Moussaoui Judge Asks for Views

A federal judge said Thursday she wants to hear from the government and defense before deciding whether to dismiss charges or take lesser action against prosecutors for defying her in the case of terrorism suspect Zacarias Moussaoui.

U.S. District Judge Leonie M. Brinkema could have imposed sanctions immediately after the government refused to make a suspected Al Qaeda leader available for questioning by Moussaoui.

In a two-page order, Brinkema said she accepted requests from the government and Moussaoui’s court-appointed lawyers to defer a ruling until both sides have submitted written arguments.

The judge asked the parties to submit their positions on appropriate sanctions by July 28 and file responses by Aug. 4. Moussaoui would receive versions with classified information deleted, and could file his own response by Aug. 11.

Moussaoui, charged with conspiring with the 19 Sept. 11 hijackers, is representing himself, although the court-appointed lawyers were asked to remain in the case to protect his interests.

Brinkema ordered the deposition of suspected Sept. 11 organizer Ramzi Binalshibh, after concluding he might back up Moussaoui’s contention that he was not part of the attack conspiracy. Binalshibh was captured in Pakistan and is being held by the U.S. in an undisclosed location.

While dismissal of the case is the most severe possible punishment, Brinkema could impose lesser sanctions.