KSM testimony in the Moussaoui trial

This has to be the torture understatement of the year. In the Moussaoui trial, testimony from Khalid Sheikh Mohammed was submitted in a written brief. (PDF warning) This is part of the judge's jury instructions.

You should assume that if Sheikh Mohammed were available to testify under oath and subject to perjury he would have said what is contained in these statements.

Although you do not have the ability to see the witnesses demeanor as he testifies, you must approach these statements with the understanding that they were made under circumstances designed to elicit truthful statements from the witness.

Circumstances like waterboarding? Like slapping him repeatedly in the face? Like stress positions? Like dousing him naked with ice water while he stands naked in a 50 degree room? Is that the witness demeanor the jury does not have the ability to see?

And these are just the "harsh interrogation tactics" that have been admitted to having been used on KSM by the CIA. God knows what other "circumstances designed to elicit truthful statements" have been used for this testimony. And the court finds it admissible.

(The body of the testimony is kindof interesting as well, going into some detail on the 9-11 plot and the planned second wave of attacks. Talkleft where I got the document link makes the reasonable assumption that the next wave of attacks appear to be not more hijackings, but instead, based on the release of toxic substances or biological agents. Show me one security measure that has been taken that would stop small amounts of these materials entering the country.)