"The person's mind is in a fog," Grassian said. "If they can focus, they obsess. They can't stop thinking about the sound of a drip."

If the court decides that the prolonged pre-trial solitary confinement does indeed infringe on constitutional rights, the case could set a precedent, el-Hage's lawyers said.

In the last case that dealt with the issue of pre-trial solitary confinement, it had already been proven that the defendant was guilty of committing crimes from within prison. Because the government has no proof that el-Hage would be a genuine security threat from within prison, el-Hage's solitary confinement was unjustified, said Joshua L. Dratel, one of the defending lawyers.

"The government hasn't met its burden of establishing that there is a basis for this," Dratel said.

The government's final response to the defendant's motion is due Dec. 30.