Having read the beginning of the LA times article reporting on a ten year old Bin Laden video being played for the jury the Times goes on to report:
(Judge) Cooke told the jury before and after the interview was played that the defendants weren't on trial for any involvement in the Sept. 11 hijackings that killed nearly 3,000 at the World Trade Center, the Pentagon and in a fiery crash in Pennsylvania. The clip was shown only to help them determine the "state of mind" of Jayyousi and Hassoun, Padilla's alleged recruiters, at the time they were alleged to be running a North American terrorist support cell. She added that the Bin Laden interview shouldn't be considered in judging Padilla because there was no evidence he ever saw, heard or discussed it.
Is this a bad film script or what, "The jury shall disregard that last statement" how many times have we seen that one play out in the movies?
Unsurprisingly then that:
Defense attorneys argued against playing the CNN video, calling the images of the world's most wanted man inflammatory, prejudicial and irrelevant because the defendants weren't charged with threatening U.S. citizens or territory. Despite Cooke's caution to the jury that the trial doesn't involve Sept. 11, veteran trial consultant Philip K. Anthony said the video likely had a profound effect on the jury.
No kidding.
LA Times.
I forgot to post this screen capture that I took, just a little example of "Fair and Balanced" water carrying from Fox.
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