Judge: DOJ Improperly Withheld Evidence of Witness' Mental Illness
More prosecutorial misconduct, this time by prosecutors in the case of Guantanamo detainee, Dr. Ayman Saeed Abdullah Batarfi, who brought a habeas petition in federal court. (Background here from our post last week noting that the Government decided to release the Yemeni physician although it's still looking for a country to accept him.)
The Judge issuing the ruling: Emmett Sullivan, the same judge who today threw out Ted Stevens' conviction.
The Justice Department improperly withheld important psychiatric records of a government witness who was used in a "significant" number of Guantanamo cases, a federal judge has concluded.
The government censored parts of the records, but enough has been made public that it's clear that the witness, a fellow detainee, was being treated weekly for a serious psychological problem and was questioned about whether he had any suicidal thoughts. The witness provided information in the government's case for detaining Aymen Saeed Batarfi, a Yemeni doctor who the government announced last week it would no longer seek to detain.
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