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The Ghailani Verdict
There were two hundred and eighty-five counts in the indictment of Ahmed Khalfan Ghailani, who was accused of involvement in the 1998 African embassy bombings, and he was convicted of one. The verdict came after five days of deliberations, four weeks of trial, a year in a Manhattan jail, three years in Guantánamo, and two in a darker sort of prison, a "black site" run by the C.I.A. We don't yet know what the jurors' reasoning was on the counts on which they acquitted him-they may have just felt that the case was weak-but they reasoned, and after years in which our government did not act reasonably, that is a victory. That one count, of conspiracy to destroy government buildings and property, isn't so flimsy either: it carries a sentence of twenty years to life.
The Times noted that the years during which we shuffled Ghailani around meant that "the prosecution faced significant legal hurdles getting his case to trial and then winning the conviction." Let's be clear: if time in the extra-judicial limbo of black sites, and the torture that caused some evidence to be excluded, makes prosecutors' jobs harder, the problem is with the black sites and the torture, and not with the civilian trials that might eventually not work out quite the way everyone likes. It's a point that bears some repeating. Our legal system is not a machine for producing the maximum number of convictions, regardless of the law. Jurors are watching the government, too, as well they should. Ghailani today could be anyone tomorrow.
Those two hundred and eighty-four acquittals will, nevertheless, be thrown around in the argument over whether to bring Khalid Sheikh Mohammed and his cohorts to trial in New York, the city where they are accused of murdering thousands of people on September 11th. They ought to face justice here. Eric Holder is expected to announce a decision on that soon. A report last week in the Washington Post suggested that the Administration was fearful of the reaction to either a civilian trial or its lesser counterpart, a military commission in Guantánamo, and so was considering not trying him in either-just keeping him locked up indefinitely. That would be a scandal. The judge in Ghailani's trial rejected his argument that his right to a speedy trial had been denied, but one wonders if, at some point, that will come into play for other defendants-especially if the reasons for delaying a trial are as frankly political as the Post article made it sound, rather than connected, however wrongly, to intelligence-gathering concerns. Most important, where is the day in court for the people who died in the Twin Towers? We talk about trials as though they are gifts that bad people don't deserve. Trials are for the rest of us, most of all, and only strengthen our system.
The A.P. notes that the judge in the Ghailani case gave the government "broad latitude to reference al-Qaida and bin Laden. It did-again and again. ‘This is Ahmed Ghailani. This is al-Qaida. This is a terrorist. This is a killer,' Assistant U.S. Attorney Harry Chernoff said in closing arguments." (It says a lot for the strength of the jury system that those invocations were not, in themselves, enough to make the jurors just fill out the forms and convict.) The defense said in closing "Call him a fall guy. Call him a pawn....But don't call him guilty." Is that what the jury did? One wonders if our unwillingness to bring more prominent defendants to court is, in its own way, creating another hurdle for the prosecution. The claim that you're the fall guy is less convincing if the big guy is being prosecuted, too. All the more reason to put K.S.M., who nobody would call a pawn, on trial, as soon as possible.
And what did we really learn from the Ghailani trial-the trial itself, not the verdict? We learned that this is not as hard as people made it sound. The jurors had rough moments, but, after one sent a note to the judge, they kept talking. Ghailani, again, has been in Manhattan for a year, and we've managed. So let's get the next trial going.
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12 Comments so far
Show AllThe judge (a certain Hon. Kaplan) and the Assistant U.S. Attorney Harry Chernoff...I'd say there were just too many Zionistas involved for this guy to get a fair trial.
What on earth do you mean? He was acquited of almost all charges . One might think a "Zionist" influence would indicate guilty on all charges....what am I missing here?
It was disgusting to hear how the news played it, as a blow to the Obama Administration. Nothing was mentioned about justice or the proper workings of the criminal law system or a victory for the rule of law.
Amy Davidson writes…
"All the more reason to put K.S.M., who nobody would call a pawn, on trial, as soon as possible. "
Nobody would call him a pawn, based on exactly what Amy?
His confessions under duress of 183 waterboarding sessions?
Amy Davidson is ultimately using the "frame" of since they have been accused of terrorism, they must be guilty.
One would think, if the government's case was rock solid, and did not rely on "evidence" only gotten through torture, that KSM would have been brought to trial a long time ago.
Twenty years to Life for "Conspiracy" to destroy government buildings and property.
This, during the same week that an old racist murderer was given a sentence of a few months for killing an innocent black man in the 1960's.
This system is not about justice.
The messages largely say that property is more important than human rights.
It is an interesting message from the jury. It would be even more interesting to talk to the jurors.
The case demonstrates more than anything how fraudulent the Global War On Terror really is.
We will be flooded by calls for military tribunals for all suspected terrorists. Only because justice actually worked. We are a nation of fools.
Did it? You happen to know he was actually guilty? I dont know either, but you dont in your wildest dreams imagine he was going to be let free do you? If he was really guilty, why did the USA not have the courage to have him tried internationally in the world court? It seems pretty smelly to say the least.
I believe you are off the rails...My statement is that Justice worked. The jury deliberated and returned a conviction on one of a zillion charges. Were I on that jury I would have an opinion as to the defendants guilt or innocents based upon the facts presented. That was not my point at all. Try harder or not at all.
I am actually in favor of jury trials for all those being held as terrorists, instead of the military tribunal which will now be demanded of all future proceedings. But I doubt that you care much for my opinion only for the chance to vent whatever you wish to regardless of topic or the actual message of another.
Khalid Sheik Mohammed is already a world class pawn in my book.
First, the Pakistani ISI turned KSM over to the American CIA with great fanfare in his wife beater T-shirt, stubble beard, and mussed up hair to function as a poster boy for the global war on terror. Next, the evil doer mastermind of the 9/11 conspiracy was water boarded over 180 times with George W. Bush's personal approval ("damn right!") to keep America safe, until KSM had confessed to involvement in every international terrorist plot of the last couple decades, up to (and perhaps including) the shots from the grassy knoll in Dallas on the day JFK was murdered. Then, the videotapes of those "enhanced interrogation" sessions were destroyed by the CIA rather than beomg preserved and turned over in response to Congressionally-issued subpoenas.
When Khalid Sheik Mohammed last appeared in public for military commission proceedings at the Gitmo detainee facility, he was incoherently babbling like a loon, apparently now crazy as an outhouse rat, begging to be immediately executed by the sham infidel tribunal so that his martyrdom could be completed. Shortly thereafter, when the Obama administration's new attorney general Eric Holder announced the Justice Department's intention to put KSM on trial in New York City, that decision became a lightning rod for right wing demagogues and wackos of every ilk to pour out of the partisan woodwork and block the transfer of Guantanamo detainees anywhere on to American soil. The fund appropriation to close Guantanamo was scuttled. The Obama White House backed off and folded like a cheap suit.
Khalid Sheik Mohammed is probably a bad, violent man. He certainly is a fanatic jihadi, who harbors deep hatred of the United States.
But KSM is now and always has been a very useful pawn for a lot of major players in the biggest, most murderous, and shameful game in town.
Bill from Saginaw
"Khalid Sheik Mohammed is probably a bad, violent man. He certainly is a fanatic jihadi, who harbors deep hatred of the United States."
Non sequitur. If all the people who now harbor deep hatreds of the United States were laid end-to-end, they'd reach all the way to Hades and back.
Violent? Almost certainly for at least some of them. Bad? That's a highly questionable moral judgement considering the object of that hatred and its own record of global atrocity.