From Deseret News archives:
U.S. dealt new setback in refusal to release documents
Judges with the 10th Circuit were swift in their action. Within hours of receiving the motion, they filed an order denying the government's motion to stay pending an appeal of the court's decision to the U.S. Supreme Court.
Attorneys for the government had filed a motion Tuesday seeking to block an investigation report from being provided to attorney Jesse Trentadue. They argued that the release of conclusions from an investigation into accusations of a cover-up by high-ranking Department of Justice officials would make their appeal to the U.S. Supreme Court moot.
Jesse Trentadue has been locked in a legal battle with the federal government for years, trying to prove that his brother, Kenneth Trentadue, was killed in August 1995 during an FBI interrogation at a federal prison facility in connection to the investigation of the Oklahoma City bombing.
Kenneth Trentadue was found hanging in his cell. A government investigation into the death ruled it a suicide.
Having found what he claims is evidence that DOJ officials destroyed documents related to his brother's death and instructed witnesses to lie about the death, Jesse Trentadue asked the President's Council on Integrity and Efficiency to investigate. The Integrity Committee suddenly dismissed the case without any explanation and refused to hand over its report to Trentadue after he made a request through the Freedom of Information Act.
U.S. District Judge Dale Kimball ordered the government to turn over the report. The government appealed, but in September the 10th Circuit Court of Appeals rejected the government's arguments and ordered the report released. The government then requested that the 10th Circuit rehear the case, which was rejected. This week, the government sought a stay of the 10th Circuit's order so it could appeal to the Supreme Court, which was immediately rejected by the court the same day.
Trentadue has wondered why the government has gone to such great lengths to keep the report from being released.
"This leads me to believe that there must be something very ugly in those records," Trentadue said.
However, he suspects that the government may seek a stay with the U.S. Supreme Court, which it must do very soon.
E-mail: gfattah@desnews.com
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1995 - the swift scales of justice have slowed to a crawl.
Tab L. Uno | Nov. 29, 2007 at 1:30 a.m.
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