Sunday, May 13, 2007

Off On The Wrong Foot

Warren Richey's got a quiet piece in the Christian Science Monitor about the unusual press restrictions being imposed for the trial of Jose Padilla, which is set to open tomorrow:

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.

Judge Marcia Cooke's staff explained that it's a precaution against unintentionally tainting the jury with an overheard remark. Which seems like a valid enough concern to ensure that the rule falls far short of the "unreasonable restriction" litmus test needed to claim it hampers press freedom. What's odd, then, is that instead of actually issuing the rule, Judge Cooke is simply allowing the courtroom security officer to enforce an "unwritten rule" to that effect.

As Richey says, it's difficult for the press to fulfill its watchdog function in a case where so much of the evidence is classified and so much of the pre-trial litigation was off-limits to reporters. Throwing some "unwritten rules" into the equation wouldn't seem to help.

Posted by Judah in:  Global War On Terror   Human Rights   

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