Thank you for sharing!

Your article was successfully shared with the contacts you provided.
In a pretrial hearing on April 22, when defense counsel introduced themselves to the court, defendant Zacarias Moussaoui interjected, “No, I am sorry to note they are not anymore my lawyer.” Working partly from prepared remarks, the alleged 20th Sept. 11 terrorist then delivered a lengthy statement on his distrust of the American judicial system, the history of his case, and his desire to represent himself pro se. In the following excerpts, the italicized passages are quotations or paraphrases from the Koran, which Moussaoui followed with appropriate citations: In the name of Allah, I, Zacarias Moussaoui, today the 22nd of April, 2002, after being prevented for a long time to mount an effective defense by overly restrictive and oppressive condition of confinement, take the control of my defense by entering a pro se defense set for presentation in order to mount a significant defense of the life that Allah, the most masterful, has granted to me. I, slave of Allah, Zacarias Moussaoui, reject completely the imposition of the U.S. so-called appointed lawyer[s] … and denounce their misconduct and their intentional ineffective assistance. I, slave of Allah, Zacarias Moussaoui, will engage action against the U.S. Department of so-called Justice for very serious misconduct. … I, slave of Allah, Zacarias Moussaoui, have the intention in the shortest time practically possible to hire my own chosen Muslim lawyer to assist me in matters of procedure and understanding of the U.S. law. This Muslim lawyer chosen by me will only assume — will not assume any representation in the court. * * * In the name of Allah, oh, you who believe, take not as your Bitanah, adviser, consultant, protector, helper, friend, those outside of your religion, pagan, Jew, Christian, and hypocrites, since they will not fail to do their best to corrupt you. They desire to harm you severely. Hatred has already appeared from their mouth. But what their breast conceals is far worse. Indeed, we have made plain to you the Ayat, the proof, the evidence, the verse, if you understand. Koran, Surah Al-i-Imran, Number 3, Ayat 118. May Allah forgive me, I failed to fully understand. Under the cover of assistance of the defense counsel, the legal version of humanitarian assistance, the United States are orchestrating my sending to the safe haven, Bosnia style. What they have done is a sophisticated version of the Troy horse or the kiss of death. Dead, injured, judge, investigator, and the so-called defender are all federal employee. I can’t wait for the jury. * * * So what to do? Then fight. Then fight in the cause of Allah. You are not tasked, held responsible, except for yourself, and incite the believers to fight along with you. It may be that Allah will restrain the evil of the disbeliever. And Allah is stronger in might and stronger in punishment. Surah An-Nisaa, [Number 4,] Ayat 84. Indeed, I want to fight against the evil force of the federal government. And Allah say, verily, those who disbelieve spend their wealth to hinder men from the path of Allah, and so will they continue to spend it, but in the end it will become an anguish for them. Then they will be overcome. And those who disbelieve will be gathered into hell. Surah Al-Anfal, Number 8, Ayat 36. No doubt they are spending million of their haram, evil money, to kill me. Therefore, oh, you who believe, shall I guide you to trade that will save you from a painful torment; that you will believe in Allah and his messenger, peace be upon him, and that you will fight in the cause of Allah with your wealth and your lives that will be better for you but know. Surah As-Saff, [Number] 61, Ayat 10-11. Inshallah, Allah willing, there will be some Muslims who want to fight and spend … money for the real day of judgment. From the beginning, the United States is preventing any Muslim help to reach me, so let me clarify a few points. [Arabic spoken.] First I will not entertain the illusion that a U.S. District Judge Leonie Brinkema is an honest broker. Reality tells me that this judge is here as a field general, entrusted with the mission to get this matter over quickly. Every general has a commander in chief, and I know how much the U.S. commander in chief wants me to be over quickly. * * * My rule of engagement, as Allah say, Invite to the way of your Lord with wisdom and fair preaching. And argue with them in a way that is better. Surah An-Nahl, Number 16, Ayat 125. These good Muslim manners have, of course, nothing to do with a docile attitude. As Allah say, Oh, you who believe, when you meet an enemy force, take a firm stand against them. And remember the name of Allah much, so that you might be successful. Surah Al-Anfal, Number 8, Ayat 45. I will not make your day by giving any excuse to your marshal to assault me in court, but be sure that I do not fear you. As Allah say, It is only Satan that suggested to you fear of his friends. So fear them not, but fear Allah if you are true believer. Surah Al-i-Imran, Number 3, Ayat 175. My experience tells me that the U.S. will not hesitate to have a trial without me. After all, they only need me for the gas chamber. But Allah is my witness. Nobody will ever represent me, inshallah, because suicide is forbidden in Islam. * * * To Allah we belong and to Allah we return. I turn to Allah, the almighty, for all the Muslim and all the Mujahedin. I pray to Allah, the masterful, for all my brothers in jail, like in Algeria, everywhere in the land of Allah. I pray to Allah for the return of Andalusia, Spain, to the Muslim and the liberation of Ceuta and Melilla [two Spanish-held enclaves in Morocco]. I pray to Allah for the return of India to the Muslims and to the liberation of Kashmir. I pray to Allah, … the severe in punishment, for the destruction of the Jewish people and states and for the liberation of Palestine by the Muslim, for the Muslim. I pray to Allah, the protector, for the destruction of Russia and the return of the Islamic Emirates of Chechnya. I pray to Allah, the powerful, for the return of the Islamic Emirates of Afghanistan and the destruction of the United States of America. I pray to Allah, the forgiver, to forgive us, the Muslim, for the occupation of the land of Haramain, the holy land. I pray to Allah, the all powerful, for the return of Mecca, Medina, and Al-Kuds in the hand of the Muslim. * * * So, America, America, I’m ready to fight in your Don King fight, even both hands tied behind the back in court. And be sure, inshallah, that all your ingenuity will not prevent me to be in court in October. Inshallah, you will get the point. The last word belongs to Allah as the all wise. And remember, when the disbeliever plotted against you to imprison you or to kill you or to get you out from your home, Mecca, they were plotting, and Allah too was planning. And Allah is the best of planner. Surah Al-Anfal, Number 8, Ayat 30. * * * [Moussaoui recounts the history of his case since he was arrested.] So I arrive here, and I met [the defense attorneys] downstairs a few minute before court, and I immediately told them that I wanted a Muslim lawyer. They told me, “You can’t have one, because the court has appointed this lawyer to you, and there’s nothing you can do. Because they are appointed, you have no choice on the religion of your lawyer.” They say, “But we can have a consultant, a Muslim lawyer that we will hire,” and he will work with you. OK. I say OK. Because what I wanted is to make a contact with a Muslim person and to tell him … the name of two or three person I knew in America who I trust to a certain degree, and they will be able to contact a Muslim lawyer, that I will be confident that he’s representing my interest in the best manner. That’s the only thing I wanted to do: to meet a Muslim person so he can contact a Muslim cleric who is in Oklahoma who I know and he will find a lawyer. So — this never happened anyway. So they say they will do it. OK. I was in a very difficult position. I had all the United States people against me, and I don’t need to give detail, but I don’t know if you can even imagine. But anyway, I have to enter the situation, so I decided to be patient, OK. So after a few day making discussion with them and everything, OK, it became apparent that it will be extremely difficult to have even this basic understanding about how we are going to work, OK. So the first encounter was with [Gerald] Zerkin. Lawyer Zerkin, after not even a week, we have a very direct discussion where I said to him that if he doesn’t want to adapt, to follow the guidance of my defense the way I want, according to my principle, my belief, my understanding, and my religion, OK, he have to make a professional judgment and withdraw from the case. He say he can’t. * * * So at first, [attorney Edward] MacMahon have a very relaxed attitude. He say, “This is your defense, Mr. Moussaoui. We are here to help you, OK, and we will do as you wish. You want to do this according to Islam principle,” so on and so forth, OK. Nice talk. The same for Mr. [Frank] Dunham. But on January 30, the last day of the month, I believe, after like something of great importance, we have an argument, a divergence of opinion about a tactical point, OK, and Frank send them, MacMahon and Zerkin, to visit me, OK, to clarify a situation. When they came, they didn’t discuss the point they were supposed to discuss. They wanted to assert their right as a lawyer to define the strategy and the tactic on the defense of my life. … [B]ecause before in a sense, I always told whatever I disagree with. They say, “From now on, finished. We are going to do as we wish.” I say, “This is my life, and you have not any understanding of the situation. You have no information. You have nothing from the FBI. You have nothing, and you want to be in charge.” He says, “We are the lawyer, and we are, by statute or whatever, we are in charge.” So I say, “So are you sure?” So I asked them three time, because this is the manner of the Muslim, to assert something, we used to — we ask three time the same question. And if he respond three time, it means that it’s OK now. So they say, “Yes. Indeed, we will just inform you when we believe that it’s important.” OK. So I say, “If it’s like that, I dismiss you. You are not my lawyer anymore.” * * * … I know that people who could have provided vital evidence for me will never, never speak to a non-Muslim because they have the same kind of understanding in life than me. And it was made clear to them that, if they accepted the logic, the case has two parts at least, one in America and one in the Muslim environment. If they cannot navigate in the Muslim environment — they have nobody of any Islamic understanding at this stage in that team, four months, and they were contacted by the association, a Muslim association, who proposed their service to them. And they forget to phone back, he told me, Dunham. Then after they said, “No, no, they were too peace and love, they are not your kind of Muslim.” But, anyway, that’s only a side point. But to the first point for me … [is t]he fact that I was never asked — able to get my rights, to choose my own lawyer, because I had the financial means of this, OK, and I’m innocent until proven guilty, OK, so even if the government have blocked my money, I believe that they have no right and this should be fought in court.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.