Ruling Favors Limited Access to 9/11 Data
By BENJAMIN WEISER


 federal judge, acknowledging national security concerns, ruled yesterday that the government should have a say in what is turned over to the families that have sued airlines, security firms, and others in the aftermath of the Sept. 11 terror attacks.

The judge, Alvin K. Hellerstein of Federal District Court in Manhattan, ordered a temporary halt to the progress of the lawsuits until the government and lawyers for the families come up with a way to screen information and satisfy the government's concerns that sensitive material is not disclosed.

In their suits, the families' lawyers have been seeking records involving airline security and other information that could expose the vulnerabilities or failures of the airlines, airports, and government agencies.

Government officials had cited "grave national security concerns" that information might be disclosed in the pretrial stages of the suits that could compromise security and public safety. They said that commercial air carriers and their contractors possessed information about anti-terrorist measures that would remain effective only if the measures were closely held, and disclosing them could "endanger the traveling public."

In court yesterday, Judge Hellerstein agreed, saying the government "has a very important voice" that should be heard in the case. "It's very clear to me that intervention is appropriate," he said.

He also advised plaintiffs' lawyers to begin obtaining government security clearances, which would allow them to see highly sensitive data. "They'll want access to information you won't be happy to give out," the judge told Daniel S. Alter, a lawyer for the government.
 
Mr. Alter, an assistant United States attorney in Manhattan who said he was representing the Transportation Security Administration, cautioned that there might be materials that were "so sensitive" that they "can't be released."

Security clearances for lawyers are unusual but not unprecedented in sensitive court matters. Such clearances were required, for example, for defense lawyers in last year's embassy bombings trial in New York.
 
After yesterday's hearing, one plaintiff's lawyer, John A. Greaves, said he was satisfied that the process ordered by the judge would not allow the government to make a unilateral decision on what information could be kept from plaintiffs.

"Our big concern was we don't want them to have carte blanche," Mr. Greaves said.

He added that decisions would be made on a case-by-case basis as to what could be disclosed. But even with a system in place, he said, he would not hesitate to go to the judge if he felt the government was being too restrictive.

Before the hearing, Ellen Mariani, whose husband, Louis, also known as Neil, was on the flight that
crashed into the south tower of the World Trade Center, said, "I want the truth."

She continued, "I don't feel that anybody should be sifting portions out of my court lawsuit. If they have nothing to hide, bring it out into the open."

But reached by phone at her New Hampshire home last night, she said she had left court with a much better feeling.

"I think he's going to be very fair," she said of the judge. "I watched him. I looked at his eyes. I came out with a much better feeling."

She added, "He laid down the rules, the ground rules, and I didn't think it was unfair at all."

The prospect that the parties might soon begin to exchange information before trial, a process known as discovery, prompted lawyers for families who have not yet decided whether to sue to ask that the pace be slowed somewhat.

The lawyers told the judge that in many cases their clients had not yet decided whether to sue or to take part in the federal Victim Compensation Fund, which was established as an alternative to litigation.

Through the fund, families may be eligible for payments of more than $1 million without the usual delays, costs, or challenges of proving a legal case. But people who sue could theoretically win higher damages, while facing the typical risk of long court battles, or winning nothing.

In a separate matter, Judge Hellerstein said that two plaintiffs who were suing under pseudonyms should use their actual names.

Their lawyer cited privacy reasons, saying the two had received constant calls from the news media.
But the judge said he viewed a lawsuit as a "public event."




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