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UNITED STATES OF AMERICA v. ZACARIAS MOUSSAOUI a/k/a "Shaqil," a/k/a "Abu Khalid al Sahrawi," Defendant

ORDER

LEONIE M. BRINKEMA, District Judge

The defendant, pro se, has filed a Motion to Prevent the Federal Defender and the Federal Prosecutor to [sic] Conduct Their Dirty Business in Private (Docket #467), in which he objects to the Court's August 29, 2002 Order directing counsel for the United States to consult with standby defense counsel in drafting a revised protective order governing the treatment of "particularly sensitive discovery materials" as an "intrusion" into his pro se defense. Instead, the defendant requests an order directing counsel for the United States to consult directly with him in drafting the revised protective order.

Because the protective order at issue concerns potential disclosures to individuals and entities to whom the defendant does not have direct access, see Special Administrative Measures 1, 2, 4 and 5; and having found that the defendant's pro se status is not undermined by standby counsel's participation in pretrial matters, see McKaskle v. Wiggins, 465 U.S. 168, 176-84 (1984), we directed counsel for the United States to consult with standby defense counsel in drafting a revised protective order. However, to ensure that the defendant's concerns are also considered by the United States as it drafts the revised protective order, the defendant's motion is GRANTED; and it is hereby

ORDERED that counsel for the United States consult with the defendant as well as standby defense counsel in drafting the revised protective order.

The defendant also objects to our decision to file his pleadings under seal when they contain irrelevant and inappropriate language, and argues that the instant motion be publicly filed claiming that it does not contain any "inflammatory" language.

Although the first two pages of this motion contain appropriate requests for judicial relief, the last page contains significant irrelevant and inappropriate rhetoric, which we will not expend time or resources redacting. Therefore, the defendant's request that we reconsider or vacate our Order directing that any future pleadings containing such language be filed under seal is DENIED.

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U.S. v. MOUSSAOUI, (E.D.Va. 2002)
(Sep 4, 2002)