I think this is generally referred to as deliberately building error into the case. Or at least I would hope that the DOJ couldn't be that dumb.
If I were a gambling man, I would bet that this decision will not set well with Iraqi citizens. Perception is everything.
"The disputed evidence concerned statements the guards gave to state department investigators, which they were told would not be used to bring a criminal case. This limited immunity deal meant that prosecutors should have built their case against the men without using the statements. But Judge Urbina said prosecutors had failed to do so, and that the US government's explanation for this was "contradictory, unbelievable and lacking in credibility"."
- BBC News - US judge dismisses charges in Blackwater Iraq killings (view on Google Sidewiki)
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