If I were to overhear someone plotting a murder which later took place exactly as plotted, I would not be legally culpable in any way for not reporting said plot to legal authorities -- so long as I am not a police officer or a lawyer. Moussaui was haled into civilian court on charges that could be called "trumped-up."
No mistake, he belongs behind bars. But he should have been an enemy combatant from the get-go.
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