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By the way, are you aware that every day in this country, criminal convictions go up on appeal, and appellate review courts find that while Constitutional violations occured, the remaining evidence of guilt was compelling enough that the appeals courts decide to leave the convictions undisturbed?
Coming to this discussion late, but:
Why not attempt trial in a federal district court, and see if a conviction can stand notwithstanding the constitutional violations? There are myriad ways the constitutional infirmities could be found and a conviction yet upheld.
Otherwise, release KSM and have CIA folks stay on him like white on rice.