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THE LEGAL CASE OF ZACARIAS MOUSSAOUI, the so-called “twentieth hijacker” and the only person hauled into U.S. criminal court for playing a direct role in the September 11 attacks, has been a morass from the beginning. Prosecutors have struggled to shove the square peg of international terrorism into the round hole of the criminal justice system. With an erratic defendant throwing away due legal protections and at times insisting on acting as his own counsel, extensive wrangling over the use of classified evidence and access to testimony from other al Qaeda detainees, scores of court filings, rulings, and appeals, and finally a judge’s finding of egregious government misconduct during the trial, one must ask: Is this the best we can do?
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