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American Morning
Zacarias Moussaoui Trial
Aired June 03, 2003 - 07:44 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: A three-judge panel is to hear arguments today in the only U.S. prosecution stemming from the September 11 attacks, the trial of Zacarias Moussaoui. At issue: whether the Moussaoui prosecution and others that could follow might proceed in civilian court.
Here is Justice correspondent Kelli Arena.
(BEGIN VIDEOTAPE)
KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): The government will argue that Zacarias Moussaoui should not allowed to question another accused terrorist, an alleged 9/11 planner, Ramzi Binalshibh. Moussaoui, the only person charged in connection with the September 11 attacks, says that Binalshibh can clear him of any involvement, and the judge overseeing the case, Leonie Brinkema, ruled to allow Moussaoui access.
Attorney George Harris, who represented American Taliban John Walker Lindh in a similar fight, says it's a matter of constitutional rights.
GEORGE HARRIS, DEFENSE ATTORNEY: And there's a balance of interest that has to go on there. I think, though, we have to think very carefully before we would conclude as a country, as a judicial system, that the compromise means that, you know, a defendant doesn't have the normal due process rights that pertain to every other criminal defendant.
ARENA: But the government says allowing two accused terrorists to communicate raises national security concerns. So, too, does the interruption of any interrogation of Binalshibh, who is being held by the U.S. at an undisclosed location.
BRADFORD BERENSON, FORMER ASSOCIATE WHITE HOUSE COUNSEL: You have to keep in mind that in the interrogation of a person like Ramzi Binalshibh, the government's ability to get accurate, timely intelligence could save thousands of American lives here in the United States.
ARENA: Government sources say if the appeals court rules in Moussaoui's favor, the case will likely have to be moved from the civilian to the military judicial system, a major blow to the Justice Department, which is hoping for a public conviction of the alleged 9/11 conspirator.
ERIC HOLDER, FORMER DEPUTY ATTORNEY GENERAL: I think we have learned something here, and I think that if given the same choice in the future and the government decided to go with a military tribunal as opposed to putting it in the criminal justice system, I think that that would be appropriate.
ARENA (on camera): The case against Moussaoui cannot proceed until the appeals court makes its ruling, and there is no way to tell when that will happen.
Kelli Arena, CNN, Washington.
(END VIDEOTAPE)
KAGAN: That hearing is set for today at 2:00 p.m. Eastern. We'll have the latest this afternoon.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
Aired June 3, 2003 - 07:44 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: A three-judge panel is to hear arguments today in the only U.S. prosecution stemming from the September 11 attacks, the trial of Zacarias Moussaoui. At issue: whether the Moussaoui prosecution and others that could follow might proceed in civilian court.
Here is Justice correspondent Kelli Arena.
(BEGIN VIDEOTAPE)
KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): The government will argue that Zacarias Moussaoui should not allowed to question another accused terrorist, an alleged 9/11 planner, Ramzi Binalshibh. Moussaoui, the only person charged in connection with the September 11 attacks, says that Binalshibh can clear him of any involvement, and the judge overseeing the case, Leonie Brinkema, ruled to allow Moussaoui access.
Attorney George Harris, who represented American Taliban John Walker Lindh in a similar fight, says it's a matter of constitutional rights.
GEORGE HARRIS, DEFENSE ATTORNEY: And there's a balance of interest that has to go on there. I think, though, we have to think very carefully before we would conclude as a country, as a judicial system, that the compromise means that, you know, a defendant doesn't have the normal due process rights that pertain to every other criminal defendant.
ARENA: But the government says allowing two accused terrorists to communicate raises national security concerns. So, too, does the interruption of any interrogation of Binalshibh, who is being held by the U.S. at an undisclosed location.
BRADFORD BERENSON, FORMER ASSOCIATE WHITE HOUSE COUNSEL: You have to keep in mind that in the interrogation of a person like Ramzi Binalshibh, the government's ability to get accurate, timely intelligence could save thousands of American lives here in the United States.
ARENA: Government sources say if the appeals court rules in Moussaoui's favor, the case will likely have to be moved from the civilian to the military judicial system, a major blow to the Justice Department, which is hoping for a public conviction of the alleged 9/11 conspirator.
ERIC HOLDER, FORMER DEPUTY ATTORNEY GENERAL: I think we have learned something here, and I think that if given the same choice in the future and the government decided to go with a military tribunal as opposed to putting it in the criminal justice system, I think that that would be appropriate.
ARENA (on camera): The case against Moussaoui cannot proceed until the appeals court makes its ruling, and there is no way to tell when that will happen.
Kelli Arena, CNN, Washington.
(END VIDEOTAPE)
KAGAN: That hearing is set for today at 2:00 p.m. Eastern. We'll have the latest this afternoon.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
