In re: Zacarias Moussaoui

FILED: July 25, 2002
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4571
(CR-01-455)
In Re: Zacarias Moussaoui,
Petitioner.
O R D E R
The petition for emergency issuance of extraordinary writs
of mandamus, prohibition and injunction is denied.
Entered at the direction of Judge Wilkins with the
concurrence of Judge Williams. Judge Gregory concurs in part and
dissents in part.
For the Court
/s/ Patricia S. Connor
Clerk

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GREGORY, Circuit Judge, concurring in part and dissenting in
part:
I agree that we should deny all relief requested in the
petition for extraordinary writs, with the exception of Mr.
Freeman’s request to meet with Mr. Moussaoui at the detention
center prior to Mr. Moussaoui’s attempt to enter a guilty plea.
The district court’s only stated reason for denying Mr.
Freeman’s request to meet with Mr. Moussaoui was Mr. Freeman’s
failure to seek admittance to the Eastern District of Virginia
pro hac vice by June 28, 2002. Failure to be admitted pro hac
vice, in and of itself, is insufficient to deny an accused access
to meet with an attorney prior to entering a plea. Mr. Freeman
was granted access to Mr. Moussaoui in May. There may be other
reasons now why Mr. Freeman should be denied access to Mr.
Moussaoui, and the district court should consider any other
relevant reasons, but mere failure to comply with local rules
regarding court appearances is insufficient.

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