We don't know why so many think Moussaoui's actions today were surprising. We've been saying all along that he would not get through a guilty plea, that he would not admit to every element of the charges to which he was pleading, or to participation in (as opposed to knowledge of) the September 11 attacks.

Since Moussaoui has always refused to admit participation in the attacks, we think his behavior today was both predictable and consistent with his earlier denials. See, Moussaoui Withdraws Sept. 11 Conspiracy Guilty Plea

We are also skeptical about the Government being able to prove his participation in the conspiracy to commit the September 11 attacks. Does the Government have even a single witness that will testify he knowingly joined or participated in that particular conspiracy? We haven't heard of any.

He has admitted to being a member of Al Qaeda, and to having knowledge about who committed the attacks. In our opinion, that is not enough to make him a co-conspirator in the Sept. 11 attacks.

One more thing: If the Government's evidence is that Moussaoui was a member of a different conspiracy than the one charged in the Indictment, the jury will be instructed to acquit on the charged conspiracy. They can't win by proving a different conspiracy than the one charged in the Indictment.

So if Moussaoui was being used by Al Qaeda to commit some other terrorist act, e.g. one involving crop dusters on another day in another city or if he hadn't yet been activated, or if they decided his crummy flight training record didn't warrant him being involved in Sept. 11, this case is no slam dunk for the Government. In our opinion, of course.