ACLU says it is representing bombing suspect Rahami after he was denied right to lawyer
The American Civil Liberties Union of New Jersey says it is representing bombing suspect Ahmad Khan Rahami on federal charges until federal public defenders are allowed to take over.
The ACLU says in a press release that Rahami has been denied a right to a lawyer by both the U.S. Justice Department and the Union County, New Jersey, prosecutor’s office.
The ACLU entered a notice of appearance for Rahami in Newark federal court Monday, NJ.com reports. The notice said Rahami’s father and wife asked for ACLU representation.
Rahami is hospitalized in Newark. State prosecutors say he is unconscious, which means an arrest warrant has not yet been executed and he is not entitled to a lawyer, according to the ACLU press release. U.S. Magistrate Judge Mark Falk of Newark ruled (PDF) last week that it would be inappropriate to appoint a federal public defender because Rahami is in state, rather than federal, custody.
Falk also noted government representations that Rahami is “incapacitated and intubated” and not able to appear before the court, even for a bedside hearing.
ACLU-NJ senior staff attorney Alexander Shalom said in the press release that an accused person has a “fundamental, undeniable right” to a lawyer, regardless of the charges. “It’s extremely disturbing that Mr. Rahami’s lawyers have not been able to verify their client’s health condition, including his level of consciousness,” he said in the press release. “No one’s interests are protected when law enforcement attempts to circumvent the Constitution.”
Rahami faces bombing charges in federal court in Newark and Manhattan, and charges of attempted murder in state court in connection with the shootout with police that sent Rahami to the hospital.
Related article:
New York Times: “Public Defender Says Prosecutor Denied Him Access to Ahmad Rahami”
