Opinion
Criminal No. 01-455-A
November 14, 2003
ORDER
Before the Court are the pro se defendant's pleadings docketed as #s 1116 and 1117. Read generously, Docket #1116 is a request for a copy of the classified report of Congress concerning September 11th, and Docket #1117 is a request for reconsideration of the Order of October 2, 2003, which imposed sanctions on the government and is presently the subject of an interlocutory appeal.
On November 5, 2003, the Court stayed all further action in this case, to conserve resources while the appeal is processed. By a separate order issued on November 5, 2003, Mr. Moussaoui was placed on clear notice that he faced sanctions, including losing his right to represent himself, if he filed "further frivolous, scandalous, disrespectful or repetitive pleadings," or violated any Court orders. By a letter dated November 7, 2003, the Court informally reminded Mr. Moussaoui of the sanctions he faced if he continued to send such writings to the Court.
Pleadings #s 1116 and 1117 violate the two orders of November 5, 2003. First, they ask for relief after the Court made clear that all action in this case was stayed. Second, Docket #1116 asks for relief to which the defendant knows he is not entitled. Specifically, the defendant has been advised on numerous occasions that he cannot have access to classified material. Docket #1117 merely expresses the defendant's dissatisfaction with the October 2, 2003 Opinion. It offers no new evidence or argument, and is therefore cumulative of what defendant has previously filed. Third, both pleadings include contemptuous language that would never be tolerated from an attorney, and will no longer be tolerated from this defendant.
Based on the defendant's repeated violation of orders of this Court, he has forfeited his right to represent himself any further in this case. For these reasons, it is hereby
ORDERED that the Order issued on June 14, 2002, granting defendant's request to represent himself be and is VACATED; and it is further
ORDERED that standby counsel are appointed as counsel of record for the defendant. The Court will only accept for filing pleadings submitted by counsel of record. Anything submitted to the Court by the defendant will simply be received for archival purposes, with a copy sent only to defense counsel.
If defendant wants to appeal this decision, he must file a written notice of appeal within ten days with the Clerk of this Court.
The Clerk is directed to forward copies of this Order to counsel of record and the defendant.