Feds continue terror trial without key witness

The U.S. government has decided not to appeal a judge's decision to ban a key prosecution witness from testifying at the first civilian trial for a Guantánamo Bay detainee, saying it would cause a delay.

The government announced the decision in a letter yesterday to U.S. District Judge Lewis A. Kaplan, saying it would be ready to begin the trial against Ahmed Khalfan Ghailani tomorrow.

In the letter, Assistant U.S. Attorney Michael Farbiarz noted that the government disagreed with Kaplan's decision and that it was something that would merit an appeal. But he said the government was prepared to prove its case without witness Hussein Abebe, and that other witnesses and victims had already traveled to New York for the trial.

Ghailani has been accused by the government of being a bomb maker, document forger and aide to Osama bin Laden. He has pleaded not guilty. - AP