ALEXANDRIA, Va. (AP) — Zacarias Moussaoui's contention that he was not part of the Sept. 11 plot is likely to be supported by an al-Qaida captive, who may testify the accused terrorism suspect wasn't even contacted to participate, a federal judge says.

U.S. District Judge Leonie Brinkema cited the likely testimony to justify giving Moussaoui access to the prisoner for pretrial testimony and possibly as a trial witness. She also granted access to a second al-Qaida prisoner who would support Moussaoui's contention he was not part of the attack conspiracy.

By testifying that Moussaoui was not even contacted about the plot, the witness would go even further than the defendant's oft-stated contention that he never had a role in the attacks.

The names of the potential witnesses were blacked out in the order written Friday and released Wednesday, but news reports last week identified them as a mastermind of the plot, Khalid Shaik Mohammed, and Mustafa Ahmed Hawsawi, an alleged paymaster for the 19 hijackers.

One of the witnesses "supports the claim that Moussaoui was not part of the Sept. 11 plot because the defendant was in the United States at the time, but was not contacted," Brinkema said. Moussaoui was arrested for immigration violations in August 2001 after his lack of flying skills raised suspicions at a Minneapolis flight school.

This is the second time the judge has granted Moussaoui -- an acknowledged al-Qaida loyalist -- access to his former colleagues. The government has contended national security would be irreparably damaged and has defied Brinkema's order to produce a witness, former al-Qaida operative Ramzi Binalshibh.

Brinkema is expected to impose penalties against the government for its defiance, a move that could lead to intervention by a federal appeals court.

Moussaoui is representing himself and also has a team of court-appointed lawyers in the only U.S. prosecution to result from the Sept. 11, 2001 attacks on New York City and Washington.

Although Moussaoui was indicted in December 2001, a trial has been delayed indefinitely over the witnesses access question. The court-appointed lawyers and Moussaoui have argued for the defendant's Sixth Amendment's right to witnesses who could aid his case or save him from a death sentence.

The government has argued Moussaoui has no constitutional right to compel testimony of enemy combatants captured in the theater of war and detained abroad.

"The court concludes detainees will likely be able to provide exculpatory testimony which the defendant has a constitutional right to present to the jury at trial," Brinkema wrote in her opinion.

She repeated her finding in granting access to Binalshibh: "National security concerns do not outweigh the defendant's Sixth Amendment right to compel trial appearances of witnesses in his favor."

The defense was obligated to demonstrate that the witnesses could help Moussaoui. The judge said the lawyers met that test.

The government's defiance to produce Binalshibh for questioning is expected to trigger an order by the judge to penalize the prosecution. Penalties could range from barring certain testimony to dismissal of the indictment, which charges Moussaoui with participating in a broad conspiracy to commit terrorism.

Brinkema's expected sanctions are likely to trigger intervention by the 4th U.S. Circuit Court of Appeals in Richmond, Va.

The court already has heard oral arguments on the witness access question, but decided not to intervene until Brinkema proceeded with sanctions.

The judge gave the government until Friday to propose a substitute method for Moussaoui to gain access to statements of Mohammed and Hawsawi, who are held in undisclosed locations.

In Binalshibh's case, the government attempted to substitute summaries of the prisoner's statements but the judge rejected the plan. She said the witnesses should be made available by Dec. 5.