No Dismissal in Terror Case on Claim of Torture in Jail

A federal judge in Manhattan declined on Monday to dismiss charges against a man accused in a terrorism case whose lawyers claimed his rights were violated when he was tortured in secret jails run by the Central Intelligence Agency.The defendant, Ahmed Khalfan Ghailani, has been charged with conspiring in the 1998 bombings of two American embassies in East Africa. The attacks, which were carried out by Al Qaeda, killed 224 people. Mr. Ghailani later worked as a bodyguard for Osama bin Laden, the authorities have said.
After Mr. Ghailani was captured in 2004, he was held in the C.I.A.’s so-called black sites until 2006, when he was transferred to the naval base at Guantánamo Bay, Cuba. Last year, he became the first Guantánamo detainee moved into the civilian court system for trial.Although details of his treatment while in C.I.A. custody are classified, he has said in court papers that he was subjected to cruel “enhanced interrogation techniques.” His lawyers say that his treatment was unquestionably “torture,” and argued that the techniques were so “shocking to our traditional sense of justice” that charges should be dismissed on grounds of “outrageous governmental conduct.”“Indeed, while it is rare to find a case that is ‘so outrageous’ to warrant the ultimate sanction of dismissal,” his lawyers wrote, “if this is not such a case, then what is?”
But the judge, Lewis A. Kaplan of Federal District Court, ruled that Mr. Ghailani’s treatment while he was being detained had no relation to his court case.
“Even if Ghailani was mistreated while in C.I.A. custody and even if that mistreatment violated the due process clause,” the judge wrote, “there would be no connection between such mistreatment and this prosecution.”Judge Kaplan added that prosecutors should not be deprived of the opportunity to prove Mr. Ghailani’s guilt through the use of evidence “wholly untainted” by government misconduct.
“Any remedy for any such violation must be found outside the confines of this criminal case,” the judge said. The judge made no finding on whether Mr. Ghailani was tortured or otherwise mistreated.
In opposing dismissal of the charges, federal prosecutors have said there are more appropriate remedies to redress “the alleged government misconduct.”“Neither the manner by which a defendant is brought to court for prosecution nor the conditions of his confinement prior to that prosecution are valid grounds for dismissal of an indictment,” the United States attorney’s office wrote. Prosecutors have already said they will not use at trial statements Mr. Ghailani made while he was in detention.
The Ghailani prosecution has been seen as significant because it has raised issues that could resurface if the government ultimately brings Khalid Shaikh Mohammed or other high-profile detainees to trial in civilian court.
The judge has not yet ruled on a motion by Mr. Ghailani’s lawyers seeking dismissal of charges on grounds that his detention violated his speedy-trial rights. Mr. Ghailani has pleaded not guilty.Lawyers for Mr. Ghailani and a spokeswoman for the government declined to comment. Who Am I?
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Israel must propose its own peace initiative

Defense Minister Ehud Barak said on Monday that Israel must come out with a far-reaching peace initiative to improve its relations with the United States.
Speaking at the Knesset's Foreign Affairs and Defense Committee, Barak said, "a change is required in our relations with the United States ... Only a serious peace plan with the Palestinians can put an end" to the deterioration of this relationship.The new initiative must address the core issues of the Israeli-Palestinian conflict, he added."If the government cannot do this in its existing make-up, perhaps it should consider expanding," Barak said. "The continued occupation of another nation is no less dangerous that an entanglement with our worst enemies."At Labor's faction meeting later that day, MK Amir Peretz demanded that Barak, the party chairman, present the faction with a proper peace plan that would serve as the basis for
talks with the Palestinians once the proximity talks conclude. And should the proximity talks fail to lead to direct negotiations, he added, Barak must "be ready with a plan that will change Israel's political map"
Barak also told the Foreign Affairs and Defense Committee that the U.S. has altered its
approach to the Iranian nuclear threat and is now much more determined to face down Tehran.
"We see a change in the American approach," he said. "The [U.S.] administration is determined to prevent Iran from obtaining nuclear weapons. They are being much more
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And though he warned that Israel faces the risk of a "long-term erosion in its international standing," Barak said he does not think the new international push for a nuclear-weapons-free Middle East poses "a real or significant danger to Israel's traditional stance of nuclear ambiguity." happy new year
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