Appeal over Moussaoui ruling

Moussaoui faces the death penalty if convicted

A US court is considering whether a man accused of conspiring in the 11 September attacks can interview an alleged al-Qaeda leader.

The federal appeals court in Richmond, Virginia, heard arguments from lawyers for Zacarias Moussaoui and the Justice Department on Tuesday.

Mr Moussaoui has been given permission to interview Ramzi Binalshibh - suspected co-ordinator of the attacks being held at an undisclosed location by the US authorities - as part of his defence.

But the US Justice Department has challenged the ruling, in an appeal that could determine whether terrorism suspects are tried by civilian courts or military tribunals in future.

It is thought that if the government is forced to allow Mr Moussaoui access to Mr Binalshibh, it may decide to drop the criminal charges and try him before a military tribunal where restrictions are much greater.

Same rights?

Mr Moussaoui, a French national of Moroccan origin, is the only person in America charged in connection with attacks on the World Trade Center and the Pentagon.

He admits to being a member of al-Qaeda, but denies being part of the 11 September plot.

Binalshibh is being held at a secret location

If found guilty he could face the death penalty.

The judge who will hear the trial had agreed that Mr Binalshibh should be allowed to be interviewed via video-link because he may have information that could spare Mr Moussaoui's life.

But the US Justice Department says this would jeopardise national security and give terrorism suspects the advantage in criminal trials.

"A decision that the defence must be granted trial access to an al-Qaeda prisoner overseas would invite rampant abuse by defendants in subsequent criminal prosecutions of al-Qaeda operatives," the government has written in a brief to the appeal court.

Mr Moussaoui and his legal team say he has the right to speak to any witnesses who could help his defence.

The appeal court will now have to decide whether defendants on terrorism charges have the same rights as others.