WASHINGTON (AP) — The Justice Department told a court Thursday it will seek the death penalty against Zacarias Moussaoui, the only person to be charged in the Sept. 11 terrorist attacks against New York and Washington.

Prosecutors notified the trial judge in suburban Alexandria, Va., where the trial will be held this fall. The government had until Friday to decide.

Moussaoui, 33, a French citizen of Moroccan descent, is charged with conspiring with Osama bin Laden, the hijackers and others to commit the Sept. 11 attacks. His trial is to begin Sept. 30. Four of the six counts brought against Moussaoui carry a maximum sentence of death.

"The defendant, Zacarias Moussaoui, intentionally participated in an act contemplat . Attorney Paul J. McNulty said in the filing.

The document charged that Moussaoui engaged in an act of violence "knowing that the act created a grave risk of death to a person" and that "the crime constituted a reckless disregard for human life."

Attorney General John Ashcroft, a strong supporter of the death penalty, was in Miami Thursday when the government made its court filing. He had in recent weeks steadfastly declined to discuss publicly his deliberations with other top Justice officials on whether to seek the death penalty.

Moussaoui's home country, France, asked Ashcroft recently not to seek the death penalty and noted that U.S.-French judicial agreements would exempt France from having to cooperate with U.S. authorities on the investigation if capital punishment is involved. France has long opposed the death penalty.

Last weekend, Ashcroft said the death penalty was an appropriate possibility for "people who are part of a conspiracy and do everything they can to advance the conspiracy to kill Americans." He previously has described Moussaoui as an "active participant" in the Sept. 11 attacks.