Yes!

The Judge presiding over the trial of Zacarias Moussaoui has decided on sanctions for the Government as a result of its refusal to comply with her order to allow Moussaoui to interview 3 al Qaeda witnesses who may have exculpatory information about his participation or lack of participation in the 9/11 attacks: the Government can't seek the death penalty.

A U.S. federal judge on Thursday barred the government from seeking the death penalty for terrorism suspect Zacarias Moussaoui, inflicting a major defeat on the government for refusing to let the defendant question three al-Qaida prisoners.

She said the government's notice of intent to seek a death sentence must be stricken and prosecutors cannot present any evidence or argument that the defendant was involved in, or had knowledge of, planning the Sept. 11 attacks.

This is way better for Moussaoui than dismissing all charges as the Government had wanted. Had all charges been dismissed, the Government, if it lost the appeal, most likely would have decided to try Moussaoui in a secret miltary tribunal proceeding.

With the case still alive, and the Government not prohibited from going forward on all counts at trial and getting a life verdict, we think Ashcroft and Rumsfeld would face far too much criticism if they moved Moussaoui's case to a tribunal just to be able to execute him.

Judge Brinkema's order today will be stayed so the Government can appeal. We think they face a tougher battle on appeal since it is up to the Judge to decide on sanctions, and since she didn't pick the most serious sanction, dismissal, the appeals court will be hard pressed to say she abused her discretion.

Since last September, we've been suggesting:

Maybe a compromise could be worked out where the Government drops the death penalty request against Moussaoui if Moussaoui pleads and agrees to a life sentence thereby avoiding the need to call Binalshibh at all.

Whatever happens, it should occur publicly. The Government should not be allowed to hide behind a veil of secrecy in this case as it has with Padilla and Hamdi and the other so called "enemy combatants."

All of our Moussaoui coverage can be found here.