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Fourth Circuit allows Moussaoui to depose enemy combatants

The US Court of Appeals for the Fourth Circuit Monday upheld a District Court ruling allowing accused would-be 9/11 hijacker Zacarias Moussaoui access to persons designated "enemy combatants" for the purpose of deposing them in writing. In the same ruling the District Court had rejected the Government's proposed substitutions for the depositions and had imposed sanctions upon the Government for failing to produce the witnesses. The Court of Appeals affirmed the District Court's finding on the depositions because they could provide Moussaoui with favorable and material testimony. It the Government's substitution list inadequate but it reversed the District Court's order that an adequate substitution list was improbable. Finally, the appeals court vacated the sanctions imposed upon the Government. Click to read the indictment against Moussaoui here. Complete docket information from the US District Court for the Eastern District of Virginia is available here. Click to read the Fourth Circuit opinion here [PDF].

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