NEW YORK _ President Donald Trump's tweet last year that the accused West Side bike path attacker "SHOULD GET DEATH PENALTY" means that Attorney General Jeff Sessions can't make a fair, independent decision on whether to seek his execution, the accused terrorist argued in new papers Thursday.
Sayfullo Saipov is charged with killing eight people with a rented pickup truck on Oct. 31, 2017. Sessions _ a frequent target of Trump's ire _ is expected to decide whether to seek Saipov's execution in the coming weeks.
"NYC terrorist was happy as he asked to hang ISIS flag in his hospital room. He killed eight people, badly injured 12. SHOULD GET DEATH PENALTY!" Trump tweeted the following day.
The president soon doubled down on his call for Saipov to be executed.
"There is also something appropriate about keeping him in the home of the horrible crime he committed. Should move fast. DEATH PENALTY!" he tweeted.
In new papers filed in Manhattan Supreme Court, Saipov's attorney, Jennifer Brown, writes that Sessions is unable to fulfill his duty "to fairly and independently decide whether to seek the death penalty."
"President Trump's tweets mock Congress' command that a death sentence should be sought only if the Attorney General believes that 'the circumstances of the case' warrant capital punishment," Brown writes.
Saipov's legal team also cites Trump's tweet on Labor Day criticizing Sessions for indictments of two Republican congressmen, Rep. Chris Collins and Rep. Duncan Hunter.
"Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department. Two easy wins now in doubt because there is not enough time. Good job Jeff," Trump tweeted.
That message irreparably taints any decision Sessions will make in the Saipov case with the appearance of political influence, Saipov's attorney argues.
"A decision not to seek death would expose the decision-maker to a blaze of public scorn and ridicule as well as the possible loss of employment. That taint on the charging process cannot be tolerated," Brown wrote.
A spokesman for Manhattan U.S. Attorney Geoffrey Berman, whose office is prosecuting Saipov, declined to comment.
Brown writes that if Judge Vernon Broderick does not prohibit the death penalty in Saipov's case entirely, he should appoint an "independent prosecutor" to make the decision.
