If you haven't got a case you'd best make sure there isn't a trial

Is there a pattern that helps to explain why the US government is so opposed to open trials for alleged terrorists? Perhaps it has nothing to do with protecting state secrets or limiting access to classified government documents. Perhaps it is because they usually just don't have a case. For 2006 year to date federal prosecutors have declined to prosecute in 87% of terrorism referrals from the FBI up from 84% last year and 33% in 2001. There's something fishy here.

The data come from Syracuse University's TRAC FBI database.