The 34-year-old French citizen of Moroccan descent presently faces six counts of "conspiracy," four of which carry the death penalty. The case against him as presented to date is based solely on circumstantial evidence and his statements and political beliefs.

Dubbed the "20th hijacker" in the media, Moussaoui was in prison in Minnesota at the time of the attacks. He has continued to maintain his innocence.

Justice Department officials said that a military tribunal offers them the advantage of allowing Moussaoui "fewer procedural rights to seek testimony from witnesses," reported the November 10 New York Times. The Pentagon and intelligence agencies have refused to allow the imprisoned man access to witnesses and evidence that could aid in his defense.

Moussaoui’s lawyers describe this as a denial of his Sixth Amendment right to seek out testimony in support of his not guilty plea. They have asked to interview Ramzi bin al-Shaibah, named as a "co-conspirator" in Moussaoui’s indictment, and Abu Zubaydah, also accused by Washington of being a member of al-Qaeda. Both men are being held and interrogated outside the United States.

One government official said, "The Pentagon and the CIA argue, quite justifiably, that they want to keep these terrorists in isolation and under interrogation," even if that places the criminal prosecution in civilian court of Moussaoui in jeopardy.

In the past U.S. secretary of defense Donald Rumsfeld has said that even if a prisoner were to be found not guilty in a military tribunal, it would not "change the fact that he is an enemy combatant." The phrase "enemy combatant" is also used to categorize Yasser Esam Hamdi and José Padilla, two U.S. citizens presently being held indefinitely without access to lawyers and outside of any other established legal rights.  
 
 
Front page (for this issue) | Home | Text-version home