Federal court rejects bid to televise terror trial

By The Associated Press

01.22.02

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Editor's note: Court TV said Jan. 23 it would not appeal Judge Leonie Brinkema's ruling. The network said it would rely on Congress to change the federal judiciary rule that bars cameras from federal courts.

ALEXANDRIA, Va. — Television viewers probably will not see the trial of Zacarias Moussaoui, the only person charged in the Sept. 11 terrorist attacks.

U.S. District Judge Leonie Brinkema, denying a request by television networks, ruled Jan. 18 that the ban on broadcasting federal trials was constitutional. Court TV, which filed the motion for a televised trial, said it hasn't decided whether to appeal.

Moussaoui is accused in six conspiracy counts of being an accomplice to the attacks. He could receive the death penalty if convicted.

Even if the federal court system's rule were changed, television wouldn't be appropriate in this case, Brinkema said. The broadcast could intimidate witnesses, endanger law enforcement officers who testify and threaten jurors if their images are shown, she said.

"Today, it is not so much the small discrete cameras or microphones in the courtroom that are likely to intimidate witnesses; rather it is the witness' knowledge that his or her face or voice may be forever publicly known and available to anyone in the world," the judge concluded.

She adopted the argument of prosecutors, who opposed the TV coverage on security grounds. Foreign witnesses, who are outside U.S. jurisdiction, especially could refuse to testify out of fear for their safety, Brinkema said.

The Justice Department had contended a worldwide broadcast "might assist al-Qaida in retaliating against the witnesses who testify against it."

Law enforcement agents face similar problems, Brinkema wrote. "How could an agent whose face was known throughout the world ever be able to work undercover or interview witnesses on the street effectively?"

The judge said the public's right of access is fully met in the case by courtroom seating and additional seats in an adjoining courtroom that receives closed-circuit TV. Daily transcripts will be electronically available within three hours of the close of any court session, she said.

One of Moussaoui's lawyers, Edward MacMahon Jr., had said his client supported having his trial televised with some restrictions.

MacMahon had no comment on the order, saying Moussaoui had asked his three attorneys not to speak about the case.

Betsy Vorce, spokeswoman for Court TV, said the network would decide soon whether to appeal. Court TV CEO Henry Schleiff said he was optimistic that Congress would soon pass legislation permitting cameras in federal courts, subject to the trial judge's discretion.

C-SPAN, the public affairs cable network that joined the Court TV motion, said it would not join any appeal but would continue to fight the ban in the future.

"We are hopeful that a future judge, or future legislation, will open up the federal courts to television journalists like CSPAN, and give us the same rights to cover trials that print journalists have enjoyed for centuries," said Bruce Collins, C-SPAN's corporate vice president and general counsel.

Previous

Federal judge worries about effect on witnesses if terror trial is televised
Justice Department argues worldwide broadcast of Zacarias Moussaoui case 'might assist al-Qaida in retaliating against the witnesses who testify against it.'  01.10.02

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