Moussaoui Judge Denies Media Motion For Access to Parts of Record While Trial Carries On

Judge Leonie M. Brinkema, the judge presiding over the Zacarias Moussaoui case, has denied various news media access to parts of the record of the trial while it continues. Citing concerns about “the integrity of the proceedings…unreasonably burdening court and attorney resources while the trial is in progress” the judge held that “the potential for underming the integrity of the proceeding is significant. Although the jury has to date been able to avoid media coverage, as previously explained, if information not yet shown to the jury is publicly available and seen by a juror, the potential for jury taint arises. For example, Exhibit ST-01 is a thick set of stipulations. Although this exhibit has been admitted into evidence, only a few of the stipulations have yet been read to the jury. If that exhibit had been publicly disseminated when introduced, the government’s case would be unfolded in public before the jury received it. Moreover, as often happens in a long, complex case, counsel sometimes change their use of exhibits. Again, Exhibit ST-01 presents a good example of an exhibit not all of which may be used. If a copy of that exhibit were made publicly available and not all the stipulations within it actually used, the media would be presenting an inaccurate representation of the evidence actually admitted…”

The judge also considered the intervenors’ request for an alternative. “The intervenors have suggested…that the Court employ a default system similar to what was used for electronic posting of pleadings….Although that procedure worked adequately in the pretrial setting, to expect either the Court or counsel in the midset of an extremely complicated case to review transcripts..to decide if they can be publicly disclosed presents an unreasonable and inappropriate burden.” Read the entire ruing here. 

Various news organizations, including the Associated Press, CNN, the New York Times, and the Washington Post, are appealing Judge Brinkema’s decision. Read more here.