When The Circus Comes To Town

May 5, 2002

by Brian W. Peterson

"DATELINE: U.S. SUPREME COURT - MAY 2003 - The U.S. Supreme Court today overturned the conviction, and thus the death sentence, of so-called ’20th hijacker’ Zacarias Moussaoui. Citing myriad laws and Constitutional provisions, the Court also ruled that Moussaoui cannot be retried. The Moroccan-born member of al-Qaeda, who defended himself during his trial and called for the destruction of the United States, is a free man."

The circus is coming to town, brought to you by a member of al-Qaeda, no less. He may or may not act as his own counsel in court, but Zacarias Moussaoui will lead the circus.

Moussaoui has been charged with the federal crimes of: 1) Conspiracy to commit acts of terrorism; 2) Conspiracy to commit air piracy; 3) Conspiracy to destroy aircraft; 4) Conspiracy to use weapons of mass destruction; 5) Conspiracy to commit murder; 6) Conspiracy to destroy property.

Now examine the prosecution’s dilemma: 1) Moussaoui and most of his cohorts did not know each other; 2) Moussaoui did not actually commit any crimes on September 11; 3) Moussaoui attended a flight school, but no proof exists of his plans.

Every one of the charges against Moussaoui involves conspiracy.

Moussaoui is prepared to make his trial a show that will pale the spectacles of the O.J. Simpson trial or that of Bruno Hauptmann. In fact, he has already gotten a head start. He admitted to District Court Judge Leonie Brinkema that his claim of poor prison conditions was merely a ploy to get himself back into court so that he could fire his lawyers.

Said Moussaoui: “They (his lawyers) have no understanding of terrorism, of mujahideen.” He also said that he prays to Allah for the “destruction of Jewish people and state and for liberation of Palestine ... and the destruction of Russia and the return of Chechnya and ... the destruction of the United States of America.”

And this is only the beginning.

Imagine the federal prosecutors having to share evidence and intelligence information with Moussaoui if he represents himself.

Worst of all - whether or not he represents himself - there are still problems with Moussaoui’s actions versus his intent. He may have had the intent to kill Americans on September 11, but he did not actually commit a crime on that fateful day. If prosecutors cannot prove that he knew the other terrorists, how can they prove conspiracy?

Today Americans understand that members of al-Qaeda operate individually or in small cells which do not communicate with other cells or members of the organization. But that understanding does not equal proof of Moussaoui’s guilt.

There is little reason to doubt that Moussaoui is a terrorist and an enemy of America. As such, he should be executed, as should all of the terrorists at Guantanamo Bay. For reasons of our national security and the credibility of our justice system, Moussaoui should join his comrades-in-arms at Gitmo. Virginia isn’t for terrorists.

The threat to our national security is scant so long as Moussaoui does not have contact with other terrorists. But the credibility of our judicial system is a serious issue. Moussaoui is not an American, should not be afforded the protections of Americans, and should not be given the opportunity to turn his trial into a commercial for radical Islam.

There will be media coverage of the trial, of the outbursts, of the lawyers on the steps of the courthouse. America doesn’t need that circus.

If Moussaoui is given full rights and privileges of our judicial system, the High Court will likely strike down Moussaoui’s conviction - if he is convicted at all. There is a difference between “knowing” and “proving” facts. This is why our president has set up military tribunals: the terrorists do not deserve the same protections as do American citizens; and the standard of “beyond a reasonable doubt” is not a reasonable standard in war.

The circus is coming to town. Moussaoui should be shipped to Gitmo before the fun begins.

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Brian W. Peterson writes a political column for the Antelope Valley Press (circulation approximately 60,000) in Palmdale, California. He is a graduate of Oral Roberts University, where he majored in TV/Film. Brian’s weekly commentary and newspaper columns can be found at www.LifeAndLiberty.com.

Send the author an E mail at Peterson@ConservativeTruth.org.

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