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Government Says Moussaoui Was to Hijack a Fifth Plane

The Government springs another theory about what Zacarias Moussaoui was up to with Al Qaeda before September 11th. First, he was the "20th hijacker." Even Dick Cheney said so. Then he was to be a last resort in case something went wrong. Then he was supposed to be on a different mission, perhaps involving crop dusting planes.

Now, according to documents just unsealed, the Government has a new theory that Moussaoui was to pilot a 5th plane and crash it into the White House.

We think the Government is grasping at straws. Or playing us, the public, like a focus group--floating propositions of guilt and trying to see which one seems to catch on.

If there is one thing Moussaoui doesn't strike us as, it's a suicide bomber. He is fighting more to save his life than any other terrorism defendant we can think of. He speaks for himself, writes his own pleadings, attacks the Government and his own lawyers, and he won't cooperate or back down. He's a fighter. To the end. Are we really expected to believe that this man would fly an airplane on a suicide mission? No dice.

The Government said in court papers Monday it would keep Moussaoui's case in federal court. Today, the Fourth Circuit told the parties to work out a compromise on Moussaoui's judicially authorized interview of Ramzi Binalshibh. And now we learn the Government is considering switching theories for at least the third time.

Could it be the Government cannot figure out what Moussaoui's role was? Or is it tailoring the facts and its theory to fit within the charged conspiracy so it can get a conviction and death verdict against Moussaoui?

Moussaoui has protested too loudly that he wasn't part of September 11, although he acknowledges he knew about it and wanted it to succeed and is proud to be a member of Al Qaeda. He was a lousy pilot. No one would have trusted him to fly a major airliner.

In short, the Government knows Moussaoui wasn't part of Sept. 11--but to convict him on the conspiracy charge and have him sentenced to death, it must prove he was part of the September 11 conspiracy because that's what it elected to charge him with. If Moussaoui is part of a different conspiracy involving Al Qaeda than the one charged in the Indictment, it won't be enough.
Ashcroft would lose tremendous face.

The Government would have done better to charge that all of the Al Qaeda plans, even those not yet fully formed, were part of one over-arching conspiracy--that included the Sept. 11 attacks as well as those committed before and those planned after.

Not having done so, the Government is now trying to extend the Sept. 11 conspiracy by alleging that a fifth airplane attack was planned as part of the original Sept. 11 attacks--thereby falling within the same unlawful agreement.

This is so transparent.

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