In a recent New York Times op-ed, John Farmer, senior coun­sel to the 9/​11 com­mis­sion and a for­mer New Jersery attor­ney gen­er­al, states that seek­ing the death penal­ty for Zacarias Moussaoui detracts from U.S. efforts to seek jus­tice against senior Al Qaeda offi­cials who plot­ted and car­ried out the 9/​11 attacks. Farmer claims Moussauoi, who was in jail as ter­ror­ists plot­ted and car­ried out the events of 9/​11, was not the 20th hijack­er” and is a poor stand in” for more senior lev­el Al Qaeda lead­ers who are also in U.S. custody:

Through a per­verse con­flu­ence, Mr. Moussaoui’s inter­est in becom­ing some­thing in death that he nev­er was in life — impor­tant — has com­bined with the gov­ern­men­t’s inter­est in exe­cut­ing some­one for the 9/​11 attacks. The like­ly result is an odd form of assist­ed sui­cide, in which Mr. Moussaoui will claim mar­tyr­dom as he is exe­cut­ed, and the United States will claim that the rule of law has been vin­di­cat­ed by bring­ing a ter­ror­ist to jus­tice for 9/​11.

Neither claim will be justified.… 

Zacarias Moussaoui is evil, and there is no doubt that he arrived here deter­mined to kill Americans, but he was not a leader of Al Qaeda. He was not even, as ini­tial­ly report­ed, the 20th hijack­er.” He was not in con­tact with the 9/​11 hijack­ers in the United States. His appre­hen­sion in late August 2001 did noth­ing to dis­rupt the plot’s tim­ing. He sat in jail while the attacks unfolded. 

Based on his con­duct, he should sit in jail some more. Six floors under­ground, with one hour out­side his cell per week. For, oh, 50 more years or so. He should die there, frus­trat­ed and for­got­ten, embit­tered and anony­mous. This could have been achieved with­out the cathar­sis of the penalty hearing.

(New York Times, April 11, 2006). See Federal Death Penalty, New Voices, and DPIC’s page on September 11, 2001.

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