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Missing From Trial: Detainee Statements

Oct 5th, 2010 Ghailani

The New York Times reports yesterday, October 4, 2010, in an article entitled "Missing from Trial: Detainee Statements," that prosecutors do not plan to use statements made by Ghailani describing how he had bought the TNT that he used in the 1998 bombing of the American embassy in Tanzania and later in Kenya.

Prosecutors have not said why they will not seek to use Ghailani's statements, although there is no indication that he had a lawyer present or that he had waived his Miranda rights; rather, the questioning occurred in the presence of a DOD agent while he was in military custody. Ghailani's lawyers argue that this amounted to a coercive confession. Notes Anthony S. Barkow, a former federal prosecutor, the government is "streamlining the case to strip away those issues…They're trying the case in a way that's somewhat walled off from the controversy."

For the full text of the article, including speculative defense arguments during the impending trial, click here

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