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Search results for Moussaoui: 67 matches
2006-12-01 SHOULD EVIDENCE IN THE MOUSSAOUI CASE BE TURNED OVER TO 9/11 FAMILIES?
The Justice Department argued before the 4th U.S. Circuit Court of Appeals that U.S. District Judge Leonie Brinkema had no power to order the government to turn over evidence used during the prosecution of Zacarious Moussaoui to families of 9/11 victims for use in civil litigation.
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2006-06-20 FEDERAL DEFENDERS MOVE TO UNSEAL MORE MOUSSAUOI CASE FILES.
An Assistant Federal Public Defender asked the Eastern District of Virginia to unseal more documents in the Moussaoui death penalty case yesterday. The documents include a request by the government to keep some of Moussaoui's mitigating evidence out of trial and the rebuttal of Moussaoui's attorneys. "[T]he reason for the sealing the above-referenced filings . . . is no longer necessary because the trial and sentencing in this matter are concluded," the defender wrote in her motion to unseal.
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2006-05-12 MOUSSAOUI'S LIFE SPARED BY ONE VOTE.
The foreman of the jury deciding the fate of 9/11-plotter Zacarias Moussauoi told The Washington Post that a lone juror's vote stood between Moussauoi's life-imprisonment and death. The panel's vote on three terrorism charges was 11 to 1, 10 to 2, and 10 to 2 in favor of the death penalty - had any one of them resulted in a unanimous vote, Moussauoi would have been killed. The Post interviewed the foreman, a Northern Virginia math teacher, on condition of anonymity because the trial judge had ordered the jurors' identities be kept secret. The deliberations were frustrating, the foreman reported, because the anonymous dissenter refused to raise contrary opinions during discussion. "I felt that many of us had been cheated by the anonymity of the 'no' voter. We will never know their reason. We will never be able to hold their reason up to the light and the scrutiny of evidence, fact and law," she told the Post.
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2006-05-09 MOUSSAUOI SENTENCING TRIAL MATERIALS UNSEALED.
U.S. District Judge Leonie M. Brinkema ordered unsealed May 2 "the transcripts of all previously sealed hearings and bench conferences not dealing with classified materials" in the trial to determine whether Zacarias Moussaoui should die or spend the rest of his life behind bars. Brinkema's order leaves secret the government's request to keep sealed approximately three pages of an April 13 hearing transcript and those three transcript pages. The federal court jury decided May 3 that Moussauoi should not be executed.
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2006-05-09 MOUSSAOUI DID NOT KILL ANYONE ON 9/11, JUROR SAYS.
A juror who asked to remain anonymous to avoid harassment told The Washington Post last week that some jurors decided 9/11 conspirator Zacarias Moussaoui should not be executed because he did not kill anyone that day. Even though Moussauoi was a "despicable character," the juror said, "he wasn't necessarily part of the 9/11 operation." Moussauoi's gleeful testimony that he planned to attack the White House with "shoe bomber" Richard Reid helped convince the juror he was embellishing his role. "The moment he said the name Richard Reid I thought he was lying," the juror told the Post. "It seemed like Moussauoi's role in 9/11 was increasing over time." Presiding Judge Leonie M. Brinkema ordered anonymity for the jurors, but told them they could discuss their deliberations if they wished.
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2006-04-10 PILOTS AND VICTIMS\' FAMILIES WANT FLIGHT 93 TAPE KEPT CONFIDENTIAL.
The Allied Pilots Association (APA), Air Line Pilots Association, and families of the victims who died on United Airlines Flight 93 asked U.S. District Court Judge Leonie Brinkema Friday not to share the cockpit recording with the public when it is played for the jury at Zacarias Moussaoui's death penalty trial. "Playing the recording in closed session would clearly fulfill the requirement for a full and fair trial," argued APA President Captial Ralph Hunter. The families and crewmembers "have already suffered tremendously and public release of the tape would only sensationalize and serve no legitimate purpose."
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2006-04-08 MOUSSAOUI JUDGE CONSIDERS RELEASING FLIGHT 93 TAPE.
Rejecting prosecutors' request to keep secret the Sept. 11 recording from United Airlines Flight 93 and a transcript of it, U.S. District Judge Leonie Brinkema said that she will release the material to the public the day after it is admitted into evidence if no family members object, The Associated Press reports. In her order, Brinkema noted the U.S. Court of Appeals in Richmond's recent order that particular trial evidence be made public, but added she was "mindful that family members of the flight crew or passengers on Flight 93 may object to the voices of their loved ones being publicly revealed in this manner."
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2006-03-28 SECRET DETENTION EVIDENCE DISCLOSED IN MOUSSAOUI TRIAL.
Defense attorneys in the trial to determine whether Zacarias Moussaoui will be killed or spend the rest of his life in jail introduced testimony yesterday from Sept. 11-plotter Khalid Sheik Mohammed, who is held in an undisclosed location within the United States' secret and controversial detention system, The Washington Post reported today.
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2006-02-07 MOUSSAOUI JURY SELECTION PARTIALLY CLOSED.
U.S. District Judge Leonie M. Brinkema closed the public and most of the press out of the first phase of jury selection in Moussaoui's death penalty trial yesterday, letting only a few pool reporters attend and then describe the proceedings to the other media, The Washington Post reported.
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2006-02-03 MOUSSAOUI JURY SEALED.
A federal judge ordered yesterday that the names of jurors in the death-penalty sentencing hearing of Zacarias Moussaoui will not be released to the public because of "the intense media and public interest in this case," The Washington Post reports. The jury will be deciding whether Moussaoui will be executed. Last year, Moussaoui pleaded guilty for conspiring with al Qaeda in the Sept. 11, 2001 attacks.
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2005-05-02 JUDGE SUPPRESSES REPORT, DOESN\'T SAY WHY.
U.S. District Judge Leonie Brinkema, presiding over the Zacarias Moussaoui prosecution, has granted - without explanation - his defense's motion to suppress a Justice Department inspector general's report on the FBI's handling of intelligence prior to the Sept. 11 terrorist attacks, The Washington Post reported. Moussaoui has pleaded guilty to conspiring in the Sept. 11 attacks, but plans to fight the death penalty. Justice Department Inspector General Glenn. A. Fine had wanted to publicize the unclassified version of the report.
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2005-03-30 PERPLEXING WATCH LIST DESIGNATION HINDERS PILOT\'S LIFE.
Even though Juan Carlos Merida has already been licensed to fly small planes by the Federal Aviation Administration, he cannot learn to fly jets because he has since been inexplicably added to government terrorism watch lists, The New York Times reported. Merida believes that he was added to the lists after voluntarily divulging a cursory flight school encounter with Zacarias Moussaoui. He has actively sought to clear his name, most notably by filing a lawsuit against then Attorney General John Ashcroft last year, but the lawsuit was dismissed due to Ashcroft's immunity as a government official. "I want them to investigate me," he told the Times , and "let me get on with my life."
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2005-03-21 SUPREME COURT WON\'T HEAR MOUSSAOUI CASE.
The Supreme Court said Monday it won't hear an appeal by terror suspect Zacarias Moussaoui, letting stand a lower court ruling that both permits the government to seek the death penalty and limits Moussaoui's direct access to three al Qaeda terror captives, The Associated Press reports. The case will now shift back to U.S. District Court, where a trial date for Moussaoui - a French citizen who is the only person charged in an al Qaeda conspiracy that includes the Sept. 11 attacks - could be set for September.
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2005-02-14 MOUSSAOUI\'S LAWYERS FIGHT GOVERNMENT\'S PLANNED RELEASE OF 9/11 REPORT.
A federal judge presiding over Zacarias Moussaoui's trial in Alexandria, Va., will decide his lawyers' motion to keep a Justice Department inspector general's report classified, The Washington Post reported yesterday. The report discusses the FBI's investigatory failures leading up to September 11, 2001's terrorist attacks. Moussaoui figures prominently in the report, as he was arrested more than three weeks before the attacks; his lawyers claim the report's release would mar his chance for a fair trial.
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2005-01-11 MOUSSAOUI SEEKS SUPREME COURT RULING IN TRIAL.
Attorneys for accused 9/11 conspirator Zaccarias Moussaoui filed a classified brief to the U.S. Supreme Court yesterday, asking it to prevent the government from seeking the death penalty and to let him interview key Al Qaeda witnesses, The Washington Post reports. A source familiar with the brief "described its contents" to the paper and provided a declassified page summarizing the defense's arguments.
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2004-09-14 FOURTH CIRCUIT\'S MOUSSAOUI OPINION HEAVILY REDACTED.
A federal appeals court on Monday rejected a bid by Zacarias Moussaoui that would have made him ineligible for the death penalty, clearing the way for the first U.S. trial on charges related to the Sept. 11, 2001, terrorist attacks. The U.S. Court of Appeals for the 4th Circuit denied Moussaoui's appeal of its order that he cannot interview key al Qaeda detainees. A trial judge had barred prosecutors from seeking the death penalty and from presenting Sept. 11-related evidence as punishment for their refusal to turn over the witnesses.
Monday's ruling for the first time allows Moussaoui to submit written questions intended for the detainees, sources familiar with the classified portions of the decision told The Washington Post. But the interrogation process is so secretive that Moussaoui's lawyers won't know if the questions were asked or what the answers were unless the information happens to show up later in interrogation summaries, the sources said. CBS News legal analyst Andrew Cohen says the heavily redacted th Circuit opinion is "admirable for getting this long-delayed case back on track."
The Los Angeles Times reported that the new opinion followed a closed-door hearing in June that, at least in part, was apparently called after the government indicated it had failed to fully inform the court of contacts between the federal prosecution team and some of the prisoners.
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2004-07-26 MOUSSAOUI\'S LAWYERS SAY COMMISSION REPORT THREATENS A FAIR TRIAL.
In its report issued Thursday, the 9/11 commission, drawing on much of the same material and evidence as prosecutors, said that Zacarias Moussaoui was personally selected by Osama bin Laden and that he was being "primed as a possible pilot" for Sept. 11.
Moussaoui's attorneys criticized the report, saying the commission had imperiled Moussaoui's right to a fair trial by asserting so publicly that he is guilty. They expressed concern that the massive publicity will affect potential jurors.
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2004-06-18 9/11 COMMISSION MAY HAVE CROSSED MOUSSAOUI JUDGE.
The judge overseeing the Zacarias Moussaoui case agreed to provide the Sept. 11 commission with classified statements from al Qaida detainees on the condition that they not be made public, but the information "was released this week with great fanfare," The Washington Post reports. The Post obtained an April 28 letter in which U.S. District Judge Leonie Brinkema approves prosecutors' request to turn over the materials "[a]s long as the classified summaries remain out of the public's view." Moussaoui's lawyers complain that the release jeapordizes his right to a fair trial, but others contend that the information - which yielded conflicting statements about Moussaoui's role - weakens the government's case.
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2004-06-17 SECRET STATEMENTS ABOUT MOUSSAOUI RELEASED BY COMMISSION.
The coordinator of the Sept. 11 plot told interrogators that he believed Zacarias Moussaoui was to participate in the hijackings, but another top al Qaeda detainee said Moussaoui was part of a second wave of attacks, according to a report released Wednesday. The secret statements of Ramzi Binalshibh and Khalid Sheik Mohammed, unveiled by the independent commission probing the attacks of Sept. 11, 2001, provide by far the most specific information to date on the key issue that has stalled Moussaoui's prosecution. Moussaoui, the only person charged in the United States in connection with Sept. 11, has been seeking access to the two detainees to bolster his defense. The issue has been tied up in the courts for more than a year.
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2004-06-04 MOUSSAOUI LAWYERS ASK APPEALS COURT TO RECONSIDER.
In a closed hearing Thursday, lawyers for terrorism suspect Zacarias Moussaoui asked an appeals court to reconsider a ruling that allowed the government to prosecute Moussaoui and seek his execution. Moussaoui, the only person charged in the United States with crimes related to the Sept. 11 attacks, wants a three-judge panel to review the April decision or have the full 4th U.S. Circuit Court of Appeals hear the case. Defense lawyers and prosecutors refused to comment after the hearing, which was closed because classified information was discussed, The Associated Press reported.
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2004-06-04 DEFENSE LAWYERS FACE UPHILL BATTLE IN MILITARY TRIBUNALS.
Attorneys for the first two men to be tried in upcoming U.S. military tribunals say their ability to represent their clients is being compromised by lack of resources and access to witnesses, the USA Today reports. Military defense lawyers for Ibrahim Ahmed Mahmoud al Qosi and Ali Hamza Ahmad Sulayman al Bahlul - both in secret detention at Guantanamo - say the Pentagon has been slow or nonresponsive to requests for translators, interpreters, and paralegal assistance. In addition, they say, prosecutors have ignored their requests for access to witnesses, an issue that was litigated in the Zacarias Moussaoui case in federal court. Unlike Moussaoui, however, defendants in the secretive military tribunal system are outside the purview of civilian courts or even of military courts-martial.
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2004-05-18 APPEALS COURT ORDERS MOUSSAOUI PROSECUTORS TO PROVIDE INFORMATION ABOUT AL QAEDA INTERROGATIONS.
A federal appeals court ordered Justice Department lawyers Monday to explain at a closed hearing why they provided "arguably inconsistent" information about the interrogation of al Qaeda detainees - a subject that already has mired the case of terrorism suspect Zacarias Moussaoui, according to a story in today's Washington Post. The order by the U.S. Court of Appeals for the 4th Circuit comes just after a crucial decision by the same court on the same issue had moved the case forward. The order came in response to a letter filed by the Justice Department that sought to clarify the role of prosecution team members in the secretive process of questioning the detainees. The letter says that some Moussaoui prosecutors and FBI agents are involved in broader terrorism investigations and have "shared information." But the public release of the letter is heavily redacted for national security reasons, and it could not be determined what type of information was shared or in what context. The New York Times reported that the Justice Department said in the letter it would "provide clarification" on the issue. The letter was made public on Friday by the appeals court.
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2004-05-07 MOUSSAOUI FILES SECRET APPEAL.
Zacarias Moussaoui has filed a sealed request for a rehearing of his appeal before the entire U.S. Court of Appeals in Richmond, Va. (4th Cir.), The Washington Post reports. A three-judge panel of the court had previously ruled that Moussaoui may be denied access to defense witnesses in U.S. custody, and that the government may seek the death penalty. The Post reports that Moussaoui's request must be reviewed by intelligence officials before it is publicly released, suggesting that all or part of the document may ultimately become available. Previously, most of the filings in the case have been made available with redactions.
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2004-04-23 APPEALS COURT SAYS MOUSSAOUI CAN BE TRIED, IS SUBJECT TO DEATH PENALTY.
The U.S. Court of Appeals in Richmond, Va., ruled Thursday that Sept. 11 suspect Zacarias Moussaoui may be prosecuted without access to captured al Qaida witnesses and is subject to the possibility of the death penalty if convicted. The panel, which was split 2-1 on some issues, ordered U.S. District Judge Leonie Brinkema, of Alexandria, Va., to oversee a compromise in which written summaries, culled from secret interrogation reports, will be used in lieu of live testimony. The outcome is widely seen as a victory for the government, which can now prosecute Moussaoui without giving him direct access to the witnesses, can introduce evidence related to the Sept. 11 attacks (previously barred by Brinkema), and can seek the death penalty. But in a finding with potential significance for future terrorism cases, the panel rejected the Bush administration's claim that a U.S. district court lacks authority to order the deposition of a witness captured in the war on terror and held outside the court's borders. The court ruled that it is the identity of the custodian - a U.S. official, in this case Secretary Rumseld - that is important, not the identity of the prisoner or the location of confinement. The court's opinion is available here, and additional details can be found in The Washington Post, The New York Times, and the Los Angeles Times .
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2004-04-19 PUBLICITY MAY HAVE THWARTED TERROR ATTACKS.
The commission investigating the Sept. 11, 2001, terrorist attacks has concluded that the hijackers would probably have postponed their strike if the U.S. government had announced the arrest of suspected terrorist Zacarias Moussaoui in August 2001 or had publicized fears that he intended to hijack jetliners, according to The Washington Post. A report about the case released last week noted that "publicity about the threat" posed by Moussaoui "might have disrupted the plot." Commission Chairman Thomas H. Kean (R) said the conclusion is based in part on extensive psychological profiles of the Sept. 11 hijackers, who were "very careful and very jumpy."
"Everything had to go right for them," Kean said. "Had they felt that one of them had been discovered, there is evidence it would have been delayed."
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2004-01-12 SOME NY 9-11 INFO RELEASED.
A New York appeals court has ordered more Sept. 11 emergency response information released, the Associated Press reported. The Manhattan court held that the city could not withold statements about emergency workers' personal feelings and reactions concerning the attacks because such statements did not fit within any exemption to the open records law. The court also ordered diclosure of factual information given to the federal government by the city for the Zacharias Moussaoui prosecution. However the court allowed the city to withold emergency workers' opinions and recommendations made after the attacks, as well as tapes of 911 calls. "Disclosure of the highly personal expressions of persons who were facing imminent death, expressing fear and panic, would be harmful to a reasonable person of ordinary sensibilities who is a survivor of someone who made a 911 call before dying," the court wrote. Both The New York Times, which filed the lawsuit, and the city are considering filing appeals.
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2003-12-15 LATEST DEVELOPMENTS IN MOHAMMED WARSAME CASE.
Mohammed A. Warsame, the Minneapolis man arrested last week as a material witness with possible ties to Zacarias Moussaoui, may be compelled to testify before a federal grand jury in New York, The Washington Post reports. The Post quotes one official as saying that Warsame does not appear to be "a crucial part of understanding the case or Moussaoui's involvement in it" but that he is under investigation in his own right. The case has been conducted entirely in secret, and U.S. Attorney Tom Heffelfinger in Minneapolis has said he will seek to prosecute law enforcement officials who provided Warsame's name to the media. Meanwhile, The (Minneapolis) Star Tribune reports that friends and family of Mohammed Abdullah Warsame are shocked over his arrest as a material witness, and are skeptical of the government's actions.
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2003-12-12 IDENTITY OF MINNEAPOLIS AL QAIDA SUSPECT IS REPORTED.
The (Minneapolis) Star Tribune reports today that the al Qaida suspect detained earlier this week in Minneapolis is Mohammed A. Warsame, a 30-year old student at Minneapolis Community Technical College. Warsame was arrested Monday as a "material witness" and has not been heard from since, his wife told the Star Tribune. Law enforcement officials told the Star Tribune that Warsame has knowledge of Sept. 11 defendant Zacarias Moussaoui's alleged activities in an al Qaida training camp in Afghanistan, but they apparently have not indicated whether he will be charged with a crime himself. Warsame is a Canadian citizen of Somali descent.
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2003-12-11 SECRECY PERSISTS IN DETAINMENT OF AL QAIDA SUSPECT IN MINNEAPOLIS
The detention of an unidentified man in Minneapolis for alleged ties to al Qaida, first reported yesterday by The (Minneapolis) Star Tribune, is now generating coverage in the national media. CNN reports that the man, whose identity is being kept secret by the government, is being held as a material witness. The New York Times says the man is "accused of having ties to the terrorist network of al Qaida and Zacarias Moussaoui," although it is unclear whether he has actually been charged. A follow-up story in today's Star Tribune emphasizes the secrecy surrounding the man's detention.
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2003-12-10 UNIDENTIFIED AL QAIDA SUSPECT ARRRESTED IN MINNEAPOLIS; CLOSED HEARING HELD.
The (Minneapolis) Star Tribune is reporting that FBI agents in Minneapolis have arrested a suspected al Qaida associate who allegedly has knowledge of some activities of accused Sept. 11 conspirator Zacarias Moussaoui, including Moussaoui's participation in a terrorist training camp in Afhghanistan. The man, whose name was not released, was brought before U.S. Magistrate Judge Earl Cudd yesterday for a closed hearing. It was unknown whether he has been criminally charged. The detainee's name has also been kept off of the public roster of inmates at the Hennepin County jail.
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2003-12-04 FOURTH CIRCUIT HEARS APPEAL OF MOUSSAOUI ORDER.
The U.S. Court of Appeals in Richmond, Va., (4th Cir.) yesterday heard oral arguments in the case of Zacarias Moussaoui, the accused Sept. 11 conspirator. The appeals court will decide whether to uphold U.S. District Judge Leonie Brinkema's order barring the government from seeking the death penalty or introducing evidence that Moussaoui had a role in the Sept. 11 attacks, as a sanction for the government's refusal to give him access to three detained al Qaida witnesses. The New York Times reports that the three-judge panel gave little indication of how it will rule, though it aggressively questioned lawyers for both sides. The Washington Post's story, however, suggests that the judges may have been hinting at a possible compromise in which the courts would help fashion a substitute for live testimony. The hearing was conducted in an unusual bifurcated format, with an open session in the morning and a closed session in the afternoon, in an arrangement that was won by the media before the last Fourth Circuit hearing in this case.
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2003-12-01 PREVIOUSLY SECRET MEMO DETAILS FBI'S SUSPICIONS OF MOUSSAOUI.
Greg Gordon of the Minneapolis-based Star Tribune reports on the contents of newly disclosed FBI documents showing that, nearly a month before the Sept. 11 attacks, the agency suspected that Zacarias Moussaoui was conspiring to commit a terrorist act using an airplane. Gordon cites a "lengthy memo" sent by Minneapolis FBI agents to FBI headquarters, describing "previously secret details of investigators' only interviews with Moussaoui." The memo reportedly indicates that on Aug. 17, 2001, FBI agents specifically asked Moussaoui whether he was preparing to use an aircraft to commit a terrorist act, and "demanded that he reveal the name of his religious leader and describe the plan." In response, Moussaoui reportedly asked for a lawyer.
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2003-11-20 MOUSSAOUI APPEAL WILL INCLUDE CLOSED SESSION
The U.S. Court of Appeals in Richmond (4th Cir.) will close the courtroom to the press and public for a portion of the arguments in the appeal of accused Sept. 11 conspirator Zacarias Moussaoui, the AP reports. The Dec. 3 hearing will include a public session in the morning, followed by a closed session to allow for the discussion of classified information. The court is reviewing Judge Leonie Brinkema's decision to bar the government from seeking the death penalty and introducing evidence related to the Sept. 11 attacks, as a sanction for the government's refusal to grant Moussaoui access to three al Qaida witnesses in U.S. detention.
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2003-11-07 MOUSSAOUI JUDGE STAYS PROCEEDINGS, WARNS DEFENDANT.
U.S. District Court Judge Leonie Brinkema has stayed all proceedings in the prosecution of accused Sept. 11 conspirator Zacarias Moussaoui, pending the outcome of the government's appeal of her Oct. 2 order eliminating the death penalty and barring the government from introducing evidence of his role in the attacks. The stay order, issued Wednesday, also states that no trial date will be set for sooner than 180 days from the resolution of the appeal if the death penalty is reinstated, and 90 days if it is not. Separately, Reuters reports, Judge Brinkema warned Moussaoui that he could lose his right to represent himself if he continues to file "frivolous, scandalous, disrespectful or repetitive pleadings" with the court. The U.S. Court of Appeals for Fourth Circuit (Richmond, Va.) will hear arguments Dec. 3 on whether to uphold Brinkema's sanctions against the government.
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2003-11-05 MEDIA ACCOUNTS DIFFER ON IDENTIFICATION OF 20TH HIJACKER.
USA Today reported today that the government is "fairly confident" it has identified an unnamed al Quida operative as the suspected "20th hijacker" in the Sept. 11 attacks, but aspects of the story were quickly disputed in stories by Reuters and CNN. The USA Today account, by Toni Locy, quotes a "top federal law enforcement official" as saying, "We are fairly confident we know who No. 20 is." The official also reportedly said the suspect is not accused Sept. 11 conspirator Zacarias Moussaoui or alleged paymaster Ramzi Bin al-Shibh. According to Reuters and CNN, however, other law enforcement officials are denying the report, saying it is more of a "theory" at this point.
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2003-10-16 GOVERNMENT WANTS MOUSSAOUI APPEAL HEARD IN SECRET.
Oral arguments have been scheduled for Dec. 3 on whether accused Sept. 11 conspirator Zacarias Moussaoui may question three captured al Qaida members who may be able to aid his defense, The Associated Press reports. But the U.S. Court of Appeals for the Fourth Circuit, which will decide the issue, has not yet said whether it will grant the government's request to hold some or all of the hearing in secret. The government says it is necessary to close at least a portion of the proceedings to prevent disclosure of classified information. Previous hearings have been split into public and secret sessions, the AP says. The government is appealing Judge Leonie Brinkema's order barring it from seeking the death penalty or introducing evidence that Moussaoui participated in the Sept. 11 attacks, as a sanction for its refusal to grant him access to the al Qaida witnesses.
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2003-10-09 MOUSSAOUI MOTIONS UNSEALED.
In more than three dozen motions made public on Wednesday, Al-Qaida defendant Zacarias Moussaoui says he consistently rejected the opportunity to participate in the Sept. 11 attacks and was to be part of a separate operation. U.S. District Judge Leonie Brinkema periodically releases Moussaoui's motions after the government checks them for coded messages and the judge deletes the most inflammatory language, according to The Associated Press.
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2003-10-08 JUSTICE DEPARTMENT APPEALS MOUSSAOUI DECISION TO 4TH CIRCUIT.
The Justice Department announced on Tuesday that it would appeal a judge's ruling that would bar federal prosecutors from seeking the death penalty against Zacarias Moussaoui and from trying to convince a jury that he was linked to the terrorist attacks on Sept. 11, 2001. The department's move, in a brief filing with the United States Court of Appeals for the Fourth Circuit in Richmond, Va., suggests that the case against Mr. Moussaoui in a civilian court will go on for at least several more months, according to The New York Times. After Judge Leonie Brinkema's ruling, government officials said that all options were being considered in response, including the possibility of moving Moussaoui's case to a military tribunal. But after a series of high-level meetings, prosecutors yesterday filed a one-page notice of appeal with the U.S. Court of Appeals for the 4th Circuit. Officials told The Washington Post that although the military option remains on the table, it was not seriously discussed in recent days.
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2003-10-02 JUDGE BARS DEATH PENALTY IN MOUSSAOUI CASE.
A federal judge today prohibited the government from seeking the death penalty against Sept. 11 defendant Zacarias Moussaoui as a sanction for the government's refusal to let Moussaoui interview terrorist detainees who may be able to help his defense. Judge Leonie Brinkema's order also bars the government from "making any argument, or offering any evidence, that the defendant had any involvement in, or knowledge of, the September 11, 2001." Both prosecutors and defense lawyers had requested outright dismissal of the indictment, although the government had done so only as a tactical maneuver to expedite an appeal. The Associated Press observes that the ruling is a "major defeat" for the government, while CNN describes the decision as "a blow to the government's case." Judge Brinkema stayed her order pending an appeal to the U.S. Court of Appeals for the Fourth Circuit.
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2003-09-30 MOUSSAOUI PROSECUTION RAISES SIXTH AMENDMENT QUESTIONS.
In a Sunday editorial, The Washington Post urged the U.S. Court of Appeals for the Fourth Circuit to reject the government's argument that Sept. 11 defendant Zacarias Moussaoui can fairly be tried without access to witnesses whose testimony could help his case, a protection normally guaranteed by the Sixth Amendment: "In any normal case, there is no question that the defense gets access to a witness in the custody of the federal government. But that right, according to the Justice Department, does not extend to al Qaida witnesses being held abroad. The government effectively asks for an exception to the right to call witnesses in deference to the war on terrorism. The appeals court should not grant it."
The Post called upon Congress to consider alternative measures to balance Sixth Amendment rights against security concerns in terrorism cases, such as by qualifying the right to self-representation to avoid direct contact between defendants and suspected terrorists.
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2003-09-26 GOVERNMENT SUPPORTS DISMISSAL OF MOUSSAOUI CHARGES.
In a tactical move designed to hasten appellate review, the Justice Department announced yesterday that it will not oppose a federal judge's dismissal of the indictment against Sept. 11 suspect Zacarias Moussaoui. "To present the issue most efficiently to the Court of Appeals ... we do not oppose [defense] counsel's suggestion that the appropriate action in this case is to dismiss the indictment," prosecutors said in court papers filed Thursday with Judge Leonie Brinkema in Alexandria, Va. Similarly, lawyers for Moussaoui also requested dismissal as a sanction for the government's refusal to let Moussaoui interview captured al Qaida terrorits who may be able to provide exculpatory testimony. If Brinkema dismisses the indictment, the question of whether Moussaoui may be tried without access to the witnesses will go to the U.S. Court of Appeals for the Fourth Circuit. However, as noted by The New York Times and The Washington Post, a pro-Moussaoui ruling by the Fourth Circuit would likely prompt the government to move the case out of the civilian justice system altogether, and try him before a military tribunal.
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2003-09-25 MOUSSAOUI LAWYERS SEEK DISMISSAL OF INDICTMENT.
Attorneys for suspected Sept. 11 terrorist Zacarias Moussaoui have requested dismissal of his indictment as a sanction for the government's refusal to let him interview captured al Qaida members who could help his case, The New York Times reports. The federal judge overseeing the case, Leonie Brinkema of Alexandria, Va., has already ruled that the government must provide Moussaoui with access to the al Qaida witnesses. If the government continues to disobey her order, Brinkema could impose a variety of sanctions, including dismissing the indictment or removing the death penalty as a possible sentence. Attorney General John Ashcroft has repeatedly said the Moussaoui case might be moved to a military tribunal, an outcome that seems particularly likely if the indictment is dismissed.
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2003-09-10 JUDGE REJECTS ALTERNATIVE PROPOSAL FOR MOUSSAOUI ACCESS.
In a ruling that may help push the Moussaoui case toward a military tribunal, a federal judge has rejected the government's proposed alternatives to letting accused Sept. 11 conspirator Zacarias Moussaoui question two witnesses, Reuters reports. U.S. District Judge Leonie Brinkema had given prosecutors until Sept. 10 to say whether they would comply with her order to allow videotaped depositions of alleged Sept. 11 planners Khalid Sheikh Mohammed and Mustafa Ahmed al-Hawsawi. The government is expected to appeal, and may face sanctions.
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2003-09-04 MOUSSAOUI OPINION UNSEALED
The government released on Wednesday a redacted version of a federal judge's opinion granting September 11 suspect Zacarias Moussaoui access to two captured al-Qaida operatives, the The Washington Post reports. In the opinion, originally issued under seal on Friday, U.S. District Judge Leonie M. Brinkema said the testimony of the two witnesses could "eliminate the possibility" of a death sentence for Moussaoui. The Associated Press reports that the proposed testimony may support Moussaoui's contention that he was not even contacted to participate in the attacks. Large portions of the ruling were blacked out, however. The government has said it will appeal Judge Brinkema's ruling.
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2003-09-02 MOUSSAOUI WINS ANOTHER ROUND.
Accused September 11 conspirator Zacarias Moussaoui has won another court ruling to obtain access to a top al Qaeda captive, but the government is certain to appeal, CNN reports. U.S. District Judge Leonie Brinkema in Alexandria, Va., on Friday granted Moussaoui's request for testimony from Khalid Shaikh Mohammed, the reputed architect of the hijacking attacks on New York and Washington, according to sources familiar with the ruling. Brinkema's order and opinion remain under seal. The New York Times reports that Brinkema's decision promises to further complicate a government prosecution that has already become entangled by unexpected legal obstacles. Officials have been considering whether to move Moussaoui to a military tribunal rather than continuing to prosecute him in civil court, and Brinkema's decision could increase the likelihood of such a move.
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2003-08-08 SEALED MOTION REVEALED.
So what's in all those filings in the Zacarias Moussaoui case that justify probably the greatest amount of secrecy in modern American judicial history (at least for those actually charged -- nobody is certain how many "material witnesses" are currently secreted away)? One indication comes from year-old filings finally released, which an AP report says disclosed the fact that "federal marshals had jailhouse conversations with the defendant last year about terrorism, airline security and bomb-making" without advising him of his right to remain silent. The defense motion to keep those statements out of the trail was sealed, even though the motion did not actually include details of the conversation.
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2003-07-16 MOUSSAOUI JUDGE SEEMED TO ANTICIPATE STALEMATE.
The Justice Department's hopes of salvaging its case against Zacarias Moussaoui in civilian court rest with a no-nonsense federal trial judge who has repeatedly questioned the government's efforts to prosecute Moussaoui with so much of the case against him kept secret from the public -- and from Moussaoui. The New York Times reports today that opinions dating back to last year show that Judge Leonie Brinkema has suspected that the government's insistence on keeping secrets in its case against Moussaoui would lead to the stalemate.
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2003-07-15 JUSTICE DEPARTMENT DEFIES COURT ORDER.
The Justice Department yesterday refused to produce a key witness in the case against Zacarias Moussaoui, defying a federal court order and acknowledging that the judge will likely dismiss the indictment against the only person charged in the United States in connection with the Sept. 11, 2001, terrorist attacks, according to the Washington Post.
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2003-07-02 REPORT QUESTIONS IMMIGRATION ROUND-UP.
In the most comprehensive study to date of "the September 11 detainees," a report released June 26 by the Migration Policy Institute profiles 406 of the roughly 894 people arrested and held in custody. The nonpartisan think tank's report casts serious doubt on the value of that Justice Department roundup. Taken together, the sagas of the 406 detainees depict a largely haphazard approach to rooting out the terrorists in our midst. While the post-9/11 sweep did enhance the enforcement of immigration laws somewhat, it was not the most effective way to marshal the nation's limited terrorist-hunting resources, the report argues.
In a news story about the report, GovExec.com reports there are no solid numbers, at least none publicly available, on how many would-be terrorists were caught by the sweep. According to the Justice Department, only one of the 762 immigration-law violators, Zacarias Moussaoui, who was actually detained three weeks before 9/11, counts as a terrorist. But, officials say, "dozens" of the 132 people who faced criminal charges were charged with terrorism-related offenses.
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2003-06-27 APPEALS COURT DENIES GOVERNMENT MOTION IN MOUSSAOUI CASE.
A federal appeals court Thursday rejected for the time being the Bush administration's request that it prohibit Zacarias Moussaoui from interviewing captured people linked to Al Qaeda to support his defense that he was not involved in the Sept. 11 terrorist plot. But the three-judge panel of the court, in Richmond, Va., left open the likelihood that it would revisit the issue. In rejecting the government's appeal, the court said a lower court's order to allow Mr. Moussaoui's lawyers to interview one captured Qaeda figure had not yet reached the stage at which it could be reviewed. The judges said that if and when the Justice Department went through with its threat to refuse to make any Qaeda figures available and the trial judge sanctioned the government, an appeals court could then consider intervening in the trial. Earlier this month, Frank W. Dunham Jr., representing Mr. Moussaoui, disclosed that at least one condition noted by the appeals court had occurred. He said Attorney General John Ashcroft had recently filed a secret affidavit in which he said that Mr. bin al-Shibh would not be made available for defense testimony.
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2003-05-19 JUDGE MAY RELEASE DOCUMENTS IN MOUSSAOUI CASE.
Slowly, more openness is coming to the Zacarias Moussaoui case. Last Friday, Judge Leonie M. Brinkema ordered the government to review more than 100 documents, identified only by docket number, and state its position on whether they should remain sealed. The judge also ruled that a few dozen other documents would remain under seal. Prosecutors have until May 31 to respond, so actual access to the documents may be delayed awhile still. The action came in response to a motion by a number of news organizations, including the Reporters Committee, that argued that too many of the filings in the case were being sealed despite a previous order by the judge that created a system to ensure appropriate access to documents in the case.
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2003-05-16 FEDERAL JUDGE RULES AGAIN, MOUSSAOUI CAN INTERVIEW WITNESS.
For the second time, U.S. District Judge Leonie Brinkema ordered that accused September 11 terrorist Zacarias Moussaoui can interview a senior al-Qaida prisoner to aid in his defense, the Associated Press reported this morning. "Prosecutors reportedly offered summaries of the witness' statements as an alternative, but Brinkema ruled this was inadequate to protect the defendant's right to potentially favorable information."
The government has appealed Brinkema's order and oral arguments are scheduled to occur June 3 before the U.S. Court of Appeals in Richmond (4th Cir.). Eleven media orgainizations fought and received an order granting access to at least part of the arguments that do not pertain to classified information.
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2003-05-14 FOURTH CIRCUIT WILL PARTLY OPEN MOUSSAOUI APPEAL TO PUBLIC.
Eleven media organizations, including the Reporters Committee, successfully obtained modification of two sealing orders issued by the U.S. Court of Appeals in Richmond (4th Cir.) that prevented access to appellate proceedings and documents determining whether Zacarias Moussaoui will have access to Ramzi Bin al-Shibh, the alleged planner of the September 11 attacks and whom Moussaoui argues will aid in his defense. The Fourth Circuit bifurcated the oral arguments that will be presented in the appeal. The first portion of the arguments will be open to the public and will address limited legal issues. The second portion of the arguments will be sealed and will address classified information. A redacted transcript of the sealed arguments will be available in the public file after the government is provided an opportunity to censor classified information. Oral arguments are scheduled for June 3. For more information, see News Media Update.
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2003-04-30 GOVERNMENT USING "SLEIGHT OF HAND" TO CLOSE MOUSSAOUI PROCEEDINGS.
Eleven media organizations organizations contend the government is using "sleight of hand" to keep proceedings secret in a dispute over terrorism suspect Zacarias Moussaoui's access to an al-Qaida prisoner. The brief filed Tuesday in the 4th U.S. Circuit Court of Appeals by the group, which includes the Reporters Committee for Freedom of the Press, contends the public's right to attend hearings and view the court record is not eliminated by a law guiding use of classified information in court proceedings.
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2003-04-24 MOUSSAOUI SECRECY LIFTED -- SLIGHTLY.
A little light was shed this week on the appeal of Zacarias Moussaoui, who is fighting the government's attempt to overturn a judge's decision allowing him to interview another accused terrorist. While all documents in the Fourth Circuit appeal are still filed under seal, and the court has yet to address a news media petition for access, prosecutors did release a redacted version of their opening brief. The redacted brief was released in response to a request from Moussaoui to see it (he's not allowed to see it because of classified information; his lawyers can -- but he's not working with them).
According to a Minneapolis Star Tribune report on the brief, prosecutors criticized the trial judge's "inexpert assessment of the impact" of allowing the deposition, and said she had "commandeered partial operational control over an intelligence mission." The New York Times reported that the department argued, "By seeking access to depose high-ranking Al Qaeda leaders captured abroad, defendants could be guaranteed that they would either hobble interrogation efforts directed at their comrades overseas or ensure the abandonment of prosecutions against themselves."
The case docket lists the titles of all the sealed documents filed. Usually, an appellee simply files a "Brief of Appellee," but Moussaoui's documents include titles such as "ASHCROFT POLITICAL SENSURE OF THE TRUTH," "MOHAMMED ALIBI TESTIMONY DESTROY THE NEW ASHCROFT 5TH PLANES THEORY", and "5TH PLANE MUST LAND ON MOUSSAOUI RUNAWAY."
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2003-04-22 SOME MOUSSAOUI DOCUMENTS CAN BE UNSEALED.
In response to requests from several major news organizations and the Reporters Committee for Freedom of the Press, the Justice Department said Monday that much of the now-secret court record in the case against Zacarias Moussaoui could be made public. But the New York Times reports that the Justice Department urged the trial judge to keep a handful of documents under seal because they "disclose confidential, sensitive details about the foreign relations of the United States." Moussaoui is the only person charged in an American court with conspiring in the attacks on Sept. 11, 2001.
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2003-04-16 MOUSSAOUI COMPROMISE SOUGHT.
A federal appeals court on Tuesday gave the government a chance to reconsider its refusal to allow Zacarias Moussaoui access to a key al Qaeda detainee, seeking a middle ground that could allow the trial of the only person charged in the United States in connection with the Sept. 11, 2001, attacks to proceed. The Washington Post reports that the Fourth U.S. Circuit Court of Appeals ruled that the government should be allowed to propose alternatives, known as substitutions, to a January trial court order that allowed Moussaoui's attorneys to interview Ramzi Binalshibh, the self-described planner of the Sept. 11 attacks. Moussaoui had sought to question Binalshibh, arguing that the al Qaeda operative could help his defense. U.S. District Judge Leonie M. Brinkema agreed and, in a sealed order, told the government to allow Moussaoui's attorneys access to Binalshibh. The government objected and appealed to the 4th Circuit. Yesterday, the 4th Circuit sent the case back to Brinkema's court in Alexandria with the hope that the two sides could find an alternative and the much-delayed, high-profile trial could go forward.
Meanwhile, the Star Tribune's Washington bureau reported Wednesday that federal prosecutors are operating on the theory that Moussaoui had been training to pilot a fifth airliner into the White House.
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2003-04-15 JUSTICE SAYS SECRECY FEARS "UNFOUNDED."
The Justice Department told a federal judge in Alexandria, Va., Monday that it is confident it can prosecute Zacarias Moussaoui at a public trial, saying that concerns about excessive secrecy are "premature and therefore unfounded." The Washington Post's Jerry Markon reports that prosecutors defended their continuing need to classify intelligence and other pretrial data, saying that in the war against al Qaeda, "the national interest dictates great care in the handling of this sensitive and life-saving information." Judge Leonie Brinkema had recently issued an order in which she questioned Moussaoui's ability to get a fair trial due to the government's secrecy efforts.
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2003-04-14 MEDIA GROUPS SEEK ACCESS TO SECRET MOUSSAOUI PROCEEDINGS.
Eleven media organizations, including the Reporters Committee for Freedom of the Press, asked a federal appeals court Friday to allow open oral arguments and to release documents in the case against alleged terrorist Zacarias Moussaoui, accused in the Sept. 11 attacks. The U.S. 4th Circuit Court of Appeals has kept most documents secret and scheduled a closed May 6 hearing as it considers the government's appeal of a trial judge's order. Prosecutors objected when the lower court ruled secretly that Moussaoui could have access to an Al Qaeda prisoner to help his defense.
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2003-04-10 MOUSSAOUI EXCLUDED FROM APPEALS HEARING.
The 4th U.S. Circuit Court of Appeals will not allow Zacarias Moussaoui to argue in person that he should have access to al-Qaida prisoners, who potentially could help his defense against charges that he conspired with the
Sept. 11 hijackers. The Associated Press reports that the appeals court has ordered the May 6 hearing closed because classified information will be
discussed. The court issued a one-page order Wednesday denying Moussaoui's request to appear in person at the hearing.
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2003-04-04 MOUSSAOUI JUDGE QUESTIONS EXCESSIVE GOVERNMENT SECREY.
U.S. District Judge Leonie Brinkema said in a court order filed Friday that she was disturbed the government had classified so many pleadings, orders and court opinions in the criminal prosecution against Zacarias Moussaoui. Brinkema said she joined in Moussaoui's skepticism about the government's ability to prosecute him in open court.
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2003-04-04 NEWS ORGANIZATIONS CHALLENGE MOUSSAOUI SECRET FILINGS.
A group of newspapers and broadcasters challenged the sealing of filings in the case of Zacarias Moussaoui yesterday, the Washington Post reported. In a brief filed by several media organizations, including the Reporters Committee for Freedom of the Press, lawyers noted that Brinkema has agreed to unseal some filings. But since her Sept. 27 order, only four of 63 documents have been unsealed. The media acknowledge Moussaoui's right to a fair and prompt trial, and the national security issues, but they argue that Brinkema could redact motions or take less drastic steps.
Click here to link to the U.S. District Court for the Eastern District of Virginia's Moussaoui website.
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2003-04-02 MORE ON MOUSSAOUI'S SECRET TRIAL.
Federal prosecutors are citing a World War II-era Supreme Court decision as part of their effort to overturn a judge's ruling that Zacarias Moussaoui's lawyers can interview Ramzi Binalshibh, the self-described planner of the Sept. 11, 2001, attacks. The Washington Post's Jerry Markon reports that the arguments have been made in classified briefs filed with the Richmond-based U.S. Court of Appeals for the 4th Circuit. If the government's argument is accepted by the 4th Circuit and ultimately the Supreme Court, it would hold far-reaching implications for the war on terrorism and the power of the courts. It would create a legal standard for accused terrorists or enemy combatants that differs from how courts have treated criminal defendants for generations.
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2003-03-25 ANOTHER MOUSSAOUI HEARING CLOSED TO PUBLIC
The U.S. Court of Appeals for the 4th Circuit has granted a government request to bar the public from a May 6 hearing in the case against alleged Sept. 11 conspirator Zacarias Moussaoui. The Washington Post reports that the secrecy surrounding the the prosecution of the only person charged in the United States in connection with the terrorist attacks is almost unprecedented.
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2003-02-19 MOUSSAOUI HEARINGS.
Recent hearings in the Zacarias Moussaoui case in U.S. District Court in Alexandria, Va., have been held in secret. Jerry Markon of The Washington Post reports that next month a federal appeals court will take up a government appeal of a secret ruling that granted Moussaoui's attorneys access to a key al Qaeda detainee. In doing so, the court will weigh Moussaoui's right to interview witnesses who might help his defense against the government's right to make national security decisions.
If the court rules in favor of Moussaoui, the government may yank his and future cases into a military tribunal. A big question remains as to how much of the case will be conducted in public if it goes to a tribunal.
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2003-02-07 MOUSSAOUI TO MOVE?
The New York Times reports today that Zacarias Moussaoui's case will likely be transferred to a military tribunal if the decision by Judge Leonie Brinkema to give him access to an alleged al-Queda operative held by the government is not overturned on appeal.
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2003-02-03 JUDGE ORDERS ACCESS TO DEFENSE WITNESS.
The Washington Post reported Saturday that U.S. District Judge Leonie M. Brinkema ordered that attorneys for accused terrorist Zacarais Moussaoui have access to Ramzi Binalshibh, a co-ordinator of the September 11 attacks who, the government alleges, wired Moussaoui $14,000. The newspaper reports that the Justice Department will be appealing the order.
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