Mr. Udaltsov said via Twitter that he had taken "precautionary measures" to avoid being abducted in a similar way, but that he intended to report voluntarily for interrogation in the case later this week.
In the one case the government cites that did involve the CIA interrogation program, the case of U.S. v. Ghailani, involving the USS Cole bombing, Ghailani's torture was not legally relevant to the case because it was not a death penalty case and the government agreed not to introduce any statements the defendant made after he was tortured.
The fact is that innocent people sometimes plead guilty because of coercive interrogations or — in the case of plea bargains — to avoid a likely conviction at trial and a far tougher sentence.
In addition, they could exploit the Pentagon's admission that it has destroyed some tapes of Mr. Marri's interrogation to make the case that the government withheld evidence from the defense.
If the Sept. 11 defendants do face death penalty proceedings, their lawyers will almost certainly cite as a mitigating argument against capital punishment their clients' treatment in detention, including the claims of coercive interrogation and in the case of Mr. Mohammed, the 183 instances of waterboarding.
After this interrogation is over, the case should enter the criminal justice system, starting with Miranda warnings.
And, you know, when you look at the use of waterboarding and enhanced interrogation techniques in the case of the trail of evidence that leads to Osama bin Laden, what you find is, time and time again, it slows down the chase.
Before the interrogation, the detective handling the case, Michael Rama, asked Mr. Vanderwoude for his cellphone, wallet and keys, saying it was to make sure that no one got hurt.
Juárez's lawyer, Michael Croce, made it plain this week that he would make the interrogation an issue as the case goes forward".I am suspicious of any kind of confession given after he was in custody for so many hours," he said.
WASHINGTON — On Wednesday, Gina Haspel, a veteran CIA officer who reportedly oversaw a secret prison in Thailand where an alleged terrorist was waterboarded and later helped destroy videotapes documenting interrogation sessions, will make the case to a Senate committee that she should be confirmed to be the director of the spy agency.
