Brinkema Backs Down

Friday, March 17, 2006
Fearing another reversal by the U.S. Court of Appeals, Fourth Circuit, Judge Brinkema reversed herself and has granted in part the government's motion for reconsideration of her previous order prohibiting the government from presenting any aviation security evidence.

She has now issued an order allowing the government to present evidence and witnesses who have had no previous contact with TSA attorney Carla Martin.

I wonder if the government will appeal this latest order? There's nothing to lose and there is some legal merit to an appeal given that the prospective witnesses allegedly coached by Carla Martin say they were not influenced by her activities. And the ultimate purpose of rules of evidence is to allow the truth to be presented.

Although the New York Times is reporting this as a compromise, there is no indication of any agreement on the part of the government. Indeed, a reading of Brinkema's new order, cited above, makes no mention of any compromise.

In other related news, TSA attorney Carla Martin has been placed on leave by TSA.