Prosecutors are arguing that the jury in the trial of accused al Qaida spokesman Sulaiman Abu Ghayth should not hear from Khalid Sheikh Mohammed, the mastermind of the 9/11 attacks, by closed-circuit testimony from Guantanamo Bay.

In a filing Monday morning, the Southern District U.S. Attorney’s Office argued that Judge Lewis Kaplan (See Profile) should reject defense attorney Stanley Cohen’s bid to call Mohammed as a witness because it was too late in the game. The bid also “unambiguously fails on the merits,” the office argued, because “Mohammed has flatly and definitively refused to testify.”