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Judge in Moussaoui Case Could Rule Today on Request to Drop Charges
Aired September 30, 2003 - 08:15 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.
HEIDI COLLINS, CNN ANCHOR: The judge in the Zacarias Moussaoui case could rule today on a request to drop all charges against the alleged 9/11 conspirator. Federal prosecutors and Moussaoui's defense team have both asked for a dismissal, but as you might imagine, for very different reasons.
With us now from Miami to talk about the legal maneuvering, criminal defense attorney Frank Rubino.
Mr. Rubino, thanks for being with us this morning.
How likely is it that the judge will actually dismiss this case?
FRANK RUBINO, CRIMINAL DEFENSE ATTORNEY: I think it's very likely the judge will dismiss the case.
COLLINS: Why is that?
RUBINO: Well, what'll happen is if the judge does not dismiss the case at this stage, it will turn into a chess game. Now what'll happen is she will reissue her order allowing them to take the three depositions. The government, then, will not allow this to occur. It will then evolve into a sanctions hearing and the only appropriate sanction would be at that time for the judge to them dismiss the case for the government's failure to comply.
It's almost like a dog chasing its tail, it's going to end up at the same place.
COSTELLO: Now, as we already mentioned, we know that both parties have asked for a dismissal. I want to know why. And then, also, I know that you say that usually it's unlikely that a judge will request -- deny a request like this when both parties have asked, but that this case is so very different it could have a different outcome.
RUBINO: Well, as I say, the judge is in the position where ultimately the government is not going to comply. Therefore, she's going to have to dismiss it anyway. The reason both sides want it is the defense wants it, of course, because how could they possibly go forward with a trial when their client would be denied his constitutional right to call witnesses on his behalf.
On the other hand, the government wants it, obviously, to maneuver him into a military trial instead of a civilian trial.
COSTELLO: All right, let's talk for a moment, if we could, about the three al Qaeda captives. Why is the government blocking Moussaoui's access to them? And important to point out, as well, to just remind everyone that Moussaoui is representing himself and what that might have to do with this.
RUBINO: That's the whole problem. If Moussaoui were represented by active counsel, not standby counsel, then they would receive a security clearance under what we call CIPA, Classified Information Procedures Act, and they would be able to receive classified information. And I don't think the government would then oppose the depositions because they could then take them out of Moussaoui's presence.
In this case, we can't allow Moussaoui to be taking these depositions and receiving classified information. It's kind of like sending the fox into the hen house.
COSTELLO: The defense, you say, can obtain this classified information, but there are safeguards.
RUBINO: Yes, it's a particular law called CIPA, Classified Information Procedures Act, where we have in place and have had in many, many cases a framework for receiving classified information. And that would be utilized but for the fact Moussaoui does not have an active defense attorney.
COSTELLO: All right. So, if he is brought before a military tribunal, then, if that is the next step, how will he fare? Is this going to be a more difficult process and possibly a more difficult sentence?
RUBINO: It will be, obviously, a more difficult process for Moussaoui. It will be a much easier and less complex process for the government because you will not have the same strict rules of evidence and won't have the public scrutiny.
COSTELLO: All right, we thank you so much for your insights this morning.
Mr. Frank Rubino, criminal defense attorney, coming to us from Miami this morning.
RUBINO: Thank you.
COSTELLO: Thanks again.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Drop Charges>
Aired September 30, 2003 - 08:15 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, CNN ANCHOR: The judge in the Zacarias Moussaoui case could rule today on a request to drop all charges against the alleged 9/11 conspirator. Federal prosecutors and Moussaoui's defense team have both asked for a dismissal, but as you might imagine, for very different reasons.
With us now from Miami to talk about the legal maneuvering, criminal defense attorney Frank Rubino.
Mr. Rubino, thanks for being with us this morning.
How likely is it that the judge will actually dismiss this case?
FRANK RUBINO, CRIMINAL DEFENSE ATTORNEY: I think it's very likely the judge will dismiss the case.
COLLINS: Why is that?
RUBINO: Well, what'll happen is if the judge does not dismiss the case at this stage, it will turn into a chess game. Now what'll happen is she will reissue her order allowing them to take the three depositions. The government, then, will not allow this to occur. It will then evolve into a sanctions hearing and the only appropriate sanction would be at that time for the judge to them dismiss the case for the government's failure to comply.
It's almost like a dog chasing its tail, it's going to end up at the same place.
COSTELLO: Now, as we already mentioned, we know that both parties have asked for a dismissal. I want to know why. And then, also, I know that you say that usually it's unlikely that a judge will request -- deny a request like this when both parties have asked, but that this case is so very different it could have a different outcome.
RUBINO: Well, as I say, the judge is in the position where ultimately the government is not going to comply. Therefore, she's going to have to dismiss it anyway. The reason both sides want it is the defense wants it, of course, because how could they possibly go forward with a trial when their client would be denied his constitutional right to call witnesses on his behalf.
On the other hand, the government wants it, obviously, to maneuver him into a military trial instead of a civilian trial.
COSTELLO: All right, let's talk for a moment, if we could, about the three al Qaeda captives. Why is the government blocking Moussaoui's access to them? And important to point out, as well, to just remind everyone that Moussaoui is representing himself and what that might have to do with this.
RUBINO: That's the whole problem. If Moussaoui were represented by active counsel, not standby counsel, then they would receive a security clearance under what we call CIPA, Classified Information Procedures Act, and they would be able to receive classified information. And I don't think the government would then oppose the depositions because they could then take them out of Moussaoui's presence.
In this case, we can't allow Moussaoui to be taking these depositions and receiving classified information. It's kind of like sending the fox into the hen house.
COSTELLO: The defense, you say, can obtain this classified information, but there are safeguards.
RUBINO: Yes, it's a particular law called CIPA, Classified Information Procedures Act, where we have in place and have had in many, many cases a framework for receiving classified information. And that would be utilized but for the fact Moussaoui does not have an active defense attorney.
COSTELLO: All right. So, if he is brought before a military tribunal, then, if that is the next step, how will he fare? Is this going to be a more difficult process and possibly a more difficult sentence?
RUBINO: It will be, obviously, a more difficult process for Moussaoui. It will be a much easier and less complex process for the government because you will not have the same strict rules of evidence and won't have the public scrutiny.
COSTELLO: All right, we thank you so much for your insights this morning.
Mr. Frank Rubino, criminal defense attorney, coming to us from Miami this morning.
RUBINO: Thank you.
COSTELLO: Thanks again.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Drop Charges>
