Zacarias Moussaoui, the only person to be charged in federal court with offenses relating to the 9/11 attack, is asking for a delay in setting his trial date so he can appeal the most recent adverse rulings against him to the U.S. Supreme Court. Scotus blog reports these are the constitutional issues he will raise:

• Has Moussaoui’s Sixth Amendment right to obtain witnesses to testify in his favor been denied? That is a reference to the three high-level Al Qaeda operatives that the U.S. has captured and is holding overseas in undisclosed locations. The Fourth Circuit has ruled that they could give favorable testimony that might help Moussaoui prove that he was not directly involved in the Sept. 11 attacks. The Fourth Circuit, however, has strictly limited his lawyers’ access to those three. This issue will turn on the Supreme Court’s ruling earlier this year in Crawford v. Washington.

• Is it appropriate, under the due process clause of the Fifth Amendment, for the government to seek the death penalty when the government will not produce “all favorable evidence before trial,” and the jury that would sentence Moussoui if convicted “is precluded from considering all of the circumstances of the offense”? This is a reference to the unusual procedure mandated by the Fourth Circuit for editing, for use at trial, statements that the Al Qaeda operatives have made to government interrogators about 9/11.