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Moussaoui opts out of a classified hearing

From CNN's Laura Bernardini
and Phil Hirschkorn

Moussaoui claims captured al Qaeda members will testify to his innocence.
Moussaoui claims captured al Qaeda members will testify to his innocence.

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ALEXANDRIA, Virginia (CNN) -- Averting a potential clash over whether he can appear during a hearing next week over classified material, September 11 co-conspirator Zacarias Moussaoui has informed a federal judge that he does not want to attend.

In an order released Friday, U.S. District Court Judge Leonie Brinkema writes that "having been advised by Mr. Moussaoui that he does not wish to participate in this hearing, it is hereby ordered that the pro se defendant will not be present."

The hearing is an attempt by Brinkema to reach a compromise over the defense's demand for access to al Qaeda detainees, including Ramzi Binalshibh, and the government's objection to that.

Moussaoui maintains Binalshibh has information that will clear him of any involvement in the planning and execution of the Sept. 11 attacks. The government says allowing access to Binalshibh would imperil national security.

Earlier this week, prosecutors strenuously objected, arguing in a written motion, "The defendant, an admitted member of a terrorist organization, does not have the a security clearance and properly never will."

Brinkema also ordered the government to provide to the defense "information it expects to use to rebut the classified information," which presumably would include information from Binalshibh. The government was ordered to, but did not, provide that information when it submitted its proposal on how to deal with the detainees issue.

The proposed hearing is part of an attempt by the District Court to resolve the detainee access issue. After Brinkema had ruled in January that Moussaoui could have access to Binalshibh, the government appealed.

Moussaoui, 34, a French citizen of Moroccan heritage, is accused of conspiring with the 19 hijackers who crashed airliners into the World Trade Center, the Pentagon and, when because of a passenger uprising, a field in rural Pennsylvania, on Sept. 11, 2001.

Moussaoui is the only person facing a U.S. criminal trial stemming from the attacks that killed about 3,000 people, and the government intends to pursue the death penalty if Moussaoui is convicted.

Moussaoui is charged under a six-count indictment of conspiring to commit terrorist acts in the United States.

He has admitted in open court to belonging to al Qaeda and swearing allegiance to its leader, Saudi exile Osama bin Laden, but he says he is innocent of any role in the Sept. 11 plot.

In his capacity of representing himself, Moussaoui also filed one motion that was placed under seal by the court security officer Friday.


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