U.S. Will Defy Court's Order In Terror Case - The New York Times

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U.S. Will Defy Court's Order In Terror Case - The New York Times

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Justice Dept defies court order to make captured member of Al Qaeda available for testimony in case of Zacarias Moussaoui; acknowledges that decision could force federal judge to dismiss indictment against Moussaoui, only person facing trial in United States in connection with Sept 11 attacks; in court papers, department says Atty Gen John Ashcroft has determined that testimony from accused terrorist Ramzi bin al-Shibh, confessed participant in Sept 11 attacks, would result in unauthorized disclosure of classified information; Bush administration officials have said for months that if Moussaoui's indictment were dismissed, his prosecution would be moved to military tribunal, where he would have fewer rights to gather testimony from witnesses like bin al-Shibh; Justice Dept decision, which was expected, comes after extended courtroom battles before Judge Leonie M Brinkema, trial judge, in which department insisted that testimony from bin al-Shibh would damage national security and Brinkema ruled that Moussaoui has constitutional right to question him; in latest ruling, United States Court of Appeals declines to overrule Brinkema's decision (M)

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NEW YORK CITY,PAKISTAN,WASHINGTON (DC),AL QAEDA,BRINKEMA LEONIE M,BIN AL-SHIBH RAMZI,BUSH GEORGE W,ASHCROFT JOHN,MOUSSAOUI ZACARIAS,WORLD TRADE CENTER (NYC),AIRLINES AND AIRPLANES,HIJACKING,FREEDOM AND HUMAN RIGHTS,TERRORISM,DECISIONS AND VERDICTS,UNITED STATES ARMAMENT AND DEFENSE

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