10.

12.

13.

14,

plea to the six counts in the indictment admitting that I was a member of al Qaeda and
part of the al Qaeda conspiracy.

At that time I entered my guilty plea, my understanding of the American legal system was
completely flawed.

My petition for a writ of certiorari had just been denied by the Supreme Court and I
naively believed that by entering a guilty plea the issue of the enemy combatant witnesses
would be immediately reviewed by the Supreme Court.

During the plea colloquy, I made it clear to the Court that I did not have knowledge of
and was not a member of the plot to hijack and crash planes into buildings on September
11, 2001 but that I was part of another al Qaeda plot which was to occur after September
11, 2001.

My court-appointed attorneys kept telling me that I should not testify and I thought that
they would prevent me from testifying, so I decided to ask the government to let me
testify as their witness.

It is my recollection that when the judge addressed the jury before my trial began, she
informed the jury that I was part of the September 11 plot which further confirmed my
distrust of the American justice system and further convinced me to testify since I was
going to be given death for the September 11 plot anyway.

I decided to testify that I had knowledge of and was a member of the plot to hijack planes
and crash them into buildings on September 11, 2001 even though I knew that was a

complete fabrication.

Ihave never met Mohammed Atta and, while I may have seen a few of the other hijackers

2.


AFFIDAVIT
I, ZACARIAS MOUSSAOUI, being duly swom, declare and state as follows:
Tam the defendant in the case of United States v. Zacarias Moussaoui, Criminal Case No.
01-455 in the United States District Court for the Eastern District of Virginia, Alexandria,
Virginia.
From the time that I was arrested, I did not trust the American justice system and wanted
a Muslim attorney whom I could trust to represent me because I was not comfortable that
non-Muslim attorneys would look out for me and my interests.
Since the SAM’s prevented me from seeking and obtaining a Muslim lawyer of my
choice I felt that if I could not have a Muslim lawyer, then I would be better served by
representing myself which is why I asked to be my own lawyer.
When Brother Charles Freeman, a Muslim attorney, was not permitted to be my lawyer,
my distrust of the American justice system was further substantiated and I was sure that
the justice system was just a charade and in the end I would be given death.
Solitary confinement made me hostile toward everyone and I began taking extreme
positions to fight the system.
I did not trust my court-appointed attorneys when they informed me of the possible
options in the case and the potential outcomes including the strong possibility that I might
be found guilty of being a member of al Qaeda and being part of the overall al Qaeda
conspiracy but not be found guilty of being involved in the hijacking of planes and
crashing them into buildings on September 11, 2001.

On April 22, 2005, over the objections of my court-appointed attorneys, I entered a guilty

-1-


15.

16.

17.

18.

at the guesthouse, I never knew them or anything about their operation.

As I stated during my plea colloquy, I was in the United States as a member of al Qaeda
but was involved in a separate operation and I did not have any knowledge of and was not
a member of the plot to hijack planes and to crash them into buildings on September 11,
2001.

I was extremely surprised when the jury did not return a verdict of death because I knew
that it was the intention of the American justice system to put me to death.

Thad thought that I would be sentenced to death based on the emotions and anger toward
me for the deaths on September 11 but after reviewing the jury verdict and reading how
the jurors set aside their emotions and disgust for me and focused on the law and the
evidence that was presented during the trial, I came to understand that the jury process
was more complex than J assumed.

Because I now see that it is possible that I can receive a fair trial even with Americans as
jurors and that I can have the opportunity to prove that I did not have any knowledge of
and was not a member of the plot to hijack planes and crash them into buildings on
September 11, 2001, I wish to withdraw my guilty plea and ask the Court for a new trial
to prove my innocence of the September 11 plot.

J affirm that this statement is true and correct on this day of May 2006.

Lf

Zacarias Moussaoui



THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

UNITED STATES OF AMERICA

v. ) Criminal No. 01-455-A.
) Hon. Leonie M. Brinkema
)

ZACARIAS MOUSSAOUI

DEFENDANT’S MOTION TO WITHDRAW GUILTY PLEA

Defendant Zacarias Moussaoui (“Moussaoui”), through counsel, pursuant to Rule

11(d) of the Federal Rules of Criminal Procedure,’ respectfully moves the Court to allow

him to withdraw his guilty plea and have a new trial on the question of his guilt to the

charges in the Indictment. In support of this motion, Moussaoui states as follows:

1.

On April 22, 2005, Moussaoui entered a guilty plea to all of the charges
contained in the Indictment. The Court accepted that plea and thereafter,
proceeded to conduct a sentencing trial to determine whether Moussaoui should
receive the penalty of death.

On May 3, 2006, the jury impaneled to determine Moussaoui’s sentence rejected
imposition of the death penalty for him. The following day, on May 4, 2006, the
Court sentenced Moussaoui to consecutive life counts.

On May 5, 2006, Moussaoui informed his counsel that he wished to withdraw his
guilty plea.

As stated in the attached notarized affidavit from Moussaoui dated May 6, 2006,

Moussaoui wishes to withdraw his guilt plea because when he entered the plea,

‘ Defense counsel are aware that Rule 11(e) prohibits a defendant from

withdrawing a guilty plea after imposition of sentence. Notwithstanding this prohibition,
counsel is filing this motion given their problematic relationship with Moussaoui, of
which the Court is well aware.

(951


COMMONWEALTH OF VIRGINIA)

)ss
CITY OF ALEXANDRIA )
Subscribed and sworn to before me this day of May 2006, by Zacarias Moussaoui.

bl

Notary Public

My commission expires:

-4-


his “understanding of the American legal system was completely flawed.”

Affidavit at 8. “Because | now see that it is possible that | can receive a fair

trial,” the Affidavit states, “even with Americans as jurors and that | can have the

opportunity to prove that | did not have any knowledge of and was not a member

of the plot to hijack planes and crash them into buildings on September 11,

2001, | wish to withdraw my guilty plea and ask the Court for a new trial to prove

my innocence of the September 11 plot.” /d. at § 18.

CONCLUSION

For the foregoing reasons, Defendant Zacarias Moussaoui respectfully requests

that the Court permit him to withdraw his guilty plea and have a new trial so that he may

contest his guilt to the charges contained in the Indictment.

b|

Respectfully Submitted,

Zacarias Moussaoui
By Counsel

|

Gerald T. Zerkin

Sr. Assistant Federal Public Defender
Kenneth P. Troccoli

Anne M. Chapman

Assistant Federal Public Defenders
Eastern District of Virginia

1650 King Street, Suite 500
Alexandria, VA 22314

(703) 600-0800

Edward B. MacMahon, Jr.
107 East Washington Street
P.O. Box 903

Middleburg, VA 20117

(540) 687-3902

Al

Alan H. Yarnamoto

643 South Washington Street
Alexandria, VA 22314

(703) 684-4700



CERTIFICATE OF SERVICE

| hereby certify that by hand-delivery on this 8th day of May 2006, a true copy of
the foregoing pleading was served upon AUSA Robert A. Spencer, AUSA David J.
Novak and AUSA David Raskin, by delivering a copy of same to the U.S. Attorney’s
Office, 2100 Jamieson Avenue, Alexandria, VA 22314.

Kenneth P! Troccoli