U.S. Weighs Military Trial for Moussaoui

ByABC News
November 13, 2002, 8:56 AM

— -- Officials Weigh Military Tribunal for Moussaoui

W A S H I N G T O N, Nov. 12 U.S. officials, concernedthat a public trial of accused Sept. 11 conspirator ZacariasMoussaoui might prove embarrassing or hamper anti-terrorismefforts, are weighing the option of dismissing charges andinstead trying the Frenchman before a military tribunal.

A senior Defense Department official and sources familiarwith the case said Monday that Pentagon and JusticeDepartment officials have been discussing the option of havingMoussaoui face a military tribunal instead of standing trial asplanned before a jury in federal court in Virginia.

No decision has been made, but talks have been taking placeamid concerns over requests made by Moussaoui and his team ofstand-by lawyers who are seeking access to evidence andwitnesses viewed by the government as sensitive.

One source familiar with the case said the idea of droppingcivilian charges had been debated ever since the defense askedfor access to some senior al Qaeda members in U.S. custody.

They include Abu Zubaydah and Ramzi bin al-Shaibah, knownas Binalshibh in the West. Zubaydah and Bin al-Shaibah arebelieved to be the two most senior al Qaeda members capturedsince the United States launched a war on terrorism to destroythe network it blames for the deadly Sept. 11, 2001, attacks.

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.

Zubaydah, one of Osama bin Laden's top deputies, and Binal-Shaibah, are being interrogated outside the United States.

Moussaoui, who was arrested in August 2001 on immigrationcharges, denied involvement in the hijacked airline attacks butadmitted to being a member of al Qaeda.

Moussaoui's trial has been delayed twice and is now due tobegin next June.

Moussaoui, who is not an attorney but is acting as his ownlawyer, and the court-appointed counsel named to assist himhave filed sealed requests to the federal court to get accessto Bin al-Shaibah and Zubaydah.

The government, particularly the Defense Department, doesnot want to permit access and has cited national securityconcerns in arguing their point.

The Bush administration last year disclosed that it wouldconsider trying terrorism suspects who are not U.S. citizens inmilitary tribunals rather than in civilian courts. Defendantsdo not enjoy the same rights in military tribunals as affordedto them in civilian courts.

Moussaoui's team has argued that the Frenchman of Moroccandescent would be denied his constitutional rights if he is notpermitted access to witnesses who may be able to prove hisinnocence.

Lawyers familiar with the case say District Judge LeonieBrinkema has the option of requiring the government to producethe evidence or the witnesses.