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9/11 families sue TSA lawyer

Lawsuit alleges attorney 'colluded' with airlines

From Phil Hirschkorn
CNN

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Transportation Security Administration
Acts of terror
Zacarias Moussaoui

ALEXANDRIA, Virginia (CNN) -- Attorneys for families suing airlines for negligence and wrongful death related to the 9/11 hijackings have sued the Transportation Security Administration lawyer who temporarily derailed the trial of Zacarias Moussaoui.

The families want all documents related to TSA attorney Carla Martin's communication with the airlines and all other documents related to Martin.

The judge in Moussaoui's trial found the TSA lawyer engaged in misconduct in violation of an order shielding scheduled witnesses from trial proceedings.

Martin "interfered with plaintiffs' right to fair trial," the families' suit alleges, by having "tampered with witnesses and evidence" in the Moussaoui case.

The lawsuit alleges Martin "colluded and/or conspired" with representatives of American and United airlines, defendants in a civil action brought by 90 September 11 families in New York. These families opted out of the government's $7 billion victim-compensation fund so they could sue the airlines.

Martin's attorney, Roscoe Howard, declined to comment on the new suit.

Spokesmen for the airlines have said there was nothing improper about any communications with Martin or the TSA.

United and American lost two planes each in the 9/11 attacks.

Martin e-mailed transcripts and commentary to seven government witnesses, four of whom were scheduled to appear for the defense.

U.S. District Judge Leonie Brinkema ruled last week that the 9/11 families suing in New York would be entitled to all unclassified aviation security documents produced in the Moussaoui case.

In addition to that evidence, the plaintiffs want to know the full extent of Martin's communication with the airlines.

The 9/11 families point to an e-mail exchange between Martin and TSA officials in which the lawyer refers to a pair of airline attorneys as "my friends."

Martin, 51, has been placed on paid administrative leave while the U.S. attorney in Philadelphia, Pennsylvania, investigates whether she broke any laws.

The families' attorneys served papers on Martin at her Washington-area home Wednesday.

The suit was filed March 31 in U.S. District Court for the District of Columbia by the South Carolina law firm of Motley Rice.

"Our clients feel very strongly that full and equal access to information is essential to the protection of our nation. Our clients are patriots first and litigants second. We will seek the truth at every opportunity on their behalf," Ron Motley said.

"We have nothing but praise for the government in their prosecution of Moussaoui, but we have deep concerns about what was going on behind the scenes with Carla Martin, and we look forward to airing these matters in a court of law."

Moussaoui, 37, admitted last year that he conspired with al Qaeda to hijack and crash planes into prominent U.S. buildings.

Until he testified last month, Moussaoui denied any advanced knowledge or involvement in the 9/11 plot. But he told the jury he was aware the World Trade Center was a target and he intended to pilot a fifth hijacked jetliner into the White House.

Last week, jurors agreed with prosecutors that Moussaoui's lies to FBI agents after his August 2001 arrest resulted in deaths on 9/11. The jurors must decide whether Moussaoui will be executed for his role in those deaths.

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