Throwing the fight?

Prosecutors on Sunday said they will not appeal a U.S. judge's ruling that refused to let a key witness testify in the first criminal trial of a terrorism suspect from the Guantanamo Bay military prison.

"The government ... has decided not to pursue an appeal from the court's decision," said a letter from the U.S. Attorney for the Southern District to the presiding judge in the case.

http://www.reuters.com/article/idUSTRE6954GH20101010

If the Obama Justice Department loses this trial, and a terrorist walks free, this will be the reason why.

There is simply no logical reason for the government to waive its right to appeal the judge's adverse ruling on the admissibility of the testimony of the star prosecution witness. The government's litigation budget in this matter is unlimited. Any of the usual concerns as to delay, logistics and costs are inapplicable to the government.

It makes no sense . . unless they're trying to throw the trial.

This is a situation in which the main actors are either stupid or evil.