Al-Arian, 47, remains in jail, where he's been since his February 2003 indictment, while the federal government decides whether to retry him on the deadlocked charges, which include three key counts accusing him of conspiracy to support the Palestinian Islamic Jihad. Officials say there is no timetable for a decision.

Not-guilty on 8 charges, no decision on the deadlocked ones, but still in jail and probably to be deported if they don't think they can get him on those. Either they're overzealous and going for something that isn't there, or they're inept. Either way, this is not how to run a "War on Terror" much less a railroad.