A federal appeals court has overturned a judge's order that Timothy McVeigh's execution be videotaped for use in a separate court case.
Lawyers are trying to show the death penalty violates a constitutional ban on cruel and unusual punishment.
The appeals court has blocked the taping order until a panel of judges in Philadelphia can consider it.
The Justice Department is fighting against any videotaping, citing a federal regulation that prohibits any photographic, visual or audio recording of executions.
McVeigh's execution by injection on Monday in Indiana will be the first federal application of the death penalty since 1963.
McVeigh's lawyer Mr Chris Tritico says a defence lawyer in the Pennsylvania case contacted him to ask if McVeigh would mind the videotaping.
He said: "I discussed it with my client. He said he would not oppose the videotaping or the use of it in that case."
PA