Frustrated by the government's approach to protecting sensitive security information, a federal judge has crafted a compromise so depositions can proceed in earnest in the litigation against airlines and airports over the Sept. 11, 2001, terror attacks.
Southern District of New York Judge Alvin K. Hellerstein said he had to intervene "to avoid further and unnecessary delay in the progress of these cases and relieve counsel of the inherent conflicts and artificial roles" that the position of the Transportation Security Administration has created for plaintiffs lawyers.
The judge's ruling in In Re September 11 Litigation, 21 MC 97 and 21 MC 101, concerned the refusal of the Transportation Security Administration to attend depositions of the airline defendants in the litigation -- and require that defense lawyers be charged with safeguarding the security information.
The TSA intervened in the cases, which involve family members of Sept. 11 victims who opted to proceed to court instead of applying to the federal Sept. 11 Victim Compensation Fund.
The transportation administration intervened to protect what is called Sensitive Security Information -- information about security plans and procedures of the airports and airline industry.
Instead of attending the depositions, Hellerstein said, the TSA "seeks to impose on defendants' counsel the obligation to object and prevent answers that might disclose SSI," which the judge called a "strange and significant phenomena."
|