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ワシントンポスト：911事件2周年に米司法省検事は再び判事に挑戦「証人」調べ妨害
911事件2周年に、米司法省検事は再び、判事に挑戦し、唯一の起訴「犯人」ムサウイに関する「証人」調べを妨害しちょる。
別途、FBIは911を「ミステリー」としているのだから、ほんに無茶苦茶ですがな。
以下が、下記の新記事の中のProsecutors used a similar argument in July when they defied an earlier orderに該当するわが7月15日の阿修羅戦争掲示板投稿の抜粋紹介である。
---------- 引用ここから ----------
ワシントンポスト：米司法省911事件唯一の起訴「犯人」証人喚問の判事に逆らう：告訴却下の可能性？
http://www.asyura.com/0306/war36/msg/934.html
投稿者 木村愛二 日時 2003 年 7 月 15 日 23:12:15:
[中略]
こりゃ、いったい、何じゃ、判じゃ、検じゃ、まるで裁判にならん事件を根拠にして、アフガニスタンからイラクまで何十万人を死傷しまくったブッシュらの「国家」が、法治国の先輩とは、これいかに？
http://www.washingtonpost.com/
[中略]
http://www.washingtonpost.com/wp-dyn/articles/A56240-2003Jul14.html?nav=hptop_tb
Moussaoui Prosecutors Defy Judge
Refusal to Produce Key Witness May Lead to Indictment's Dismissal
[後略]
---------- 引用ここまで ----------
以下が、新記事である。
http://www.washingtonpost.com/wp-dyn/articles/A57072-2003Sep10.html
Prosecutors Again Defy Judge in Moussaoui Case
By Jerry Markon
Washington Post Staff Writer
Wednesday, September 10, 2003; 7:47 PM
The Justice Department today for a second time defied the federal judge overseeing the case of accused terror conspirator Zacarias Moussaoui, saying it would not comply with her order to turn over two top al Qaeda detainees for interviews by Moussaoui and his legal team.
The refusal to produce the witnesses -- identified by sources as former al Qaeda operations chief Khalid Sheik Mohammed and Mustafa Ahmed Hawsawi, the alleged paymaster to the hijackers in the Sept. 11, 2001, attacks on the United States -- means the case against Moussaoui could be dismissed by the judge.
Under the federal laws governing disclosure of classified information in criminal cases, U.S. District Judge Leonie M. Brinkema can sanction the government for refusing her order. Prosecutors acknowledged in court papers today that Brinkema will likely respond by dismissing the indictment against Moussaoui -- but they also said they would appeal a dismissal, or other punishments, to the U.S. Court of Appeals for the 4th Circuit.
Other possible punishments include striking the possibility of the death penalty for Moussaoui, who is the only person charged in the United States in connection with the 2001 attacks.
In their filing in federal court in Alexandria, prosecutors said their obligation to protect national security prevented them from complying with the judge's order.
"These unprecedented depositions of ... enemy combatants would needlessly jeopardize national security at a time of war with an enemy who has already murdered thousands of our citizens," said the filing, signed by lead prosecutor Robert A. Spencer.
Prosecutors used a similar argument in July when they defied an earlier order from Brinkema to produce for deposition Ramzi Binalshibh, another top al Qaeda operative. Brinkema has indicated she will sanction the government for that refusal -- and the standoff on all three witnesses will likely have to be resolved by the Richmond-based 4th Circuit or possibly the U.S. Supreme Court.
The government papers filed today asked Brinkema to delay any sanctions until the appeal is heard.
The stakes are high for not only the Moussaoui case but also further prosecutions of major terrorism cases in civilian courts. If the government is ultimately ordered to produce the three al Qaeda operatives by the higher courts, officials have said they likely will move the Moussaoui prosecution to a military tribunal.
Moussaoui, a French citizen, is charged with conspiring with al Qaeda in the attacks on the World Trade Center and Pentagon, and the government is seeking the death penalty. But the case has been snarled by the witness access dispute, which arose in late January when Brinkema granted the defense motion to depose Binalshibh, the self-described planner of the attacks, who was captured last fall.
Moussaoui and his defense team contend that Binalshibh has information vital to the defense and that preventing Binalshibh's testimony would violate Moussaoui's constitutional rights. But government attorneys objected to a deposition, saying it would interrupt a vital interrogation and threaten national security.
The issue already has reached the 4th Circuit, which dismissed the government's appeal of Brinkema's ruling on procedural grounds but said prosecutors could appeal again if they refused to produce Binalshibh and were sanctioned by the District Court.
Last week, Brinkema granted another defense motion and ordered depositions of Mohammed and Hawsawi. She said a witness identified by sources as Mohammed could provide testimony that would "eliminate the possibility" of a death sentence for Moussaoui and could clear him of conspiracy charges.
Sources familiar with Mohammed's statements said he has told interrogators that Moussaoui was sent to the United States for a mission that was to occur after the 2001 attacks, and not as a participant in the hijackings. But prosecutors believe the statements actually implicate Moussaoui in the conspiracy.
Some government officials have acknowledged that the statements of the al Qaeda witnesses could make it more difficult to secure a death sentence if Moussaoui goes to trial. Prosecutors would be required to more directly tie Moussaoui to the events of Sept. 11, 2001, in the trial's death penalty phase than they would in the guilt phase.
On Tuesday, Brinkema rejected a government proposal for a middle ground known as "substitutions," or alternate versions, supplied by the government based on interrogations, of what the prisoners would say if they testified. She then gave the government until today to notify her of whether it would comply with her order.
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