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Reporters face unusual limits at Padilla terror trial

Security officers might prevent reporters from asking questions of defense lawyers or federal prosecutors under certain circumstances.



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By Warren Richey, Staff writer of The Christian Science Monitor / May 14, 2007

Sometimes working as a news reporter covering a major terrorism trial comes with a few surprises.

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Security is extraordinarily tight at the trial of alleged Al Qaeda operative Jose Padilla and two codefendants. This is no surprise. US marshals have flown here to Miami from across the country to help ensure that the trial is conducted without threat or incident.

But court security officers are enforcing an unusual rule for the trial, which is set to get under way with opening statements Monday. They are prepared to prevent members of the media from asking questions of defense lawyers or federal prosecutors at the trial.

In effect, newspaper, radio, and television reporters are being granted observer status – they may sit quietly, watch the trial, and take notes. But if during a court recess they approach a defense lawyer or prosecutor in the courtroom with a question, they risk being whisked away by security officials.

The ban on media questions also extends to the lobby outside US District Judge Marcia Cooke's courtroom and chambers.

If reporters need to ask questions for clarification or routine housekeeping matters during the trial, they must ask their questions somewhere else.

I learned about this rule the hard way. During a recent five-minute recess during jury selection, I approached one of the prosecutors and asked who at the US Attorney's Office was handling questions from the press.

He gave me the name of a spokesperson and a telephone number. When I lifted my notebook to jot these down, a court security officer confronted me. He accused me of conducting an interview and asked me to step out of the courtroom.

I told him that I'd merely asked a question, but added that I'd never heard of a rule barring news reporters from asking questions, or even from conducting brief interviews in a courtroom at a public trial at a time when both the judge and jury were not in the courtroom.

Having covered scores of hearings and trials in the federal courts as a journalist, I am well acquainted with courtroom etiquette. But I have never heard of courtroom officials barring reporters from asking routine questions.

Neither has Associated Press correspondent Curt Anderson, who has covered the Padilla case closer than any other reporter. "I don't know of such a rule," he said in an e-mail. "I haven't had any problem talking with the various lawyers anywhere in the courthouse or outside, even in the courtroom itself during breaks."

Jay Weaver of the Miami Herald also says he is unaware of such a rule against journalist questions. "I would like to know what the ground rules are. It is going to come up," he says.

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