Judge rules against U.S.: Says can't seek death penalty against Zacarias Moussaoui

MSNBC

[jern]

Judge rules against U.S.: Says can't seek death penalty against Zacarias Moussaoui

[Spruce]

He's needed as a recruiter/teacher in prison.

[Semper Paratus]

The Administration made a big mistake in bringing this clymer into Federal Court.

[Brian S]

Federal judge rules government may not seek death sentence in Moussaoui case

LARRY MARGASAK, Associated Press Writer Thursday, October 2, 2003

---

(10-02) 10:48 PDT ALEXANDRIA, Va. (AP) --

A federal judge on Thursday barred the government from seeking the death penalty for terrorism suspect Zacarias Moussaoui, inflicting a major defeat on the government for refusing to let the defendant question three al-Qaida prisoners.

U.S. District Judge Leonie Brinkema rejected a more severe option to dismiss all charges. The government had acknowledged dismissal would be appropriate, so there could be a quick appeal of her earlier ruling grantings Moussaoui access to the prisoners.

She said the government's notice of intent to seek a sentence of death must be stricken and prosecutors cannot present any evidence or argument that the defendant was involved in, or had knowledge of, planning the Sept. 11 attacks.

Brinkema postponed the effect of her ruling so the government could appeal.

The government had been anticipating a dismissal, telling Brinkema that throwing out the charges would be the quickest route to intervention by an appellate court. Moussaoui and his court-appointed defense team had asked for dismissal.

Brinkema was responding to government defiance of her rulings in January and August, which granted Moussaoui access to the prisoners through a satellite connection.

Brinkema concluded that Moussaoui's constitutional right to potentially favorable witnesses took precedence over the government's need to protect classified information that could be revealed in testimony by the captives.

Prosecutors had argued that national security would be gravely harmed if any details were revealed about the sensitive interrogations of the prisoners, who are held in undisclosed locations outside the United States.

The Bush administration could decide to move Moussaoui's case to a military tribunal, where national security would likely trump a defendant's access to witnesses. However, that decision would likely be made only after the 4th U.S. Circuit Court of Appeals, in Richmond, Va. ruled on the witness-access issue. The side that loses in the appellate court could ask the Supreme Court to intervene.

Two of the prisoners were among Osama bin Laden's top operatives, Sept. 11 mastermind Khalid Shaikh Mohammed and a key planner of the attacks, Ramzi Binalshibh. The third is Mustafa Ahmed al-Hawsawi, a suspected paymaster for al-Qaida.

Prosecutors argued that interrupting their interrogations would be a sensitive matter for the United States, because intelligence officials are learning valuable information about al-Qaida's operations.

Mohammed, for instance, told U.S. officials the Sept. 11 plot was five years in the making and that a wave of suicide attacks was supposed to follow, The Associated Press reported after reviewing interrogation reports.

[TheBattman]

Exactly what authority/law/etc. was this judgement made?

[Dog]

Flesh this out........what Judge ......Brickama?

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[Dog]

A federal judge on Thursday barred the government from seeking the death penalty for terrorism suspect Zacarias Moussaoui, inflicting a major defeat on the government for refusing to let the defendant question three al-Qaida prisoners.

U.S. District Judge Leonie Brinkema rejected a more severe option to dismiss all charges. The government had acknowledged dismissal would be appropriate, so there could be a quick appeal of her earlier ruling grantings Moussaoui access to the prisoners.

She said the government's notice of intent to seek a sentence of death must be stricken and prosecutors cannot present any evidence or argument that the defendant was involved in, or had knowledge of, planning the Sept. 11 attacks.

She can't do this....

[pubmom]

Another Clinton nominee strikes again.

[Beck_isright]

That will be overturned quickly.

[theDentist]

Throw him in the general population... in New York City...

[jpl]

You can say that again.

[Congressman Billybob]

The US should get this case OUT of the US District Court and into the "military tribunal" area, where it should have been from the beginning. This judge is doing all that she can to damage the US government. She should have thrown out all the charges. Instead, she took the death penalty off the table but KEPT jurisdiction.

It is time to cut the cord. And never mind the "double jeopardy" argument if these charges are dismissed and a military tribunal trial then follows. The Supreme Court has already ruled unanimously (Quirin, 1942) that the Bill of Rights does NOT apply to such military trials.

Congressman Billybob

Latest column, "Democrats Dancing to Tunes of Glory?," discussion thread on FR. Article also on ChronWatch.

[Calpernia]

ping

[irish guard]

No death sentence, No Problem

Just sentence him to a "work release" job across the street from Moody's...you know the Church street area in lower Manhattan. Make him stand on the corner and beg for money. Put a large sandwich board sign on him saying I was supposed to be on one of the airplanes, but got arrested. The fine people of New York will take care of the rest.

[mattdono]

prosecutors cannot present any evidence or argument that the defendant was involved in, or had knowledge of, planning the Sept. 11 attacks.

That's just great. The government, then, has literally no case.

I say: let him go. One of the best things possible would be for him to go to a "nest" somewhere. Hopefully that nest would be in Western Pakistan with a tall, skinny A-rab. A nice strike team could pay them a visit and bring justice to them.

Or, maybe when he is released there could be a little "courthouse step" justice.

[pepsionice]

I agree. Announce his release in the midst of downtown Manhatten. Give all Police a one-hour standdown....coffee break...etc. Let the public know the time and location of the release, and then let the poor slob go. New Yorkers will take care of this situation. We don't need to exercise any funny legal tactics or ask Johnny what his constitutional rights are. Let New York take care of our business.

[shamusotoole]

"Nominated by President Bill Clinton.
Entered duty 10/23/93."

From her Bio. Note second line. Made her big moves during Carter and Clinton Administrations, though.

[BushisTheMan]

Thanks....I was beginning to think this without asking. She another Clinton loser judge! God, with all Hillary's money from the Muslims, no wonder. She (fill in either judge or Hillary here) needs to be investigated.

[Almondjoy]

Certainly she can.. The gov't is refusing access to EVIDENCE that he was not invovled in the Sept 11th attacks.. so therefore she can refuse evidence that says he was. It's simply saying that in the US court of law the proscution cannot present it's case if the defense is not allowed to present their's. Justice.. well in the court of law... I guess we'll just have to wait for God to exact his justice.