The Government wants to be extra-sure it gets the death penalty for Moussaoui. They went and got a Third Superseding Indictment, Here it is.
The new Indictment alleges that Moussaoui acted in "an especially heinous, cruel and depraved manner," with premeditation, to cause death and commit terrorism. Now they can say that the grand jury passed on the facts to support the charge, a matter seized upon by Moussaoui's court-appointed lawyers, the ones he doesn't want, in a motion to dismiss the death penalty charge. The Government wants to avoid any problems that may have been engendered by the Supreme Court's ruling in Ring v. Arizona, although that only directly applied to trial juries. For More.