Moussaoui Judge Warns Prosecutors
I have never understood how the Government could get the death penalty for Moussaoui on the theory that he was responsible for the 9/11 deaths not through his participation in the plot but through his failure to tell authorities what he knew so it could be stopped.
It seems the Judge today had the same concern.
"I must warn the government it is treading on delicate legal ground here," U.S. District Judge Leonie Brinkema said at the conclusion of the day's testimony, after the jury had left the courtroom. "I don't know of any case where a failure to act is sufficient for the death penalty as a matter of law."
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