The Moussaoui Transcripts Revealed
John Rosenthal has an important piece in Policy Review that reveals the hidden truths about the Zacarias Moussaoui trial gleaned from never-before-published transcripts of his testimony. Rosenthal e-mails: “The transcripts reveal that on numerous issues — charges of prosecutorial misconduct, Moussaoui’s supposedly “troubled” childhood, and above all his supposed “desire for martyrdom” — the media completely distorted the evidence that was available to the jury in the courtroom. The actual record of the case provides clear insights into the 9/11 attacks and the nature of Jihadism more generally that were obscured in the sort of “parallel reality” created by the coverage in the major media.”
Here’s a choice excerpt. Read the whole thing:
…the most fundamental lesson to be learned from Moussaoui’s testimony is one that ought to have been perfectly obvious even without it: The 9/11 attacks were precisely attacks. They were not banal crimes actuated by banal criminal motives, as the trying of Moussaoui before an ordinary civilian jurisdiction would suggest. They were acts of war undertaken with the express purpose of inflicting damage upon a designated enemy: the United States.
Moussaoui laid out numerous particular grounds for accusing the court-appointed defense lawyers of what he styled “criminal non-assistance” (April 13, 2006; 3602), but the fundamental fact of his being at war with the United States was, as he made unmistakably clear, the single overriding reason for his refusing their representation. “What on earth is the problem for the jurors to know that this defense doesn’t belong to me?” he exclaimed, in defending his attempts to alert them to this fact during jury selection. “You own everything. You are America — the defense, the judge, the attackers. These people are American. I’m al Qaeda. I’m a sworn enemy of you. You, you, you, you, for me you are enemy” (February 14, 2006; 6). Apparently hoping to convince the jury that his client was delusional, Zerkin repeatedly asked Moussaoui whether he thought that Zerkin himself and the other defense lawyers were part of a “conspiracy” to kill him. “In a broad sense, yes,” Moussaoui responded during his March testimony, “because you are American, and I consider every American to be my enemy, so for me any American is meant to want my death because I want their death ” ( 2377–78). When Zerkin attempted to press the point, asking whether the judge and jury were also part of the “conspiracy,” Moussaoui interrupted him and insisted that he did not mean to refer to a conspiracy in the literal legal sense in which he himself had been charged. “When I refer to your conspiracy,” he explained, “it refer to you being an American . . . so, therefore, people like me are your enemy. I ’m an enemy combatant. So, in the broad sense, you are a part of this nation, so I assume that you are an enemy to me ” ( 2379). “I want to kill American people,” Moussaoui noted matter-of-factly when he took the stand again on April 13. “I believe that every American want to kill me, somehow. . . . You don’t like people like me out in the street. You can’t say that. You don’t want somebody like me out in the street. You want me either in jail or dead” (3654).
[...]
Asked by prosecutor Robert Spencer on cross-examination whether he remained prepared to kill Americans even in prison, Moussaoui answered “any time, anywhere” (3689). “No regret, no remorse, right, Mr. Moussaoui?” Spencer asked, alluding to his earlier reply to Zerkin. “No regret, no remorse,” Moussaoui confirmed. “Like it all to happen again, right?” Spencer asked. “Every day until we get here to you,” Moussaoui replied (3693). Having explained that according to chapter 9, verse 29 of the Quran, Muslims, as he put it, “have the obligation to be the super power” (3657) and hence to “subdue” the United States, Moussaoui also managed to invoke what the consequences for Americans would be if this goal was ever reached. “For the . . . American Jewish, we will exterminate them,” he specified. “For the Christian, it is different. . . . We have a way to accommodate them if they don ’t fight us” (3661).[...]
Criminal prosecution of al Qaeda leaders or operatives before civilian jurisdictions is clearly not effective action in this connection. Al Qaeda members are sworn to fight against America literally to the death. As Moussaoui explained, the preparedness to die in service to one ’s “emir” is the very meaning of the oath of allegiance or bayat that al Qaeda members have sworn to Osama bin Laden. It is, he said, a “death allegiance” (3672). Criminal prosecutions, even on death penalty charges, can have no dissuasive impact in this context. Especially if they are to be conducted according to the normal due process safeguards of American law, moreover, such trials involve major national security risks, the most obvious being that sworn enemies of the United States — “enemy combatants,” as Moussaoui called them, willingly assuming the mantle — will go free.
If there is a category of crime under which atrocities like the 9/11 attacks could be meaningfully prosecuted, it is precisely that of war crimes or — per the specification for mass crimes against a civilian population introduced by the Nuremburg Tribunal — “crimes against humanity”…
Read the whole thing.
This is why fighting the terrorists, wherever they are, is vitally important. Our President should be admired and praised for finally taking action against these sworn enemies, after almost a decade of inaction.
