Developments in the Moussaoui case

Judge Brinkema initially decided that the death penalty trial could go forward, but ordered that the U.S. would not be able to present witnesses from the FAA. However, the judge modified that order today to allow the prosecution to present aviation security testimony from witnesses who did not have contact with the wayward government lawyer, Carla J. Martin.

On a related point, there's a note of explanation that hasn't been provided by most media outlets covering the story but that's vital to understanding the trial. The government's theory is that Moussaoui pretended to cooperate with FBI agents after his arrest but actually misdirected them away from the 9/11 attacker's plan. The government argues that if Moussaoui had revealed the real plot, aviation authorities could have increased security and likely prevented at least one of the hijackings. Thus, the U.S. must present aviation security testimony about what would have been done if authorities had been warned in order to have any chance of getting a death sentence for Moussaoui. Ms. Martin's misconduct with some of those witnesses placed the whole trial in jeopardy.