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Moussaoui may be his own worst enemy
(CNN) -- A federal judge tried to save the accused man from himself, but Zacarias Moussaoui, the only suspect facing charges in the September 11 terrorist attacks, wasn't having it. It seemed nothing would stop Moussaoui from digging what seemed to be his legal grave. He made incriminating statements that became part of the court record. As he began declaring "I'm guilty" during an arraignment hearing Thursday, the judge tried to silence him. But Moussaoui ignored her. He admitted being part of al Qaeda and divulged that he swore loyalty to Osama bin Laden. Then, regarding the attacks, Moussaoui said: "I know exactly who done it. I know which group, I know who participated and when it was decided." Still, the judge tried to help him. When Moussaoui told Judge Leonie Brinkema that he had been part of a conspiracy since 1995, she advised him to take it up with prosecutors, possibly as part of a plea deal, and ended his confessions by recessing the hearing. He'll face her again in a week after taking time to think about whether he still wants to plead guilty.
So what happens next? Did his loose lips guarantee the death penalty? CNN legal analyst Jeffrey Toobin says execution is still a possibility, and maybe that's what Moussaoui really wants – martyrdom. "Moussaoui does have an absolute right to plead guilty to the indictment. If he pleads to every count against him, there is really nothing the government can do to stop him," Toobin said. "That would only move us to the next phase of the case, which would be the penalty phase. There, a jury would be selected. There would be a whole mini-trial beginning and ending with the question of: Should Moussaoui be executed? "This is, of course, very unusual. When somebody pleads guilty, usually it's part of a deal to spare him of the death penalty," Toobin said. "...If you believe, as the government has charged, that... he was going to be the 20th hijacker, he was willing to kill himself for the cause. He seems to be willing to kill himself through the intermediary of the United States government; that is, be executed for the cause." As she has on two previous occasions, Brinkema entered a not-guilty plea for Moussaoui, and the court then moved on to other pre-trial issues, such as the handing over of evidence. Standby defense attorney Frank Dunham Jr. told CNN he didn't think Moussaoui was agreeing to plead guilty to the charges he faces. "If someone went over the indictment with him line by line I don't believe he'd agree to all of the charges," said Dunham, who was not in the courtroom Thursday. "What he's admitting to is not consistent with what he's charged with." Moussaoui has filed 94 hand-written motions since he declared his desire to represent himself in April. Moussaoui had repeatedly requested the counsel of a Muslim attorney, who had not registered with the court as required and so has not been allowed to represent him. The four counts he faces that carry a potential death penalty are conspiracy to commit acts of terrorism transcending national boundaries; conspiracy to commit aircraft piracy; conspiracy to destroy aircraft and conspiracy to use weapons of mass destruction. Assistant U.S. Attorney Robert Spencer told the judge the government would accept a plea of guilty from Moussaoui next week, if he were to offer it again. Investigators believe Moussaoui, a French national of Moroccan descent, was to have been the "20th hijacker" in the September 11 attacks. He was being held on immigration violations at the time of the attacks. |
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