The Sentencing of Zacarias Moussaoui: Questions of Fact and Issues as to Defendant’s Competency Cloud Proceedings

By ELAINE CASSEL
Findlaw.com
Thursday, Feb. 16, 2006

This week, the selection of the jury that will sentence Moroccan-born Canadian citizen Zacarias Moussaoui began. Moussaoui is the only person charged with any connection to the September 11 terrorist attacks on the United States. Originally, he was nicknamed the would-be “twentieth hijacker.” But, as with several other prisoners alleged to be enemies of the United States, the government has dramatically altered its characterization of the charges against him as his case has progressed.

Moussaoui is facing the death penalty. Yet all the evidence suggests that he is no more mentally competent to be executed, than he was to enter into an agreement with the government to plead guilty, despite the lack of any benefit to himself from doing so.

To say this isn’t to diminish Moussaoui’s status. He’s a dangerous man who should be locked up – a sworn enemy to the United States. Indeed, enemy combatant status which would keep him locked up in military custody until the end of the war on terrorism would be appropriate.

The History of the Case: Another Government Bait-and-Switch

In April 2005, Moussaoui pled guilty to involvement in an al Qaeda conspiracy to hijack airplane and kills Americans. He also signed a government-prepared statement of facts relating to the case – facts the government said it was prepared to prove if his case had gone to trial.

The Statement of Facts indicates a troubling bait-and-switch on the government’s part – reminiscent of several other government “war on terror” bait-and-switches.

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