Ashcroft to Decide Soon on Death Penalty in Sept.11 Case

Mar 24 - 2002

WASHINGTON  - Facing a Friday deadline, Attorney General John Ashcroft said Sunday he had not yet decided whether to seek the death penalty against Zacarias Moussaoui if the French citizen is convicted of conspiring to kill thousands in the Sept. 11 attacks on America.

The case was still "in the process of being evaluated in the Justice Department (news - web sites)," Ashcroft told the "Fox News Sunday" program but added the fact that Moussaoui was charged with "a death-eligible" crime would be a prime consideration.

 Moussaoui has been charged with six counts of conspiracy, four of which carry the death penalty.

 Asked if it wasn't an obvious decision to seek a death sentence since Moussaoui has been charged as part of the conspiracy to kill Americans in the deadly attacks in New York and Washington, Ashcroft said:

 "That's the kind of basis upon which facts will be brought to me, and I'll make the final decision. It's obvious that he's been charged with a death-eligible offense, and the components of that offense are the kinds of things you've just outlined."

 Ashcroft said criticism from France and other nations who do not support the death penalty would be considered but, "We are a sovereign nation. We make judgements about crimes and the penalties that exist here."

 Ashcroft said he would announce his decision by next Friday when he must inform U.S. District Court Judge Leonie Brinkema on whether or not prosecutors will seek the death penalty.

 A Dec. 11 indictment accused the 33-year-old French citizen of conspiring with Saudi-born extremist Osama bin Laden (news - web sites) and his al Qaeda network to carry out the hijacked airliner attacks that killed more than 3,000 people. Moussaoui has pleaded not guilty.

 Moussaoui was in jail on the day of the attacks but Ashcroft said "people who are a part of a conspiracy and do everything they can to advance the conspiracy to kill Americans are appropriately charged with death-eligible offenses."