The CIA’s alleged torture of accused U.S. Embassy bomber Ahmed Khalfan Ghailani does not justify dismissing criminal charges against him, a federal judge ruled Monday.

Southern District of New York Judge Lewis A. Kaplan rejected the claim made by Ghailani’s defense attorneys that the due process clause of the Fifth Amendment requires dismissal of the indictment based on “outrageous” government misconduct. The reason, the judge said, was that there was no causal connection between the defendant’s alleged mistreatment and his prosecution in the Southern District.

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