United States v. Ghailani
United States District Court for the Southern District of New York
751 F. Supp. 2d 502 (2010)
Ahmed Khalfan Ghailani (defendant) was indicted in 1998 for conspiring to kill Americans abroad by bombing U.S. embassies in Africa. Years later he was captured abroad, turned over to the CIA, interrogated at secret locations, and eventually transferred to Guantanamo Bay before being produced in New York for prosecution. The government stated it would not use anything gained from Ghailani's CIA interrogations against him at trial. Ghailani moved to dismiss the indictment, arguing the CIA had tortured him in violation of his due process rights.
Whether a criminal indictment will be dismissed based on claimed due process violations in the absence of a causal connection between the violation and the criminal prosecution.