May 10, 2010

Manhattan judge rules that he doesn't care if you were tortured

U.S. District Judge Lewis A Kaplan has just made himself my hero.

A Guantanamo Bay detainee brought to the United States for trial on charges he helped the bombing of two U.S. embassies in Africa while he was an aide to Osama bin Laden cannot use allegations of torture by the CIA to dismiss the indictment, a judge said Monday.

 U.S. District Judge Lewis A. Kaplan made the ruling in Manhattan after months of consideration of documents, much of their contents redacted, that were submitted by attorneys for Ahmed Khalfan Ghailani and the government.

 Kaplan said that Ghailani might be able to sue the government for civil damages or seek criminal prosecution of those who abused him if he can prove his rights were violated by torture, but that he cannot eliminate an indictment charging him in the August 1998 bombings of two U.S. embassies.

The ruling by Kaplan could set a precedent if other Guantanamo detainees are brought to the United States for trials in the civilian court system. Some of them also allege they were tortured. The judge said there were precedents set by other court cases for his findings.

He goes on to say that some terrorist fuckhead may be able to use the they-tortured-me-so-you-can't-convict-me-of-stuff excuse if (and only if) the only information that we have that could result in a conviction was gotten by such terribly inhumane "torture" as waterboarding.  But, if we "tortured" you to corroborate evidence, or to get more information, then too-damn-bad.

So much win.

Posted by: Ember at 07:00 PM | Comments (8) | Add Comment
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