9/11 FAMILIES REQUEST GOV'T DOCUMENTS, GOV'T SAYS NO: IS IT REALLY ABOUT SECRECY? . . . In the Zacarias Moussaoui case earlier this month, U.S. District Judge Leonie Brinkema ruled that famlies suing over 9/11 in a civil case should be granted access to the government's case files against Moussaoui. Before she ruled, Brinkema said, ""It is amazing what some agencies think is secret. As a culture, we need to be careful not to be so wrapped up in secrecy that we lose track of our core values and laws."

Now prosecutors are asking Brinkema to rescind her order, which the government says would give the civil plaintiffs access to "'highly sensitive' law enforcement documents and could compromise the continuing investigation into the September 11, 2001, terrorist attacks," according to an article at CNN.com. ("U.S. seeks to keep evidence from 9/11 families," by Phil Hirschkorn.)

The 9/11 families are represented by Ron Motley, the asbestos and tobacco lawyer. Motley told CNN, "We have not asked the government to give the 9/11 victims one single thing they didn't provide to Moussaoui's lawyers."

Though both sides are debating secrecy, the government's main concern is probably something else. More likely, it's a desire to obstruct Motley's lawsuit. At last count, Motley was suing 105 defendants for allegedly financing Al-Qaeda, including large Middle Eastern banks and wealthy Saudi individuals and corporations. As Overlawyered once noted, "The U.S. government has been highly critical of the freelance use of private litigation to second-guess the state of U.S.-Saudi relations."

Meanwhile, Motley's own stash of secrets might very well equal the government's. Working on the case, Motley and his staff have amassed "the world’s largest free-standing database of intelligence on Islamic terrorism." See UK Times, "Breaking the Al-Qaeda Code." Motley did it large with his own money, spending more than $18 million to purchase intelligence information from around the world. It may not be long before the government is seeking access to Motley's files, not the other way around.

Related posts: 

1. "Ron Motley's 9/11 Class Action: Following the Money Trail"

2. The Legal Underground Podcast Episode #39 (An inside look at the 1999 law drama "The Insider," with a focus on plaintiffs' lawyers Ron Motley and Dickie Scruggs).