Court says US can seek death penalty for Moussaoui

The US government may pursue the death penalty for accused September 11 conspirator Zacarias Moussaoui if he is convicted, a federal appeals court reaffirmed on Monday, clearing the way for his trial to proceed.

The ruling by the US Court of Appeals for the 4th Circuit in Richmond, Virginia, gave Moussaoui freedom to use in his defence statements by al Qaeda captives gathered by means other than the face-to-face interviews he had sought.

The court also rejected Moussaoui's appeal of its order barring him from interviewing people held by the United States as enemy combatants.

Moussaoui, 35, a French citizen of Moroccan descent, is the only person charged in the United States in connection with the attacks that killed nearly 3,000 people.

The federal appeals court again overturned a lower court ruling that blocked the government from seeking the death penalty or presenting evidence linking Moussaoui to the September 11, 2001, attacks as punishment for withholding the witnesses.

"We emphasise that 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," William Wilkins, chief judge of the US court of Appeals for the 4th Circuit, wrote in an 88-page opinion.

US Attorney General John Ashcroft said the ruling affirms that the government can provide Moussaoui a fair trial while still protecting national security interests.

"Today's ruling reiterating the Fourth Circuit's conclusions and unanimously denying Moussaoui's request for rehearing by the full court puts the Moussaoui prosecution back on track," Mr Ashcroft said in a statement.

The appeals court issued a ruling in April making Moussaoui eligible for the death penalty.

District Court Judge Leonie Brinkema ruled in October that prosecutors could not request the death penalty or present evidence about Moussaoui's alleged knowledge of, or involvement in, the September 11 attacks to punish the government for refusing to let Moussaoui's lawyers question three al Qaeda captives who are being held and interrogated overseas by the United States.

Moussaoui's lawyers argued that national security concerns should not outweigh the right to a fair trial.