Ahmed Ghailani Sentence: The Future of Gauntanamo

January 25, 2011,
BBC News

Ghailani was subject to what the government calls “enhanced interrogation” by the CIA at a secret prison, and any evidence prosecutors presented that had been obtained during that process risked being declared inadmissible in court.

Indeed, US prosecutors suffered an early setback when Judge Lewis Kaplan barred a key government witness from testifying, ruling he had been named by Ghailani while “under duress”.

Therein lies the problem, critics of civilian trials say. They argue acts of war should not be treated as law enforcement issues.

One of Ghailani’s lawyers, Michael Bachrach, took the opposite view, telling the BBC the trial showed the jury was able to weigh evidence without undue influence from the politics of the case.

“The fact that Mr Ghailani was able to receive a fair trial shows the system worked,” he said.

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