In the program, Philip Shenon of "NY times" who was in the federal courtroom today, and Mary Cheh, professor of constitutional law and criminal procedure at George Washington University Law School, talked about the court of appearance of accused September 11th conspirator Zacarias Moussaoui. He tried to plea guilty today to new federal charges that could bring the death penalty. But the federal judge refused to accept it. She told him think about it for a week. Moussaoui is the only person who is charged in the September 11th attack. He is acting with his own lawyer. .
He claimed that he was not directory involved in the September 11th attacks. But he was a member of Al Qaeda and he had pledged a loyalty to Osama Bin Laden. The supreme court in the ruling this summer placed new restrictions on prosecutors in use of the federal death penalty. They now require, or it's believed a clear reading of the Supreme Court ruling is that grand juries are required to make clear, what are the aggravating circumstances that should make somebody eligible for the death penalty. Reaction to his plea is that they are making the argument that he is not mentally ill. And what happened in the courtroom, along all the other actions, Mr. Moussaoui has taken recent weeks, are proof that he should not permitted to defend himself. The judge said she will reconsider her decision to allow him to represent himself.
Even though he has a constitutional right to plea death penalty, rules are required to accept his plea that the judge has to satisfy herself that Mr. Moussaui is knowingly, intelligently, and voluntary entering this plea. However, if he is intelligent enough to understand the situation, he may be not appreciated the circumstances that he is in. Therefore, the judge could ask for the examination again to make sure if it's appropriate for him to represent himself. If the judge accepts his plea, she has to go through a little discussion with him, explaining to him at length exactly what he waves and what he gives up by entering plea of guilty and consequence of that.
