If you don't have enough evidence, that you can make avaliable, to secure a conviction.. Then why go to court in the first place?
Don't they know how bad it will look if the case collapses?
ZM is not guilty of a crime that the civil justice system can prosecute him for, and convict him, without prostituting justice. (I suppose the courts could convict him and sentence him to death because they are on our side, but the courts are already politicized enough).
Moussaoui is guilty of violating the laws of war, in that he is clearly an enemy soldier (by his own admission), behind our lines and out of uniform. This is not a violation of the US Code and the federal Courts have no place in judging him.
My contention has been that he should have been taken at dawn on 9/12/01 to Rector Street in Manhattan and been put up against a wall and shot.
Since this was not done, the next best thing is for him to be turned over to the military for a court martial followed by a prompt execution.
It was a serious mistake to "indict" him for nonexistent crimes.