Padilla and Moussaoui: Gov't. Seeks to Block Access to Witnesses
A federal judge ordered the Government to make three al Qaida witnesses, including Khalid Shaikh Mohammed and Ramzi Binalshibh, who are being held overseas in secret prisons where they likely have been tortured, available to Zacarias Moussaoui for interviews because they might have evidence that would show he was not part of the 9/11 attacks and might have evidence favorable to him on the issue of whether, if convicted, he should receive a sentence of life imprisonment or death. The Judge felt so strongly about this issue, that she ordered the Government be precluded from seeking death or introducing 9/11 evidence at his trial unless the Government made the three al Qaida members available for personal interviews.
The Government appealed and the Fourth Circuit agreed, but said written questions could take the place of live interviews. Moussaoui appealed to the Supreme Court which ultimately agreed that the witnesses should have been made available, but ruled the striking of the death penalty was too harsh a remedy.
Moussaoui then pleaded guilty to being a member of al Qaeda and providing material support to it, while denying he conspired to commit the 9/11 attacks and reserving the right to argue for life versus death at sentencing. The sentencing phase of the trial is set for January.
It's the same old song with Jose Padilla.
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