US. Department

United States Attor B22
Eastern District of Wii US, DISTRICT Ci
2100 Jamieson Avenue
Alexandria, Virginia 22314
August 22, 2002

Under Seal

Hon. Leonie M. Brinkema

United States District Judge

401 Courthouse Square

Alexandria, VA 22314

Re: U.S. v. Zacarias Moussaoui; Crim. No. 01-455-A

Dear Judge Brinkema:

We write to address the issue whether defendant Moussaoui’s pleadings should generally
be publicly disseminated. The United States believes that the defendant is writing pleadings for
the purpose of either (1) sending messages to conspirators or sympathizers, or (2) making public
political statements. Therefore, and as more fully set forth below, we now submit that the
continuous stream of pleadings not be presumptively publicly disseminated.

First, on July 18, 2002, the Court warned the defendant that the deadline for filing
motions in this case had passed and that writing further motions, except those with a
Constitutional basis, could result in him having his right to represent himself revoked. The
defendant appeared to respect this warning for some time, before he thereafter began again to file
several handwritten motions a day.

Second, the Special Administrative Measures under which the defendant is held properly
limit his ability to communicate with the outside world. The rationale behind the SAM is to
limit the ability of a defendant in a terrorist case to communicate with conspirators or
sympathizers to provide information useful to them or to incite or encourage activity harmful to
the United States, For the same reasons, the SAM also prohibit a defendant’s communication to
the press. Here, however, because the defendant is representing himself, he now enjoys nearly
unfettered ability to communicate with the world. Thus, the purpose of the SAM is gutted.

Indeed, Moussaoui’s pleadings may include coded messages to his confederates. That
federal law enforcement cannot break the code and cannot determine definitively that the
pleadings include coded messages should not mean that Moussaoui is permitted to publish his
pleadings. In other words, the burden should not be on the Government to prove that a pleading
contains a coded message before the pleading is sealed. This is particularly so where the



Hon. Leonie M. Brinkema
August 22, 2002
Page 2

statements in a pleading bear no relation to an issue properly raised by the pleading.

Most of the prose contained in the defendant’s recent pleadings has nothing whatever to
do with what he seeks in each particular pleading. . .

- REDACTED

The defendant would
suffer no prejudice if these pleadings were maintained as sealed pleadings and not disseminated
to the public. And, any motion filed by the defendant that had a legitimate purpose could be
publicly disseminated. Of course, the Government has no issue with pleadings filed by Mr.
Moussaoui acting in his role as a pro se defendant. The defendant, however, has no right to
abuse his status to file so-called pleadings that may be harmful to the public. See United States
y, Abdel Rahman, 189 F.3d 88, 117 (2d Cir. 1999) (“Notwithstanding that political speech and
religious exercise are among the activities most jealously guarded by the First Amendment, one
is not immunized from prosecution for such speech-based offenses merely because one commits
them through the medium of political speech or religious preaching.”).

Further, many of the defendant’s recent pleadings relate to discovery. Demands for
discovery can be addressed by letter which, we believe, would not be in the public file.

Accordingly, we respectfully request that the Court warn the defendant, on penalty of
having his right to represent himself revoked, to cease filing motions, or at least to confine his
pleadings to prose relevant to the issue addressed in the pleading. In addition, we respectfully


Hon. Leonie M. Brinkema
August 22, 2002
Page 3

request that the defendant’s pleading be presumptively sealed until the Court or the Government
agree that they be released to the public.

Respectfully submitted,

Paul J. McNulty
United States Attorney

By: . /S/
Robert A. Speticer
Kenneth M. Karas
David J. Novak

Assistant U.S. Attorneys

ec: Frank W. Dunham, Jr.
Alan H. Yamamoto
Edward B. MacMahon, Jr.
Zacarias Moussaoui

+ The Government has already requested that specific portions of docket number 406 be
redacted. Otherwise, that pleading may be released. We request that docket numbers 412, 422,
423, 424, 425, 434, 435, 440, 441, and 446 remain sealed in accordance with this letter. Docket
number 446 (“The Silence of the Lambs”) is a clear example of a pleading that has no purpose
other than a call to arms from the defendant to his fanatic sympathizers. Irrespective of whether

the Court grants the general request in this letter, we request that docket number 446 not be
unsealed.