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The trial will not be to determine whether or not he was caught in Afghanistan. In so far as I know, that's a given. The lack of a trial, to this point, may look a lot better for the pity party if they can blame it on the US Government as well, but we already know that this isn't the case. It's pretty well documented why he hasn't had a day in court. In fact, it's not even that he hasn't had a day in court, if he's entered a plea. You pretty much enter pleas at an arraignment, which is a day in court, unless the State wasted a lot of my time while they were prosecuting me. Granted, it's been over 20 years, but some things stick with you...
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