We affirm the conclusion of the district court that the enemy combatant witnesses could provide material, favorable testimony on Moussaoui’s behalf, and we agree with the district court that the Government’s proposed substitutions for the witnesses’ deposition testimony are inadequate.
They ruled that the witnesses have info Moussaoui should see..
However, we reverse the district court insofar as it held that it is not possible to craft adequate substitutions, and we remand with instructions for the district court and the parties to craft substitutions under certain guidelines.
They told the district court there are options.....figure it out.
Finally, we vacate the order imposing sanctions on the Government.
They vacated the penalties placed on the government.
Actually, they are telling the district court that the defense can use summaries of the statements, and the district court shouldn't have summarily rejected the Gov't's attempt to use these summaries. The fourth circuit also gave the district court a bit of a roadmap to use to figure out the proper way to present the summaries to the jury.