The usual suspects are out wailing that Judge Lewis Kaplan’s order, excluding the testimony of Hussein Abebe from Ahmed Ghailani’s trial, proves civilian courts don’t work for terrorism. Glenn rounds up more of the whiners and notes that you really can’t complain about Kaplan’s decision and still claim to believe in rule of law. I [...]

Judge Lewis Kaplan of the Southern District of New York just issued an order excluding a key government prosecution witness, Hussein Abebe, excluded.

Not that anybody would know it, but there has been a terror trial going on all week in a real live Article III courtroom in the heart of Manhattan. Exactly like all the Republicans with vapors and trembling Democrats said could not be safely done.

In a ruling that anticipates how the government will ignore torture as it tries alleged detainees in civilian court, Judge Lewis Kaplan rejected Ahmed Khalfan Ghailani’s efforts to get his indictment for contributing to the 1998 embassy bombings dismissed because he was tortured while in US custody. As Kaplan argues, Ghailani could only use the [...]

Ahmed Ghailani’s lawyers argue that, since he is being tried on an indictment that was pending through the entire period of his detention, he has been deprived of his right to a speedy trial.