In February, we wrote in the Wall Street Journal about a classified brief filed in federal court in which the Obama Justice Department argued for the importance and efficacy of the CIA interrogation program. Now a federal judge has reviewed the evidence and agreed.
On Dec. 18, 2009, the U.S. attorney for the Southern District of New York, Preet Bharara, made the secret filing in response to a motion by Ahmed Ghailani, an al-Qaeda terrorist facing charges for his role in the U.S.-embassy bombings in Kenya and Tanzania in 1998. Ghailani argued that those charges should be dropped because lengthy CIA interrogations denied him his constitutional right to a speedy trial.
Earlier this month, the federal judge presiding over the case, Lewis A. Kaplan, affirmed these conclusions by the Obama Justice Department. His ruling included a classified supplement describing Ghailani’s interrogation and the results it produced. But in his unclassified ruling, Judge Kaplan wrote: “Suffice it to say here that, on the record before the Court and as further explained in the Supplement, the CIA Program was effective in obtaining useful intelligence from Ghailani throughout his time in CIA custody.”
Kaplan went on: “The government has offered evidence that Ghailani continued to be of intelligence value throughout his time in CIA custody. Ghailani’s counsel have had access to extensive classified materials related to his interrogation, yet they have pointed to no evidence to the contrary. As discussed in the Supplement, the Court concludes that the government’s evidence is persuasive.”