The Justice Department announced in court Thursday that it plans to seek the death penalty for Zacarias Moussaoui, who prosecutors believe intended to be the 20th hijacker on Sept. 11, setting the stage for potentially increased tensions with Moussaoui’s native France.
Moussaoui faces trial for allegedly conspiring in the Sept. 11 terrorist attacks, and prosecutors cited many factors as they notified his lawyers of their decision.
They said, for example, that the defendant committed his crimes “in an especially heinous, cruel and depraved manner, in that they involved torture and serious physical abuse to the victims.”
Prosecutors also noted the magnitude of the Sept. 11 death toll: “The actions of the defendant, Zacarias Moussaoui, resulted in the deaths of approximately 3,000 people from more than 15 countries (the largest loss of life resulting from a criminal act in the history of the United States of America).”
Moussaoui is the only person to be charged with involvement in the Sept. 11 attacks, in part because the 19 hijackers died in the crashes of four jetliners, and he has become a particular target of the wrath of prosecutors and the public.
John Walker Lindh, the American caught in Afghanistan with Taliban fighters, has been charged with conspiring to kill Americans but does not face the death penalty.
Moussaoui, 33, was indicted Dec. 11, and from the beginning few doubted that Atty. Gen. John Ashcroft would seek to execute him.
International ramifications
But Thursday’s decision has international ramifications, and France has said it will not cooperate with the Justice Department on the Moussaoui case.
French Foreign Minister Hubert Vedrine said he regretted Ashcroft’s decision and that his country “will ensure that any evidence it provides may not be used as the basis for seeking the death penalty, a verdict or sentence to that effect.”
Irwin Schwartz, president of the National Association of Criminal Defense Lawyers, which supports the abolition of the death penalty, said Ashcroft is making a grave mistake in taking lightly the concerns of U.S. allies about capital punishment.
“In the effort against terrorism worldwide, the United States has solicited and received cooperation from its principal allies in Europe,” Schwartz said.
“We ask them to send their troops, to give their support, but when it comes to dealing with terrorists off the battlefield, we will not consult them,” he added.
Ashcroft, at a news conference in Miami, acknowledged that France and other allies object to the America’s use of the death penalty, but he said the United States has the right to decide how to protect its people.
“We ask our counterparts in the international community to respect our sovereignty, and we respect theirs,” Ashcroft said.
The United States has executed about 20 citizens of other nations since the death penalty was reinstated in 1976. At least 12 of them were from countries with no capital punishment.
Executions of people from countries like Mexico and Germany have prompted protests but no major disruption of relations.
Moussaoui’s attorney, Frank Dunham, declined to comment on the death penalty decision. The defense has until April 18 to respond to the government’s announcement, and a hearing will be held the following month before U.S. District Judge Leonie Brinkema so she can decide if the government may proceed.
Angry with Ashcroft
Dunham reacted angrily to Ashcroft’s use of a news conference to announce Thursday’s court filing.
More Top Picks Best Dry Erase Boards For Adhd Planning
“We are distressed that the attorney general of the United States sees fit to hold a press conference every times he does anything in the case,” Dunham said. “He is going to make it really difficult to find an impartial jury if he keeps stoking public emotion by holding press conferences.”
Professional rules discourage attorneys in a pending case from talking publicly about it, he added.
“This is what happens when you turn an elephant loose into a china shop,” Dunham said of Ashcroft.
Justice Department spokesman Bryan Sierra said Ashcroft’s remarks merely echoed what the department said in its court papers.
“The attorney general’s comments were entirely consistent with the filing today,” Sierra said. “There’s really not much more to it.”
When a federal grand jury indicted Moussaoui in December, it outlined a series of actions he had taken–such as seeking flight training and receiving money from certain sources–that mirrored those of the Sept. 11 hijackers, allegedly proving he was a conspirator. Moussaoui was in custody on immigration charges when the Sept. 11 attacks occurred.
Many experts believe that if Moussaoui is convicted, he will receive the death penalty.
“I can’t help but think that if they are convinced that he was the 20th hijacker, there would be a sense of retribution and revenge wreaked on him,” Mary Cheh, a law professor at George Washington University, said, noting the press has frequently dubbed Moussaoui “the 20th hijacker.”
“He’s the only one available,” she added.