Ahmed Ghailani Guilty of Conspiracy, But Not Murder

The jury in Ahmed Khalfan Ghailani’s trial for his role in the 1998 embassy bombings has found him guilty of conspiracy, but not the charges of terrorism he was accused of. With the one count, however, he may still face a life sentence.

It appears likely that just one juror voted against the other charges against Ghailani. Earlier in the week, a juror wrote the judge that she was being attacked by other jurors, asking to be dismissed because her views on the charges would not change. Then, earlier today, the jurors asked the judge to explain the conspiracy charge that Ghailani was ultimately convicted of. So it appears that juror did ultimately vote for the conspiracy charge.

There will be a lot of incredulity about the fact that Ghailani was not found guilty of the other charges. In particular, people will suggest that had Hussein Abebe been permitted to testify that he had sold the explosive to Ghailani used in the attack, then he would have been found guilty on all charges.

But aside from second-guessing the trial result, there’s a problem with that: Judge Lewis Kaplan strongly suggested that he refused to let Abebe testify not just because prosecutors wouldn’t have found him if it weren’t for the torture-induced confession of Ghailani, but also because Abebe himself was coerced to give the testimony he did. Which means we couldn’t know whether his testimony had been shaded to reflect what those coercing him to testify wanted him to say.

All of which debate of course distracts from the larger point: yet another terrorist–a big one, if you believe the government–has been convicted in a civilian trial.

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bmaz RT @ACLUaz: Yikes. @AZDHS threatened to search HOME of @ProChoiceAZ leader. Who else are they harassing? http://t.co/uFf4X2GpUF http://t.co
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JimWhiteGNV RT @lrozen: If it's Sunday.... RT @BarakRavid: Netanyahu giving interview to the Sunday morning talk shows to attack a possible Iran deal
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bmaz @PogoWasRight @davidrook @walterwkatz Welp, Nico a no go it looks like. Congratulations to Hamilton I guess.
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bmaz Man, the Yas Marina Circuit is just stunningly beautiful. #F1
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bmaz @ChristineDByers I ask because, frankly, it looks to me like MO has very weak overall GJ secrecy law.
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bmaz @ChristineDByers Can you or Peter Joy delineate specifically what MO statutes and rules prevent release of the GJ vote tally+other matters?
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bmaz RT @mattdpearce: This grand jury process, which is basically functioning as a trial, has been a pretty good example of why trials are open …
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bmaz @gracels @dcbigjohn That is a given.
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bmaz @gracels Naw, I have sat with @dcbigjohn My bet is you would actually like him quite a bit! Seriously. And he has passion for border stories
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bmaz @KanysLupin @emptywheel @MonaHol Not sure of context or question, but I would imagine prior statuses or placements on a list. Sorry, dunno.
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bmaz @dcbigjohn This is fucking outrageous.
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