The US government is to ask a federal appeals court to allow the possible execution of accused Sept. 11 conspirator Zacarias Moussaoui, even though it refuses to let him question three al Qaeda captives who might help clear him.
In a hearing the US says could affect how it prosecutes future terrorism cases, Justice Department lawyers will urge the federal appeals court in Richmond, Virginia, to overturn a lower court ruling that bars them from seeking the death penalty or presenting evidence linking Moussaoui to the Sept. 11, 2001, attacks.
District Court Judge Leonie Brinkema disallowed the death penalty in October and banned evidence about Moussaoui's knowledge of, or involvement in, the Sept. 11 attacks after the US government prevented Moussaoui and his lawyers from questioning the al Qaeda captives.
Citing national security, the US government refuses to allow Moussaoui to question the men being held and interrogated overseas by the United States.
Moussaoui, who denies involvement in the hijacked airliner attacks but has admitted being a member of al Qaeda, says the captives can prove his innocence. Moussaoui, a French citizen of Moroccan descent, was being held on immigration charges when the Sept. 11 attacks took place.
In filings to the appeals court, US prosecutors said Brinkema abused her power by barring the death penalty and said the sanctions "will deny the jury key evidence and deny the public and the victims of September 11 full justice."
If the government loses its appeal, it may go to the Supreme Court, officials said.