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Government lawyers prosecuting Osama bin Laden’s driver undermined their own case by trying to admit evidence obtained through torture.  Monday Judge Keith Allred threw out statements made by Salim Hamdan ruling the prisoner was subjected to “highly coercive” treatment while in Afghanistan.

The judge, also a Navy Captain, did allow the prosecution to retain evidence from interrogations at Guantanamo Bay, however.  Hamdan’s defense attorneys say all of the defendant’s statements are corrupted by abusive treatment including sleep deprivation and solitary confinement.  Hamdan has testified that access to medical care was denied unless approved by interrogators.

Hamdan has been held at Guantanamo since 2002.  He won a 2006 Supreme Court case striking down the original rules of Military Tribunals.  A subsequent change in the laws governing Military courts has also been deemed unconstitutional by the U.S. Supreme Court.

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