would be acquited if tried in Federal Court due to precedence in our law books that
specifically deals with this issue.
That would mean that Federal court trials would be nothing but a show trials,
and could only be called "just" if the prisoner was let go at the end.
Do have a trial already knowing the outcome would make us a bigger joke than we already are,
and would bring in a Republican Majority in congress when they had all but been written off.
not trying to spam, but.....
Any information gained through torture will almost certainly be excluded from court in any criminal prosecution of the tortured defendant. And, to make matters worse for federal prosecutors, the use of torture to obtain statements may make those statements (and any evidence gathered as a result of those statements) inadmissible in the trials of other defendants as well. Thus, the net effect of torture is to undermine the entire federal law enforcement effort to put terrorists behind bars. With each alleged terrorist we torture, we most likely preclude the possibility of a criminal trial for him, and for any of the confederates he may incriminate.
Snip
This is true both in federal courts, which operate under the Federal Rules of Evidence, and military courts, which operate under the Military Rules of Evidence. Both the Fifth Amendment's right against compulsory self-incrimination and the 14th Amendment's guarantee of due process preclude the use of a defendant's coerced statement against him in criminal court. In addition, any evidence gathered because of information learned through torture (sometimes called "derivative evidence") will likely also be excluded. Furthermore, the Supreme Court suggested in its landmark Fifth Amendment case, Oregon v. Elstad, that it might exclude evidence gathered after the use of any coercion, regardless of attempts by police and prosecutors to offset the coercion with measures like a Miranda warning. If Mohammed were prosecuted, and a court followed the line of reasoning set forth in Elstad, he might well see the charges against him evaporate entirely for lack of evidence.
http://www.slate.com/id/2100543 /