Thursday, May 04, 2006

Moussaoui verdict: mighty forgiving for an "army of Satan"

I'm not surprised that Zacarias Moussaoui was given a life sentence instead of the death penalty. Just from watching Moussaoui's bizarre behavior over the course of the trial, I found it hard to believe that Al Qaeda would have trusted someone so unpredictable with sensitive information about the 9/11 attacks. However, I am somewhat surprised by the reasoning the jurors gave for sparing Moussaoui the death penalty.

According to the New York Times, the jury considered more than twenty mitigating factors before deciding not to sentence Moussaoui to death. Moussaoui's "unstable early childhood and dysfunctional family," and the fact that Moussaoui's father "had a violent temper and physically and emotionally abused his family" were each cited by nine jurors. Five jurors cited the fact that the alternative to the death penalty would be incarceration for life without possibility of release, and three said that Moussaoui would not present a substantial risk to guards or other inmates, because he would be confined in a maximum security prison.[New York Times]

Four jurors cited his family's history of psychotic illness, and three cited the racism Moussaoui encountered as a Moroccan growing up in France. Only three jurors cited a belief that "Moussaoui's role in the 9/11 operation, if any, was minor," and the same number said that Moussaoui had limited knowledge of the 9/11 attacks. Finally, none of the jurors cited the defense's argument that executing Moussaoui would make him a martyr. [New York Times]

In other words, the jury treated Moussaoui about the same way it would have treated anyone else. I'm sure that offends some people, who believe that anything short of a kangaroo court amounts to being "soft on terrorism." But I think that giving terror suspects the same procedural rights we give to other criminal defendants is one of the best ways that the US can counter Al Qaeda's claims that this is a holy war (as contrasted with President Bush's description of the war on terror as a "crusade", which did not help). And after all, to whatever extent Moussaoui was collaborating with Al Qaeda prior to his arrest, he won't be collaborating with them once he's in his soundproof cell in the "Alcatraz of the Rockies."

As he left the courtroom, Moussaoui shouted "America, you lost, you lost!" and that "We are the soldiers of God, and you are the army of Satan." Sure, Zacarius, we're an "army of Satan" . . . an "army of Satan" which just spared you from execution because of your dysfunctional family life, your family's history of mental illness, and your childhood encounters with discrimination as a Muslim growing up in France.

"At Sentencing, Moussaoui is Defiant" [New York Times]
"Mitigating Factors in the Case" [New York Times]
Moussaoui Trail Exhibits and Documents page [RCFP.org]