Brett Bursey’s court hearing on Oct. 27 at the federal courthouse in Charleston went well. Judge Bristow Marchant did not throw the case out, and allowed the introduction of the White House Advance Manual that Bursey’s legal team believes shows a pattern and practice of suppressing free speech.
Judge Marchant’s options are: rule against Bursey, grant the writ and overturn the conviction, or order a new trial.
Attorney Michael Tigar posed the option of a new trial as only fair, since the judge agreed that the suppressed manual was relevant to the case.
The judge will issue a ruling in the coming weeks. We will post details here as they become available.
For background on the case, click here.
Duke Law professor Michael Tigar speaks at a reception Oct. 26 in Charleston on the eve of the hearing. For more photos of the reception, click here.