Wherefore the Evidence?

So, does anyone remember that part in legal cases where the presecution presents evidence against the defendant? Well, in the Combat Status Review Tribunals that labeled the Guantanamo detainees, evidence is a VERY fluid entity. Read this for more: In a petition filed last Friday in the D.C. Circuit Court of Appeals, the DoJ argues that it cannot possibly comply with the federal appeals court's order of last July to turn over this evidence. Reasoning: 1) Disclosure could "seriously disrupt the Nation's intelligence-gathering programs" and cause "exceptionally grave damage to national security." No surprise there. But it also argues that 2) the information used against the detainees at the CSRTs "is not readily available, nor can it be reasonably recompiled." What we have here is evidence that cannot be publicly disclosed because it is vital to national security, and also... lost? the only thing more terrifying than convictions based on secret evidence is the possibility that when it comes time to fight those convictions, the secret evidence might just disappear. Doh.