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Sayfullo Saipov's lawyers are reporting several tweets as a result of the attack where Trump urged speedy execution. They also report a recent tweet confusing the sessions for not having thought about the political implications of its decision to indict two members of the Republican Congress.
They want the judge to exclude the possibility of the death penalty or appoint an independent prosecutor in the case.
"The combination of President Trump's request for the government to kill Mr. Saipov, his more recent tweets advocating that political calculations inform the decisions of the Justice Ministry and the confirmation of his personal attorney that the sessions of the Attorney General he is It is impossible for attorneys general to fulfill their legal obligation to decide in a fair and independent manner to seek the death sentence against Mr. Saipov, "the public defenders, led by Jennifer Brown, wrote in a court file.
Saipov, 29, was accused of killing eight people and wounding a dozen others after driving a van on a bike path near the World Trade Center on October 31. Saipov faces a charge of 22 counts of charges. He pleaded not guilty.
Saipov, who told investigators that he was motivated to use the truck while watching videos of the Islamic State, was arrested during the incident. After his truck hit a school bus, stopping him on his tracks, he got out of the car and a police officer from New York shot him dead.
"As soon as Mr. Saipov was arrested, President Trump, without knowing anything about Mr. Saipov and hardly of the crime himself, peremptorily ordered his Attorney General to execute Saipov, according to the document.
After his arrest, the president tweeted: "The NYC terrorist was happy because he asked to hang his flag of the Islamic State in his hospital room.He killed 8 people, seriously injured.
The filing also mentioned a tweet made Monday where he criticized the sessions after federal indictments were brought against two Republican lawmakers, Republican Duncan Hunter and Rep. Chris Collins.
In August, Hunter and his wife were accused of using $ 250,000 in campaign funds to finance their way of life, federal prosecutors said. Collins has been charged with securities fraud, bank fraud and misrepresentation, prosecutors say.
"Two long-standing Obama investigations of two very popular Republican parliamentarians have come to the attention of Justice Minister Jeff Sessions just before the MidTerms," said Trump. "Two easy wins now in doubt because there is not enough time … Good job Jeff …"
"A decision not to ask for death would expose the decision-maker to a green light of contempt and ridicule, as well as a possible loss of employment.This infringement of the process of indictment can not be tolerated," according to the court .
The Department of Justice did not respond to a request for comment.
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