This was all predicted on FR the moment Holder/Obama came up with the absurd idea of trying enemy combatants in civilian criminal court. Any statements out of an accused which are not voluntary or are the result if any coersion, however, slight, are not usable. And any evidence garnered as a result of those “coerced” statements is suppressed as “fruit of the poisoned tree”. This is basic criminal law. So it was no surprise to anyone familiar with USA criminal courts that these cases would not fly. We also felt that “speedy trial” rights would be raised to bar these prosecutions since many of these clowns have been held for years at Gitmo and elsewhere. Defense attorneys have many weapons in their arsenal. The idea that federal prosecutors were “stunned” is not credible. They are either fools or are lying, or the media is mis-reporting their reactions. Holder is a former federal judge so he knows better. Bambi attended law school so has to know better, unless he missed every day of his criminal law class. They are either (a) trying to get these guys off, or (b) trying to force federal judges to dilute established federal law to go after these thugs. The latter choice would harm established rights set up for all Americans who come before the court. The judge here has elected to keep those rights in place for all who come before his court. Therefore, this guy’s case will be dismissed. Holder thinks (and has said) he can then continue to detain the guy at Gitmo and hold him indefinitely. However, I believe a habeas corpus petition would free him because grounds to hold him have officially evaporated. It is a mess and no one will hold Holder/Obama accountable on it.
Holder’s law firm was defending these Gitmo terrorists before O chose him to be in his administration.