Eventually the situation was resolved when Manning's main counsel, David Coombs, made a special request to the judge.
The authority's request to the judge, filed by Attorney General Andrew M. Cuomo, said Mr. Toussaint's acknowledgment "falls short of a commitment" not to strike again.
The new request to the judge claims the settlement has been violated because disclosures about a rental history are "camouflaged and deceptive" and are found on the buyer's order "but not on the legally binding financing agreement".
But the litigation involving BP has become especially bitter because of a request to the judge last month by the 17-member leadership asking to create a fund that could be used to cover litigation costs.
In their request to the judge, prosecutors say Da Silva – or Lula as he is universally known – benefited from renovation work carried out by the OAS construction firm at a luxury penthouse in the seaside resort of Guarujá.
The government, responding to the new revelations about the surveillance systems, replied on Friday with a request to the judge in the case, Jeffrey S. White, for a delay on any decisions about pending motions until it files a new status report "on further proceedings in this case" by July 12.
"An application, whether formally or informally made – for instance by communicating a request to the judge through court staff – can be made by an individual in court to activate and use a mobile phone, small laptop or similar piece of equipment, solely in order to make live text-based communications of the proceedings," he added.
"So I informed them, in December I would request to the judges of the International Criminal Court to open an investigation and that is the process established by the Rome Treaty," Mr. Moreno-Ocampo said.
Judge Fahey left open the option for the news media to submit requests to the trial judge.
The constitutional court said the lawyer's request to recuse the judge was not sufficiently addressed.
