Terror Case Is Cleared For Trial: "the judges rejected the government's argument that courts cannot interfere in the war on terror, saying Brinkema was within her power to order that depositions be taken of witnesses being held overseas who prosecutors said were out of the purview of the courts.
The court also pointed out that even the government had admitted that some of the al Qaeda witnesses in their statements tend to exonerate Moussaoui from a Sept. 11 role.

'If Moussaoui had no involvement in or knowledge of Sept. 11, it is entirely possible that he would be found not eligible for the death penalty,'' the opinion said."
- posted by geoff @ #