In a hearing last week, U.S. District Judge Ellen Segal Huvelle ruled that Mohammed Jawad's confession to Afghan officials was inadmissible because it had been extracted through torture. She also questioned whether the Justice Department had any evidence to proceed with a trial to determine whether he can be held as an enemy combatant.

Huvelle called the case an "outrage" and told Justice Department lawyers that their case against Jawad had been "gutted."

"Without his statements, I don't understand your case," she told Justice Department lawyers. "Sir, the facts can only get smaller, not bigger. ... Face it, this case is in trouble. ... Seven years and this case is riddled with holes."

She then urged the lawyers to "let him out. Send him back to Afghanistan."