The charges

Conspiracy to commit acts of terrorism transcending national boundaries Conspiracy to commit aircraft piracy Conspiracy to destroy aircraft Conspiracy to use weapons of mass destruction Conspiracy to murder US Government employees Conspiracy to destroy US Government property

A New York judge is due on Thursday to inform Zacarias Moussaoui, 33, that he will appear before a court in the state of Virginia on 2 January to answer six charges.

These include conspiracy to commit terrorist acts, destroy aircraft, murder US employees and use weapons of mass destruction.

The decision to try Mr Moussaouri in a normal courtroom means the proceedings will be open to the public and that a unanimous jury vote will be needed for a conviction.

Military tribunals only require a two-thirds majority.

If convicted of the charges, the Frenchman may be sentenced to death.

French unease

White House spokesman Ari Fleischer said President George Bush had concluded that Mr Moussaoui could be tried in an open court without jeopardizing national security.

However, he said, the president reserved the right to change his mind.

Mr Moussaouri's mother does not believe he will get a fair trial

"If subsequent information were to be received in the course of developing facts and information, the president's options remain open," Mr Fleischer said.

The French government, which has already offered consular protection - or legal assistance - to Mr Moussaoui, has warned of diplomatic tensions should he receive the death penalty, which France abolished in 1981.

"No person benefitting from French consular protection should be executed," said French Justice Minister Marylise Lebranchu.

In Paris, the lawyer and fiancee of the imprisoned murderer known as Carlos the Jackal also said she would be providing legal advice to Mr Moussaoui.

Isabella Coutant-Peyre said Mr Moussaoui's mother had contacted her on his behalf.

Number 20

Mr Moussaoui was first detained on immigration charges in August when he aroused suspicion at a Minnesota flight school where he sought training.

He is reported to have said he wanted to learn how to fly planes but was not interested in how to take off and land them.

Ashcroft: Indictment is a victory

US officials now believe Mr Moussaoui may have been slated to be the 20th hijacker but was unable to take up the task as he was in custody.

Since 11 September he has been the subject of intense scrutiny, and the failure to investigate him thoroughly prior to that date has drawn harsh criticism.

The FBI had wanted to examine the hard drive of his computer, but the Justice Department refused to grant a search warrant because at the time there did not seem enough evidence to suggest he was a terrorist threat.

The FBI director said that a subsequent search of the computer after the attacks showed that Mr Moussaoui had gathered information about the "dispersal of chemicals" as well as about crop-duster planes.

The discovery prompted the Bush administration to temporarily ground crop-dusters as a precaution against a possible biochemical attack.

More than 1,000 other people have been arrested in the US since the attacks - but most of them have not been identified by the US authorities.

Attorney General John Ashcroft said the 30-page indictment against Mr Moussaoui included co-conspirator Osama Bin Laden, America's prime suspect in the terror attacks.

He said the indictment was "another victory in the war against terrorism."

"Al-Qaeda will now meet the justice it abhors," said Mr Ashcroft.