Omar Matteen died in his assault at the club on June 12, 2016.
The disclosures came after prosecutors had rested their case against Salman and “well after the defense had developed its theory of defense and cross-examined its witnesses,” Scheller said in his filing.
“Compelling Ms. Salman to proceed in such a situation not only is antagonistic to her constitutional rights to a fair trial and the effective assistance of counsel, but also rewards the government’s conduct,” Scheller wrote. “The Constitution cannot withstand such an assault.”
Salman is charged with providing material support to the Islamic State, a foreign terror organization, and with obstructing justice. She could face life in prison if convicted.
Prosecutors, who rested their case last week, say Salman accompanied her husband while casing Pulse and other targets, including Disney Springs, also in Orlando.
During the siege, Mateen and his wife exchanged text messages. Mateen also called a local TV station and 911 to “pledge allegiance” to the Islamic State and its leader, Abu Bakr al-Baghdadi.
After hours of negotiations failed, authorities became concerned that Mateen would blow up the club. Officers finally smashed through a wall and engaged in another firefight with Mateen, 29, who died at the scene. More than 50 people were wounded in the rampage.