In a small and no doubt transient victory for civil rights, Judge Brinkema granted Moussaoui access to Khalid Shaikh Mohammed’s testimony. Moussaoui is on trial for his role in the 9/11 terrorist attack, and he claims Mohammed can testify that he wasn’t involved.
The government is expected to appeal on the grounds that, says CNN, “no court can order the executive branch to produce an enemy combatant detained on foreign soil and that doing so would disrupt the war on terrorism.”
The point they’re still missing is this: the justice system is not designed to make it easier to prosecute the war on terrorism. It’s designed to give people fair trials, and sometimes it even succeeds. We do not make our judicial decisions based on whether or not the choice would make the prosecution’s life easier.
And it is completely unacceptable to create a method by which the executive branch can hold anyone they like without oversight or recourse.