Ooh, Goody

Well, I guess this means a lawyer somewhere is making money, so I should probably be happy...

A federal judge has tossed out most of the government's evidence against a tarrorism 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.

However, the judge said statements he made during two military administrative hearings at the U.S. detention center in Cuba, where he was assisted by a personal representative, were reliable and sufficient to justify holding the detainee.

Musa'ab Omar Al Madhwani allegedly engaged in a 2 1/2-hour firefight with Pakistani authorities before his capture in a Karachi apartment in 2002.

The detainee says that after five days in a Pakistani prison, he was handed over to U.S. forces and flown to a pitch-black prison he believes was in Afghanistan. He says he was suspended in his cell by his left hand and that guards blasted his cell with music 24 hours a day.

He said that he confessed to whatever allegations his interrogators made and that harassment and threats continued after he was moved to a different prison in Afghanistan.

Al Madhwani said that interrogators at Guantanamo Bay on multiple occasions threatened him when he tried to retract what he now claims was a false confession.

The judge said he was particularly concerned that interrogators at Guantanamo Bay relied on or had access to the coerced confessions from Afghanistan made by Al Madhwani.

The logical inference from the record, said the judge, is that interrogators at Guantanamo Bay reviewed Al Madhwani's coerced confessions with him and asked him to make identical confessions.

I'm not sure this is a big problem in the case at hand -- as Allahpundit notes, Obama's already acknowledged that we're playing the game with a stacked deck...

When he’s got a bunch of evidence on someone such that the confession is basically unnecessary, they go to federal court so that The One can boast about due process. When he doesn’t have much evidence besides the confession, they go to a military tribunal so that the confession can be admitted into evidence and he can boast about the eventual conviction. It’s a sham, and it’s crowned by the fact that he’s all but promised to keep dangerous detainees imprisoned even if they’re acquitted, but that’s the game he’s decided he wants to play. Frankly, we could use more of these test cases before the KSM trial gets going: If he and Holder miscalculate and end up sending some low-level jihadi to federal court on the assumption that they can get a conviction even if the confession’s thrown out, and then the defendant is freed, the uproar will be such that he’ll have to rethink his whole stupid KSM strategy.

I tend to doubt anything short of catastrophe will get them to re-think the KSM civilian trial -- they've invested too mcuh political capital in it, Holder's enjoying his chance to runa politicized Justice Department, and the Left has probably been told that this is the only way to get to a war crimes trial against the Bush Administration(one that will never occur). But the fact that we're running a system where the Attorney General has guaranteed that we will get the KSM conviction means that the trial is for show anyway -- an expensive one at that. Oh, well... it's not like it's shocking that the Obama Adminstration would spend millions and even billions on something useless.