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A Terrorist Victory


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Front Page Magazine:

A landmark court decision was handed down Wednesday in the case against Ahmed Ghailani, a Guantanmo Bay detainee accused of taking part in the 1998 U.S. embassy bombings in Tanzania and Kenya. Ghailani, a Tanzanian national, was acquitted of all but one of the 286 charges levied against him, most of which were for the murder of the 224 people killed in the embassy bombings. After a disturbed juror asked to be removed from the deliberation process last week, many feared that the Ghailani trial, the first U.S. detainee trial to be conducted in a civilian court, would yield a hung jury. Few, however, predicted such a propitious verdict for the al-Qeada collaborator, an outcome which carries heavy implication for the Obama administration and its controversial quest to try Guantanamo detainees in the criminal justice system.

The trial took place in lower Manhattan before a jury of six men and six women. In addition to the murder (and attempted murder) charges, Ghailani, who is a former Islamic cleric, was also accused of conspiring with Osama bin Laden and al-Qaeda. Ghailani had been held in Guantanamo since September 2006 until being transfered to New York in 2009. The decision to try Ghailani in New York City — a “trial” balloon, if you will — was met with fierce opposition from both hawkish conservatives and heedful liberals alike. The trial proceeded for five weeks and the jury deliberated for five days before rendering its verdict.

Many are already claiming a victory of sorts for the Obama administration, and the Justice Department wasted no time issuing a written statement claiming to be “pleased” that Ghailani “now faces a minimum of 20 years and a potential life sentence for his role in the embassy bombings.” Mason Clutter from the Soros-linked Constitution Project declared, “The system worked here.” Did it? In all likelihood, the now-convicted terrorist will indeed face life in prison. Such glowing pronouncements, however, fundamentally misunderstand the broader — and more disconcerting — issue at stake.snip
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(But remember, Eric Holder is pleased.)sarcasm

 

 

- 11.17.2010 - 9:12 PM

The Ghailani Debacle Jennifer Rubin

 

snip

In the ruling, the judge, Lewis A. Kaplan of Federal District Court, barred them from using an important witness against Mr. Ghailani because the government had learned about the man through Mr. Ghailani’s interrogation while he was in C.I.A. custody, where his lawyers say he was tortured.

 

From NYT

The witness, Hussein Abebe, would have testified that he had sold Mr. Ghailani the large quantities of TNT used to blow up the embassy in Dar es Salaam, prosecutors told the judge, calling him “a giant witness for the government.”

 

The judge called it correctly, and explicitly warned the government of “the potential damage of excluding the witness when he said in his ruling that Mr. Ghailani’s status of ‘enemy combatant’ probably would permit his detention as something akin ‘to a prisoner of war until hostilities between the United States and Al Qaeda and the Taliban end, even if he were found not guilty.’”

In other words, what in the world was the bomber doing in an Article III courtroom? He was, quite bluntly, part of a stunt by the Obama administration, which had vilified Bush administration lawyers for failing to accord terrorists the full panoply of constitutional rights available to American citizens who are arrested by police officers and held pursuant to constitutional requirements.

snip

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