Should Republicans go ahead and add Supreme Court Justices to head off Democrats

What were they thinking

Captain's Quarters:

Defense attorneys for accused terrorist funder Mohammed Ali Hassan al-Moayad, a Yemeni sheikh thought to be one of Osama bin Laden's spiritual advisors, may have outsmarted themselves yesterday. Prosecutors in the case attempting to convict al-Moayad of conspiring to funnel money to al-Qaeda dropped one of their key witnesses to the case when he set himself on fire in front of the White House three months ago, protesting his handling by the government, and had to drop some charges from the indictment as a result. Instead of counting their blessings, however, the defense called Mohammed Alanssi in a bid to show that investigators used an unstable crook to set up al-Moayad.

Big mistake:

Defiant, still obviously bitter about his treatment by government agents and expressing entitlement to millions he has not been paid, the Yemeni-born Mr. Alanssi said he deserved money for the risks he took in helping America fight terrorism.

He took some verbal shots at the federal agents who were once his allies, but he also tried to demolish the defense, unloading accusations that the jury had not heard yet concerning what he said were the sheik's ties to Osama bin Laden and commitment to jihad.

These were the components that the prosecution were forced to drop after Alanssi's departure from the case, and they are powerful testimony against the sheikh. One wonders why the defense gambled with Alanssi, except perhaps hoping to cause a complete meltdown on the stand and cause a spectacular backlash against the DA. However, it appears that they broke the first rule of litigation -- don't ever put a witness on the stand without knowing what will come out in the testimony....

...

Prosecutors can recall him for later testimony, but the New York Times notes that much of it would be redundant. Alanssi also testified that al-Moayad told him that the sheikh had given over $20 million to Osama bin Laden over the years prior to 9/11, years that included a number of al-Qaeda attacks on American assets abroad. Those conversations were not recorded, and would not have come out in testimony had the defense not used Alanssi as a witness.

It could not happen to a more deserving pair.