The US government may pursue the death penalty for accused September 11th conspirator Mr Zacarias Moussaoui if he is convicted, a federal appeals court has ruled.
The ruling by the US Court of Appeals for the 4th Circuit in Richmond, Virginia, gave Mr Moussaoui freedom to use in his defence statements by al-Qaeda captives gathered by means other than the face-to-face interviews he had sought.
The court also rejected Mr Moussaoui's appeal of its order barring him from interviewing people held by the United States as enemy combatants.
Mr Moussaoui (35), a French citizen of Moroccan descent, is the only person charged in the United States in connection with the attacks that killed nearly 3,000 people.
US Attorney General John Ashcroft said the ruling affirms that the government can provide Mr Moussaoui a fair trial while still protecting national security interests.
Mr Moussaoui's lawyers had argued that national security concerns should not outweigh the right to a fair trial.