Moussaoui case maybe tossed?

From CNN:

A federal judge threatened to throw out the death penalty at the sentencing trial of al Qaeda conspirator Zacarias Moussaoui after prosecutors disclosed Monday that a government lawyer tried to coach seven witnesses.

Question: Is this what John Kerry and his ilk had in mind when they tell us that terrorism is a law enforcement situation? After all, who needs to take out terrorists with drones, guided missiles, or the Marines, when we could always use...(gasp!)...lawyers and judges?

Maybe the prosecutor flunked Kerry's "global test"?