Winning the unwinnable war with victories that ain't...

Justice Dept. Seeks End to Its Detroit Terror Case
By DANNY HAKIM

Published: September 2, 2004


DETROIT, Sept. 1 - The Justice Department on Wednesday assailed its own legal strategy in the case that had brought its first courtroom victory in the war on terror.

In a 60-page filing released Wednesday, prosecutors asked a federal judge to end the terror case against what they once called a "sleeper operational combat cell" based here. They are asking for a new trial of three men only on document fraud.

After nine months of investigation, federal prosecutors compiled a wealth of evidence that they said fatally undermined every aspect of their terror case. They also sharply rebuked the prosecutor who led the case, Richard G. Convertino, suggesting he knowingly withheld evidence that he was obligated to share with defense lawyers. Mr. Convertino, who was removed as the case prosecutor last year and is the subject of a department investigation, has denied accusations that he did anything wrong and has filed a lawsuit against the department.

The developments were a stunning reversal in a case once hailed by Attorney General John Ashcroft as a major victory in the war on terror.

"To have one of the department's few wins move into the loss category is pretty remarkable," said Jonathan Turley, a law professor at George Washington University. "The Detroit case is like a 20-car pileup for Ashcroft. You have an open feud with the former prosecutor and ultimately the abandonment of the case."