Prosecuting Terrorism
Published on September 20, 2004 by Bruce Fein | Permalink
Zacarias Moussaoui is on trial for terrorism conspiracies linked to the 9/11 abominations. The Constitution ordains rules that strongly favor acquittal: proof beyond a reasonable doubt; jury unanimity; the privilege against self-incrimination; the exclusion of reliable but illegally seized evidence; and, the right to confront adverse witnesses, the greatest engine every invented for the discovery of truth. But according to the United States Court of Appeals for the Fourth Circuit, that fortress of protections against convicting the innocent requires further buttressing. Last week in United States v. Moussaoui (September 13, 2004), the appellate court held that Moussaoui also enjoys a Sixth Amendment right of access to three Al Qaeda enemy combatant detainees captured in the war on global terrorism (Witnesses A, B, and C) who might provide exculpatory testimony. The decision seems a wrongheaded interference with the President’s constitutional power to wage war.