[brityank]

[Judge] Kaplan said, "Abebe was identified and located as a close and direct result of statements made by Ghailani while he was held by the CIA. The government has elected not to litigate the details of Ghailani's treatment while in CIA custody. It has sought to make this unnecessary by asking the court to assume in deciding this motion that everything Ghailani said while in CIA custody was coerced."

Seems Kaplan had no choice based on this. Coerced testimony is usually always inadmissible. Our government persecutors threw the case away!

[Enchante]

no, there’s been no hint (that I have seen) that the witness, Abebe, was coerced.

The issue is that the govt did not know of this witness without the “interrogation” of the captured terrorist Ghailani.

anyway, my point is that counter-terrorism is WAR and cannot be conducted (properly, successfully) under the kid-gloves civilian rules such as “exclude all evidence obtained” when terrorist prisoner has been coerced, etc.