The number of terrorism cases brought by the Justice Department, which surged in the aftermath of the Sept. 11 terrorist attacks, has dropped sharply since 2002, and prosecutors are turning down hundreds of cases because of weak evidence and other legal problems, according to a study released Sunday.

The study, conducted by a private research group at Syracuse University, found that federal prosecutors have declined to prosecute two of every three international terrorism cases brought to them by the Federal Bureau of Investigation and other agencies since 2001.
The rejection rate was even higher for the first eight months of the current fiscal year, with 91 percent of the referred cases turned down for prosecution, the research group said. Among the most frequent explanations cited by prosecutors, the study found, were a lack of evidence of criminal intent by the suspect and “weak or insufficient” evidence.

The numbers brought differing interpretations from legal analysts, prosecutors and government officials, many of whom said they were surprised by the findings, and are likely to add to the debate over the administration’s legal tactics in prosecuting the fight against terrorism. The Justice Department immediately took issue with the study’s methodology and its conclusions. (NYT)