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Though a judge will have to look at the conditions in which prisoners were held, determining whether evidence obtained by interrogation can be admitted, the alleged 9/11 attackers absolutely can get a fair trial in the U.S. The right to a fair trial and the rules of evidentiary process ensure justice will be delivered in-line with U.S. constitutional protections.
U.S. legal history has consistently held that waterboarding constitutes torture and therefore violates U.S. statutory prohibitions. The judge in this case must not bury the evidence that Mohammed was repeatedly tortured by the CIA. While he should face a fair trial for the charges he's accused of, authorities that violated his human rights and dignity should also face legal accountability.