Justice Department defies Moussaoui judge

[Zero Signal]

The Justice Department on Monday refused to produce an al-Qaida prisoner for questioning by terrorism suspect Zacarias Moussaoui, an extraordinary defiance of a judge’s order that could trigger legal punishments.

U.S. DISTRICT JUDGE Leonie Brinkema has a range of sanctions available, including barring government evidence or even dismissing charges in the only U.S. case to arise from the Sept. 11, 2001, attacks.

If the Alexandria, Va.-based trial judge reacts by damaging the government’s case, the 4th U.S. Circuit Court of Appeals in Richmond, Va., has indicated it would intervene quickly on the witness access question.

The government said it recognizes that its objection means the deposition of suspected Sept. 11 organizer Ramzi Binalshibh cannot go forward. The Justice decision also “obligates the court now to dismiss the indictment unless the court finds that the interests of justice can be served by another action.”

If the court considers an alternative to dismissal, prosecutors asked that they be heard before action is taken. The government also asked Brinkema to postpone any action pending a ruling by the appellate court.

Brinkema has ruled that Moussaoui, who is representing himself, should be allowed to question Binalshibh via a satellite hookup. The exchange, which the government is desperately trying to stop, could be played to jurors if Moussaoui’s case goes to trial.

Brinkema had concluded Binalshibh may support Moussaoui’s contention that he was not part of the Sept. 11 conspiracy.

The eventual outcome of this dispute could affect future cases by deciding whether terrorism defendants will have access to enemy combatants, especially those, like Binalshibh, who are being held in secret locations overseas.

Repeating earlier arguments, the government said Monday: “The deposition, which would involve an admitted and unrepentant terrorist (the defendant) questioning one of his al-Qaida confederates, would necessarily result in the unauthorized disclose of classified information.

“Such a scenario is unacceptable to the government, which not only carries the responsibility for prosecuting the defendant, but also of protecting this nation’s security at a time of war with an enemy who already murdered thousands of our citizens.”

Moussaoui has admitted he’s an al-Qaida loyalist but denied he was part of the Sept. 11 plot.

http://www.msnbc.com/news/938917.asp?0cv=CB10

They must be afraid that their case does not hold water, or something. What are they afraid of might happen?

[ItalianStereotype]

Originally Posted by The Big Bad Nasty Right-Wing Gonna Getcha Government

The deposition, which would involve an admitted and unrepentant terrorist (the defendant) questioning one of his al-Qaida confederates, would necessarily result in the unauthorized disclose of classified information.

I'm willing to accept this. I don't particularly care what happens to Moussaoui and that lot. unfortunately, most of our justice seems to be taking place on the battlefield and not in the courtroom.