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U.S. Government Mistakenly Gave Moussaoui Secret FBI Documents

U.S. prosecutors mistakenly provided alleged terrorist Zacarias Moussaoui with classified documents which they had to retrieve from his jail cell.

WASHINGTON, Sept 28 (IslamOnline & News Agencies) - U.S. justice officials faced public humiliation Friday, after a federal judge disclosed they had mistakenly supplied terrorist suspect Zacarias Moussaoui with dozens of secret Federal Bureau of Investigation (FBI) documents.

U.S. District Judge Leonie Brinkema had ordered the documents retrieved from Moussaoui's cell and, in a move exposing the government's clumsiness, released Thursday a collection of letters from federal prosecutors in which they acknowledge the mistake and plead for help.

The retrieval took several days of searches of Moussaoui's jail cell in Alexandria, Virginia, where he is being held in solitary confinement awaiting trial, reports news agencies.

The contents of the 48 documents have not been formally disclosed.

Brinkema reviewed two of the documents at issue, saying in the order, "We find that significant national security interests of the United States could be compromised if the defendant were to retain copies of this classified information."

The documents are reported to feature summaries of interviews conducted by FBI agents with people detained in connection with the September 11 attacks and sensitive information about Osama bin Laden's al-Qaeda network.

Assistant U.S. Attorney Robert Spencer said the documents "contain national security information."

The administration of President George W. Bush has denied access to such data even to most members of Congress.

Moussaoui, a 34-year-old Frenchman, faces six federal charges of conspiracy and a possible death sentence for alleged involvement in the September 11 attacks.

The secret FBI documents had been given to Moussaoui as part of the discovery process, a legal requirement stipulating that a defendant must be made aware of evidence that will be used against him in trial.

A Justice Department official said the government was "quite confident" Moussaoui never read the documents, which were not stamped "classified," reports news agencies.

"We are quite confident that Moussaoui never saw any of the materials of concern," he said, but added that U.S. Attorney General John Ashcroft had asked the FBI to conduct a damage assessment.

Moussaoui, who some believe was designated to become a 20th hijacker in the September 11 plot, was detained for immigration violations in the northern state of Minnesota long before the attack and remained behind bars when it occurred.

He has admitted being an al-Qaeda member and bin Laden sympathizer but has denied any role in the attacks. His trial is set to begin on January 6.

Moussaoui and Moroccan Mounir El Motassadeq are the only people worldwide to have been indicted for the September 11 attacks.

The correspondence released by Brinkema reveals the Justice Department was reluctant to admit the scope of its blunder.

In his first plea mailed August 22, Assistant Attorney Spencer mentioned only two sensitive documents. A week later, the number grew to seven. It only reached four-dozen by mid-September.

"Simply put, it is illegal and dangerous for the defendant to possess the material and there must be some way that we can correct the situation," Spencer implored.

The blunder could not have come at a worse time for the U.S. intelligence community, already reeling from charges it missed clues that should have alerted it to the impending September 11 strikes.

Curiously, a previously classified FBI report about the plot released by the FBI Thursday contains no mention of Moussaoui at all, despite all the charges against him.

The account, first presented by FBI Director Robert Mueller at a closed hearing in Congress in June, describes in painstaking details how the 19 alleged hijackers entered the United States, learned to fly planes, communicated with each other and received money from abroad.

But Mueller offered a conclusion that might have an impact on the Moussaoui case.

"To this day we have no one in the United States except the actual hijackers who knew of the plot and we have found nothing they did while in the United States that triggered a specific response about them," he said.

The report revealed the FBI still had unanswered questions about the hijackers' activities.

It still does not know, for example, why suspected terrorist ringleader Mohamed Atta flew to the Spanish capital Madrid in January 2001 and his associate, Marwan al-Shehhi, went to Casablanca, Morocco, at about the same time.

Nor is it clear why at least one of the plotters for each of the four hijacked planes traveled to Las Vegas, Nevada, between May and August 2001, Mueller said.

Moussaoui goes on trial January 6 on charges of conspiring with the September 11 hijackers to commit terrorism. The Justice Department said it would seek the death penalty if he were convicted. 

 

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