The latest development in the Moussaoui case (*) has my head spinning.
A federal judge has ordered that he be given access to a witness he claims can help prove his innocence, and the Justice Department has refused. The betting seems to be that the judge will dismiss the case, and that Moussaoui will then be tried instead by a military tribunal.
I’m no expert in Constitutional law, but is the Administration really prepared to assert that a the President can, by Executive Order, overrule both the Compulsory Process Clause and the Double Jeopardy Clause? Any reader more learned than I who can provide clarification is invited to do so.