Terrorism and Federalism
Wednesday, March 15th, 2006Today’s must-read of the day- or at least, it’s a must-read if you’re as baffled by all this Zacarias Moussaoui stuff as I am.
Like, I get what the screwup was with the witnesses and why the judge has been threatening to pull the death penalty off the table. What I didn’t get were the legal issues involved about arguing for the death penalty. It seemed black-and-white to me- if Moussaoui is a 9/11 co-conspirator, then he was involved in the horrifying deaths of over 3,000 people, and anyone who is pro-death penalty would vote to stick a needle in his arm, and anyone who is anti-death penalty would vote for life imprisonment.
But murder is a violation of state laws, and this is a federal case. Dahlia Lithwick and Robert Weisburg have the explanation I’ve been looking for of the government’s case, and what a giant contortion it is.
How ’bout we let the government try him on terrorism charges and let the states try him for murder, ‘kay?
