Word: sofaer
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Both sides had rested their cases three weeks ago, but the attorneys' final arguments were delayed while Federal Court Judge Abraham Sofaer worked out a highly unusual arrangement with the Israeli government to allow limited access to secret documents involved in the case. After its representatives had seen . some, but not all, of the relevant documents, TIME issued a correction regarding one sentence (see box). But TIME asserted that the substance of the paragraph was true and protested that it had been denied access to key testimony given to Israeli investigators that could confirm the story...
...events of last week climaxed nine months of often frustrating negotiations between Sofaer and the Israeli government to gain access to classified materials. Under the revised terms proposed by Sofaer in early November, two Israeli lawyers, one representing Time Inc. and the other Sharon, would review the documents alone with Kahan. Kahan, in consultation with the two lawyers, would then answer whether the documents "contain any evidence or suggestion" that Sharon discussed revenge with the Phalangists or "knew in advance that the Phalangists would massacre civilians" in the camps. Time's attorneys said that the magazine would print an appropriate...
...Israeli officials refused to grant access to all the documents requested by Sofaer. The Israelis also demanded that the attorneys for both sides promise to keep secret the contents of those documents that were reviewed...
When TIME rested its case, Gould protested that he still wanted to call rebuttal witnesses, including Sharon once again. "Mr. Gould has no right to put in a rebuttal case since there is nothing to rebut," Saunders told Judge Abraham Sofaer...
Shortly before the holiday recess, Sofaer denied a series of motions by the Time Inc. attorneys to dismiss the case outright. But he reserved judgment on whether the magazine had been denied due process by the Israeli government's refusal to allow Time Inc.'s lawyers to see key documents, including the secret appendix, and question several Israeli officials. Sofaer has informed the Israeli government that the secret papers can be accepted as evidence only if attorneys from both sides are allowed direct access to them. In a statement attached to Sofaer's letter, Time Inc. attorneys...