Created on Monday, 17 March 2014 Written by THE ASSOCIATED PRESS
NEW YORK (AP) — Prosecutors say a New York judge should disallow testimony from the self-described mastermind of the Sept. 11 attacks at the trial of Osama bin Laden's son-in-law.
The government made the request Monday in papers filed in federal court in Manhattan.
Prosecutors responded to a request by defense lawyers to call Khalid Sheikh Mohammed as a witness at the trial of Sulaiman Abu Ghaith (SOO'-lay-mahn AH'-boo GAYTH).
Mohammed is detained at Guantanamo Bay. He said in a statement in response to questions from Abu Ghaith's defense lawyers that he would not testify.
The judge did not immediately rule.
Meanwhile, the defense is presenting its case. It began Monday by calling two FBI agents who accompanied Abu Ghaith to America last year.
Abu Ghaith has pleaded not guilty to conspiring to kill Americans.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
The self-described mastermind of the Sept. 11 attacks says a onetime Osama bin Laden spokesman who is on trial in New York had no role in planning military operations for al-Qaida.
Khalid Sheikh Mohammed said in a statement filed late Sunday in Manhattan federal court that Sulaiman Abu Ghaith served as an al-Qaida spokesman because he was "an eloquent, spellbinding speaker." But Abu Ghaith, Mohammed said, "was not a military man and had nothing to do with military operations."
Abu Ghaith, who is a son-in-law of bin Laden, is charged with conspiring to kill Americans.
Prosecutors say Abu Ghaith was part of al-Qaida's deadly plot in his role as spokesman in fiery videos and as a motivational speaker at the group's training camps in Afghanistan. Abu Ghaith's lawyers have said the Kuwait-born imam made inflammatory remarks but didn't conspire to carry out terrorism.
Defense lawyers are seeking to use testimony from Mohammed, who is in a detention facility in Guantanamo Bay, Cuba. They would need U.S. District Judge Lewis A. Kaplan's approval to introduce the information.
The defense has suggested Mohammed could help rebut the government's claim that Abu Ghaith must have known in advance of al-Qaida's so-called shoe bomb airplane plots, including Richard Reid's attempt to carry one out in December 2001.
The statement from Mohammed consisted of answers he gave to questions posed by Abu Ghaith's lawyers.
In the statement, Mohammed said he never spoke with Abu Ghaith about the shoe bomb operation and added, "those tasked with giving statements to the media do not necessarily know all the details of an operation and are sometimes even unaware of the very existence of the operation."
Prosecutors rested their case Friday in the trial of Abu Ghaith, the highest-level al-Qaida figure to be tried in the U.S. since the Sept. 11 attacks. The defense case is due to start Monday.