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Personally, I think it's an abstract argument. There is a lot of pre-torture evidence on KSM.
Oh, I agree. I never claimed it to be anything but abstract. From what I understand about KSM, I think he'd probably get convicted in regular court even with the tainted evidence suppressed.
But I'm not 100% sure, and I don't know about other cases where really bad guys might walk.
And, for the record, I'm not just freaking out about this now that Obama is about to get sworn in - I've been agitated about this since TortureGate: Day 1.
But anyway, I respect your opinion and appreciate the thoughful and substantive debate. Cheers.