“There is significant evidence in this record that you did not know anything about the World Trade Center, the Pentagon, or any of the specific plans,”
“That would very likely put you in a situation of being able to argue very effectively that although a member of the conspiracy, you should be given a significantly mitigating role, and that might be sufficient for the jury to find that the death penalty would not be appropriate in your case.”
“The affidavit must indicate why investigators were unable to retrieve any information from MSN Hotmail and/or any other computers or accounts searched,”
“This is the second significant error by the government affecting the constitutional rights of the defendant and the criminal justice system in this country in the context of a death case.”
“agrees with the defendant's skepticism of the government's ability to prosecute this case in open court in light of the shroud of secrecy under which it seeks to proceed.”
“Unless the United States demonstrates a legitimate reason why these recordings are essential to an issue in dispute either in the guilt or penalty phase of this case, these tape recordings should not be admitted at trial,”
