Argument: Tortured detainees cannot be tried in US, would be released
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"Closing Guantanamo. Low-hanging fruit". Economist. January 22, 2009 - Mr Obama cannot let go the likes of Khalid Sheikh Mohammed, the self-confessed lead plotter of the September 11th attacks. Yet creating new trials to convict them will be legally difficult, given their past treatment.
Mark Kukis. "How to Close Guantánamo: A Legal Minefield". Time. November 11, 2008 - Take for example the case of Khalid Sheikh Mohammed, the most senior al-Qaeda operative in U.S. custody. At present, his case and many other prominent ones appear essentially stalled at the specially formed military commissions, which the Obama campaign has pledged to halt. But prosecuting Mohammed and other cases like his in federal court may prove tricky. At least some of the evidence against Mohammed looks to have been gathered during harsh interrogations, which may make it inadmissible in court. His arrest and detention had none of the necessary steps provided under U.S. civilian law that help safeguard the rights of suspects — and sometimes allow for loopholes for some to minimize or evade prosecution. Many of the same legal obstacles would arise in any attempt to court-martial Mohammed, because regular military courts have comparable rules about evidence and legal procedure.