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United States v. Ghailani

United States District Court for the Southern District of New York
751 F. Supp. 2d 502 (2010)


Facts

Ahmed Khalfan Ghailani (defendant), was indicted in 1998 and charged with conspiracy to kill Americans abroad by bombing United States embassies in Africa. Years later, Ghailani was captured abroad by a foreign state and then turned over to the Central Intelligence Agency (CIA). Ghailani was held and interrogated by the CIA at secret locations outside the United States for a period of time, and he was later transferred to Guantanamo Bay, where he stayed until June 2009. Ghailani was then produced in New York for prosecution. The government subsequently stated that it would not use any information gained from Ghailani’s CIA interrogations against him at trial. Ghailani moved to dismiss the indictment, arguing that he was tortured by the CIA in violation of his rights under the Due Process Clause.

Rule of Law

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Issue

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Holding and Reasoning (Lewis, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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