U.S. Department of Justice
Washington, D.C. 20530
JALerner:edb
DJ# 145-12-10530
Telephone:(202) 514-4263
March 14, 1997
VIA FAX & FIRST CLASS MAIL
Honorable Gladys Kessler
United States District Court Judge
U.S. District Court
District of Columbia
U.S. Courthouse
333 Constitution Avenue, N.W.
Washington, D.C. 20001-2866
Re: National Association of Criminal Defense Lawyers, et al., v. United States Department of Justice, et al., USDC D.D.C., Civil Action No. 97cv372(GK)
Dear Judge Kessler:
Per your request at the end of today's hearing, I am writing to confirm that it is the official position of the Department of Justice that, as stated in the government's brief at page 16, any prisoners who potentially have habeas claims based on the contents of the final report of the Office of Inspector General ("OIG") concerning allegations of impropriety involving the FBI laboratory will have diligently discovered facts supporting their claim as of the date of public disclosure of the report. They will have one year from that date to file habeas petitions for relief under Sections 2254 and 2255.
As to the timing for completion of the final report, the OIG will transmit the report to the Attorney General no later than April 15. In light of the extreme public interest in the report, however, the OIG is making every effort to complete the report during the week of April 7.
Very truly yours,
Jessica A. Lerner
Trial Attorney
Federal Programs Branch
Civil Division
National Association of Criminal Defense Lawyers (NACDL)