The Judge said Bout was no terrorist:

"This case differs significantly from a standard terrorism case....As noted earlier, Bout was approached by government agents, posing as members of the FARC (a terrorist organization) and after many conversations agreed to sell them arms. There was absolutely no evidence at trial that he had any connection (now or ever) to any member of the FARC.

To the contrary, the evidence showed that Bout performed research on the FARC because he knew little about them and that he was initially not inclined to do business with such an organization. Indeed, the evidence did not reveal any ties to any terrorist organization in the last ten years.

Completely unsubstantiated allegations of 'affiliation with a terrorist organization is not sufficient cause' to single out a prisoner for administrative detention. Moreover, there was never any evidence offered at trial that Bout himself engaged in violent acts; rather, the evidence showed that he was a businessman engaged in arms trafficking.

The judge also blasted the Government's attempt to justify the solitary confinement on the high publicity in Bout's case, calling it a "weak and dangerous argument":

"Many, many defendants - such as white collar defendants engaged in fraud, or mobsters involved in the Mafia - receive broad publicity, but the defendants nonetheless are released on bail or assigned to general population,"

Here is the Judge's description of Bout's conditions of confinement:

"Essentially, Bout is in solitary confinement residing in a one-man cell in which he eats, sleeps, and washes. He spends 23 hours a day in this cell and is taken out for one hour of exercise per day in a room only slightly larger than his cell. He is alone for his exercise period. The cell has two small frosted glass windows that allow very little natural light or fresh air. Other than