{"id":53527,"date":"2016-09-30T11:27:00","date_gmt":"2016-09-30T16:27:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/legal-commentary\/the-first-zacarias-moussaoui-sentencing-verdict.html"},"modified":"2016-09-30T11:27:00","modified_gmt":"2016-09-30T16:27:00","slug":"the-first-zacarias-moussaoui-sentencing-verdict","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/legal-commentary\/the-first-zacarias-moussaoui-sentencing-verdict.html","title":{"rendered":"The First Zacarias Moussaoui Sentencing Verdict"},"content":{"rendered":"\n
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The First Zacarias Moussaoui Sentencing Verdict:
Eligible for Death Based on His Own Contradictory, Uncorroborated Testimony<\/span><\/h1><\/td>\n <\/tr>\n

By ELAINE CASSEL<\/h2><\/a><\/td>\n <\/tr>\n

Wednesday, Apr. 05, 2006<\/td>\n\n <\/tr>\n <\/table>\n

On April 3, after four days of deliberation, an Alexandria, Virginia federal court jury found Zacarias Moussaoui eligible for the death penalty — on the ground that he had conspired to use airplanes as weapons of mass destruction, resulting in the deaths of Americans on September 11. (The jury still must decide whether to impose the death penalty.)<\/p>

Prior to its finding, the jury heard some surprising in-court testimony: Moussaoui claimed for the first time that he and “shoe bomber” Richard Reid had planned to fly a plane into the White House, as a part of a plan that culminated in the September 11 attacks. He also led the jury to believe that he knew more about the planned attacks than anyone had imagined. <\/p> \n\n\n

Does that mean the case is now neatly tied up? Hardly. These “admissions” suffer from a dramatic lack of credibility, in the face of the rest of the evidence in the case (including doubts about Moussaoui’s competence).<\/p>

As a result, Moussaoui may be sentenced to death not for what he did or did not do, but for his lies about what he did or did not do or know.<\/p>

What the Evidence Against Moussaoui Truly Does Establish<\/b><\/p>

Here is what the evidence does<\/u> show that Moussaoui did, and knew: He was a supporter of al Qaeda. He traveled to the United States in an attempt to learn to fly an airplane, so that he might be a part of some scheme (the details of which he was not sure) to take place after a major attack (the date of which he did not know). <\/p>

Accordingly, prior to this sentencing trial, Moussaoui pled guilty in this proceeding to broad conspiracy charges – not to involvement in the September 11 attacks. <\/p>

Did that plea merit the death penalty? The government argued that it did because, while in immigration detention prior to September 11, under government questioning, Moussaoui failed to reveal what he knew about the plot – and thus, the government contended, he failed to prevent the September 11 attacks. They allege that before he invoked his right not to answer government questions, he lied when he said he knew nothing about any pending terrorism schemes.<\/p>

The problem with this argument, though, is that like all those facing custodial government questioning, Moussaoui had the Fifth Amendment right to remain silent. <\/p> Column continues below \u2193<\/a>\n\n