Ouch. From Kozinski’s majority opinion:
The government concedes the impropriety of many of these statements, but points out that the prosecutors were Special Assistant United States Attorneys on loan from the military. That’s no excuse at all; when the United States Attorney endows lawyers with the powers of federal prosecutors, he has a responsibility to properly train and supervise them so as to avoid trampling defendants’ rights.
As an aside, it’s interesting that Judge Bybee wrote the more pro-defendant opinion (see his partial dissent).