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Ghailani Dismissal Motion Denied

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Federal District Judge Lewis Kaplan today denied the motion of alleged embassy bomber Ahmed Ghailani to dismiss the indictment for "outrageous government conduct."

If, as Ghailani claims, he was tortured in violation of the Due Process Clause, he may have remedies. For the reasons set forth above, however, those remedies do not include dismissal of the indictment. The defendant's motion to dismiss the indictment on the grounds of allegedly outrageous government conduct in violation of his Fifth Amendment due process right is denied.
Ghailani's motion to dismiss on speedy trial grounds, on which CJLF filed an amicus brief, is still pending.

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