US wants case against Sept. 11 conspirator dismissed

Federal prosecutors urged a judge to dismiss the case against accused Sept. 11 conspirator Zacarias Moussaoui so the government can appeal her order to make three al-Qaeda captives available for questioning.

In court documents released on Thursday, prosecutors repeated their arguments that national security concerns prevent them from allowing Moussaoui access to the senior al-Qaeda operatives.

Responding to a request by US District Judge Leonie Brinkema for suggestions on what sanctions to impose on the government for its refusal to give access to the detainees, the prosecutors said Brinkema should dismiss the indictment against Moussaoui in order to allow them to appeal to a higher court.

"The United States maintains that the defendant does not have a right to compel the production of ... enemy combatants detained abroad," prosecutors wrote, noting that questioning of the detainees would "entail the disclosure of classified information" that would damage national security.

Moussaoui, a Frenchman of Moroccan descent who was being held on immigration charges when the attacks occurred, is the only person charged in the Sept. 11, 2001, attacks.

Because the government refused to comply with Brinkema's orders allowing him to question the al-Qaeda captives, Brinkema must now impose sanctions and has requested input from the government, Moussaoui and his stand-by defense lawyers.

Even if the case were dismissed, Moussaoui would not go free because the government will appeal to the US Court of Appeals in Richmond. If the government were to lose its appeal, it could decide to try him before a military tribunal which would give Moussaoui fewer protections. The lawyers assigned to help Moussaoui also urged Brinkema to dismiss the case.

Moussaoui had requested permission to question Khalid Sheikh Mohammed, the accused mastermind of the hijacked plane attacks two years ago; Mustafa Ahmed al-Hawsawi, believed to be one of the financiers of the attacks, and Ramzi bin al-Shaibah, the man suspected of coordinating them.

He says the men can prove he was not involved in the Sept. 11 attacks. He denies being involved in the attacks but has admitted to being a member of al-Qaeda.