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Home Front: WoT
US Judge: PA Can Cover Up Link To 2002 Terror Attack
Citing "privileged and protected" information, judge orders memo connecting PA to suicide kaboom returned or destroyed.

A US judge ruled that the Paleostinian Authority has the right to cover up evidence of its connection to a 2002 suicide kaboom in Karnei Shomron which killed three teenagers, The New York Post reported Monday.

According to the report, a two-page memo directly linking the PA to the terror attack was inadvertently handed over to lawyers suing the Paleostinian government for $300 million on behalf of the parents of two American teens killed in the bombing. An Israeli teen also was killed in the attack.

The New York Post claimed that the document reveals a "close relationship" between the bomber, Sadeq Hafez, an operative for the Popular Front for the Liberation of Paleostine
... Paleostinian Marxist movement, founded in 1967. It is considered a terrorist organization by more than 30 countries including the U.S., European Union, Australia, Canada, and Antarctica. The PFLP's stated goal is the establishment of a socialist State in Paleostine. They pioneered armed aircraft hijackings in the late 60s and early 70s...
(PFLP) terror group, and Raed Nazal, a captain in the Paleostinian Authority security forces who allegedly planned the attack.

At the time, Nazal allegedly "was both a salaried officer in the PA's security services and a leader of the PFLP cell" which carried out the bombing.

The NY Post further reported that the memo, written in April 2012 by Maj. Ziad Abu Hamid of the PA's General Intelligence Service, details "at least six other critical facts" about the attack and "clearly establishes the [PA]'s material support and liability."

Nevertheless, Washington, DC, federal Judge Richard Leon ordered the memo destroyed or returned to the PA, citing "privileged and protected" information.

The plaintiffs' lawyers, David Schoen and Robert Tolchin, denounced the ruling, asserting that the PA's "illegitimate cover-up efforts must not be permitted with impunity." Otherwise, they claimed, "this critically important evidence of murder will likely be lost forever.

"It would also deprive Congress of the kind of evidence it must have to evaluate whether to continue funding [the PA] only to see the money go to support and reward terrorism against Americans."

Lawyers for the Paleostinian Authority did not return a request for comment.

In court papers, however, they said the memo was mistakenly handed over in a Sept. 12 deposition. They said the memo "retains the protection of the privilege despite the inadvertent disclosure."
Posted by:trailing wife

#4  IANAL, so this is just seat-of-the-pants. New Federal Rule of Evidence 502 states:

"(b) Inadvertent Disclosure. When made in a federal proceeding . . . the disclosure does not operate as a waiver in a federal or state proceeding if:

(1) the disclosure is inadvertent;

(2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and

(3) the holder promptly took reasonable steps to rectify the error, including (if applicable) following Federal Rule of Civil Procedure 26 (b)(5)(B)."

So it depends on how the memo got handed over; whether the court decided the bad guys "took reasonable steps to prevent disclosure"; and whether they quickly ("timely") notified the other side what had happened and demanded the memo back. And "timely" doesn't mean two months.

I'm pretty sure the handover was "inadvertent" just based on the content, but that doesn't cut any ice with a court (or shouldn't). There are fairly specific requirements as to what constitutes "inadvertent."

I'm pretty sure they'll appeal the ruling. I'd appeal it all the way to the Supreme Court before turning it over.
Posted by: Barbara   2013-01-16 19:37  

#3  "As is" IMO there is no reason for a US Fed Judge to allow such unless the US Govt-Agencies is linked to the incident andor Personages involved.

CIA, NSA, ...@etc role(s)???
Posted by: JosephMendiola   2013-01-16 18:27  

#2  Leak it to the Web.
Posted by: Pappy   2013-01-16 16:00  

#1  There ARE stupid Judges.
Posted by: Redneck Jim   2013-01-16 06:11