Wednesday, March 15, 2006

This is why Clinton was wrong

From The Washington Times:

Prosecutors seeking the death penalty against confessed terrorist Zacarias Moussaoui told a federal judge that it would be a waste of time to continue the trial after key government witnesses were barred from testifying.

The government is considering an appeal of U.S. District Judge Leonie Brinkema's decision yesterday that guts roughly half of the federal case against Moussaoui. Brinkema issued the sanctions because a government lawyer violated trial rules by coaching witnesses on their testimony and improperly giving them access to trial transcripts.

[Snip]

The judge penalized prosecutors after learning Transportation Security Administration lawyer Carla Martin had violated trial rules. Martin had improperly prepared seven witnesses from the Federal Aviation Administration for questions on cross-examination by sending them trial transcripts.


Federal rules of evidence prohibit witnesses from exposure to trial testimony because of the possibility they will alter their testimony based on what they learn. "I don't think in the annals of criminal law there has ever been a case with this many significant problems," Brinkema said after Tuesday's hearing uncovered even more government misconduct.

Two things. One, this is the problem with trying to deal with terrorists in a law enforcement framework. A violation of procedure on the part of the prosecution can throw a very large monkey wrench into the works. Moussaoui should have been taken to a military base outside the US and tried before a military tribunal. When found guilty he should have been offered his life if he would give up every last shred of information that he had (assuming that we thought he had anything of that much value to give). If he refused the deal then he should have been put before a firing squad within 90 days of the verdict.

The other thing is this. What the hell was the government lawyer thinking? Once you put someone in an American court under the rules by which American trials are conducted you are bound by them. In this setting what the government can do to Moussaoui it can do to any of the rest of us. In these circumstances the only thing to do is give the scumbag a new trial or give up on the death penalty. I just wish that we were enough like ancient Rome to give that idiot twit of a lawyer the lethal injection in Moussaoui’s place.