U.S. FIGHTS BAR ON OFFERING DEFENDANTS LENIENCY

DENVER (Reuters) - A controversial court decision making it illegal for
federal prosecutors to offer leniency in exchange for testimony would
``paralyze'' law enforcement, a high-ranking Justice Department lawyer
argued Tuesday.

In July a three-judge federal panel sent shock waves through the federal
criminal justice system when it ruled that the long-standing practice
amounted to bribery and was illegal.

``This is going to paralyze the ability of government prosecutors to carry
on their business as they have carried it on for many years,'' Deputy
Solicitor General Michael Dreeben told the 10th U.S. Circuit Court of
Appeals.

Dreeben said prosecutors' common practice of making a deal with a defendant
in exchange for testimony against another defendant ``could be stopped in
its tracks'' if the full court did not overturn the panel's ruling.

The National Association of Criminal Defense Lawyers, however, argued that
the decision was proper because it would prevent prosecution witnesses from
giving tainted testimony.

Each side presented its arguments to all 12 judges of the appeals court that
is reconsidering the three-judge panel's decision.

Leniency can include immunity from prosecution or reduced charges and
recommendations for reduced sentences.

The Justice Department fears the July ruling might be adopted by federal
appeals courts in other parts of the country, although the decision applied
only to Oklahoma, Kansas, Colorado, New Mexico, Utah and Wyoming, the states
comprising the 10th judicial circuit.

Judges Tuesday closely questioned Dreeben, Robert Mahler of the defense
lawyers' association and John Wachtel, the Wichita, Kansas, attorney who
initially raised the issue in a drug prosecution there.

Outside the courthouse, Wachtel told reporters that the Justice Department
had exaggerated the implications of the ruling. He said prosecutors would
still be able to get convictions under it.

Checked-by: Don Beck