Terror Trial Trouble
PRESIDENT BARACK OBAMA: “Ramzi Yousef … Was Convicted In Our Courts.” “Zacarias Moussaoui … Was Convicted In Our Courts.” “If We Can Try Those Terrorists In Our Courts And Hold Them In Our Prisons, Then We Can Do The Same With Detainees From Guantanamo.” (President Obama, Remarks At The National Archives, Washington, D.C., 5/21/09)
MICHAEL MUKASEY, Former Attorney General: “Again, during the trial of Ramzi Yousef, the mastermind of the 1993 World Trade Center bombing, an apparently innocuous bit of testimony in a public courtroom about delivery of a cell phone battery was enough to tip off terrorists still at large that one of their communication links had been compromised. That link, which in fact had been monitored by the government and had provided enormously valuable intelligence, was immediately shut down, and further information lost.” (Michael Mukasey, “Jose Padilla Makes Bad Law,” The Wall Street Journal, 8/22/07)
“The Government Went To The Judge And Said, ‘Oops, We Gave Moussaoui Some Documents He Shouldn’t Have.’ … Documents That The Government Says Should Have Been Classified.” B. WILLIAMS: “Pete, also you mentioned Zacarias Moussoui in a separate context. Late tonight, a story has come out involving him. He, of course, is in jail during all this trial process. He comes in to possession of classified government documents from the United States government passed to him by US marshals. How did this happen?” P. WILLIAMS: “Well, first of all, we don't know what's in the material. It happened because the government is required under federal trial rules to give a defendant information that could be useful to the defense. That's the standard procedure in a criminal case. Secondly, the government has given Moussaoui thousands and thousands and thousands of pages of documents. Now, in early August, it turns out, we learned today from court documents, the government went to the judge and said, 'Oops, we gave Moussaoui some documents he shouldn't have.' Now, these are not classified documents, interestingly enough. At least that's my reading of the court documents I've been looking at so far. These are unclassified documents that the government says should have been classified because they contain national security material.” (“FBI Reveals New Details About 9/11 Hijackers,” CNBC, 9/26/02)
“The Cost Of Disclosing Information Unwisely Became Clear After The New York Trials Of Bin Laden Associates For The 1998 Bombings Of U.S. Embassies In Africa. Some Of The Evidence Indicated That The National Security Agency, The U.S. Foreign Eavesdropping Organization, Had Intercepted Cell Phone Conversations. Shortly Thereafter, Bin Laden's Organization Stopped Using Cell Phones To Discuss Sensitive Operational Details, U.S. Intelligence Sources Said.” (“U.S. Wants To Build Case Against Bin Laden Without Aiding Him,” The Star-Ledger, 9/26/01)
“More Details About The Use Of Satellite Phones By Mr. Bin Laden And His Lieutenants Were Revealed By Federal Prosecutors In The 2001 Trial In Federal District Court In Manhattan Of Four Men Charged With Conspiring To Bomb Two American Embassies In East Africa In 1998.” (“Bush Account Of A Leak’s Impact has Support,” The New York Times, 12/20/05)
MICHAEL MUKASEY, Former Attorney General: “In The Course Of Prosecuting Omar Abdel Rahman … The Government Was Compelled--As It Is In All Cases That Charge Conspiracy--To Turn Over A List Of Unindicted Co-Conspirators To The Defendants. … Within 10 Days A Copy Of That List Reached Bin Laden In Khartoum” “In fact, terrorism prosecutions in this country have unintentionally provided terrorists with a rich source of intelligence. For example, in the course of prosecuting Omar Abdel Rahman (the so-called ‘blind sheik’) and others for their role in the 1993 World Trade Center bombing and other crimes, the government was compelled--as it is in all cases that charge conspiracy--to turn over a list of unindicted co-conspirators to the defendants. That list included the name of Osama bin Laden. As was learned later, within 10 days a copy of that list reached bin Laden in Khartoum, letting him know that his connection to that case had been discovered.” (Michael Mukasey, “Jose Padilla Makes Bad Law,” The Wall Street Journal, 8/22/07)
• “A Veteran Civil Rights Lawyer Was Convicted Thursday Of Crossing The Line By Smuggling Messages Of Violence From One Of Her Jailed Clients - A Radical Egyptian Sheik - To His Terrorist Disciples On The Outside. The jury deliberated 13 days over the past month before convicting Lynne Stewart, 65, a firebrand, left-wing activist known for representing radicals and revolutionaries in her 30 years on the New York legal scene. The trial, which began last June, focused attention on the line between zealous advocacy and criminal behavior by a lawyer.” (“N.Y. Lawyer Convicted Of Aiding Terrorists,” AP, 2/10/05)
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