A Suspect's New Legal Pulpit

By Viveca Novak

Zacarias Moussaoui for the defense? The alleged 20th hijacker's bid to fire his lawyers and represent himself, which must be granted unless he's found mentally incompetent, would mean major headaches for prosecutors if it's successful, say sources familiar with the government's view of the case. Prosecutors at a hearing last week said they were worried about "subtly coded messages" that Moussaoui might send from prison through intermediaries. If Moussaoui is allowed to be his own lawyer, he could send signals, coded or not, with journalists present. "They have to worry about what comes out of his mouth," said a close observer. "And the whole rationale for [the government's] security scheme"--which requires extensive vetting of anyone who visits him in prison--"comes unglued."

There are also concerns about the classified materials that the government was sharing with Moussaoui's defense lawyers, who, unlike their client, had been cleared to receive them. If Moussaoui is his own lawyer, he could argue that he must have access to those documents to mount an effective defense.

Overall, "the government and the court will have to bend over backwards" to help Moussaoui out of fear of violating his rights and being overturned on appeal, said a government lawyer. "It becomes very bizarre," he said, "but you don't want to execute people who don't get a fair shot." Washington defense lawyer Richard Sauber was more blunt, saying, "It's a nightmare for prosecutors."

--By Viveca Novak