Mountain Man
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US Gives Moussaoui Classified Documents by Mistake
Thu Sep 26, 6:52 PM ET
WASHINGTON (Reuters) - The U.S. government gave 48 classified documents to accused Sept. 11 conspirator Zacarias Moussaoui by mistake in what the judge called a grave security breach, according to court records released on Thursday.
The classified documents -- FBI ( news - web sites) summaries of interviews -- then had to be retrieved during several days of searches of Moussaoui's jail cell in Alexandria, Virginia, where he is being held in solitary confinement awaiting trial.
The classified documents were given to Moussaoui, the only person charged in the United States for the hijacked plane attacks on the World Trade Center and the Pentagon ( news - web sites), by mistake over the past few months as part of the evidence turned over to him by federal government prosecutors.
Moussaoui, who is acting as his own lawyer, is not allowed to see classified documents. A Justice Department ( news - web sites) official said the government was "quite confident" that Moussaoui never read the documents, which were not stamped "classified."
U.S. District Judge Leonie Brinkema cited the gravity of the security breach in ordering the documents to be retrieved.
The judge said she reviewed two of the documents at issue. "We find that significant national security interests of the United States could be compromised if the defendant were to retain copies of this classified information," she said in her order.
As soon as the government learned of its mistake, it retrieved all of the documents and marked them classified, the Justice Department official said.
"We are quite confident that Moussaoui never saw any of the materials of concern," he said, but added that Attorney General John Ashcroft ( news - web sites) had asked the FBI to conduct a damage assessment.
The official said the assessment would cover how the mistake had happened and what steps must be taken to make sure it does not occur again.
At least two of the documents were released to Moussaoui in June. The searches of his cell took place in late August and early September, according to the court records.
"ARABIAN DISCOVERY CAVE"
Moussaoui filed a request with the judge to "Expulse (sic) the United States from the Arabian Discovery Cave," seeking an end to the searches by the United States Marshals Service and saying it disrupted his trial preparations.
Brinkema unsealed a series of letters and documents detailing the incident. Moussaoui's standby lawyers charged it had been sealed, at the government's request, to spare it embarrassment over its mistake, rather than protect national security.
Government prosecutors replied that the accusation was "cynical and misleading." They said that since Moussaoui was not cleared to see the material, the documents were "contraband" and they warned it was "illegal and dangerous" for him to possess them.
The 34-year-old Frenchman has been charged with six counts of conspiracy in the Sept. 11 attacks. Four of the charges carry the death penalty.
He has denied being a part of the hijackings, but admitted to being a member of al Qaeda. The United States blames Osama bin Laden ( news - web sites) and his al Qaeda network for the attacks that killed about 3,000 people.
Thu Sep 26, 6:52 PM ET
WASHINGTON (Reuters) - The U.S. government gave 48 classified documents to accused Sept. 11 conspirator Zacarias Moussaoui by mistake in what the judge called a grave security breach, according to court records released on Thursday.
The classified documents -- FBI ( news - web sites) summaries of interviews -- then had to be retrieved during several days of searches of Moussaoui's jail cell in Alexandria, Virginia, where he is being held in solitary confinement awaiting trial.
The classified documents were given to Moussaoui, the only person charged in the United States for the hijacked plane attacks on the World Trade Center and the Pentagon ( news - web sites), by mistake over the past few months as part of the evidence turned over to him by federal government prosecutors.
Moussaoui, who is acting as his own lawyer, is not allowed to see classified documents. A Justice Department ( news - web sites) official said the government was "quite confident" that Moussaoui never read the documents, which were not stamped "classified."
U.S. District Judge Leonie Brinkema cited the gravity of the security breach in ordering the documents to be retrieved.
The judge said she reviewed two of the documents at issue. "We find that significant national security interests of the United States could be compromised if the defendant were to retain copies of this classified information," she said in her order.
As soon as the government learned of its mistake, it retrieved all of the documents and marked them classified, the Justice Department official said.
"We are quite confident that Moussaoui never saw any of the materials of concern," he said, but added that Attorney General John Ashcroft ( news - web sites) had asked the FBI to conduct a damage assessment.
The official said the assessment would cover how the mistake had happened and what steps must be taken to make sure it does not occur again.
At least two of the documents were released to Moussaoui in June. The searches of his cell took place in late August and early September, according to the court records.
"ARABIAN DISCOVERY CAVE"
Moussaoui filed a request with the judge to "Expulse (sic) the United States from the Arabian Discovery Cave," seeking an end to the searches by the United States Marshals Service and saying it disrupted his trial preparations.
Brinkema unsealed a series of letters and documents detailing the incident. Moussaoui's standby lawyers charged it had been sealed, at the government's request, to spare it embarrassment over its mistake, rather than protect national security.
Government prosecutors replied that the accusation was "cynical and misleading." They said that since Moussaoui was not cleared to see the material, the documents were "contraband" and they warned it was "illegal and dangerous" for him to possess them.
The 34-year-old Frenchman has been charged with six counts of conspiracy in the Sept. 11 attacks. Four of the charges carry the death penalty.
He has denied being a part of the hijackings, but admitted to being a member of al Qaeda. The United States blames Osama bin Laden ( news - web sites) and his al Qaeda network for the attacks that killed about 3,000 people.
