Lawyers for convicted Sept. 11 plotter Zacarias Moussaoui were back in a federal appeals court in Richmond again this morning trying to win a new trial.
They argue that his 2005 guilty plea to six terrorism-conspiracy counts was invalid because his lawyers at the time could not yet tell him about classified evidence in possession of the government that supported a claim of innocence.
The case, argued before the Richmond-based 4th U.S. Court of Appeals earlier this year, was reargued today because of the retirement of Judge Karen Williams. One of three judges who first heard the case, she left for health reasons before it could be decided.
"This is a very important case about the right to counsel," argued Justin S. Antonipillai for Moussaoui this morning.
Antonipillai said the inability of Moussaoui's trial lawyers to discuss certain classified material with him before he pleaded guilty -- over their objections -- was an improper interference in communication between lawyers and their client.
"That is a very dangerous thing . . . that is unconstitutional," he argued.
Kevin R. Gingras of the U.S. Department of Justice disagreed. Moussaoui "proudly" pleaded guilty, "he rejoiced in the nearly 3,000 deaths that resulted from his conspiracy," said Gingras.
Gingras said the only thing that needs to be known in the case were the four words Moussaoui uttered after the judge made it clear that by pleading guilty he would spend the rest of his life in prison: "That was my choice."
This morning's open session was followed by a closed one where classified matters were discussed. It is unclear when the court will rule.
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