Al-Najjar case won't test use of secret evidence--With Mazen Al-Najjar in jail again under a final deportation order, a federal appeals court has dismissed as moot the question of whether the government wrongly detained him for 3 1/2 years on the basis of classified evidence allegedly linking him to terrorism. U.S. law gives Attorney General John Ashcroft "unambiguous authority" to take Al-Najjar into custody because an appeals court affirmed his final deportation order Nov. 13, a three-judge panel wrote in an order released Wednesday. As a result, the court said, there is no case for it to decide.