UNITED STATES of America, Plaintiff-Appellant,
v.
Zacarias MOUSSAOUI, Defendant-Appellee.
ABC, Incorporated; Associated Press; Cable News Network, LP, LLLP; CBS Broadcasting, Incorporated; The Hearst Corporation; National Broadcasting Company, Incorporated; The New York Times Company; The Reporters Committee for Freedom of the Press; The Star Tribune Company; Tribune Company; The Washington Post, Intervenors.
In Re: United States of America, Petitioner.
ABC, Incorporated; Associated Press; Cable News Network, LP, LLLP; CBS Broadcasting, Incorporated; The Hearst Corporation; National Broadcasting Company, Incorporated; The New York Times Company; The Reporters Committee for Freedom of the Press; The Star Tribune Company; Tribune Company; The Washington Post, Intervenors.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: June 3, 2003.
Decided: June 26, 2003.
Attorney(s) appearing for the Case
ARGUED: Michael Chertoff, Assistant Attorney General, Criminal Division, United States Department of Justice, Washington, D.C., for Appellant. Frank Willard Dunham, Jr., Federal Public Defender, Alexandria, Virginia, Edward B. MacMahon, Jr., Middleburg, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Robert A. Spencer, Assistant United States Attorney, Kenneth M. Karas, Assistant United States Attorney, David J. Novak, Assistant United States Attorney, Office of The United States Attorney, Alexandria, Virginia, for Appellant. Gerald T. Zerkin, Senior Assistant Federal Public Defender, Kenneth P. Troccoli, Assistant Federal Public Defender, Anne M. Chapman, Assistant Federal Public Defender, Alexandria, Virginia; Alan Yamamoto, Alexandria, Virginia, for Appellee.
Before WILKINS, Chief Judge, and WILLIAMS and GREGORY, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Dismissed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge WILLIAMS and Judge GREGORY joined.
WILKINS, Chief Judge:
This appeal is one of extraordinary importance, presenting a direct conflict between a criminal defendant's right "to have compulsory process for obtaining witnesses in his favor," U.S. Const. amend VI, and the Government's essential duty to preserve the security of this nation...
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