government evidence is admissible and he's in new york federal court and says, hey, because i didn't get my miranda rights and i was tortured, that is how you built the case against me, and they are moving to suppress and you know, he's got a strong argument, and he's got a federal judge, judge kaplan who says that, you know, he was taken to a cia black site, interrogated and maybe it will not get admitted. >> and you are talking apples and oranges here and you are talking about the defendant's testimony and that will not be admissible. >> gregg: all derivative evidence can be excluded. >> no. no. it cannot be, if it would have, a, been found out anyway, or, b, the witness -- >> gregg: here's what judge kaplan said, he said accepted the argument would be similar to assuming if somebody named joe or bob lived in the state of maine, if the government was able to find them independently... that that would -- >> that is the first prong of the test, note second and the