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The problem was not the choice of a court. The problem with this case was Bush’s authorizing the illegal detention, abuse and torture of detainees. Ghailani was held for five years in outlaw C.I.A. prisons and at Guantánamo and was abused and tortured.. The prosecution could not use his interrogation b/c of that and couldn't introduce testimony by another witness because interrogators learned his name from Ghailani’s coerced testimony. That tainted evidence would have been excluded in a military trial. The military tribunals act bars coerced evidence. He had a fair trial and now will prob. never see the outside of the prison.
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