Didn’t we all say this would happen. Take away the status of “enemy combatant” and classify them as a common street thug and they’ll end up having cases thrown out based upon an American Constitution.
A federal judge has tossed out most of the government’s evidence against a terrorism detainee on grounds his confessions were coerced, allegedly by U.S. forces, before he became a prisoner at Guantanamo Bay.
In a ruling this week, U.S. District Judge Thomas Hogan also said the government failed to establish that 23 statements the detainee made to interrogators at Guantanamo Bay were untainted by the earlier coerced statements made while he was held under harsh conditions in Afghanistan AP
The same judge did throw the prosecution a bone when Judge Hogan said any information gleaned during the detention hearings, when he had counsel, could be used. But we all know that the information gained under “coercion” is what would send the man to prison for life (We’d rather see the death penalty).
But this court ruling could have an affect on the KSM trial coming up in New York. Even though Khalid Shaikh Mohammed has admitted to the attacks and murders, there is always the possibility who could walk out. Attorney General Eric Holder stated that there is no way that KSM would ever be released. But if you’re going to go by the letter of the law, if evidence is thrown out, he would have to be released. Do do otherwise would be to make a mockery of our US court system.
But the problem is that this should never been put into the US courts (at a cost of almost $5 million) but placed in the hands of the military tribunals like we did during WWII.
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