Judge Denies Terror Trial Broadcast
Jan. 18, 2002 -- Television cameras won't be in the courtroom during the trial of accused Sept. 11 conspirator Zacarias Moussaoui, a federal judge in Alexandria, Va., ruled today.
In a 13-page ruling, U.S. District Court Judge Leonie Brinkema denied the request to allow video or audio recording during Moussaoui's trial.
"We are very aware of the extensive, legitimate public interest in this case, and understand that many thousands of people in this country, and throughout the world, suffered devastating losses on September 11, 2001. It is understandable that they might want to watch this trial," she wrote in the decision.
Nevertheless, she said the point of the trial was not to serve the needs of victims of the terror attacks or the global community.
"Instead, the purpose is to determine the innocence or guilt of this defendant for the specific crimes charged in the indictment," she wrote.
Concerns Over Defendant’s Conduct
Sometimes called the "20th hijacker," Moussaoui was picked up by the FBI shortly before the Sept. 11 attacks after a flight school flagged his behavior as unusual.
Moussaoui, a 33-year-old French citizen who allegedly trained at one of Osama bin Laden's camps in Afghanistan, is charged with conspiracy to commit acts of terrorism, to commit aircraft piracy, to destroy aircraft, to use weapons of mass destruction, to murder federal employees and to destroy property.
He could face the death penalty if convicted.
With consent from Moussaoui's lawyers, Brinkema entered a plea of not guilty for him at his arraignment on Jan. 4, after Moussaoui said he had no plea. Brinkema indicated that Moussaoui's conduct at his arraignment — and concern that he would try to make a statement at a televised trial — influenced today's decision.
"This possibility [of using the trial for showmanship and to promote al Qaeda] is of particular concern because, at his arraignment, the defendant insisted on personally advising the Court that he would not respond to the charges against him by entering, as is the normal practice, a plea of guilty or not guilty," Brinkema wrote in her decision. "This behavior suggests that the defendant's conduct in this case may be both unorthodox and unpredictable."
Judge Cites Legal Constraints, Security Concerns
In her ruling today, Brinkema said she was legally barred from granting the motion.
Federal rules flatly prohibit TV cameras in federal courtrooms for criminal trials and the Justice Department also strongly opposed the motion, saying televising the trial would endanger witnesses, judges and a federal courthouse.
Brinkema also also voiced sympathy with prosecutors' arguments that television the trial would pose a security risk.
The Justice Department was pleased with the ruling, a department spokesman said.
The motion was brought by Court TV, but was also supported by Moussaoui, the only suspect indicted so far in connection with the Sept. 11 terror attacks. Other news organizations, including ABCNEWS, C-SPAN, CBS, NBC and CNN filed in support of Court TV's motion. Brinkema also barred radio broadcasts.
Court TV, which has televised hundreds of trials, including the murder trial of O.J. Simpson and and the rape trial of William Kennedy Smith, argued the public has a right to see the proceedings.
The Fear Factor
Jury selection in the case begins Sept. 30, with opening statements to follow about two weeks later.
Moussaoui's defense lawyer, Ed McMahon, supported the Court TV motion, saying public airing of the trial could provide an "added layer of protection" for his client, helping to guarantee the fairness of the proceedings.
During a hearing on the issue on Jan. 9, Brinkema seemed troubled by the security issues raised by government lawyer Elizabeth Collery, who argued broadcast of the trial could have a chilling effect on witnesses and jurors. Brinkema called Collery's concerns "legitimate" and described the possibility of broadcast "a very chilling problem."
A Right to Watch?
Court TV lawyer Lee Levine said the Constitution gives Americans the right to watch, a notion rejected by Collery, who said the First Amendment includes no right to observe.
Federal rules flatly prohibit TV cameras in federal courtrooms for criminal trials and the Justice Department also strongly opposed the motion, saying televising the trial would endanger witnesses, judges and a federal courthouse.
Despite the federal rules, cameras were in the courtroom for the Oklahoma City bombing trial, which was shown on closed-circuit TV to the victims' families.
The Senate has passed legislation to allow a similar arrangement for the Moussaoui case, but the House has yet to act.
Many newspapers and commentators voiced support for televising the trial, saying it would demonstrate the fairness of the U.S. justice system. Others, however, have argued it would only add to the highly charged atmosphere of the case.