In their compromise proposal, prosecutors suggested they would drop efforts to argue the Federal Aviation Administration would have barred small knives, like those used by the hijackers, from planes and would have altered its terrorist screening profiles to catch the terrorists. Instead, they would call one witness, whom they did not identify, who worked at the FAA in August 2001 and could discuss the government's use of "no-fly" lists to bar specific, named terrorists from planes and how those lists evolved over the years.

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Original Post: 1:13 pm

Prosecution May Throw in the Towel in Moussaoui Death Case

The Washington Post reports that prosecutors have told the judge in the death penalty trial of Zacarias Moussaoui there is no point continuing the trial given her ruling yesterday banning aviation evidence and witnesses.

No final decisions have been made. The prosecution may seek to appeal her order, but the defense says they can't because the trial is underway. They may also file a request for the Judge to reconsider her ruling.

Here's one scenario I come up with as to how it might play out. The Government will show up on Monday and announce it has no more witnesses and rest it's case. The defense will argue for a directed verdict. The Government will argue against it. The Judge will grant the defense request saying the Government has not made its case for death. The Government will then appeal the granting of the directed verdict and raise the issue of the propriety of the Judge's order striking the aviation witnesses and evidence.

Other possibilities, anyone? Background here and here.

While this will be another loss for the Justice Department in its war on terror, Moussaoui will still do life in prison.