WP:
A Late Twist in the Tobacco Case
Judge to Let Groups Seek Tougher Penalty if Companies Lose
By Marc Kaufman
Washington Post Staff Writer
Saturday, July 23, 2005; Page A06
Six weeks after the two sides rested in the Justice Department's racketeering case against the cigarette industry, the presiding federal judge agreed yesterday to let six public interest groups intervene and argue for tougher punishment if the government wins.
The unusual decision by U.S. District Judge Gladys Kessler will allow groups such as the American Cancer Society and the Tobacco-Free Kids Action Fund to make the case that the Justice Department did not properly represent the interests of the public.
In its closing argument on June 7, the Justice Department reduced its requested "remedy," should it prevail, from $130 billion to $10 billion -- a move strongly opposed by the public interest groups.
The groups, which also include the American Heart Association, the American Lung Association, Americans for Nonsmokers' Rights and the National African American Tobacco Prevention Network, will be allowed to argue that the companies should be forced to pay more for smoking-cessation programs. They will not, however, be allowed to enter new evidence....
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In her order, Kessler referred to her own earlier "concern about changes in the government's position, and lack of clarity and finality about those changes."...
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/22/AR2005072201743.html?sub=AR
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