Government Corruption |
Judge rules military can't disqualify enlistees with HIV |
2024-08-23 |
![]() U.S. District Judge Leonie Brinkema ruled on Tuesday that the Pentagon’s arguments barring HIV-positive individuals from military service were not "supported by the evidence." Clinton Appointee "Defendants’ policies prohibiting the accession of asymptomatic HIV-positive individuals with undetectable viral loads are irrational, arbitrary and capricious," the judge wrote. "Even worse, they contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals." Brinkema previously ruled in 2022 that the Defense Department could not prevent service members diagnosed after enlisting from deploying in active duty outside the continental U.S. nor from being commissioned as officers. Three plaintiffs who were either barred from entry or who were already enlisted and denied promotion due to their HIV status in this recent case argued that the Defense Department’s policy was unlawful based upon the due process of the Fifth Amendment and the Administrative Procedure Act. In defending its policy, the Defense Department listed that an asymptomatic HIV- positive individual still could pose risk to the military’s mission for they may not be taking their medicine on a regimented basis which could lead to their viral loads rising; HIV which is incurable could be transmitted to other service members either through "blood spatters or transfusions" and those living with HIV could suffer greater comorbidities impacting their health and ability to serve. The Pentagon also raised concerns that the military would endure "significant costs" in order to pay for the HIV treatment of HIV-positive individuals. Antiretroviral costs are estimated to be between $10,000 and $25,000 per person annually. |
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Ex-CIA man Kiriakou gets 2 1/2 years for leaks |
2013-01-25 |
Former CIA officer John Kiriakou was sentenced Friday to more than two years in prison by a federal judge who rejected arguments that he was acting as a whistleblower when he leaked a covert officer's name to a reporter. A plea deal required the judge to impose a sentence of 2 1/2 years. U.S. District Judge Leonie Brinkema said she would have given Kiriakou much more time if she could. Kiriakou's supporters describe him as a whistleblower who exposed aspects of the CIA's use of torture against detained terrorists. Prosecutors said Kiriakou was merely seeking to increase his fame and public stature by trading on his insider knowledge. The 48-year-old Arlington resident pleaded guilty last year to violating the Intelligence Identities Protection Act. No one had been convicted under the law in 27 years. |
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Feds can't find Somalis they say Va. man smuggled into U.S. |
2010-04-12 |
![]() Federal authorities say they're certain nearly 300 Somalis allegedly smuggled into the United States by a Virginia man who admitted contacts with an Islamic terrorist group are in the country, but they can't find them despite a worldwide search for leads. The search, first reported by the Washington Examiner, started in early February after Immigration and Customs Enforcement agents arrested Anthony Joseph Tracy on charges that he helped smuggle the Somalis into the United States from Kenya. The 35-year-old has since been indicted on charges of conspiring with Cuban Embassy officials in Kenya to help the Somalis illegally enter the United States. ICE Agent Thomas Eyre has testified that authorities are "concerned" about the contact Tracy admitted having with the Somali terrorist organization Al-Shabaab, an al Qaeda ally. On Friday, U.S. District Judge Leonie Brinkema questioned Assistant U.S. Attorney Jeanine Linehan about the status of the government's search for the illegal immigrants. "We have not identified anyone," Linehan said. "We believe all the individuals are present in the United States. But by the virtue of [Tracy's] successful smuggling scheme, we are having difficulty finding them." Eyre indicated in his testimony that authorities are trying to determine whether any of the Somalis are associated with Al-Shabaab. Nah, can't be, they're all economists. Or work at the local nursing home as assistants. Perhaps they're farmers. In a court filing, Linehan said agents and prosecutors have "issued numerous subpoenas, reviewed Department of Homeland Security records, and conducted witness interviews throughout the United States, as well as in Australia and Africa." According to court documents, Tracy helped the Somalis move to the United States by getting them travel visas to Cuba through contacts he had at the Cuban Embassy in Kenya. Tracy's attorney declined comment for this story. The Somalis are believed to have entered the United States through the border with Mexico after making a circuitous trip from Kenya to Dubai to Moscow to Cuba to South America then to Mexico and northward, Eyre testified. In March, federal prosecutors requested an extra month to indict Tracy because of investigation delays caused by the February snowstorms that battered Washington. Even with the indictment now in hand, Brinkema said the government's case could be "shaky" without authorities locating the Somalis. Tracy has been held without bail and his case has been scheduled for trial on May 17. |
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Moussaoui loses U.S. court appeal |
2010-01-06 |
Zacarias Moussaoui, the only person convicted in a U.S. court on criminal charges related to the Sep. 11, 2001, attacks, lost a bid on Monday to overturn his guilty plea and his sentence of life in prison. A U.S. appeals court rejected arguments by Moussaoui, who is serving his sentence at a supermaximum federal security prison in Colorado, that his guilty plea was invalid because the U.S. government failed to turn over classified evidence that could have helped in his defense. "Moussaoui challenges the validity of his guilty plea and his sentences" on the various counts, the appeals court said in its ruling. "We affirm Moussaoui's convictions and sentences in their entirety." Moussaoui, a French citizen of Moroccan descent, pleaded guilty in 2005 to taking part in an al-Qaeda conspiracy to crash hijacked planes into U.S. buildings. The conspiracy included the attacks on the World Trade Center in New York and the Pentagon. In 2006, a federal jury in Alexandria, Virginia, sentenced Moussaoui to life in prison, rejecting demands by prosecutors that he get the death penalty. Moussaoui testified at his trial that he was supposed to hijack a fifth plane and crash it into the White House. He was arrested several weeks before the Sept. 11 attacks after raising suspicions at a Minnesota flight school. A three-judge panel of a U.S. appeals court based in Richmond, Virginia, rejected arguments by Moussaoui's lawyers that his conviction should be overturned and he should be resentenced because his constitutional rights were violated. His attorneys had argued in the appeal that Moussaoui's trial preparations had been impaired because his lawyers could not tell him about classified evidence the government had that could have helped his case. His attorneys said Moussaoui had a fundamentally unfair trial and raised various other arguments, including that his choice of lawyer had been rejected. But U.S. Justice Department attorneys said U.S. District Judge Leonie Brinkema, who presided over the trial, made sure that Moussaoui understood his rights. They said Moussaoui wanted to plead guilty, against the advice of his lawyers, and that he knew the gist of the classified evidence in question. The court also rejected a request by Moussaoui to send the case back to Brinkema for further proceedings based on the government's disclosure of classified information while his appeal has been pending. "The finality of the guilty plea, entered knowingly, intelligently, and with sufficient awareness of the relevant circumstances and likely consequences, stands," the appeals court concluded at the end of a 78-page opinion. |
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India-Pakistan |
Mumbai Terror Group Trained American Jihadists |
2008-12-10 |
A growing chorus of intelligence officials in the U.S. and in south Asia have pinned the Mumbai attacks on the Kashmir-based militants Lashkar-e-Taiba. But there's been hardly any mention of the extremist group's deep ties to American-based jihadists. Since 2003, at least five U.S. citizens have been convicted in federal court of conspiring to provide material support to Lashkar-e-Taiba. At least nine more men, considered to be in the same larger circle, have been convicted of firearms violations and other felonies. (A partial list is here.) Several other cases are still making their way through the legal process. Islamic extremists in America have used Lashkar-e-Taiba ("LeT") as a "stepping stone" into the broader world of global terror, says Evan Kohlmann, a senior investigator at the NEFA Foundation. With easy-to-access training facilities, English-speaking recruiters, and connections to militants around the world, a Lashkar camp is "the best way for emerging jihadist to get trained." In April, 2000, for instance, Virginia native Randall Todd Royer (pictured) went to a LeT camp in Kashmir. The place wasn't hard to find, according to an opinion from U.S. District Judge Leonie Brinkema. Online newsletters gave out the group's phone number and e-mail address, with the assurance that "requests for information about the jihad in Kashmir are welcome." A recruiting center operated openly in Lahore, one of Pakistan's largest cities. Royer spent a month at the LeT camp, firing AK-47s and other weapons, and going through endurance training. In August, Seifullah Chapman made a similar trip, arranged by Royer, who called it a "straight path" to global jihad. There, Chapman spent thirty days in "weapons training" and "performing military drills." Then, on September 16, 2001, Royer and several of his would-be militant friends gathered to decide what to do in the wake of the 9/11 attacks. When the meeting broke, Ibrahim al-Hamdi, Yong Ki Kwon, Muhammed Aatique, and Khwaja Mahmood Hasan had all "agreed to go to LeT for training," according to Judge Brinkema. "Each of them had the intent to receive training that would allow him to proceed to Afghanistan and fight on behalf of the Taliban and Mullah Omar against United States troops." Days later, all four were in the LeT office in Lahore, where they saw posters of a boot trampling the American flag, and the U.S. Capitol in flames. They traveled on to a Lashkar camp, where they fired AK-47s, anti-aircraft guns, and rocket-propelled grenades. None of them made it to the Afghan fight. But in December 2001, two of the men, Khan and Kwon, were asked "to return to the United States, gather information, and spread propaganda." A year later, Khan was purchasing drone aircraft parts, and gave them to a LeT operative. Nobody in this Virginia-based circle was about to be confused with Osama Bin Laden. These were newbies with violent intentions, not master terrorists. But Lashkar served as a kind of filter for the broader jihad movement -- sorting out who should stay wannabe, and who should go to the next level. One of the people who was moved up was Australian David Hicks. The group trained him, and then provided him "with a letter of introduction to Al Qaeda in 2000," the L.A. Times notes. Hicks went on to fight for the Taliban regime. "He was released from the U.S. military prison at Guantanamo Bay, Cuba, last year after pleading guilty to providing material support for terrorism." American investigators continue to find domestic links to the Kashmir-based group. In 2007, Mahmud Faruq Brent was convicted of providing material support to LeT, after he admitted to attending one of their training camps. Federal prosecutors in Atlanta are still trying Syed Haris Ahmed and Ehsanul Islam Sadequee for aiding LeT. They trained the Kashmiri group's camps, and then tried to get other Americans to do the same -- two more strands in Lashkar's network of ties to the United States. "If you're hard-core about global jihad, you eventually outgrow what Lashkar has to offer -- unless you want to fight India, of course," Kohlmann says. But the group is "still being used by individuals around the world to start their jihad training." |
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Al-Arian arraigned on contempt charges |
2008-07-01 |
![]() Al-Arian's attorney, Jonathan Turley, wrote on his blog that the court where Al-Arian is being prosecuted "is called the 'Rocket Docket' because it prides itself on moving these cases at a breakneck pace." Al-Arian's arraignment had been scheduled for the morning, but was moved to the afternoon "due to the failure of the government to transport him to the courthouse," Turley said on his blog. At the arraignment, Al-Arian did not enter a plea, but the judge entered a not guilty plea for him, Turley wrote in his blog. Al-Arian's trial is scheduled for Aug. 13. Al-Arian was prosecuted in Tampa on terrorism-related charges alleging he was a lead U.S. fundraiser for the Palestinian Islamic Jihad, a U.S.-designated terrorist organization in Israel. A federal jury in 2005 failed to convict him of any charge, but deadlocked on nine counts. He later struck a deal with prosecutors, pleading guilty to one count of providing assistance to the Palestinian Islamic Jihad. He has completed his sentence for that charge, but has been held on successive civil contempt charges for refusing to testify before a Virginia grand jury investigating alleged terrorist financing by charities there. During the Tampa trial, the government presented evidence that Al-Arian's think tank, World and Islam Studies Enterprise, received funding from the International Institute of Islamic Thought, based in Herndon, Va. The institute's offices were raided in 2002 as part of the investigation into World and Islam Studies Enterprise. Turley wrote on his blog that Al-Arian has been indicted for failing to provide information about the institute, even though he doesn't have any information to give. Stetson Law School professor Charles Rose said criminal contempt charges such as these are rare. "I just can't imagine that this is still around," Rose said. "You almost never see a charge of criminal contempt, historically, unless you're dealing with organized crime. They're treating Sami Al-Arian like he is a member of a criminal organization." |
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Hayden Says CIA Videotapes Destroyed | ||||||
2007-12-07 | ||||||
![]() The disclosure brought immediate condemnation from Capitol Hill and from a human rights group which charged the spy agency's action amounted to criminal destruction of evidence.
"The tapes posed a serious security risk," Hayden wrote. "Were they ever to leak, they would permit identification of your CIA colleagues who had served in the program, exposing them and their families to retaliation from al-Qaida and its sympathizers."
Rep. Jane Harman of California, then the senior Democrat on the House Intelligence Committee and one of only four members of Congress informed of the tapes' existence, said she objected to the destruction when informed of it in 2003. "I told the CIA that destroying videotapes of interrogations was a bad idea and urged them in writing not to do it," Harman said.
Jennifer Daskal, senior counsel with Human Rights Watch, said destroying the tapes was illegal. "Basically this is destruction of evidence," she said, calling Hayden's explanation that the tapes were destroyed to protect CIA identities "disingenuous." The CIA only taped the interrogation of the first two terror suspects the agency held, one of whom was Abu Zubaydah. Zubaydah, under harsh questioning, told CIA interrogators about alleged 9/11 accomplice Ramzi Binalshibh, Bush said in 2006. Binalshibh was captured and interrogated and, with Zubaydah's information, led to the capture in 2003 of Khalid Sheikh Mohammed, the purported mastermind of the 9/11 attacks. Hayden said a secondary reason for the taped interrogations was to have backup documentation of the information gathered. "The Agency soon determined that its documentary reporting was full and exacting, removing any need for tapes. Indeed, videotaping stopped in 2002," Hayden said. Hayden's message was an attempt to get ahead of a New York Times story about the videotapes. ![]()
Beginning in 2003, attorneys for al-Qaida conspirator Zacarias Moussaoui began seeking videotapes of interrogations they believed might help them show their client wasn't a part of the 9/11 attacks. These requests heated up in 2005 as the defense slowly learned the identities of more detainees in U.S. custody.
Last month, the CIA admitted to Brinkema and a circuit judge that it had failed to hand over tapes of enemy combatant witnesses. Those interrogations were not part of the CIA's detention program and were not conducted or recorded by the agency, the agency said. "The CIA did not say to the court in its original filing that it had no terrorist tapes at all. It would be wrong to assert that," CIA spokesman George Little said. | ||||||
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Report: Lone Juror Kept Moussaoui Alive | |
2006-05-12 | |
The foreman, a math teacher in Northern Virginia, told The Washington Post that jurors voted three times - 11-1, 10-2 and 10-2 - in favor of the death penalty on the three terrorism charges that each qualified Moussaoui for execution. On April 26, the third day of deliberations, the jury's frustrations reached a critical point because of several 11-1 votes on one charge. But no one could figure out who was casting the dissenting vote, the foreman said, because that person didn't identify himself during any discussion - and each of the votes were done using anonymous ballots. ``But there was no yelling,'' she said in an interview for the Post's Friday editions. ``It was as if a heavy cloud of doom had fallen over the deliberation room, and many of us realized that all our beliefs and our conclusions were being vetoed by one person. ... We tried to discuss the pros and cons. But I would have to say that most of the arguments we heard around the deliberation table were'' in favor of the death penalty.
U.S. District Judge Leonie Brinkema had ordered the identities of the jurors withheld for security reasons. The Post said the foreman contacted the newspaper and was interviewed on the condition of anonymity by a reporter who recognized her from the trial. | |
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Experts don't expect more Moussaoui trials |
2006-05-07 |
Even with Zacarias Moussaoui's trial in federal court complete, legal experts don't expect to see top captured al-Qaida operatives brought into civilian courts soon, or perhaps ever. Moussaoui, the inept al-Qaida conspirator who was in jail on Sept. 11, 2001, was sentenced this week to consecutive life sentences after a 4 1/2-year legal battle that cleared hurdles many thought were insurmountable. Defense lawyers questioned how fair it was for Moussaoui to face a potential death penalty while a handful of so-called "high value" al-Qaida captives, like Sept. 11 mastermind Khalid Shaikh Mohammed and coordinator Ramzi Binalshibh, are held at secret locations with no charges. Prosecutor David Raskin told jurors: "True, they don't face the death penalty now, but they are giving information. What do think is going to happen to them when the information runs dry?" Raskin's colleague David Novak went further: "They're going to face justice, just like this defendant does, when their interrogation time is over." But neither Raskin nor Novak said specifically where these enemy combatants would face justice U.S. civilian courts or military tribunals or elsewhere. "The successful conclusion of the Moussaoui trial reaffirms that even those in military detention may at some point by tried in a civilian court," Georgetown University law professor Viet Dinh said in an interview. That option was bolstered by "the way they found to protect the rights of the defendant and the government's interest in keeping some secrets," added the former top Justice Department official. But speaking Friday to European counterparts in Austria, Attorney General Alberto Gonzales wasn't just keeping the civilian court option open. "There are cases in which our criminal justice system is the appropriate way to deliver justice," Gonzales said. "But there also are instances in which the national security of the United States requires a military response such as detaining enemy combatants and making use of military commissions." Some doubt the Moussaoui experience will open the courtroom door for other terrorists. Bill Goodman, legal director of the Center for Constitutional Rights, which has arranged lawyers for enemy combatants detained at Guantanamo Bay, Cuba, dismissed the promises of Raskin and Novak as mere "lawyer talk." "They have no idea what's going to happen to those people," Goodman said. Goodman believes Moussaoui's trial "shows civilian courts are absolutely equipped" to handle terrorist cases. The Bush administration's military commissions, just beginning trial work at Guantanamo, fail to protect defendants' rights, he said. The legitimacy of those commissions is before the Supreme Court, expected to rule before July. But Goodman doubts the government wants to use civilian courts for terrorists because U.S. judges wouldn't stand for the abuse allegedly used to extract confessions from al-Qaida operatives. Confessions obtained under torture or many forms of duress are inadmissible in U.S. courts. For instance, Mohamed al-Qahtani, the "20th hijacker" who missed participating in the Sept. 11 attacks, confessed to his role only after he was threatened with dogs, forced to wear a bra and a thong, and interrogated 18 to 20 hours a day for over a month, according to a military investigation. More extreme techniques have allegedly been used against Shaikh Mohammed. "The conditions and circumstances of their secret detention and the question of whether they have been tortured would make a trial in civilian court very difficult," said Lawrence Barcella, a longtime federal prosecutor now in private practice. U.S. District Judge Leonie Brinkema, who presided over Moussaoui's trial, said the experience proved civilian courts can solve problems posed by unruly defendants, records that number over a million documents, and the government's need to keep some evidence secret. Many had questioned "whether this case should have been tried (at all), whether it should have been tried in this courthouse or in a military tribunal," Brinkema noted. Trial lawyers "had to work around classification issues that were at one point, we all thought, insurmountable," she said. Yet "this evidence was able to be brought together in a format and presented openly in a public court of law." One issue that threatened to derail the trial was how to accommodate Moussaoui's right to call captured enemy combatants to testify in his defense. An appeals court agreed with the government that bringing them to court or even allowing Moussaoui's lawyers to question them would endanger national security. Defense lawyers were forced to rely on summaries distilled from their interrogations. Prosecutors and defense lawyers also crafted declassified substitutes for some documents and even showed the jury two secret documents that weren't read aloud or put in the public record. Dinh said the case of Jose Padilla shows that military detainees can still end up in civilian courtrooms. Once accused of plotting to detonate a radioactive "dirty bomb" in a U.S. city after the Sept. 11 attacks, Padilla a U.S. citizen arrested in Chicago was held in a military prison without charges for 3 1/2 years. Last year, he was transferred to civilian court to face less sensational charges of helping provide recruits, money and supplies to Islamic extremists worldwide. Whether other detainees follow Padilla into court will depend on what procedures were used in their detention and how much evidence prosecutors were able to obtain independently of the interrogations, Dinh said. |
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Moussaoui Deliberations Delayed; Juror Ill | |||
2006-04-28 | |||
ALEXANDRIA, Va. (AP) - Jury deliberations in the Zacarias Moussaoui sentencing trial were suspended Thursday after a juror called in sick.
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U.S. Seeks Reversal of Moussaoui Ruling | ||||||
2006-03-16 | ||||||
At the very least, the prosecutors argued they should be allowed to present a newly designated aviation security witness who had no contact with the offending lawyer, Carla J. Martin of the Transportation Security Administration. They said this would ``allow us to present our complete theory of the case, albeit in imperfect form.'' ``The public has a strong interest in seeing and hearing it (aviation security evidence), and the court should not eliminate it from the case, particularly not ... where other remedies are available,'' they wrote Brinkema.
The sentencing trial that began last week will determine whether he is executed or spends life in prison without possibility of release. Brinkema has delayed the trial until Monday while prosecutors appeal. Prosecutors argued the sanctions imposed Tuesday were unnecessarily severe. The judge barred several key witnesses from testifying as punishment for the government's misconduct. Brinkema's sanctions make it ``impossible for us to present our theory of the case to the jury,'' the prosecutors said, adding that the barred testimony ``is one of the two essential and interconnected components of our case.'' They also emphasized that six witnesses improperly coached by Martin testified at an evidentiary hearing Tuesday that their testimony would not be influenced by her actions.
They say these measures combined would have prevented at least one death that day on which nearly 3,000 were killed as three hijacked jetliners were flown into the buildings and a fourth crashed in a field in Pennsylvania. This is crucial to the government case because to get a death penalty prosecutors must show an action of Moussaoui's - his lies, in this case - led directly to at least one death on 9/11.
In their compromise proposal, prosecutors suggested they would drop efforts to argue the Federal Aviation Administration would have barred small knives, like those used by the hijackers, from planes and would have altered its terrorist screening profiles to catch the terrorists. Instead, they would call one witness, whom they did not identify, who worked at the FAA in August 2001 and could discuss the government's use of ``no-fly'' lists to bar specific, named terrorists from planes and how those lists evolved over the years. Prosecutors have acknowledged they may have no viable case if Brinkema's ruling stands. ``We don't know whether it is worth us proceeding at all, candidly, under the ruling you made today,'' Assistant U.S. Attorney Rob Spencer said in an unusually blunt assessment during a conference call Tuesday. Spencer went on to say that resuming the trial under these conditions would ``waste the jury's time and the court's time, and we're all mindful of the expense of this proceeding.''
Martin coached witnesses on their testimony, sent them trial transcripts that she urged them to read and warned them to be prepared for certain topics on cross-examination. That violated trial rules preventing witnesses from being exposed to trial proceedings so that they do not alter their testimony based on what they learn. She also misrepresented to defense lawyers that witnesses they wanted to call weren't willing to talk with them before trial.
Eric Holder, a former deputy attorney general, said in an interview Wednesday he expected prosecutors to exhaust all options pursuing the case. ``Agree or disagree with the decision to seek death, once you have committed to that course of action, you have to do all that you can to obtain that ultimate punishment.'' | ||||||
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For those who missed it, Moussaoui pleads guilty |
2005-04-23 |
During a tense, 50-minute hearing in federal court here Friday, al-Qaeda member Zacarias Moussaoui admitted that he was part of a broad, radical Islamist conspiracy to fly planes into U.S. buildings. But Moussaoui, 36, who faces a possible death sentence, insisted that he was not part of the 9/11 hijacking plotand dared prosecutors to show him where, in the confession he signed, it says that he was part of the deadliest terrorist attack on U.S. soil. "Everybody knows that I am not 9/11 material," Moussaoui said in French-accented English. "That's not my conspiracy." Instead, Moussaoui, defiant as ever in his first public court appearance in several months, said, "I am guilty of a broad conspiracy to use planes as weapons of mass destruction to strike the White House" as part of another plot, planned for another day during a second wave of attacks after 9/11. "My conspiracy," Moussaoui said in deliberate, loud voice, called for him to hijack a 747 jet and fly it into the White House if the U.S. government refused to free Sheikh Omar Abdel Rahman. Rahman, who is known as "the Blind Sheikh," is an Egyptian cleric who was convicted and sentenced to life in prison for crimes related to the 1993 World Trade Center bombing and the 1995 plots against New York landmarks. Asked by U.S. District Judge Leonie Brinkema whether anyone had promised that he would receive a lighter sentence in exchange for his guilty pleas, Moussaoui said, "Not at all. I can't expect leniency from the Americans." Attorney General Alberto Gonzales and U.S. Attorney Paul McNulty said they did not dispute Moussaoui's account. "In a chilling admission of guilt, Moussaoui confessed to his participation," Gonzales said. "Moussaoui and his co-conspirators were responsible for the deaths of thousands of innocents each one a son or daughter, father or mother, husband or wife." Moussaoui's guilty pleas to all six conspiracy chargesmade over the objections of his court-appointed defense attorneysdoes not end the case that Bush administration officials had hailed as the only prosecution in the United States for the 9/11 conspiracy. In the coming months, a jury likely will be selected to decide whether Moussaoui should be executed or spend the rest of his life in prison. The so-called "death phase" will be a mini-trial, where prosecutors will call survivors and relatives of the victims of the 9/11 attacks to testify. Moussaoui, a French citizen of Moroccan descent, vowed "to fight every inch against the death penalty," by arguing to the jury that he played no role, not even a "minor" one, in the 9/11 plot. Earlier this week, when he met with Brinkema in a secret hearing, he said he had told her that he wanted to bypass the death trial and be sentenced immediately. But he said Friday that he had changed his mind. "I will not apply for death," he said. For the past two years, Moussaoui's case has been bogged down in a legal battle that pitted national security against a defendant's right to a fair trial. Moussaoui had sought access to three captured al-Qaeda operatives whom he said could exonerate him of the 9/11 plot. When then-Attorney General John Ashcroft refused to provide the access, citing national security reasons, Brinkema ruled that prosecutors could not seek the death penalty. But the U.S. Circuit Court of Appeals for the 4th Circuit in Richmond reinstated the death penalty and ordered Brinkema to craft summaries of what the three witnesses would say about Moussaoui's role, if any, in the 9/11 attacks to present to a jury. Moussaoui has been in U.S. custody since August 2001, when he raised suspicions of a Minnesota flight school instructor by insisting on learning only how to take off and land commercial jets and by expressing unusual interest in the operations of doors on the planes. His visa expired, Moussaoui was taken into custody by the then Immigration and Naturalization Service, while FBI agents in Minneapolis tried unsuccessfully to convince their supervisors in Washington that the flight student with radical Islamist views might be part of a terrorist plot. To the independent commission that was created to investigate the 9/11 attacks, Moussaoui was "an al-Qaeda mistake" and "a missed opportunity" for the FBI to unravel and prevent the deadly plot. But to Brinkema, Moussaoui has been an eageralthough difficult at timesstudent of American law. Describing him as "extremely intelligent," the judge said, "He has a better understanding of the legal system than some lawyers who have appeared in this court." In hundreds of hand-written motions, Moussaoui was vicious in his criticism of Brinkema, prosecutors and especially his own defense attorneys, whom he accused Friday of "ineffective assistance of counsel." When he entered Brinkema's courtroom Friday, Moussaoui stared at spectators as he walked slowly to the defense table in the heavily guarded, packed courtroom. A half-dozen relatives of 9/11 victims stared back. He took nearly five minutes to re-read and sign a five-page, 23-paragraph "statement of facts" prepared by the government that he said he had already read "10 times." And when he exited the courtroom, Moussaoui shouted, "God curse America." Moussaoui also gave the 9/11 plot's mastermind, Khalid Shaikh Mohammed, a difficult time, according to the 9/11 Commission's report. After Mohammed sent Moussaoui to Malaysia for flight training, Moussaoui balked at the schools there, saying he was unable to find one he liked, the report said. Instead, the commission said, Moussaoui worked on other terrorist schemes, such as buying four tons of ammonium nitrate for bombs that he wanted to plant on cargo planes bound for the United States. When Mohammed found out, he recalled Moussaoui to Pakistan and told him to go to the United States for flight training, according to the report. Mohammed has denied during interrogations that he ever considered Moussaoui for the 9/11 plot, the report said. Instead, he claimed that Moussaoui was supposed to have participated in a "second wave" of attacks that faltered because Mohammed was too busy with the 9/11 plot and because two other operatives slated to participate with Moussaoui had backed out. But Mohammed may have felt he had no choice but to consider including Moussaoui "as another possible pilot" in the 9/11 plot, the 9/11 Commission said. Two hijacker-pilotsMohamed Atta and Ziad Jarrah weren't getting along in the months before 9/11. Jarrah had a girlfriend in Germany and had refused to cease contact with her or his family, angering Atta, the lead hijacker. And, the report said, Moussaoui had special status, having been hand-picked by Osama Bin Laden himself. But Mohammed was not enamored of Moussaoui, whom he called "Sally" in coded messages to another al-Qaeda operative, Ramzi Bin al-Shibh, a Yemeni cleric who tried but failed four times to get into the United States to participate in the 9/11 plot, the report said. As a result of his uneasiness about Moussaoui, Mohammed kept the fiery operative apart from the 19 Sept. 11 hijackers, and the 9/11 Commission said there is no evidence of any contact between Moussaoui and Atta. Ultimately, Jarrah and Atta resolved their differences and Moussaoui was not needed on 9/11. Jarrah was the pilot of United Flight 93, which crashed in Pennsylvania after passengers revolted against the hijackers. Atta was the pilot on American Flight 11, the first plane to strike the World Trade Center in New York. Bin al-Shibh told U.S. interrogators that Mohammed did not learn of Moussaoui's August 2001 arrest until after 9/11. Had Mohammed and Bin Laden known of the arrest, Bin al-Shibh said, they might have cancelled the operation. |
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