Lawyers do not say that we should not ask the death penalty for a terrorist terrorist

Defense lawyers for terrorist terrorist Sayfullo Saipov on Thursday urged a federal judge in Manhattan to ban the government from seeking the death penalty or appointing an independent council for decision because of President Donald Trump's damaging tweets.

The motion quotes Trump's tweets calling for the death penalty immediately after Saipov's bombing last year, which left eight dead, and more recently tweets criticizing Attorney General Jeff Sessions and the political effect of his accusations in two cases.

"The combined impact of the president's statements prevents attorneys general – who work for Mr. Trump – from fulfilling his statutory and constitutional duty to exercise independent discretion to determine whether a lawsuit against capital is justified, "said the defender. Judge Vincent Broderick.

"It is necessary to obstruct the death sentence or the appointment of an independent prosecutor to protect Mr. Saipov's constitutional and statutory right to a fair and not arbitrary decision as to the possibility of condemning to death" they added. .

Saipov, 30, of Paterson, NJ, a permanent resident from Uzbekistan in 2010, drove a van rented on a West Side bike path last October, causing many injuries and eight deaths. He was inspired by the Islamic State, the authorities said.

"The New York terrorist was happy to have asked to hang the flag of the Islamic State in his hospital room," tweeted Trump on November 1, 2017. "He killed 8 people seriously. injured. " said, Trump called Saipov a "degenerate animal" and said "Should go fast." DEATH PENALTY! "

The motion also cited Trump's harsh criticism of Sessions for failing to follow a political agenda on issues such as continuing investigations and prosecutions against Hillary Clinton, and a tweet on September 3 blaming Sessions of recent accusations

"Two long-standing Obama era investigations into two very popular Republican congressional members have been brought to the attention of Jeff Sessions' Justice Department," the US president said in the tweet. "Two easy victories now outstanding because time is running out. Good job Jeff … "

The Justice Ministry has not yet announced its intention to seek the death penalty, but prosecutors announced in June that they will make a decision in September. A spokesman for Manhattan's US attorney Geoffrey Berman declined to comment on the motion.

In addition to Trump's tweets, Saipov's lawyers David Patton, Mark Gombiner and Jennifer Brown cited statements by Trump's lawyer Rudy Giuliani about the possibility of dismissing sessions as further evidence of the prosecutor's vulnerability. general.

They stated that the federal law makes the "government prosecutor" responsible for deciding whether the circumstances of a case justify the death penalty, and the Justice Department has established a protocol developed to weigh both sides before the death penalty. decide.

"The pressure of Mr. Trump's untimely demands is simply too great for the Attorney General's sessions or anyone else working for President Trump to properly exercise the independent, evidence-based decision-making process. . . They told Broderick.

"A decision not to ask for death would expose the decision maker to a blaze of public contempt and ridicule as well as a possible loss of employment," the motion argued. "This stain on the loading process can not be tolerated."