The Justice Department has argued that Mr. Moussaoui has no right to seek testimony from the terrorists because they are being held overseas as enemy combatants.
On the surface, life proceeds as though Mr. Clinton had no testimony planned, as though his private lawyer had not practically moved into the White House.
Now, once again we have had no testimony except what would seem clearly logical from the experts, the way the body was found, where he'd been shot, what he'd been shot with, and the position of the glasses in relation to the body at the death scene, we had no other testimony.
I don't know, it is an inference, I wasn't there, we have had no testimony whatsoever as to what they were drinking at the Spot Club, once again, neither one of the defendants have seen their way clear to come up and tell you what they were drinking if it was beer.
'Now, ladies and gentlemen, I don't know which one of these weapons was purchased first, I don't know that it particularly makes any difference, but as you know, we have had no testimony at all in that regard, in fact, I might add that the only person or persons that could give testimony in that regard would be, of course, the defendants themselves.
"A defendant has no right to present perjured testimony," a federal prosecutor, Michael D. Lockard, wrote last month to Judge Richard J. Holwell of the United States District Court in Manhattan, "and Nosair can hardly invoke the court's aid to vacate his conviction based on such a claim".
In the brief, which was classified as top secret when it was filed last month, the department said Mr. Moussaoui had no right to seek testimony from the captured Qaeda member, despite Mr. Moussaoui's claim that the testimony would prove he is not guilty.
The Justice Department had wanted, and did not receive, a clear statement from the appeals court that Mr. Moussaoui had no right to direct testimony from enemy combatants held abroad.
would lead any reasonable observer to conclude that--despite having heard no testimony and having reviewed no admissible evidence--Judge Sporkin predetermined the merits of this case based on 'independent research' he did outside the courthouse," Microsoft said in its legal filing.
Some of the subjects read a transcript that included the testimony of a jailhouse informant to whom the defendant had confessed his crime privately crucially, there were two versions, one in which the informant received a benefit for his testimony and another in which he did not while the control group's transcript had no such testimony.
