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A lawyer for Xing Wu Pan, a top fund-raiser for John C. Liu, the New York City comptroller, told a federal judge on Friday that he intended to seek dismissal of the indictment against his client on grounds of "outrageous misconduct by the government".
But Judge McMahon also pointed out that while it was questionable, the government's behavior did not rise to the level of "outrageous misconduct," and that ultimately Mr. Cromitie justified the informer's persistence when he proved "ready and willing to commit terrorist acts".
But a defense lawyer, Gerald J. McMahon, argued that the government had engaged in "outrageous" misconduct because one man involved in running the network, Jude Buoneto, was a cooperating witness in the investigation and had also sexually abused a young girl in the 1990s.
The use of tolerance together with punitive damages accords well with the empirical observation that punitive damages are normally awarded only for "outrageous" misconduct.
This stuff is nowhere near as controversial as Edward Snowden's NSA / GCHQ / PRISM leaks, which exposed outrageous misconduct on a global scale.
A Virginia man sentenced to life in prison in 2001 savored his first night of freedom Wednesday after a federal judge overturned his murder conviction, and lambasted police and prosecutors for "outrageous misconduct" in the case.
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The office was responding to a motion by the defense lawyer, Gerald J. McMahon, who had asked a judge, Lewis A. Kaplan of Federal District Court, to dismiss an indictment on the ground of "outrageous government misconduct".
In May, the judge rejected a motion by Mr. Ghailani's lawyers seeking dismissal of charges on grounds that his torture while in C.I.A. custody was outrageous government misconduct.
The lawyer, who represents 1 of 14 defendants in the case, has asked a judge, Lewis A. Kaplan of Federal District Court in Manhattan, to dismiss the indictment on grounds of "outrageous government misconduct," legal papers show.
The Marquis de Sade, for instance, who was incarcerated in the Bastille for outrageous sexual misconduct, was allowed to bring his own furniture, tapestries, and family portraits to his cell.
As Francine du Plessix Gray noted in a 1997 Talk of the Town story, the Marquis de Sade, while imprisoned in the Bastille for "outrageous sexual misconduct," requested a long list of clothing, perfume, and writing utensils, along with "a pot of beef marrow and a loaf of the same".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com