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you are making the point as to why its impossible to provide Padilla a trial, we all know these witnesses cannot appear or even be deposed by the shrill brooklyn lawyer that Padilla has. so what is the government supposed to do with Padilla?

Judges can close portions of trials to the public, and require that defense attorneys have a clearance. The government managed in espionage cases, they can manage in this one too. The whole national security line is a lever by Ashcroft to be able to play Werner Best of the Gestappo (thanks again for the link aristeides, I've done some research since then).

KSM and Zubayda don't even now where they are. They don't know what country they are in, or who is actually holding them. How are you going to allow an ACLU lawyer and Ramsey Clark to speak to them? Do you think some undercover agent from the ISI in Pakistan is going to testify in a trial?

Our judicial system is the most corrupt branch we have, loaded with aparachiks from the left at the highest levels. We cannot expect to be protected by this branch of government, so for now, we'll have to put our faith in the executive branch. If you don't like the current makeup of the executive branch, vote them out.