Ashcroft refuses to produce al-Qaida witness in Moussaoui case; could lead to dismissal

The Justice Department defied a judge Monday and refused to make an al-Qaida witness available to terrorism suspect Zacarias Moussaoui even though the tactic could lead to dismissal of the case.

Dismissal could ultimately lead to prosecution in a military tribunal.

The high stakes defiance, on national security grounds, allows U.S. District Judge Leonie Brinkema to penalize the government but dismissal is not her only option. The Alexandria, Va.-based judge could throw out some charges, exclude government evidence or instruct jurors that the government refused to provide certain evidence.