Response to Moussaoui's motions

by U.S. District Court

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION

UNITED STATES OF AMERICA v. ZACARIAS MOUSSAOUI (a/k/a "Shaqil," a/k/a "Abu Khalid al Sahrawi,"), Defendant.

ORDER

Since October 27, 2003, the Court has received more than twenty writings from Mr. Moussaoui, most of which are not proper requests for appropriate judicial relief. Indeed, they include veiled, and in some cases overt, threats to public officials, attacks on foreign governments, attempts to communicate with persons overseas, and efforts to obtain materials unrelated to this case." Because most of these writings are inappropriate for a case file and do not require a response from counsel or the Court, they will simply be archived and maintained under seal.

The defendant has been warned on numerous occasions that he could lose his right to represent himself in this case if he abused that right. His conduct over the past two weeks is clear evidence of such abuse. The Court has the "inherent power to impose order, respect, decorum, silence and compliance with lawful mandates." U.S. v. Schaeffer Equipment Services, 11 F.3d 450, 460-61 (4th Cir. 1993). That inherent power includes broad discretion to select means to protect decorum, including punishing for contempt of court, and barring persons from the courtroom. Id. A court may also ban a defendant from filing frivolous pleadings if the defendant has been warned of such a possible sanction. U.S. v. Robinson. 251 F.3d 594, 596 (7th Cir. 2001). To ensure that proper order and decorum is maintained in this case and to avoid wasting the resources of counsel and the Court on frivolous pleadings, it is hereby ORDERED that defendant is placed on formal notice that he faces sanctions, including being 'held in contempt or losing his right to continue pro se, if he files any further frivolous, scandalous, disrespectful or repetitive pleadings in this case or violates any orders, including the Order of stay entered this date.

The Clerk is directed to forward copies of this Order to the defendant, pro se; counsel for the United States; and standby defense counsel. Entered this 5th day of November, 2003.

signature

Leonie M. Brinkema

United States District Judge

Alexandria, Virginia