Lawyers for Abd al Rahim al-Nashiri, a Saudi citizen of Yemeni descent, made the argument during a pretrial hearing at the US Navy base in Cuba.
Attorney Richard Kammen asked Col James Pohl to order the release to the defense team of the Senate Intelligence Committee's entire 6,200-page report, not just a declassified version being prepared for public release.
Prosecutor Navy Cmdr Andrea Lockhart said prosecutors have asked for the report but don't know when they might get it or how much they would have to share with the defense.
Al-Nashiri's lawyers are seeking details about his treatment while he was held for several years in secret CIA prisons. A CIA inspector general's report says he was waterboarded and threatened with a gun and power drill.
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Prosecutors cannot use evidence obtained by coercion.
Last month, Pohl ordered prosecutors to share with defense lawyers details about al-Nashiri's experience in the CIA "black sites" after his arrest in 2002. Pohl planned to hear arguments today afternoon on the prosecution's request that he reconsider that order.
The Associated Press is covering the hearing from a closed-circuit television link at Fort Meade, Maryland. The attack killed 17 US sailors, injured 42 others and tore a massive hole into the side of the guided-missile destroyer.