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.

Judge Lewis Kaplan has basically concluded that if the government can persuasively argue that government believed the torture necessary at the time, then they can torture a detainee as long as he still has intelligence value without infringing on the detainee’s right to a speedy trial.

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 [...]