How the Moussaoui Case Crumbled
TIME in depth: A trial once described as a slam dunk is caught in a post—9/11 legal wrangle
By VIVECA NOVAK I WASHINGTON
. . . Nearly two years later, the government's case, which had been billed as a slam dunk, is a shambles. On Oct. 2, U.S. District Judge Leonie Brinkema said prosecutors could not seek the death penalty for Moussaoui and could not even allege that he had a link to the 9/11 conspiracy. She put those shackles on the government's case because it had denied the defendant, on national-security grounds, access to witnesses who were in a position to say whether he was part of the 9/11 gang—Ramzi Binalshibh, Khalid Sheikh Mohammed and other key al-Qaeda figures the U.S. has captured. Prosecutors are appealing the decision, with their first briefs due this week. But if they lose, they may be stuck with a precedent that would allow defendants access to avowed terrorists, perhaps inspiring the government in the future to try all such cases in military tribunals. Unless Moussaoui's prosecutors yank the case into a tribunal, it would mean that they would have to pursue much reduced charges. Instead of proving Moussaoui to be an actor in a plot that murdered thousands, they would have to accuse him of simply being a me-too schemer whose efforts went nowhere.
. . .after the terrorist attacks, investigators discovered that Moussaoui, who had lived in London and had a master's degree from South Bank University, had recently been to Pakistan and Malaysia and had spent time at a terrorist training camp in Afghanistan. Moreover, in a notebook he had the German phone number and alias of Ramzi Binalshibh, a key orchestrator of the 9/11 attacks and, like the hijackers, had been wired funds by him.
But from the start, the government's case against Moussaoui was utterly circumstantial, and the connection between the hijackers and him was mainly inferred from their similar profiles.
In fact, sources tell Time, the fbi has long believed that Moussaoui played no part in the 9/11 scheme and was only a minor player in al-Qaeda. Still, the Justice Department's December 2001 indictment laid out in chilling detail the 19 hijackers' activities in the months leading up to Sept. 11, alongside Moussaoui's doings over a similar time frame. Their tracks were roughly parallel, but direct contact between Moussaoui and the 19 was never alleged. The government charged him with being guilty, like them, of conspiring to commit terrorist acts, to destroy aircraft and to murder federal workers, and related offenses, "with the result that thousands of people died on Sept. 11, 2001."
MORE. . .