Trump’s tweets seen as unlikely to slow NY truck rampage case
Federal courts often move quickly on terror prosecutions.
President Donald NEWYORK— Trump’s tweets calling for the death penalty for the manchargedin theNewYork truck rampage could give defense attorneys grounds to argue that Trump has poisoned the minds of potential jurors. But some legal experts doubt that argument will slow the case.
In a highly unusual instance of a president weighing in on the fate of a defendant awaiting trial, Trump said on Twitter that 29-year-old Sayfullo Saipov “SHOULD GET DEATHPENALTY!” in the attack that left eight peopledead. Inanother tweet, Trump said prosecutors “Should move fast. DEATH PENALTY!”
Some legal experts Thursday said judges in Manhattan’s federal courts will not let the president’s remarks slowthe case or throwit off track, especially in a courthouse with a quarter-century record of swift terrorism prosecution s with mostly airtight outcomes.
“Nothing slows down the train,” said James Cohen, a professor at Fordham Law School. He said the yet-to-beassigned judge will question prospective jurors to ensure they can be fair despite anything they might have heard or read.
Lawyers differed over whether Trump was out of bounds.
“Even presidents are entitled to First Amendment rights,” said MichaelWildes, a former federal prosecutor.
Joshua Dratel, a veteran defense attorney in terrorismcases, would not predict what a judge might do, but he said the tweets should disqualify prosecutors from seeking the death penalty.
“It’s inconceivable that it would be fair to seek the death penalty when the president has expressed it twice in a tweet,” he said. “It poisons the jurors, all the prospective jurors.”
In bringing terrorism charges a gains tS aipov, federal prosecutors Wednesday said the Uzbek immigrant used a rental truck to mow down people along a bike path after being inspired by Islamic State propaganda videos.
Investigators continued poring over Saipov’s phone records and online contacts and combing surveillance footage to reconstruct his movements in the weeks before the rampage.
Theywere also interviewing acquaintances and family, including his wife, who according to a law enforcement official was cooperative and claimed she did not know about the attack beforehand. Theofficialwho was not authorized to discuss the investigation and spoke on condition of anonymity.
At one point, the FBI put out a bulletin seeking any information on a fellow Uzbek immigrant, Mukhammadzoir Kadirov, but quickly canceled it after locating him.
The law enforcement officials aidKadirovw as a friend of Saipov’s andmay not have a role in the case at all, but authorities got suspicious because he “went off the radar” when they went to speak with him. Hewasquestioned and released.
John Miller, the NewYork Police Department’s deputy commissioner for counter terrorism and intelligence, told CBS that authorities so far believe Saipov acted alone.
Also Thursday, Attorney General Jeff Sessions told members of law enforcement inNewYork inavisit scheduled before the attack that the U.S. justice system can handle suspects like Saipov.
He noted over 500 defendants have been convicted of terrorism-related crimes since the Sept. 11, 2001, attacks.
Saipov is being held without bail at aManhattan federal lockup next to the courthouse.