Al-Qaida prisoners allowed to testify for Moussaoui

The testimony must take the form of written statements, the court ruled.
WASHINGTON (AP) -- The nation's only Sept. 11 defendant and the government are claiming partial victories in an appeals court ruling, but the judges' ultimate message is clear: The Justice Department can prosecute Zacarias Moussaoui in a civilian courtroom and seek to kill him.
A 4th U.S. Circuit Court of Appeals panel in Richmond, Va., ruled Thursday that Moussaoui could have access to information from three Al-Qaida prisoners who may be able to exonerate him. This was a defeat for prosecutors, who argued that Moussaoui had no right of access to the captives.
Moussaoui's victory was limited, however. The court majority said he could only receive written statements from the prisoners in a form that will have to be ironed out by a trial judge.
The three-judge panel threw out the trial court's order to allow the defense access to the witnesses by a remote video hookup.
Penalty thrown out
In a victory for the government, the panel tossed out the two-part penalty that U.S. District Judge Leonie Brinkema, in Alexandria, Va., had imposed on the government for refusing to arrange the video questioning.
She had barred prosecutors from seeking the death penalty and from presenting evidence related to Sept. 11, the heart of the government's case. Both are now restored.
"No punitive sanction is warranted here because the government has rightfully exercised its prerogative to protect national security interests by refusing to produce the witnesses," the court said.
Robert Precht, assistant dean for public service at the University of Michigan law school, called the ruling "a very pragmatic decision. The court of appeals affirms that the Constitution applies in terrorism cases.
"But having said that, the court said that ... we don't have to impose these severe penalties for the government's failure to abide by the Constitution."
The government can now try to convince a jury "that Moussaoui is not just some marginal player," Precht said.
The witness-access issue has delayed a trial for Moussaoui, a French citizen who is charged with participating in a terrorism conspiracy to attack the United States, along with the 19 Sept. 11 hijackers.
The government could appeal Thursday's ruling to the full 4th Circuit court or the Supreme Court.
However, Attorney General John Ashcroft reacted favorably to the ruling in a written statement.
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