The release of classified information requires the approval of the U.S. attorney general. Kugler noted that the approval could be delayed by the resignation of Attorney General Alberto Gonzales last month.
Five of the six defendants are accused of plotting a paramilitary attack on Fort Dix inspired by al-Qaeda dogma. Officials said the five had hoped to use a pizza delivery pass to get on to the New Jersey Army base and open fire on soldiers.
Two FBI informants joined the group and made secret recordings of their plans.
Brothers Dritan Duka, 28, Shain Duka, 26, and Eljvir Duka, 23, along with Serdar Tatar, 23, and Mohamad Shnewer, 22, could face life in prison if convicted.
The sixth man, Agron Abdullahu, 24, was charged with helping some of the defendants obtain weapons. He could face 10 years in prison if convicted.
All six are Muslim immigrants raised primarily in South Jersey. They have been held in federal detention since they were arrested in May in a task-force sting.
This month, Kugler granted the prosecution's request to seat an anonymous jury, agreeing that jurors could be apprehensive about hearing a domestic terrorism case.
The defense had argued that keeping the jurors' names sealed - a rare step - would bias them by implying that the defendants were dangerous.
Prosecutors said they should have an answer on the use of classified information by the next status conference in the case, scheduled for Oct. 30.
They have not said what type of classified information is being evaluated - or even acknowledged that it exists.
Contact staff writer Troy Graham at 856-779-3893 or tgraham@phillynews.com.
