The attorney for convicted U.S. embassy bombing conspirator Ahmed Ghailani had a tough sell yesterday trying to convince a federal appeals court that his client should never have been tried.

The lawyer, Peter Quijano, ran into skeptical questioning at the U.S. Court of Appeals for the Second Circuit on his central argument that Ghailani’s constitutional right to a speedy trial was violated when the CIA detained him at a "black site" and interrogated him for two years to learn about al Qaeda plans and personnel and when the military held him for three more years at Guantanamo Bay before he was sent to New York for trial.