The criminal terrorist confesses, identifies a witness who sold him the TNT, and a US Court acquits him of 280 charges:
Detainee Acquitted on Most Counts in ’98 Bombings
The first former Guantánamo detainee to be tried in a civilian court was acquitted on Wednesday of all but one of more than 280 charges of conspiracy and murder in the 1998 terrorist bombings of the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania.
The defendant, Ahmed Khalfan Ghailani, 36, was convicted of one count of conspiracy to destroy government buildings and property. He was acquitted of four counts of conspiracy, including conspiring to kill Americans and to use weapons of mass destruction.
This is an outrage.
Failure proved not only to be an option, it proved to be a predictable outcome. And failure has become a defining feature of the Obama administration.
JOHN adds: This case illustrates very well the foolishness of according civilian jury trials to captured terrorists. Ghailani is undoubtedly guilty; indeed, he confessed long ago. But the appropriate treatment of a captured terrorist, with respect to whom obtaining information about potential future attacks is paramount, is entirely different from the appropriate treatment of a garden-variety criminal. Andy McCarthy saw the potential for this unjust result shortly after the trial began:
[B]oth sides have adjusted their presentations to the civilian justice system rules that, as I’ve been noting in recent columns (including today’s), have resulted in the suppression of key evidence against the defendant.
I imagine this must infuriate people — it still infuriates me after 25 years in the biz. Here you have Ghailani: he has confessed to the bombings; he continued to be a top al Qaeda operative (even a bin Laden bodyguard) for years afterwards, until his capture in 2004; and he not only bought the TNT used in Dar es Salaam, but identified whom he got it from — a witness who corroborates his confession and is prepared to testify. Yet, because of a court ruling and DOJ concerns about opening up the interrogation can of worms, defense lawyers know the jury will learn none of this information. So what happens? Ghailani’s lawyer opens the case by telling jurors that, in 1998, his client was a babe in the woods who was never a member of al Qaeda, never “agreed or signed on to” bin Laden’s edicts to kill Americans; and, in his naivete, was duped by a friend into buying a truck he had no idea would be used by terrorists to bomb an embassy. The lawyer looked the jury in the eye and said, Ghailani “is not simply presumed innocent. He is innocent.”
Having failed to convict Ghailani on more than a single count, the administration can only hope for a substantial sentence. Absent that, they presumably will continue to hold him indefinitely, much as they are holding Khalid Sheikh Mohammed, thus demonstrating the essentially sham nature of the proceeding that has just concluded. The Obama administration is truly a ship of fools. Some are already speculating that this disaster will be the occasion for Eric Holder to step down as Attorney General. I have no idea whether he is on the way out or not, but if so, Republicans in the Senate should question his replacement closely about Holder’s politicizing of the Department of Justice, and should extract whatever commitment they can from his successor not to pursue the same course.
Today’s travesty of justice can be laid at the feet of President Obama, Attorney General Holder and the five justices who have systematically destroyed every attempt by the Congress and President Bush to create a coherent system of military tribunals for terrorists.
224 innocents were killed by this terrorist, including 12 Americans. They will never receive justice because of the absurd legal theories of a small group of justices and the refusal of Barack Obama and Eric Holder to demand of their left-wing colleagues inthe Congress a continued insistence on military tribunals.
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