In the first trial in criminal court of a Guantanamo Bay detainee, Ahmed Khalfan Ghailani was acquitted yesterday on 279 of 280 charges over the 1998 bombing of the US Embassies in Kenya and Tanzania.
This, however, was not the most extraordinary news of the day. Instead, it was the reaction --- aided by a compliant US media --- that the case highlights "whether civilian courts are appropriate for trying terrorists". In other words, rights can only be upheld and due process of law observed when the outcome of Guilty is pre-ordained.
Indeed, if the media wanted to stand up to those trying to use the outcome to ensure that Guantanamo Bay remains open indefinitely, it might put forth the primary reason why it was not possible to establish Ghailani's guilt: evidence obtained by torture was not allowed by the trial judge.
Benjamin Weiser reports for The New York Times:
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 case has been seen as a test ofPresident Obama’s goal of trying detainees in federal court whenever feasible, and the result seems certain to fuel debate over whether civilian courts are appropriate for trying terrorists.
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.
Because of the unusual circumstances of Mr. Ghailani’s case — after he was captured in Pakistan in 2004, he was held for nearly five years in a so-called black site run by the Central Intelligence Agency and at Guantánamo Bay, Cuba — the prosecution faced significant legal hurdles even getting his case to trial.
On the eve of Mr. Ghailani’s trial last month, the government lost a key ruling that may have seriously damaged its chances of winning convictions.
In the ruling, the judge, Lewis A. Kaplan of Federal District Court in Manhattan, barred prosecutors 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.
The witness, Hussein Abebe, would have testified that he had sold Mr. Ghailani the 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 himself recognized the significance 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.”
Mr. Ghailani, who remains in custody, faces 20 years to life in prison when he is sentenced on Jan. 25.
And Charlie Savage, in the guise of analysis, aids and abets those wanting to ensure Ghailani is the last Guantanamo detainee tried under criminal law:
The mixed verdict in the case of the first Guantánamo detainee to be tried in a civilian court on Wednesday quickly re-ignited a fierce debate over the Obama administration’s effort to restore the role of the traditional criminal justice system in handling terrorism prosecutions....
Ahmed Ghailani will face between 20 years and life in prison as a result of his conviction on one charge related to the 1998 embassy bombings in Africa. But because a jury acquitted him on more than 280 other charges -- including every count of murder -- critics of the Obama administration’s strategy on detainees said the verdict proved that civilian courts could not be trusted to handle the prosecution of Al Qaeda terrorists.
"This is a tragic wake-up call to the Obama Administration to immediately abandon its ill-advised plan to try Guantánamo terrorists” in federal civilian courts, said Representative Peter King, Republican of New York. “We must treat them as wartime enemies and try them in military commissions at Guantánamo."