U.S. asks Moussaoui case dismissal

MSNBC ^

[Malsua]

ALEXANDRIA, Va., Sept. 25 — The government has asked a judge to dismiss all charges against terrorism suspect Zacarias Moussaoui, according to a motion released Thursday. Prosecutors said they made the extraordinary request to hasten an appeal challenging the defendant’s right to question al-Qaida prisoners.

[Malsua]

Is this possible? Sheesh!

The only upside would be that they track this scumbag as he tries to contact his handlers.

Ugh.

I searched for this post elsewhere and did not find it. Moderator delete if it's a dupe.

I'll add that _I'M_ deeply saddened.

[Brian S]

Government seeks dismissal of Moussaoui case, but only to expedite appeal

LARRY MARGASAK, Associated Press Writer Thursday, September 25, 2003

---

(09-25) 15:28 PDT ALEXANDRIA, Va. (AP) --

Prosecutors have agreed with Zacarias Moussaoui's lawyers that all charges against the terrorism defendant should be dismissed but only to hasten an appeal that challenges his right to question fellow al-Qaida prisoners.

In a written motion made public Thursday, the government also asked U.S. District Judge Leonie Brinkema to issue a stay, an order that would keep the charges in place during the appeal.

Prosecutors want an appellate court to overrule two of Brinkema's orders that gave Moussaoui the right to question three captives who, he says, could testify he was not a conspirator in the Sept. 11, 2001, attacks.

A panel of the 4th U.S. Circuit Court of Appeals in Richmond, Va. has heard oral arguments on one of the orders allowing Moussaoui to question enemy combatants but said it would rule only after Brinkema punished the government for defying the court.

"In light of the rulings this court has already made ... the government believes that, at this juncture, dismissal of the indictment ... is the surest route for ensuring that the questions at issue here can promptly be presented to the 4th Circuit," the government said.

Testimony by the witnesses would disclose classified information and damage national security, the government contended.

Brinkema could impose a punishment next week, after a Monday deadline expires for Moussaoui to submit his recommended sanctions against the government. While dismissal is the most severe possible sanction, the judge could take lesser action, including barring the government from seeking the death penalty.

Prosecutors have opposed any direct access between the prisoners and Moussaoui, who has acknowledged his loyalty to Osama bin Laden and is the only U.S. defendant charged as a conspirator with the Sept. 11 hijackers.

The government has argued that national security would be gravely harmed if any details were revealed about the sensitive interrogations or statements made by the prisoners, who are held in undisclosed locations outside the United States.

However, federal law says that when a defendant is prevented by court order from disclosing classified information -- in this case the al-Qaida testimony -- the judge is obligated to dismiss the case unless the court determines the interests of justice would be served by another solution.

Moussaoui's defense team, representing his interests while he serves as his own lawyer, said in a motion released Wednesday the case should be dismissed.

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.

In a statement, the Justice Department said, "We believe the Constitution does not require, and national security will not permit, the government to allow Moussaoui, an avowed terrorist, to have direct access to his terrorist confederates who have been detained abroad as enemy combatants in the midst of a war."

The government said in the motion the issue before the court is whether the constitutional right to access to favorable witnesses applies to an enemy combatant "seized and held abroad during armed hostilities."

"As the government has explained, the Constitution provides an accused terrorist with no such right to ... questioning of his confederates detained by the military overseas."

Prosecutors also said there were other ways to introduce witness statements beyond direct testimony but added that that issue could be decided later.

[Numbers Guy]

I'll add that _I'M_ deeply saddened.

I'd assume they would dismiss charges in preparation for trying him via a military tribunal.

[glock rocks]

just damn. What in the world?

[Rockitz]

This may be the most expedient way to execute him and will save the taxpayers tons of money. On the street, his life is not worth a free dinner at Denny's on your birthday.

[Slings and Arrows]

A terrorist escapes justice on a technicality?!

This is appalling.

[tiamat]

Numbers Guy wrote:

********************************

but there will be a LOT of screaming from some quarters if they do it!

Hope the Powers That Be have the guts to follow through!

Tia

[aculeus]

Can the government re-indict him?

Calling all FRlawyers!

[Shermy]

"What in the world?"

He's innocent of 9/11.

He's guilty of a second wave attack, probably using cropdusters.

He admitted he was to be used in a second wave attack.

Dept. of Justice dropped the cropduster allegations from the charges - they conflict with the theory he was the 9/11 "20th man."

If govt. loses the appeal, they'll dismiss the charges for good.

Wouldn't want to worry us taxpaying folks about what was really going on.

IMO.

[tiamat]

Numbers Guy wrote:

I'd assume they would dismiss charges in preparation for trying him via a military tribunal.

********************************

Would that work? I'd much rather see a military tribunal...

but there will be a LOT of screaming from some quarters if they do it!

Hope the Powers That Be have the guts to follow through!

Tia

Sorry . stiff hands and i did not preview!

[Diddle E. Squat]

This an extremely misleading excerpt of the post.

This is only a legal maneuver to get a quick ruling on a dispute on how to try him, he is not going to be released onto the street.

I guess some people post an article without actually reading it.

[Sub-Driver]

huh?.........send him to Gitmo

[cake_crumb]

Looks like a legal maneuver to speed up the appeal of that goofy ruling to allow Moussaoui to chat with his terrorist buddies. He is not being freed. The government does not, and rightly so, want Moussaoui allowed to chat with his fellow terrorists.

[glock rocks]

interesting... check the date.

Feds won't make al-Qaida witness available to Moussaoui
an Associated Press report 7/15/03

WASHINGTON - The Justice Department acknowledges its defiance of a judge's order may cause dismissal of charges against accused Sept. 11 conspirator Zacarias Moussaoui, but says it won't produce an al-Qaida prisoner for questioning by the defendant.

The government notified the trial judge Monday that it wouldn't budge in its refusal to let Moussaoui, an acknowledged al-Qaida loyalist, interview a former superior -- suspected Sept. 11 attack coordinator Ramzi Binalshibh.

U.S. District Judge Leonie Brinkema can now penalize the government, but the ultimate sanction of dismissal is not her only option for disobedience of her order to allow the deposition.

While dismissal could ultimately lead to prosecution by a military tribunal -- where the government's national security concerns would be paramount -- the Alexandria, Va.-based judge could take less drastic steps. She could throw out some charges, exclude government evidence or instruct jurors that the government refused to provide certain evidence.

Prosecutors said they're banking on the 4th U.S. Circuit Court of Appeals to uphold their argument that any comments by Binalshibh to Moussaoui would jeopardize national security, especially if they're played at Moussaoui's trial on charges of conspiring with the Sept. 11 hijackers to commit terrorism and hijack airplanes.

The Richmond, Va.-based 4th Circuit voted 7-5 on Monday to deny, for now, reconsideration of a three-judge panel's refusal to intervene in the case at this stage. The court is more likely to step in after Brinkema rules on sanctions against the government.

While the appellate ruling concerned the timing of the court's possible intervention, chief judge William Wilkins warned that the court would not blindly accept government claims of national security.

"Siding with the government in all cases where national security concerns are asserted would entail surrender of the independence of the judicial branch and abandonment of our sworn commitment to uphold the rule of law," Wilkins said.

The government said it recognizes that its objection means the deposition of Binalshibh cannot go forward, and that the decision "obligates the court now to dismiss the indictment unless the court finds that the interests of justice can be served by another action."

If the court considers an alternative to dismissal, prosecutors asked that they be heard before action is taken. The government also asked Brinkema to postpone any action pending a ruling by the appellate court.

Brinkema has ruled that Moussaoui, who is representing himself, should be allowed to question Binalshibh through a satellite hookup.

Brinkema had concluded Binalshibh may support Moussaoui's contention that he was not part of the Sept. 11 conspiracy, and said he had a constitutional right to witnesses who might help the defense.

Attorney General John Ashcroft has repeatedly said he wants to continue the prosecution in the civilian court system, although military tribunal rules would be more favorable to the government.

"The military commission approach is outside the constitutional system," said Robert Precht, assistant dean for public service at the University of Michigan law school and a defense lawyer in the 1993 World Trade Center bombing case.

"Once you take this out of the civilian system, all bets are off. All constitutional rights that are familiar to us are simply not applicable. What limited rights the military does give are totally at the government's mercy."

The eventual outcome of this dispute could affect future cases by deciding whether terrorism defendants will have access to enemy combatants, especially those, like Binalshibh, who are being held in secret locations overseas.

Should the courts decide a defendant's access to favorable witnesses trumps national security concerns, the government could bring all future terrorism proceedings before military tribunals.

Repeating earlier arguments, the government said Monday: "The deposition, which would involve an admitted and unrepentant terrorist (the defendant) questioning one of his al-Qaida confederates, would necessarily result in the unauthorized disclosure of classified information.

"Such a scenario is unacceptable to the government, which not only carries the responsibility for prosecuting the defendant, but also of protecting this nation's security at a time of war with an enemy who already murdered thousands of our citizens."

[HitmanLV]

This is a royal screwup for the Justice Department. HE should have been put at GitMo, right away.

There is no positive spin on this.

[Let's Roll]

Let's hope - puh-leeze get this guy out of civilian court with its PC judges etc.

[Redleg Duke]

Let him loose. The assets are in place to take care of him.

[Shermy]

Check out the moussaoui key word.

US Govt. already appealed the same, or similar issue, and lost around June this year.

Possibly, the Justice Dept. cannot face the fact that they charged M with the wrong things, so they will bury it in appeals.

Similar, there may be no great urge to solve the Anthrax case since they're being sued by Hatfill.

[Political Junkie Too]

Can he still be held for a military tribunal or was it either/or?

-PJ

[cake_crumb]

No one will listen. These posts look like the anti- government types. Anything they can complain about is good.