How the Ashcroft lost the Moussaoui trial before it began

From the get-go, the trial of so-called "20th hijacker" Zacarias Moussaoui has been hamstrung by a Justice Department that seemingly wanted one prosecution to serve half a dozen irreconcilable ends. With a single deft trial, Attorney General John Ashcroft had hoped to avenge the evil of Sept. 11 for all Americans, while showcasing the even-handedness of the American justice system for the rest of the world. He wanted to soothe us with proven legal truths: He did it, and he paid for it with his life. And Ashcroft thought he could demonstrate to terrorists everywhere that transparency and due process would triumph over theocracy and prejudice. But as this prosecution unravels, indecision on the part of the Justice Department reveals nothing less than the government's own lack of faith in the courts.

The judge and prosecutors are trapped in a game of chicken: Prosecutors want the judge to do something that would force them to remove the proceedings to a closed tribunal while pinning the blame on her. Brinkema wants the government to do something that will make it impossible for the trial to proceed. Ultimately, neither wants to be held responsible for what will be perceived as the crushing failure of the U.S. justice system.

The question remains: If the inevitable end to this waiting game is that Moussaoui is carted off to a military brig, where he will be tried and likely executed with limited rights and no appeal, why did Ashcroft bring this criminal case in the first place?