In the first World Trade Center bombing case in 1993, prosecutors had to give the defense a list of 200 unindicted co-conspirators. The list, he writes, was “delivered to bin Laden” ” and “was later found during the investigation of the African embassy bombings.”

Thats an interesting datapoint. Of course, Bush's response to this threat was to simply not have trials at all. The court has required trials, so they've got to hold them. What confuses me is why they can't preserve proceedural fairness while improving information security. Haven't you limited the suspect's ability to communicate with free conspirators? Don't the defense attorneys have security clearances? (Of course, the latter could be used as a tool by the government to remove any useful defense attorney, but that need not be the case.)

A Terror Trial, With or Without Due Process