A Terrorist Victory

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However, this outcome was far from inevitable. Ghailani’s saving grace was that, just before his trial, a key witness was barred from testifying before the court. This witness would have admitted to selling explosives to Ghailani, and the prosecution claimed it was crucial to its case. Unfortunately, because knowledge of this witness was acquired using intense interrogation, his testimony was deemed inadmissible by the judge. The most important aspect of the Ghailani prosecution — which would have held him accountable for his part in the murder of 224 people — was impermissible. Had the Ghailani case been handled by a military tribunal, which doesn’t consider the method by which evidence is obtained, the damning testimony would not have been stricken and Ghailani’s guilt in this case would have been far less questionable. That is, unless a military commission would seriously entertain the idea that Ghailani would buy explosives for use in a conspiracy without intending to killing people. Even if there was doubt, military tribunals do not have to be unanimous and hearsay evidence is admissible. As a result, Ghailani could have been put to death, per the Military Commission Act, or otherwise justly held accountable for massacring hundreds of innocent people, including 12 Americans.

Instead, Ghailani was found “not guilty” of committing a mass murder. On the other hand, the fact that Ghailani will still face life in prison is practically accidental. If Ghailani had been a lone terrorist, and there was no conspiratorial evidence (yet the key witness’s testimony had been excluded on the same grounds), the outcome in the matter would have been far more sinister. Keep in mind that this is only the first case to be tried — and the system did not work.

The debate now turns to what the Obama administration will do henceforth. It has been almost two years since President Obama signed an executive order authorizing the shutdown of the Guantanamo Bay detention facility. One hope was that the civilian court system would help handle Guantanamo terrorists and move the U.S. in a more “enlightened” direction. However, the outcry over this policy has been incredibly consistent. Mere hours after the verdict in the Ghailani case was delivered, public contempt only resumed more vigorously. This will surely put a chill on any hope of clearing out Guantanamo cells through the criminal justice system. If the Obama administration concedes that military tribunals are most appropriately dealt with through military tribunals (while implicitly legitimizing the idea that detainees are not criminals, but enemies of war) there will likely be an equally strong push to hold the tribunals in Guantanamo and keep the facility functioning.

More pertinently, the Ghailani verdict comes in advance of the long-awaited decision in the case of Khalid Sheikh Mohammed, the lead conspirator of the 9/11 terrorist attack. Attorney General Eric Holder recently tantalized the press by revealing that a decision was imminent regarding where the confessed-terrorist would be tried. The most recent reports, however, have suggested that the administration does not have the appetite to pursue this case further. In wake of the Ghailani verdict, perhaps it will lose the political will to enact this woeful policy for good.

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  • al Kidya

    Are they going to find Khalid Sheik Mohammad as the innocent pawn in a terror plot?
    This civil criminal court is a sham. The man committed a "War Crime" and should have been tried thusly.
    The verdict should be appealed by the prosecution.
    If the Obama/Holder administration is calling this a victory they are sadly out of touch with reality. It is a mere slap on the wrist for killing 224 innocent souls.

    • http://www.mysapce.com/freddawes1776/ Fred Dawes

      al Kidya in a nation that will allow foreign monkeys like mexico and many others go after AZ For fighting mass murder and drug dealers and foreign monkey troops from mexico and other places why would anyone think that justice be done? and by the way the court has said many times before only whites can committe/do war Crimes, your point is right and you want justice by when you live in a nation that is owned by our enemies justice becomes a total joke.

      • Patriotic American

        "foreign monkey troops"

        You are just one angry man to whom reason has no use.

    • Patriotoc American

      Hello. Is anyone in there? Ghallani is looking at life in prison. A slap on the wrist?

      • davarino

        He should be vapor so I dont have to donate one more dime keeping him alive.

  • Jersey Joe

    Oh Boy. America might as well pack it in as a world power.This decision will ring loud throughout the terrorist world that America is in fact, under the present administration a bunch of cowards. Too frightened to put murders away for life forget about executions.
    Bye Bye Miss American Pie elected Obama and we all will die.

    • muchiboy

      "..America is in fact, under the present administration a bunch of cowards."

      I would have to agree with you on this observation,but in regards to the cowardly failure of the American administration to take Israel to task for it's arrogant attitude and human rights violations towards the Palestinian people.
      If Israel isn't whining,it's fingering the very nation that supports it most.It had better hope the worm never turns.One hundred nukes won't help it then. Muchiboy

      • Spirit_Of_1683

        What a pity you didn't refuse your Jewish-invented jabs and instead spout your antisemitic trash on a computer which includes code written by Israelis. As you hate Israelis so much, perhaps you ought to stop spouting your trash here and throw out your computer. But then again, you're probably a workshy scrimshanker who spends his day using the public library's computers, instead of working for a honest crust.

      • MixMChess

        This topic has absolutely nothing to do with Israel but of course Ron just can't help pass up any opportunity to bash Israel for no good reason.

        Ron, get it through head, Israel has never committed human rights violations against the Palestinians.

        America (nor anyone for that matter) owes nothing more to the worthless and xenophobic Palestinians. America provided the terrorist Palestinians with over 1.9 billion in aid from 1993-2003 alone. What did we receive in response? More Palestinian terrorism and hatred.

        Its very simple, Palestinians paved the way for terrorist groups like Al Qaeda, they are the godfathers of terrorism.

  • adamjw2

    “Unfortunately, because knowledge of this witness was acquired using intense interrogation, his testimony was deemed inadmissible by the judge.”

    Unbelievable! What kind of wimp is this judge?

  • jacob

    I'm not a bit surprised about the outcome of this terrorist trial and neither about what happened with this juror, on which I have my doubts, knowing there are infinite ways of skinning a skunk, that is, all the way from her own "conscience" to having been made an offer she couldn't refuse to getting her palm greased…

    But the one who deserves the medal is the supergenius OBAMA appointed Justice Secretary, famous for having been JANET RENO's sidekick in the return of the Cuban
    kid ELIAN to Castro, knowing damned well the implications of the case at the hands of
    the defense but this is the way the ball bounces, the cookie crumbles and the pickle squirts in this rotten administration that still has the chrome plated brass balls of seeking reelection

  • tanstaafl

    What the h-e double hockey sticks is this case doing in a civilian court?

    • http://apcnational.wordpress.com/ Mike in VA

      That's what I'd like to know.

  • Andres de Alamaya

    Put Obama and Holder in Guantanamo and throw the keys away.

  • Renee Rogers-Perry

    I'd like to ask Justice Holder about that comment he made to the reporter that asked him about the fairness of a civilian trial that may get this defendant off. Holder told him to ask him that question after the trail insinuating that he would be found guilty! The judge Kaplan who was a Clinton appointee, would not let some of the major evidence in this case even disallowing the testimony of the man who sold the defendant the explosives and equipment! this is why these terrorists do not deserve to have trials other than in military courts! thank you once again Obama and administration for supporting the rights of terrorists that even FDR would not allow and said that the terrorists they caught would be hung after a military trial!

    • bubba4

      "Unfortunately, because knowledge of this witness was acquired using intense interrogation, his testimony was deemed inadmissible by the judge."

      You're right, if we want to torture people we can't let some civilian judge get all mushy and lawful on us…we need to keep this in military court and if one of this feriners confesses while we have his balls strapped to a car battery…that's good enough for me.

  • tagalog

    The system worked, all right. It worked badly. Justice was not done. Fortunately, the judge may make up for the other failures of this farcical turn of events by giving the guy a life sentence. Hopefully he is not one of our enlightened judges.

    The outcome of this trial manifests the reason why we have put prisoners of war/enemy combatants into an entirely different system, and kept them out of the criminal justice system.

  • Jaladhi

    Again this verdict is an example of the US public's mindset – it is so much infected with political correctness that it can't find this murderer guilty. This will happen to KSM trial also if held in NYC, he won't be found guilty – he is only a pawn of OBL, why find him guilty. Jury of morons in NYC!!!

  • USMCSniper

    That is because his daddy abandoned him at birth and he didn't get porterhouse steak for meals as child and he didn't get to god to Georgetown Prep or Harvard later and it is all the white man's fault anyway.

  • American_Flag

    Liberalism is a mental disorder. Case in point:

    Yet another travesty folks. How much can we take? If we had a military tribunal, this puke-bag would have been found guilty on all 280 counts.

    Our liberal, left-leaning, tolerant and understanding, politically correct society will be the cause of our downfall & collapse.

    SHAME ON US FOR OUR STUPIDITY!!

  • Wesley69

    First of all, I don't give a damn what the Soros-linked Constitution Project thinks!!!!!!!! KING GEORGE SOROS and his minions represent a fundamental threat to the independence of the US!!!!!!!!

    Second, Ahmed Ghailani shouild have been tried before a military court in Guantanmo Bay. What if this convicted terrorist got off???????? That sends a really good signal about the RESOLVE of this weakling administration that refuses to acknowledge that we are in a war against Radical Islam!!!!!!!!! These people want to KILL US!!!!!! What is it going to take: thousands of more dead Americans so that Obama can impose martial law and take over the government?????????????

    MR. OBAMA, YOU, SIR, ARE PLAYING WITH FIRE; AND YOU CAN TELL YOUR PUPPETMASTER THAT THE US AND ITS PEOPLE ARE NOT HIS PLAYTHING!!!!!!!

    All tyranny needs to gain a foothold is for people of good conscience to remain silent.
    Thomas Jefferson

    • American_Flag

      Wait until Sheik Kahlil Mohammed (SP?), the 9-11 master mind is tried in a civilian court and found NOT GUILTY on all 4,000 counts! It's coming – you know it is! This case today will set the precedence…

      It's a shame that not even our justice system is safe from the vice-like grip of liberlism….wow!

      • Wesley69

        The Justice Department is so worried about extending Constitutional rights to our enemies, that they will seriously endanger our self-defense. What are we going to do, Mirandize enemy soldiers directly captured on the battlefield????????

    • bubba4

      You are a reasonable person on one hand and on the other you a raving cultist that thinks that Soros is the grand puppetmaster of the "left's" plot to destroy America.

      Turn off Beck dude…I can smell his brand of cultic nonsense all over you. All tyranny needs to gain a foothold is for ignorant people with their own reality and history to turn over our country to fascists while they decry fascism .

      • Wesley69

        A cultist?????????? I'm not even a member of the Tea Party. I did contribute to Republicans in this recent election. Funny, I even voted for some Democrats.

        Bubba4, I have worried about Soros and his influence in this country going back to 2004. That, I believe, is before Beck turned his attention to the man. I knew about his involvement in the collapse of the British pound. Before Obama appeared, King George was supporting Hillary Clinton – check it out. By the way, King George is my designation for Soros. If you had listened to Beck on any occasion, you would know this.

        You are right about Beck, and I smell of his ideals. Nonsense???? God, Family, Country – Faith, Hope and Charity – yes I like his message. I sounds American to me. I am no Globalist.

        Do I believe there is a plot to destroy this country????? Yes! What is the source of it? Mostly from the Radical Left – Extreme Environmentalists, Marxist-Communists, Organized Labor, Feminists, Gay Community. They want to IMPOSE their views on the rest of us because we are ignorant people with our own reality and view of history. They have their views; I have mine. I just happen to disagree with them. They are the ones who want to shut down opposing viewpoints like Fox, Talk Radio. Check out the FCC's membership, particularly a Mark Lloyd. I tune into CNN for the other side at times. I check out MSNBC for a laugh. There are extremes on the Right as well. As long as everyone respects everyone’s freedoms, I am cool with all.

        Bubba4, my friend, you do need to do a study of Obama's Czars and his study of Saul Alinsky – Rules for Radicals. Obama learned his lessons well. But the power behind the throne is Soros.

        All tyranny needs to gain a foothold is for people of good conscience to remain silent. Thomas Jefferson
        I believe in this country’s freedoms. I will give my opinion and not be silent. If I am made to be silent, then we have a tyranny in place.

        • bubba4

          Soros is an accomplished capitalist. He has been an investor and fund manager for over forty years. He's written several books on the market including detailing shorting the pound sterling in 1992 and making a billion dollars. So I hope you know about this…it is well known. It's actually a fascinating story.

          While there are lots of superrich financial backers of Republicans and the Tea Party, there aren't too many that go out for liberal causes…and by "liberal" I mean the what the word means, not what FPM tries to make it mean.

          The Superrich are usually trying to create better circumstances for their profit, less taxes, less regulation, less oversight, weak government, weak organized labor, weak media, and secrecy.

          Soros, who has more money than you and I will ever see in our lifetimes help to start the Center for American Progress and supports the Open Society Foundation, but what really earned him the ire of the Republicans was trying to defeat George Bush in 2004. For this, Soros is demonized and Horowitz and Beck call him a Nazi.

          This is the communist leader of this plot to destroy America?

          No one needs to silence Fox or right-wing talk radio…although both are bad for the country. What we need is simple set of rules and standards for "news". You can be like Beck and say whatever bat-sh|t crazy thing you want, but on intro and extro you have to run a disclaimer that says it's opinion or editorial.

          There is very little hard news these days. If I'm feeling nostalgic, I can watch the BBC which still has a person at a desk reading "news"…not playing with a chalkboard or interviewing someone in another false equivalency squawk fest.

          "Bubba4, my friend, you do need to do a study of Obama's Czars and his study of Saul Alinsky – Rules for Radicals. Obama learned his lessons well. But the power behind the throne is Soros. "

          But you talk in spin. Calling them "Czars" is spin. None of you would even know who Saul Alinsky was if FPM hadn't selected him as boogeyman #307. I'm been coming here and posting for over 10 years. I can't pinpoint the exact day FPM first broke out Alinsky but now everyone here who accepts and bonds to these ideas suddenly found themselves full of knowledge about this guy and his book.

          You don't have to join a group to allow cultic mind forms into yourself. The tactics are cultic…the level on which the manipulation occurs is much deeper than politics. Beck is all but an evangelist. So I guess you can have your own history and reality, but it would help our country and the future of mankind if we can both see something happen in reality and agree on what just #$&(%$) happened. Not on what it means…but the facts.

          • davarino

            "No one needs to silence Fox or right-wing talk radio…although both are bad for the country. What we need is simple set of rules and standards for "news". You can be like Beck and say whatever bat-sh|t crazy thing you want, but on intro and extro you have to run a disclaimer that says it's opinion or editorial. "

            Hmmm I love your brand of freedom of speech bubba. And who would be the one to determine the "rules"? And would these "rules" also apply to Olberman and Madow?

            The first amendment wasnt meant to protect polite speech that everyone agreed with.

          • bubba4

            Absolutely it would apply to Olberman and Maddow. It would apply to everyone. It's simply a disclaimer. We have them before infomercials. If you want to have hard news run during your infotainment show, cut to a news break. I don't know how you would implement such a thing if I were app to push it….I am talking fancifully, deflating Wesley's "they" who are trying to shut down Fox News. I was trying to get to the heart of the problem that is Fox…while not supporting his boogeyman or the surrogate victimhood on behalf of a corporate entity. Boy it just drains all the fun right out of it when you comb through the anatomy doesn't it? Thanks for popping in Davarino.

        • iconoclastKM

          Although you my friend are hardly any 'band wagon jumper', your comments are such a rich reflection of an awakening and growing more informed American 'mainstream' that stands as the hope we have to preserve and save our Constitutional Republic.

          PS-
          'cultic nonsense'…?
          Must mean Celt-like nonsense, since it's so hard to trust the Irish, Scots or Welsh… ya know what I'm sayin', dude?

  • http://www.shugartpoliticalaction.shugartmedia.com/index.html Tar_n_Feathers

    The travesty here is not the court proceedings nor is it the verdict. That was fairly standard as far as American court jurisprudence goes. We know how obsessively reasonable our legal system can be. The miscarriage occurred the moment it got to the American courts in the first place. That is the travesty.

  • Jaladhi

    What say you now, Mr. AG???

    Right after announcing that the administration will try KSM and other jihadi killers in NYC court,you went around assuring the public that KSM will be found guilty of 9/11 attack on NYC. In fact you said that there is no guarantee that a military court would find KSM guilty whereas a civilian court would definitely do so. Now after this verdict do you still believe that and still want a trial of KSM and his cohorts in a civilian court???

    Reversal of your position is what the American public wants. It is amazing that this administration is feeling guilty of trying these killers in a military or civilian court – what they afraid of?? . In that case just take them in a plane and drop them over Mecca and Medina. That should solve everybody's problem!!!

  • American_Flag

    I recall Holder's exact words…he said "KSM will be found guilty if tried in a civilian court."

    Well, after this verdict, I find no validity in Holder's statement from Sept. 2009.

    • Patriotic American

      He was found guilty. But hey, don't let facts stand in the way of a good opinion.

  • http://www.mysapce.com/freddawes1776/ Fred Dawes

    Come on people so what if this pig obama helped some monkey get away with mass murder IN TODAYS WORLD THAT IS NORMAL.__ What you still don't get in AZ Well over 60,000 mexican drug troops have taken over well over 200 borders areas.__Rep: Steve King Of Lowa I.D Over 100 places owned by Mexico city drug dealers with well over 5,000 mexican MILITARY Inside this nation. In my day that would be called ATTACK BY FOREIGN TROOPS, Todays its normal and the system tells you that nothing can be done. is this telling you something about your government?

  • bubba4

    I know what you mean. Operating foreign prisons and tortutring people is much better for America….

  • Greg

    Stupid is as stupid does and you can't pack much more stupidity into one single act. Will we remember all these things in 2 years when the commander and thief of democracy comes up for re-election?

  • muchiboy

    "As you hate Israelis so much."

    I don't hate Israeli's,nor any other nation or people.And yes,I value, appreciate and am thankful for what Jews and Israeli's have contributed to our world.And just so your head doesn't swell too much,Spirit of 1683, I also value the Babylonians for their contributions to algebra.And the Germans for their contributions to Philosophy.And the French for Brigitte Bardot (not to say Israeli girls aren't an eyeful).
    That said,I hope you might understand that the Palestinians are not as impressed with Jews and Israelis.And with reason.I think I can say that I like Israeli's but not their behavior.
    P.S.I thought it was the Spirit of 1529.I actually downloaded a series of videos; the siege of Vienna,the sack of Magdeburg and the battle of Sedan.

    • MixMChess

      "I don't hate Israeli's,nor any other nation or people."

      Of course you don't hate Israeli's, you just don't think they should exist.

      Again, this article had nothing to do with Israel, nor did any of the comments, so why even raise the subject?

      • Spirit_Of_1683

        Muchinazi likes Israelis alright. He just likes them dead.

  • muchiboy

    "Its very simple, Palestinians paved the way for terrorist groups like Al Qaeda, they are the godfathers of terrorism. "
    might say,MixMChess,that Zionism and later Israeli actions towards the Palestinians together with other Western interference in the Islamic world paved the way to Al Qaeda.Now I'm just saying it's something to think about.And certainly Islamic fundamentalism has its own agenda that I can't fathom.Muchiboy
    Some

    • MixMChess

      "might say,MixMChess,that Zionism and later Israeli actions towards the Palestinians together with other Western interference in the Islamic world paved the way to Al Qaeda."

      No, you might not say that Ron. Even Osama Bin Laden has stated that Israel has little or nothing to do with his grievances against the West (Israel is merely a convenient afterthought). Try again douche.

  • muchiboy

    "Ron, get it through head, Israel has never committed human rights violations against the Palestinians. "

    I support the Palestinians in their legitimate struggle against Zionism and Israeli intransigence,but even I acknowledge the acts of terrorism committed against the Israelis,MixMChess.I read the papers and listen to the news.Surely you can do the same.Just look at the reputations,qualifications and experiences of some of those who have leveled such criticisms e.g.Goldstone,etc.They mostly don't hate Jews or Israel,they just love Humanity,and Jews,Israelis and Palestinians are apart of Humanity.You and me,too.(To the background music of the Beatles "Come Together",or maybe Lennon's "Imagine")Muchiboy

    • MixMChess

      "I support the Palestinians in their legitimate struggle against Zionism and Israeli intransigence"

      Do you support the Palestinians struggle against the Jordanians? Nope. Their struggle against the Syrians? Of course not! Or do you just conveniently support anyone that is attacking Jews? I'm getting warm now aren't I!

      This article has nothing to do with Israel, so why raise the subject? Are you really that obsessed with defaming Jews? Certainly your antisemitism is highly irrational and morally repugnant, now it has graduated to a borderline psychological disorder.

      • Spirit_Of_1683

        I suppose had Muchinazi been an adult in 1942, he would have supported the Nazis "in their legitimate struggle against Zionism and Jewish intransigence" .

  • muchiboy

    "Of course you don't hate Israeli's, you just don't think they should exist. "

    Not at the expense of the Palestinian people.Same as Rhodesia or Apartheid South Africa existing at the expense of the Africans.While I would like to see a single state,and so would they,return land,land,land,and maybe someday they may accept you,though I don't think they have any moral obligations to that end.In my book,any moral obligations are Israeli alone.Make the carrot a lot bigger and don't be so free with the stick and maybe you'll get somewhere.But I just don't think you get it,as clever as you say you are.Muchiboy

    • MixMChess

      What the hell are you rambling on about? You're completely off topic dimwit. Again I ask what do your lies and fabrications about Israel and the Palestinians have anything to do with the article? Clearly you don't get it, so let me make this clear… you're a sociopath and an antisemite. Do us all a favor and go walk in front of a fast moving truck.

  • suprkufrB

    Despicable, but not unexpected. However, not to despair – this one has a silver lining! Every US citizen, except for the chronic neverland lefties, now clearly understands where barak hussein's sympathies lie, and what will happen if his policies are pursued. There is now a clear, easily understood choice; stick with this administration and surrender the country to a 9th century totalitarian theocracy, or dump it and replace it with one which will zealously defend our hard-won freedom.
    This evil cadre now has the life expectancy of a tail gunner. Bite down hard until Nov. 2012!

  • George Aradi

    As the first FBI Agent on scene at the US Embassy bombing in Tanzania, in my wildest dreams I never could have imagined that this trial would end this way. Instead of joining the FBI, perhaps I should have joined the circus because that's what we have become.

    • Patriotic American

      Well maybe if your fellow officers hadn't tortured statements out of him, the out come would have been more to your liking.

  • Ret. Marine

    Some one care to student me here on this one. If the Supreme Court ruled that enhanced interrogation is not against the laws under Executive orders, and the rights of the Commander in Chief, why then did this judge use it as an excuse to withhold evidence in this terrorist's trial? Somethings not right in Dodge City folks.

    • USMCSniper

      Kaplan is an activist judge appointed by Clinton

      • Patriotic American

        Explain oh learned one how the fact that this Judge was appointed by President Clinton, makes him activist?

    • Patriotic American

      It's called the rule of evidence.

  • richard

    i guess he'll do some time unless he comes down with cancer like the guy in scotland.

  • BS77

    Yeah the release of that Lockerbie pile of garbage was pitiful…pathetic example of PC groveling and submission….plus wasn't there some kind of oil deal with Libya ? Heck, why is KSM still in pre trial…what has it been since 9/11? going on ten years and the sack of dirt is still watching TV and napping at Gitmo…….I don't get it. FDNY in memory….your sacrifices will NOT be forgotten!!!!

  • Patriotic American

    He was found guilty and faces life imprisonment. How that equates to a terrorist victory defeats logic.

    And by the way. If not for Bush's misguided policy of extracting statements by way of torture, Ghailani's statements would have probably come into evidence. If this was a terrorist victory, well then I guess you have Bush to thank.

    Decision points my . . .

  • Patrick

    Have you not seen what is going on in every court in the Nation? The takeover of our goverment by Marxist liberals has given the green light to activist judges to dispense "social justice" instead of criminal justice. Ruling after ruling has been based on the whims of liberal lunatic judges everywhere.

    But, it begins with racist Eric "Nation of Cowards" Holder who refuses to prosecute black on white crime as well as Muslim on non-Muslim crime. Sure, KSM would be found guilty in a civil trial – but of what? Double parking?