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The Moussaoui transcripts revealed

By Michelle Malkin  •  December 12, 2007 08:21 AM

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).

Anyone reading Moussaoui’s testimony — especially the transcript of his second appearance on the stand — could hardly doubt the wisdom of this assessment. His second appearance came on the heels of several days of emotional testimony by survivors of the 9/11 attacks and family members of victims. Asked by Zerkin whether he felt any regret for the suffering the attacks had caused them, Moussaoui answered “not whatsoever” and bluntly stated “we done it for this”:

We wanted to inflict pain on your country. . . . I’m glad they have received pain, I’m glad their family are suffering pain, and I wish there would be more pain, because I already can forecast, after tomorrow, next week, the week after, the children of Palestine will be in pain. The children of Chechnya will be in pain. . . . I want you to share in the pain. (3664–65)

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).

Although Moussaoui was unquestionably a part of the “broader” 9/11 plot, there is no evidence of his having made any material contribution to the attacks that occurred. His only contribution was negative. All that he did — and all that prosecutors accused him of doing — was to lie to fbi investigators about his activities in order to protect the plot from being exposed. Not having had the benefit of the obvious organizational skills of Mohammed Atta, moreover, his own operation was so ill-prepared that there is serious reason to doubt that it would have come off even if he had not been arrested. There is even some evidence that Moussaoui himself doubted that it would happen. (He is known, for instance, in early 2001 to have asked an Oklahoma City Imam for help in finding a wife.) It is likely this fleeting, intangible quality of Moussaoui ’s role — and not the tricks of the defense lawyers — that finally convinced at least one juror to refuse the death penalty. Indeed, under ordinary circumstances — and if Moussaoui had not himself foreclosed the option by pleading guilty — acquittal ought to have been a real possibility.

But as Moussaoui’s own words underscore — “I want to kill American people. . . . You don’t want somebody like me out in the street” — even if innocent of specific charges, how could such a man be set free? A further derivative lesson of his testimony is thus the inappropriateness of a civilian jurisdiction for handling cases like that of Moussaoui. As far as al Qaeda and al Qaeda members are concerned, the 9/11 attacks were merely one “operation” in a broader and longer war on America that is ongoing. “It is a long way before we reach [get] you,” Moussaoui predicted, “but we will reach you” (3688). Yet even as al Qaeda remains at war with the United States, a large part of the American political and media elite — to say nothing of their European counterparts — appear dedicated to preventing the United States from being at war with al Qaeda and taking effective action in its defense.

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”…

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Comments

  1. #1
    On December 12th, 2007 at 8:42 am, PBoilermaker said:

    He is an animal and he needs to be put down like one.

  2. #2
    On December 12th, 2007 at 8:45 am, PBoilermaker said:

    Yet even as al Qaeda remains at war with the United States, a large part of the American political and media elite — to say nothing of their European counterparts — appear dedicated to preventing the United States from being at war with al Qaeda and taking effective action in its defense.

    This is what is so sad, maddening and dangerous. We need real leaders now more than ever. Unfortunately, they are in very short supply and that supply is continually dwindling.

  3. #3
    On December 12th, 2007 at 8:47 am, 30 pcs of silver said:

    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.

    I beg to differ. Al Qaeda members may be sworn to fight against America; however, this directive is born of the Qu’ran and every Muslim is persuaded to fight against infidels as anyone who is not Muslim must be brought before the altar of Islam and choose three things. 1) convert 2) submit (pay the jitza) 3) die.

    It’s pretty deceptive on Moussaoui’s part to claim that only those Muslims in Al Qaeda are threats to US.

    It is, he said, a “death allegiance” (3672).

    Agreed.

  4. #4
    On December 12th, 2007 at 8:55 am, Tennessee Dave said:

    Yet even as al Qaeda remains at war with the United States, a large part of the American political and media elite — to say nothing of their European counterparts — appear dedicated to preventing the United States from being at war with al Qaeda and taking effective action in its defense.

    How is it that the media and certain politicians don’t get this? al Qaeda & other extremists want to kill us just because we’re Americans. Just having that one qualification marks you for death in their eyes.
    It doesn’t matter if you’re liberal, conservative, or middle of the road–al Qaeda and the Jihadists want you dead because you are an American.
    If captured or cornered by these animals, trying to save your skin by claiming to be sympathetic to their cause will only make you look weak in their minds.
    It’s pitiful that some folks just don’t get it.

  5. #5
    On December 12th, 2007 at 9:00 am, jfish said:

    Michelle, thanks for finding and sharing this analysis. The outright corruption and misreprensentation in the MSM of what’s going on out there beyond the scope of our daily lives is just maddening. In our current context, therefore, it is vitally important to have these reminders of clear truths. We’re not responsible for this war; Islam predates the establishment of Plymouth Rock by 1,000 years, and their own doctrine drives them against the US as it has driven them against every other power they have encountered.

    It is a war whether the MSM want it to be or not, and if we do not pursue it we will pay an ongoing price.

  6. #6
    On December 12th, 2007 at 9:04 am, Boomer said:

    This animal’s own testimony should be enough to have walked him to the gallows. He is an unlawful enemy combatant, which deserves the old Hague Conventions allowing the execution of spies and saboteurs during time of war. I wonder how many more people must die in another mass casualty attack before the MSM gets it. The corruption of the old media is dooming them to the dust bin of history as collaborators and/or appeasers of Islamic fascists. Like Winston Churchill once said, “An appeaser is one who feeds a crocodile, hoping it will eat him last.”

  7. #7
    On December 12th, 2007 at 9:10 am, TexasTiger said:

    From the Policy Review article:

    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” 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”

    Forewarned is forearmed. Here’s a tip for all the jihadis out there: We will fight you. Well, at least the Republicans will.

  8. #8
    On December 12th, 2007 at 9:42 am, uhangtight said:

    we have a very serious enemy on our hands. enemy combatants or enemy soldiers they are still at war with us. we need to wake up.

  9. #9
    On December 12th, 2007 at 9:51 am, bfly1133 said:

    How is it that these statements aren’t plastered all over every media outlet? Oh yeah, I forgot….this doesn’t fit into their agenda.

  10. #10
    On December 12th, 2007 at 9:53 am, LarryD said:

    How is it that the media and certain politicians don’t get this?

    It’s called denial.

    In the short-term, psychological denial can help a person maintain their sanity–which would be threatened by awareness of a painful truth or reality
    In the short-term, denial can help a person function day to day
    In the short-term, denial can prevent a person from having to acknowledge painful thoughts, feelings or behavior and help them maintain a world view threatened by an unacceptable reality or truth

    A lot of the MSM and politicians are in mild denial. They are deluding themselves that al Qaeda, Iran, et al are not a real threat (at least to them, the little people are expendable). And they pander to those who are more seriously deluded, the BDSers, the conspiracy theorists, etc.

    Sen. Lieberman is one of the few who gets it. Which is why the serious deniers ran him out of the party. Anyone who threatens the delusion will be treated that way.

  11. #11
    On December 12th, 2007 at 10:29 am, deepdiver said:

    “For the . . . American Jewish, we will exterminate them,” he specified.

    Ok, for the nth time I ask, I beg to know, why, HOW, are so many Jews in this country liberals, democrats and anti-GWOT (although that actually should be GWOI - global war on islamofascism or more simply WWIV). Why does such a high percentage of Jews support abortion, homosexual “rights” and people who want to kill all Americans in general but exterminate Jews specifically. It’s like a Jewish supporter of the Nazi party. The only difference is that the islamofascists don’t have the Wehrmacht, YET, to put their extermination plans in action. If not for the monetary and military support pushed by Republicans and a very few moderate democrats (Lieberman) I don’t think Israel would exist still.

    On December 12th, 2007 at 9:10 am, TexasTiger said:
    Forewarned is forearmed. Here’s a tip for all the jihadis out there: We will fight you. Well, at least the Republicans will.

    Exactly! With their grandiouse ambitions I can understand why they want to destroy America. We stand in their way. In an all out islamofascist war, we would stand out as the beacon for freedom as we have so many times before.

    We only have 280 million actual Americans here, and history tells us that we can count on about 220-230 million to being on our side, the rest are so liberal, leftist, communist, kool-aid drinking miscreants that no reality is going to move their retarded reasoning processes, but we have 240 million firearms in private ownership. Granted, much of the Northeast and Northwest will roll over and fellate the new overlords and make the Vichy French look downright hostile to Nazism in comparison while Chicago otherwise pleasures them, but once again the sheepdogs the elitists keep muzzled in the south and in the heartland (and in Vermont strangely enough)until needed will rescue them. It will be the Warsaw Ghetto uprising on a hundreds of times larger scale. While our military fights them on their soil destroying their means to wage war, we will kill them here, with those evil guns the 2nd Amendment wisely protects our right to keep and bear. So be warned islamo-dicktator fascists, we will not submit and if you try to force it, as Yamamoto found, you will awaken a sleeping giant.

  12. #12
    On December 12th, 2007 at 10:29 am, joeblough said:

    But didn’t our silky Mr. Edwards say that the war was a bumper-sticker?

  13. #13
    On December 12th, 2007 at 10:30 am, Yiddish Steel said:

    Yeah, yeah… “Religion of Peace”. I know, I know… I’ve got your jihad, right here, scum-bag!

  14. #14
    On December 12th, 2007 at 10:35 am, Tantor said:

    But how is Bush to blame?

  15. #15
    On December 12th, 2007 at 10:36 am, WarTip said:

    On December 12th, 2007 at 9:53 am, LarryD said: A lot of the MSM and politicians are in mild denial.

    If the current level or (ir)rational thinking from the left represents only MILD denial, I pray we can fight back before their symptoms become worse.

    Religion of peace? Wanna see my piece?

    My pair of .44s beats your pair of swords!

    Explain to me again how these people are covered by the Geneva Convention AND are seeking to be granted rights guaranteed only to citizens of that nation that is their sworn enemy?

  16. #16
    On December 12th, 2007 at 10:55 am, cpodug said:

    Boomer said: I wonder how many more people must die in another mass casualty attack before the MSM gets it.

    Quit simply, they won’t get it - it doesn’t match their agenda. Of course, if there IS another attack, it’s all bush’s fault, we know that already.

  17. #17
    On December 12th, 2007 at 11:23 am, aunursa said:

    It’s like a Jewish supporter of the Nazi party. The only difference is that the islamofascists don’t have the Wehrmacht, YET, to put their extermination plans in action.

    The Nazis operated the gas chambers in secrecy (to the rest of the world.) In contrast the Islamists boldly and loudly state their objectives. The folly is that the rest of the world doesn’t believe them.

  18. #18
    On December 12th, 2007 at 12:27 pm, AlohaGuy said:

    The Nazis operated the gas chambers in secrecy (to the rest of the world.) In contrast the Islamists boldly and loudly state their objectives. The folly is that the rest of the world doesn’t believe them.

    The best place to hide something is still in plain sight.

    Reminds me, one poster yesterday mentioned their friend with a “Coexist” bumper-sticker. How can anyone be that stupid?

  19. #19
    On December 12th, 2007 at 12:38 pm, WarTip said:

    On December 12th, 2007 at 11:23 am, aunursa said: The Nazis operated the gas chambers in secrecy (to the rest of the world.) In contrast the Islamists boldly and loudly state their objectives.

    My Grandfather helped liberate many of those camps. He had pictures that would make AJ want to give up food!

    He also helped round up the locals to come clean up the mess. There was no real secrecy as many openly admitted. There was a blind disregard to the facts and a refusal to believe the truth. Sound familiar?

  20. #20
    On December 12th, 2007 at 1:47 pm, Leatherneck said:

    No new news here. Every day I prepare for war with the religion of peace.

    BZO, or die, is a fact in this world where our own government allows individuals, and groups who hate America into this nation.

    I think it is called the New World Order plan A.

  21. #21
    On December 12th, 2007 at 1:48 pm, ArmoredCAV said:

    Catch and release could be effective in this case. As long as he is released within a couple hundred meters of one of my Bradleys. Or my gun trucks. Or for that matter, eyesight of one of the platoons. We haven’t seen much AQ lately around here.

  22. #22
    On December 12th, 2007 at 3:10 pm, AlohaGuy said:

    We haven’t seen much AQ lately around here.

    Props to ArmoredCAV and friends for doing a great job! Merry Christmas and stay safe!

  23. #23
    On December 12th, 2007 at 4:31 pm, Leatherneck said:

    ArmoredCAV,

    Thank you for your service to our nation.

    G-d’s speed to you and yours, and Merry Christmas.

  24. #24
    On December 12th, 2007 at 9:58 pm, AlohaGuy said:

    Al Qaeda: “I am going to kill all of you.”

    Lib: “You poor boy, I’d like to apologize for Bush.”

    Al Qaeda: “No, I want to kill all of you, including you.”

    Lib: “Someone hasn’t had their S-Chip today!”

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