Mr. Ghailani's lawyers have said his case "presents possibly the most unique and egregious example of a speedy trial violation in American jurisprudence".
"We respectfully submit that this case presents possibly the most unique and egregious example of a speedy trial violation in American jurisprudence to date," Mr. Ghailani's lawyers said in a document that was heavily censored because of its reliance on classified information.
With the exception of a Double Jeopardy or Speedy Trial violation, the government will usually be permitted to retry the defendant.
Already, Judge Kaplan has rejected two key defense requests to dismiss charges, on grounds of government misconduct and speedy-trial violations, and prosecutors have said they do not intend to use statements from Mr. Ghailani's interrogation at trial.
Mr. Ghailani's lawyers have argued that national security cannot justify a speedy-trial violation.
Much of the public and most politicians seem to feel that as long as these suspects are held out of sight on the island of Cuba, they can be held indefinitely without trial, in violation of basic constitutional protections and international treaties.
The only possible remedy for a Speedy Trial Clause violation is dismissal with prejudice.
Treviño says that although Anwar "is on trial for violation of Malaysian anti-sodomy law, this is effectively ancillary to his alleged crime: a sexual assault".
In Barker v. Wingo (1972), the Supreme Court announced four factors relevant to the determination of a Speedy Trial Clause violation: (1) the length of the delay, (2) the reason for the delay, (3) whether the defendant demanded a speedy trial, and (4) prejudice.
A petition in 2003, signed by 74 priests, accused the cardinal of leaving suspects hanging out to dry by suspending without trials, in violation of church due-process rules.
