On February 10, 2010, United States district court Judge Lewis A. Kaplan ordered the Prosecution to review the record of Ghailani's detention in CIA's network of black sites. According to "The New York Times" any materials that showed the decisions “were for a purpose other than national security” had to be turned over to Ghailani's lawyers. It was reported that Kaplan was considering dismissing the charges on the grounds that due to Ghailani's long extrajudicial detention he had been denied the constitutional right to a speedy trial.