Jewish World Review Oct. 7, 2003 / 11 Tishrei, 5764

Dan Abrams

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Why a recent ruling in the case of Zacarias Moussaoui, the so-called 20th hijacker is no cause for concern


http://www.NewsAndOpinion.com | At first blush it sounded ominous: A federal judge this week ruling that the government cannot seek the death penalty and can't even argue Zacarias Moussaoui was involved in planning or executing the September 11 attacks. But it's the right legal decision.

Apparently, a number of captured leaders have said he wasn't involved. No one is confirming he was supposed to be the 20th hijacker.

It's clear evidence he's a member of al Qaeda. His actions mirrored those of some of the hijackers. When it comes to 9/11 specifically, there just isn't proof he was involved. And the government won't give him access to any of the captured 9-11 planners like Abu Zubaydah, Khalid Shaikh Mohammed, or Ramzi Binalshibh to try to prove he wasn't involved, even though a judge instructed them to do so.

I think the government is doing the right thing by saying we can't abide by that ruling. Allowing him access to his comrades could interrupt the mind games these terrorists are certainly enduring. I don't want that. But that doesn't address Moussaoui's role or lack of it in 9-11. The judge referred to Moussaoui as a remote or minor participant in al Qaeda's war against the United States. I hope the government recognized that maybe they overcharged him.

I hope that they don't try and appeal and they just move forward from here.

There's nothing to worry about. They should have no problem securing a conspiracy conviction, possibly a life sentence. And if they do turn up evidence that he was specifically involved in 9/11, I am certain that they will drag him to a military tribunal where he could face death again.

Zacarias Moussaoui is an evil, dangerous man, hell bent on destroying our country. I have no problem seeing him die. But as long as he stays in a civilian courtroom, the rules apply and based on the evidence and what access they can and can't give him, the death penalty should be off the table for now. I say that not for Moussaoui's benefit, but on behalf of everyone else. I don't want to change the rules for him.

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JWR contributor Dan Abrams anchors “The Abrams Report,” Monday through Friday from 9-10 p.m. ET on MSNBC TV. He also covers legal stories for “NBC Nightly News with Tom Brokaw,” “Today” and “Dateline NBC.” To visit his website, click here. Comment by clicking here.

Up

10/02/03: Children, guns and political fear
10/01/03: Why you should hold off on thanking politicians for passing and signing the national do-not-call list
09/30/03: A star Ohio State running back is suing to become eligible for the NFL draft
09/25/03: The effort by some law schools to keep military recruiters off their campuses
09/23/03: What a hurricane can teach us about dealing with terrorism
09/22/03: Why I'm tired of criminal defense attorneys in particular in high profile cases complaining about media leaks
09/18/03: How budget cuts nationwide are starving many of the state courts and allowing some criminals to go free
09/17/03: Charging wounded soldiers for food!?
09/16/03: al Qaeda has finally found a media home
09/15/03: Journalists who exposed security threat, now being punished?
08/14/03: The California ‘student council blue light special’ election
08/13/03: Why the Transportation Security Administration needs to start getting it's priorities straight
08/12/03: Let local U.S. attorneys do their jobs
08/07/03: Why it’s time to release the documents surrounding Kobe Bryant’s arrest
08/06/03: Terror warnings do serve a purpose
08/03/03: How even the most pro-Saudi polls still make many of the Saudi people seem like enemies of America
08/01/03: Why is the outgoing president of one of the most influential legal organizations advising attorneys not to represent certain clients?
07/31/03: Class action lawyers get huge fees while their clients get squat
07/30/03: Why it makes no sense to keep the public and the victims in the dark about a key section of the 9/11 report from Congress
03/27/03: Homeland Security update
03/20/03: Did I misunderstand the French?
03/18/03: No longer shielded from reality
03/17/03: Franco-phobic nonsense sweeping the nation
03/14/03: An exception to my "be extra tough on terrorists" rule
03/13/03: Whiner Assad still doesn't get it
03/11/03: What a new deadline for Iraq should really mean
03/10/03: The dishonest arguments against war with Iraq
03/07/03: On Iraq, the administration seems undeterred. It seems, there is no other way out
03/05/03: The so-called human shields in Iraq, now coming back from Fantasyland
03/04/03: Michigan backing off of mandatory minimum sentences for certain drug crimes
03/03/03: Why military tribunals could be the best optione of defining them as military
02/28/03: Is prez signaling a return to the American Bar Association ratings for prospective judicial candidates?
02/26/03: And now the "don't-blame-me" attitude is extending to mass deaths
02/10/03: Avoid politicizing the shuttle disaster
01/29/03: A litany of violations? That Saddam has not disarmed is already a given
01/23/03: Why the feds should not give up on the prosecution of alleged 20th hijacker in a federal court
01/22/03: What was Powell thinking?
01/21/03: Human rights groups still don't get it when it comes to the new war on terror
01/16/03: Yet another reason why we shouldn't trust the Saudis
01/13/03: Why the administration should share intelligence with U.N. inspectors
01/10/03: From a special punishment to a garden variety one
01/08/03: Should victims of a terror attack sue the city?
01/06/03: The "Jackpot Jury" syndrome continues
12/30/02: It's the holidays, let me order my wine!
12/20/02: The judge who dropped the ball in the battle over who owns Barry Bonds' 73rd home run ball, valued at nearly $2 million
12/19/02: Requiring Pakistani and Saudi male visitors to register with the INS
12/18/02: Why many seem to misunderstand Iraq's international obligations
12/17/02: Shouldn't there be a standard for what would trigger a war with Iraq?
12/13/02: Judge Rose by what he did on the field
12/12/02: Manhattan prosecutors making a mistake in the Central Park jogger case
12/11/02: Why our government refuses to fully cooperate in the prosecution of a possible 9/11 conspirator
12/10/02: Hezbollah, not a terrorist organization, says Canada
12/09/02: The world's cynical view of America
12/04/02: Why we need to stop electing judges
11/27/02: Why men should be able to sue women who lie about who's the daddy
11/26/02: Training lawyers to be touchy-feely
11/25/02: The story of a real American hero
11/22/02: In Illinois, academics lawyers, judges hurting their pro-life cause
11/15/02: A close reading of Iraq's letter of acceptance makes it clear that Saddam will almost certainly refuse to live up to its terms
11/14/02: Al Jazeera: A state-sponsored mouth-piece
11/13/02: Should Moussaoui be sent to a military tribunal?
11/12/02: Should human rights activists complain about the detainees' treatment?

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