The lawyers for Sulaiman Abu Ghaith yesterday filed papers with US District Judge Lewis A Kaplan in New York saying that Mohammed was "the most qualified person alive" to tell them whether Abu Ghaith knew of any al-Qaeda terrorist operations or was part of any conspiracy to kill Americans.
Abu Ghaith is set for trial this month on charges that he conspired to kill Americans in his role as al-Qaeda's spokesman after the September 11 attacks. He has pleaded not guilty. If convicted, he could face life in prison.
Attorneys for Abu Ghaith said in court filings that their request to interview Mohammed was based in part on their in-person conversations in November with Salim Ahmed Hamdan, a former Guantanamo Bay detainee who is believed to have been bin Laden's driver from 1998 until November 2001.
The judge last month gave the lawyers permission to get a videotaped deposition from Hamdan, now in Yemen, because he refuses to travel to the United States. However, attorney Stanley Cohen told the court that Hamdan may no longer be available.
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Cohen said Mohammed consented through his lawyer to be interviewed by someone from Abu Ghaith's defence team, but the Department of Defence had not yet given permission. Cohen asked Kaplan to order it.
The lawyers noted that lawyers for Hamdan at his 2008 military commission trial requested and received the opportunity to interview Mohammed prior to Hamdan's trial. They said Mohammed declined to appear at trial to testify but his written answers to questions were read into the record and referenced in closing arguments by both sides.