United States v. Moussaoui

Zacarias Moussaoui (defendant), indicted for crimes tied to the September 11 attacks, sought access to a captured al Qaeda-linked witness and two other government-held witnesses whose testimony he argued was essential to his defense; the government, citing national-security concerns, refused, and after the district court found the witnesses material and ordered remote video depositions, the government refused to comply even after the case was remanded to consider possible substitutions. The district court then dismissed the indictment and barred the government from offering any evidence tying Moussaoui to the September 11 attacks, and the government appealed, arguing the deposition orders violated separation of powers by intruding on the executive's war-making authority.