Prosecutors plan to use evidence from secret FBI investigations, material provided to the United States by foreign governments and the results of interrogations of Padilla during his 3 1/2 years in military custody as an enemy combatant.
Padilla had been represented by an attorney prior to his military custody, and was not permitted one while in military custody, thus, any evidence from that source should be excluded, as should any evidence that is the fruit of those statements. Furthermore, evidence from foreign governments may likewise be impermissible, as might evidence from the FBI that were held to foreign intelligence gathering, rather than investigative, legal standards.
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