Judge bans key witness from detainee's NY trial - Yahoo! News The Judge barred the key witness. Not because he was not going to tell the truth, but because they learned of him from harsh interrogation methods. The Terrorist was not captured by civilian forces, he was not captured in the United States. He is an enemy combatant. The Judge has no choice but to throw out most of the Governments case. And that is EXACTLY why these cases do not belong in Federal Courts.