The presiding judge in the case against accused terrorist Zacarias Moussaoui would allow him to question a captured al-Qaeda operative during a videotaped deposition that would be played later for a jury, according to court papers made public Wednesday. U.S. District Judge Leonie Brinkema in Alexandria, Va., set off a legal firestorm in January when she ruled that Moussaoui, 34, should have access to Ramzi Bin al-Shibh before Moussaoui’s trial. Her decision emphasized the defendant’s right to a fair trial over the government’s claims that giving the defense access to Bin al-Shibh could damage national security by interrupting a crucial interrogation. Prosecutors appealed the decision, saying in a brief filed in the U.S. Court of Appeals for the 4th Circuit in Richmond that Brinkema had exceeded her authority and had given Moussaoui ”a breathtaking right to interfere with the conduct of warfare.” The specifics of Brinkema’s order were not revealed previously. The court papers, portions of which were redacted for security reasons, said she ordered the government to set up a closed-circuit television hookup for Bin al-Shibh’s deposition. Full Story
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