Ahmed Khalfan Ghailani (defendant), an alleged member of al Qaeda involved with the bombings of U.S. embassies in Africa, was arrested abroad in 2004 and turned over to the Central Intelligence Agency (CIA). Ghailani was held in a secret prison outside the United States and subjected to enhanced interrogation methods. During this time, Ghailani gave information to the CIA that led the government directly to a man named Hussein Abebe. The government then proposed to call Abebe as a witness against Ghailani in Ghailani’s criminal trial. Ghailani moved to prohibit the government from doing so, arguing that the government’s identification and location of Abebe as a witness was a direct result of statements Ghailani made that were elicited in violation of the Fifth Amendment.