Adminstration Dealt Another Blow in Sentencing Case

Having a TSA attorney throw a monkey wrench into prosecution strategy wasn't enough bad news for the Justice Department as it seeks the death penalty for Zacarias Moussaoui. Tuesday the FBI came under scathing attack by FBI Special Agent Harry Samit, who detailed his frustrated attempts to get headquarters to act on the threat posed by Moussaoui. Samit accused superiors of "criminal negligence" in a trial where those same superiors are claiming had Moussaoui been forthcoming, the FBI could have prevented 9-11.

Moussaoui is the only person to have been convicted in this country of crimes related to 9-11. He contends he was to be part of a second wave attack that was aborted. The CIA Director, George Tenet, was advised of Moussaoui's arrest.

The 9-11 Commission reported much of this in its final report. Among the actions that Samit, an agent in the Minneapolis office, cited as obstruction -- actions that make his testimony sound more like a witness for the defense than the prosecution -- are these:

• Washington ignored Samit's contention (18 August) that Moussaoui wanted to hijack a plane "for the purpose of seizing control of the aircraft."
• Washington rejected requests for search warrants for Moussaoui's personal effects and computer. (I'm boggled that he could have been put in jail - but without a warrant to search.)
• Washington rejected a request to plant an Arabic-speaking federal officer in the adjacent cell.
• Washington repeatedly told Samit that there was "no urgency and no threat."

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