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If they were willing to accept the downside of an unfavorable appeals court ruling, it would be something I could swallow. But, it otherwise IS a clever legal manuever, I admit. However, the "if we don't get the result we want we'll haul him to another forum" bit gets me.
Besides, if the judge agreed with the Defense lawyers, what's wrong with it? I mean, they're all incarcerated. What national security issue is there? Besides, just let the lawyers interview them, you don't have to let the prisoners talk to each other -- ever.
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