NEWS

Feds: Don't reveal secrets in terrorism trial

Kimball Perry
kperry@enquirer.com

The U.S. government wants the federal judge presiding over the terrorist charges against Christopher Cornell to ensure no national secrets are revealed at his trial.

"Due to the nature of the charges and expected evidence, the United States anticipates that issues relating to classified information will arise in connection with this case," Assistant U.S. Attorney Timothy Mangan wrote in a Monday motion.

Because Cornell is an accused terrorist and possibly communicated with others like him overseas, the government wants to prosecute Cornell without revealing how it discovered his alleged plot to plant pipe bombs at the U.S. Capitol and then shoot and kill government workers.

Much of what the FBI learned about Cornell's activities came from a human informant who got to know Cornell using Twitter. Other information, though, noted that Cornell spoke of being in contact with others overseas. But Cornell, who has pleaded not guilty, told the informant he wanted to carry out his alleged terrorist plot despite that.

How the government monitored Cornell, his actions and his penchant for violent jihad activities could be important to Cornell and his attorney in trying to get him a fair trial.

"I think it's going to be a big deal before the trial," attorney Kevin Tierney said. He's a former assistant federal prosecutor now with Cincinnati's Frost Brown Todd law firm.

That's because attorneys in the case, especially Cornell's defense attorney, need to know what information will be allowed so they can evaluate how they will prepare their cases for trial. Cornell's attorney didn't respond to a Tuesday request to comment for this story.

"It adds a layer of complexity that's not typical in criminal cases," Tierney said. "There's interesting issues in terms of what documents are out there."

A big issue for using that act, Tierney said, may be Cornell's statements that he'd been told by others overseas not to act but told the informant he chose to do it any way.

"That's an inconsistency a defense attorney will want to look at," Tierney said. "It may help show his mental state" at the time.

Mangan cited the Classified Information Procedures Act in seeking to exclude some government information during the public trial "to protect the government's national security interests." It can be used in a variety of ways ranging from preventing large blocks of information from being introduced at trial to redacting a name, phone number or other information from a document.

The judge presiding over the case will make decisions on that information. It can be reviewed in private by the judge who also can determine that specific information can be withheld from Cornell and his attorney.

Cornell, 20, of Green Township, was arrested Jan. 14 in the parking lot of a Colerain Township gun store after buying two rifles and 600 rounds of ammunition. The FBI also said Cornell wanted to soon leave for Washington, D.C., to carry out his alleged plans.

He is charged with using a firearm for attempted murder of government employees and solicitation to commit a crime of violence, charges that carry a maximum sentence of life in prison.

Cornell's trial is scheduled to start March 2.