Moussaoui indictment to be thrown out...

In Maneuver, U.S. Will Let Terror Charges Drop

very interesting. we should talk about this in crim pro.

since witnesses are not available (because of the WOT, compromising national security, they are in cuba) the trial can't go on, and the court has no other alternative than to kick it up to the 4th Circuit to resolve these issues. after that, perhaps it could be remanded to continue trial, or it will go to the supreme court to resolve the constitutional issues not only of the unavailability of defense witnesses, but also of the potential for subjecting a citizen to a military tribunal.

I sort of figured that ashcroft was going to have a tough time prosecuting 'terrorists', or whatever in civilian court.

this may have the eventual outcome of strengthening the military tribunal system because it will be most efficient and secure, protecting the confidentiality necessary to continue the WOT.

at the expense of the Constitution.

UPDATE: the government's position filed 9/24/03. (findlaw pdf)