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Moussaoui went to work right away plastering the docket with pretrial motions with titles like "Motion to Stop the Cynical Comedy, Parody, of Justice Directed by DJ Brinkema," filed in July 2002, and "Motion to Stop the Pervert Game of the Fascist Bureau of Inquisition Against My Distraught Mother," filed last March. The government was not happy, fearing that Moussaoui would use the courtroom as a stage to promote al-Qaeda's cause and perhaps even send coded messages to other terrorists. At the same time, Moussaoui's fired defense lawyers, still on the case as standby counsel, worried that...

Author: /time Magazine | Title: How the Moussaoui Case Crumbled | 10/27/2003 | See Source »

...January, Brinkema said Moussaoui could take a videotaped deposition of Binalshibh, a ruling that the government quickly appealed. Binalshibh had reportedly told investigators that Moussaoui was considered too unreliable for the 9/11 attacks, did not know about them and was to be used only if absolutely necessary. In March, Khalid Sheikh Mohammed, the self-described mastermind of the 9/11 strikes, was captured in Pakistan, and three days later Moussaoui demanded access to him as well. As it turned out, Mohammed later told interrogators that Moussaoui was to be used for a separate attack unrelated to 9/11...

Author: /time Magazine | Title: How the Moussaoui Case Crumbled | 10/27/2003 | See Source »

...detained abroad as an enemy combatant in the midst of a war is beyond the court's power to compel his testimony," prosecutors said in their brief to the Fourth Circuit. But the appellate judges said it was premature for them to intervene, sending the case back to Brinkema. On July 14, the government announced it would defy her order to allow Moussaoui to depose Binalshibh. While Brinkema was mulling over sanctions, she also granted the defense access to two more witnesses held overseas, including Mohammed...

Author: /time Magazine | Title: How the Moussaoui Case Crumbled | 10/27/2003 | See Source »

...continued to file pleadings from his cell, but when he learned last April that the government, in a closed hearing, had presented a new theory of his role in 9/11--that he was meant to pilot a fifth plane into the White House in a separate attack--he called on Brinkema to send Ashcroft a multiple-choice question asking how he saw Moussaoui. "Death Judge you must force Ashcroft to tick the box," he scrawled. Each choice had a blank box next to it: "20th Hijacker," "5th Plane to Dark House," "I, Ashcroft don't know" and "Lets just kill...

Author: /time Magazine | Title: How the Moussaoui Case Crumbled | 10/27/2003 | See Source »

...Brinkema announced her sanctions against the government for defying her order to produce Moussaoui's witnesses, telling prosecutors that the death penalty was off limits and that they had to make their conspiracy case without reference to Sept. 11. Back in France, Moussaoui's elated mother said she had ceased to worry that "my son has one foot in this world and one foot in the death chamber." Brinkema, after evaluating the government's case and reviewing all the classified material, basically agreed with Moussaoui that he was only on the fringes of the 9/11 attacks. "It simply cannot...

Author: /time Magazine | Title: How the Moussaoui Case Crumbled | 10/27/2003 | See Source »

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