United States v. Ghailani (S.D.N.Y. Oct. 7, 2010)

October 15, 2010

* United States v. Ghailani (S.D.N.Y. Oct. 7, 2010)

Judge Kaplan has now released his full opinion (with redactions) supporting his decision last week to exclude Abebe from testifying against Ghailani. The opinion explains, in brief, that the judge simply did not believe Abebe’s claim that he was testifying of his own free will and, hence, that he likely would have come forward to testify even if the government had not learned of him through coercive interrogation of Ghailani. Interestingly, Judge Kaplan also included a footnote at the end observing that the result might well be the same were this issue to arise in a military commission. A

Anyway, the opinion is posted here.