Tuesday, July 23, 2002

self-defense

The Zacarias Moussaoui case is causing us to consider some aspects of self defense representation that may stick around a long time after the case is resolved. How much access to legal help should a defendant in a terrorist case have, when the potential exists for that defendant to pass along information through someone to a terrorist organization? Things such as the identities of intelligence operatives, or other such classified information. Then again, as Moussaoui wrote in a motion to the court:
I have nobody to investigate the case for me outside [the detention facility], to contact witnesses. I have no access at all to news. No right to TV, to newspapers, to radio. No phone. No printer. That [is] the only way for them to win this case: To have no opposition
So, what's the solution? It's something that we do need to be spending some time considering.

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