- WASHINGTON (Reuters) - U.S.
officials, concerned that a public trial of accused Sept. 11 conspirator
Zacarias Moussaoui might prove embarrassing or hamper anti-terrorism efforts,
are weighing the option of dismissing charges and instead trying the Frenchman
before a military tribunal.
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- A senior Defense Department official and sources familiar
with the case said Monday that Pentagon and Justice Department officials
have been discussing the option of having Moussaoui face a military tribunal
instead of standing trial as planned before a jury in federal court in
Virginia.
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- No decision has been made, but talks have been taking
place amid concerns over requests made by Moussaoui and his team of stand-by
lawyers who are seeking access to evidence and witnesses viewed by the
government as sensitive.
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- One source familiar with the case said the idea of dropping
civilian charges had been debated ever since the defense asked for access
to some senior al Qaeda members in U.S. custody.
-
- They include Abu Zubaydah and Ramzi bin al-Shaibah, known
as Binalshibh in the West. Zubaydah and Bin al-Shaibah are believed to
be the two most senior al Qaeda members captured since the United States
launched a war on terrorism to destroy the network it blames for the deadly
Sept. 11, 2001, attacks.
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- Bin al-Shaibah is named as a co-conspirator in the indictment
that charges Moussaoui with six counts of conspiracy -- four of which carry
the death penalty -- in the attacks.
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- Zubaydah, one of Osama bin Laden's top deputies, and
Bin al-Shaibah, are being interrogated outside the United States.
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- Moussaoui, who was arrested in August 2001 on immigration
charges, denied involvement in the hijacked airline attacks but admitted
to being a member of al Qaeda.
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- Moussaoui's trial has been delayed twice and is now due
to begin next June.
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- NATIONAL SECURITY CONCERNS
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- Moussaoui, who is not an attorney but is acting as his
own lawyer, and the court-appointed counsel named to assist him have filed
sealed requests to the federal court to get access to Bin al-Shaibah and
Zubaydah.
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- The government, particularly the Defense Department,
does not want to permit access and has cited national security concerns
in arguing their point.
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- The Bush administration last year disclosed that it would
consider trying terrorism suspects who are not U.S. citizens in military
tribunals rather than in civilian courts. Defendants do not enjoy the same
rights in military tribunals as afforded to them in civilian courts.
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- Moussaoui's team has argued that the Frenchman of Moroccan
descent would be denied his constitutional rights if he is not permitted
access to witnesses who may be able to prove his innocence.
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- Lawyers familiar with the case say District Judge Leonie
Brinkema has the option of requiring the government to produce the evidence
or the witnesses.
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- The government could refuse, and possibly drop the charges
and bring Moussaoui before a military tribunal, the lawyers said. Alternatively,
if the government refuses, Brinkema could dismiss the case and the government
could then find a way to make Moussaoui face charges in a military tribunal,
the lawyers added.
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- "Either way, he's going to face charges," one
lawyer said.
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- Lawyers familiar with the case shrugged off the possibility
that the government would be wary of a public outcry that could result
if authorities brought Moussaoui before a military tribunal.
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- "Who cares about Moussaoui?" another lawyer
said.
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- The Pentagon and Justice Department have been at odds
for a while over how best to handle the case. Defense officials, already
angry that some classified documents were mistakenly handed over to Moussaoui
a few months ago, do not want sensitive information released at a public
trial.
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- Moussaoui's lawyers said they did not know if the government
planned to dismiss civilian charges. Justice Department officials did not
answer requests for comment.
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- Several Justice Department officials, including Michael
Chertoff, chief of the department's Criminal Division, have pushed hard
to keep Moussaoui in the civilian court system. They won out initially
but it was unclear if that would change given the requests made for access
to people like Bin al-Shaibah.
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