It's the same claim Moussaoui made April 22 when he pleaded guilty to conspiracy charges that could bring the death penalty. It's also consistent with early reports by the French, as we noted in detail here and here.

The judge disagreed. She also noted that Frank Dunham, who has done a yeoman's job on the case, has withdrawn, now that guilt has been resolved and the death penalty becomes the issue.

Also interesting is the release of the transcript from Moussaoui's private hearing with the Judge two days before his guilty plea. He told her he wanted to make sure that if executed, he would be buried in a Muslim nation. As to the reason for his concern,

I was reading something about Timothy McVeigh, and I was reading that the United States government didn't want to release the body," Moussaoui said.

Actually, McVeigh had left explicit instructions with his lawyers and the body was released within hours. McVeigh chose to be cremated. His lawyers have not said what became of the ashes.

Will the Judge allow additional death penalty counsel to come on board? Will Judy Clarke, who played such a major role in saving the lives of the Unabomber, Susan Smith and most recently, Eric Rudolph, return to the Moussaaoui case? She had been part of the team before leaving to do the Rudolph case. I hope so, he needs her more than ever.