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January 4, 2010
Fourth Circuit affirms convictions and sentence of Zacarias Moussaoui
Through a ruling that might provide a boost for the decision by the Obama Administration to try other 9/11 conspirators in federal court, today the Fourth Circuit has affirmed the convictions and sentence of Zacarias Moussaoui. The unanimous panel ruling in US v. Moussaoui, No.06-4494 (4th Cir. Jan 4, 2010) (available here), runs 77 pages and gets started this way:Zacarias Moussaoui pled guilty to six criminal conspiracy counts arising from the al Qaeda terrorist organization’s plot to use commercial aircraft to commit terrorist attacks in this country, including the attacks that occurred on September 11, 2001. In a subsequent sentencing proceeding, the jury declined to impose the death penalty and the district court sentenced Moussaoui to life imprisonment without the possibility of release on all six counts, with the sentence on the first count to be served consecutively to the sentences on the other counts. In this appeal, Moussaoui challenges the validity of his guilty plea and his sentences. He has also filed a motion to remand, based upon the Government’s disclosure of classified information during the pendency of this appeal. We affirm Moussaoui’s convictions and sentences in their entirety and deny his motion to remand.
January 4, 2010 at 04:18 PM | Permalink
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Comments
Doug --
Thank you for this welcome news. Congratulations to my friends and former colleagues in the Eastern District of Virginia for their tireless work in a taxing and unique case.
Posted by: Bill Otis | Jan 4, 2010 5:01:53 PM
sad but not suprising. afterall woudn't want to have to drag up all that torture in the navy brig in S.C where he was impisoned illegally all those years.
Posted by: rodsmith3510 | Jan 4, 2010 7:29:12 PM
Aren't you confusing Moussaoui with Padilla?
Posted by: s.cotus | Jan 4, 2010 10:57:55 PM
rodsmith3510 --
Do you really think the affirmance of his conviction is "sad"? Would you prefer that he be released?
Posted by: Bill Otis | Jan 4, 2010 11:13:26 PM
no i'm not confusing them. BOTH were imprisoned; tourtured and conviced in kangaroo courts. that's just sad!
as for what i wished. it's pretty simple. I wish they had been given a fair LEGAL trial under our constitution that they are entitled to.
Posted by: rodsmith3510 | Jan 5, 2010 4:50:00 PM
rodsmith3510 --
The trial was presided over by Dee Dee Brinkema, a dyed-in-the-wool liberal appointed by Clinton. The affirming appellate panel consisted of Traxler (a Clinton appointee), Gregory (first appointed by Clinton and then renewed and actually confrimed under Bush), and Shedd (Bush).
Gregory was the first black on the Fourth Circuit and a former law partner of Doug Wilder, the Democratic ex-Governor of Virginia. He is a doctrinaire liberal.
The notion that this bloodthirsty jihadist Moussaoui was put before a "kangaroo court" is preposterous. Name one country in the history of the world that has given or would have given an admitted (indeed proud) alien terrorist anything approaching the legal protections this country gave Moussaoui.
Posted by: Bill Otis | Jan 5, 2010 7:07:30 PM
hmm
let's see
"The trial highlighted a tension in the United States between the judiciary and national security. Moussaoui made requests for access to confidential documents and the right to call captive al-Qaeda members as witnesses, notably Binalshibh, Khalid Shaikh Mohammed, and Mustafa Ahmed al-Hawsawi. Both requests were claimed by prosecutors to be potential threats to national security. Brinkema denied the motion to access confidential documents, although Moussaoui was permitted to use several al-Qaeda prisoners as witnesses."
Let's see last time i looked you were not given a fair trial in this country if you cant' cross examine the witnesses or see the evidence used against you.
"Brinkema put the death penalty "off limits" on October 2, 2003, in reply to government defiance of her order to provide access to Moussaoui's witnesses. The Fourth Circuit Court of Appeals reversed the Brinkema ruling, holding that the U.S. government could use summaries of interviews/interrogations of these witnesses. On March 21, 2005, the United States Supreme Court, without comment, declined to hear Moussaoui's pre-trial appeal of the Fourth Circuit's decision, returning the case to Brinkema."
Found this part especialy eye opening since the supreme court ruled that even expert lab report CAN'T be used as evidence UNLESS THE TECH IS THERE TO BACK IT UP. Especialy illuminating is the U.S Supreme Courts refusal to back up that same decision in this case.
So yes i can say with a straight face. HE DIDNT' GET A FAIR TRIAL.
Posted by: rodsmith3510 | Jan 8, 2010 9:23:08 PM
