U.S., in Challenge to Moussaoui Case Ruling, Seeks Halt to Proceedings

Federal prosecutors asked Friday for a suspension in the case against Zacarias Moussaoui so they can appeal a ruling that the alleged Sept. 11 conspirator be permitted to question a key Al Qaeda captive, according to government sources close to the case.

The unusual turn of events resulted from sealed court actions carried out this week. The sources said the decisions could ultimately determine whether Moussaoui, the so-called 20th hijacker, goes to trial in federal court in Northern Virginia or is sent to a military tribunal, probably on the U.S. naval base at Guantanamo Bay, Cuba.

At the center of the disagreement is Ramzi Binalshibh of Yemen, who was captured in October in Pakistan.

The government theorizes that Binalshibh helped coordinate the terrorist cell from Hamburg, Germany, that was responsible for the Sept. 11 terrorist attacks on the World Trade Center and the Pentagon.

His arrest was considered an important step in the government’s anti-terrorism campaign. Since then, interrogators and intelligence specialists have tried to learn everything they can from him.

“He’s of great value to us,” one government source said Friday. “Absolutely.”

But Binalshibh also would seem to feature prominently in any Moussaoui court trial because, according to the government’s theory, he was the go-between for Moussaoui and other Sept. 11 conspirators. For instance, the federal indictment asserts that Binalshibh wired $14,000 to Moussaoui a month before the Sept. 11 attacks.

Moussaoui had taken flight lessons, but was arrested on immigration violations and was in custody in a Minnesota jail on Sept. 11.

He has since admitted he was a member of terrorist group Al Qaeda and was aligned with its leader, Osama bin Laden. But he has steadfastly denied any role in the Sept. 11 plot.

To that end, he asked U.S. District Judge Leonie M. Brinkema in Alexandria, Va., to grant him access to Binalshibh, ostensibly to gather testimony to prove that Binalshibh was not recruiting him for a role in the Sept. 11 attacks.

On Wednesday, sources said, the federal judge granted that request in an order that was filed under seal.

On Friday, federal prosecutors filed a notice of appeal -- also under seal -- telling the judge that they planned to challenge her ruling with the U.S. 4th Circuit Court of Appeals in Richmond, Va.

The judge unsealed the government filing. It says, in part, that “under the current circumstances of this case, it would be impracticable to continue this litigation until the issues presented to the 4th Circuit are resolved.”

For the government, the jeopardy is twofold. The government’s case could be weakened if Moussaoui gains information from Binalshibh.

In addition, the government does not want to interrupt its interrogations of the alleged terrorist leader, which are taking place at an undisclosed location.

If the government loses on the appellate level, the sources said, it might consider moving the case to a military tribunal. There, the rules of procedure would be different, placing more limits on Moussaoui’s rights as a defendant than in a civilian court.

In a military tribunal, the trial could also be delayed indefinitely, and Binalshibh would remain under U.S. military control.