Opinion
Criminal No. 01-455-A
February 25, 2003
ORDER
In his motion docketed as #762, the pro se defendant requests an immediate connection to the discovery website hosted by the Federal Public Defender. The necessary connectivity lines, hardware and software are in the process of being installed so that Mr. Moussaoui can have access with the limitations indicated in our Order of January 24, 2003.
Although several months have passed since we initially granted Mr. Moussaoui's motions for access to the discovery website, he has received extensive amounts of discovery materials both in hard copy and on compact disk. In light of the indefinite postponement of the trial date, we do not find that the defendant has suffered any undue prejudice from the delay in being connected to the website. Accordingly, the motion is DENIED.
The Clerk is directed to forward copies of this Order to the defendant, pro se; counsel for the United States; standby defense counsel; and the United States Marshal.
ORDER
Between January 22 and February 11, 2003, the pro se defendant filed several pleadings docketed as #s 723, 727, 729, 733, 737, 748 and 751, which were initially filed under seal pursuant to our Order of September 27, 2002. The United States has since advised the Court of its positions regarding the propriety of unsealing or redacting these pleadings.
We agree with the United States that pleadings docketed as #s 723, 727, 729 and 733 must remain sealed because they concern matters currently under seal. We also find that most, but not all, of the proposed redactions to pleadings docketed as #s 737, 748 and 751 strike the proper balance between the public's right to access records in criminal cases and the United States' legitimate concerns about the defendant's ability to use his pleadings inappropriately to communicate with the outside world. Accordingly, it is hereby
ORDERED that the defendant's pro se pleadings docketed as #s 723, 727, 729 and 733 remain under seal in their entirety; and pleadings docketed as #s 737, 748 and 751 be and are unsealed with the indicated redactions.
The Clerk is directed to forward copies of this Order to the defendant, pro se; counsel for the United States; and standby defense counsel.
ORDER
In his motion docketed as #472, Mr. Moussaoui requests copies of emails of the "19 hijackers" pursuant to Brady v. Maryland, 373 U.S. 83 (1963). In response, the United States contends that the emails have been produced to the defendant both in hard copy and in electronic format. Accordingly, the motion is DENIED.
The Clerk is directed to forward copies of this Order to the defendant, pro se; counsel for the United States; and standby defense counsel.