If true that's irrelevant. There is still a legal process under way, even if people may consider it to be improper or politically motivated.   

It is easy to imagine other life and death situations where very different battle lines might be drawn, for example where capital punishment was involved, and some kind of final appeal had not been completed, and an execution was scheduled in advance of a hearing. (In fact, as I understand it, that situation does occur from time to time.)