United States v. Ghailani (S.D.N.Y. Oct. 6, 2010)

October 6, 2010

* United States v. Ghailani (S.D.N.Y. Oct. 6, 2010)

Attached is a short memo from Judge Kaplan noting that he has decided to exclude a key government witness from testifying. Recall that the government apparently knew of the witness as a result of interrogation of Ghailani, and that the government conceded for the sake of argument that this interrogation was coercive—thus raising the taint question that resulted in exclusion today. If I recall correctly, there was talk earlier in the week that the government would seek interlocutory review from the Second Circuit in the event of this outcome, so stay tuned.

I’ve posted more extended thoughts on the ruling here. Note, though, that we do not yet have the full opinion.

GhailaniMemo.pdf