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It begins: Federal judge tosses Gitmo detainee's confession as coerced
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...
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...

Despite Hogan's concerns about the 23 statements, the judge relied on other evidence and three statements Al Madhwani made to a military tribunal and a review board to conclude that he trained, traveled and associated with members of al-Qaida, including high-level operatives. On those grounds, the judge ruled he is legally detained.
Via AllahPundit
Lawfare at work. He is still detained only because of the preponderance of evidence and his "uncoerced" statements.

Posted by: Deacon Blues 2010-01-09
http://www.rantburg.com/poparticle.php?ID=287549