A suspected al Qaeda terrorist can’t use alleged mistreatment to escape charges of complicity in the deaths of 224 people, a judge ruled yesterday.

Ahmed Khalfan Ghailani claims that his right to due process was violated when the CIA tortured him after his 2004 arrest and that the indictment charging him with the 1998 bombing of two US embassies in Africa should, therefore, be thrown out.

The feds responded to Ghailani’s allegations in Manhattan federal court by calling them “immaterial,” since they do not plan to use that information in his case.