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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emptywheel @mattblaze Depends. Does govt (FBI) ever obtain "Frequent Locations" from Apple? Do they share w/NSA? Does CBP share border search results?
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emptywheel Can't NARA just put this govt data in the UT data center? @Krhawkins5 @saftergood @JasonLeopold
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emptywheel Why are so many agencies trying to destroy data anyway, when FBI retains data on us indefinitely? @Krhawkins5 @saftergood @JasonLeopold
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emptywheel @Krhawkins5 Huh. CIA's trying to do that at same time torture apologists are claiming millions of cables are inaccurate @jasonleopold @cia
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bmaz RT @emptywheel: Even as Yahoo was challenging Protect America Act, govt was secretly making their spying program more intrusive. http://t.c…
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bmaz @joshgerstein @juliemason So, it is like the attorneys at DOJ then, eh. We know how well that works.
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bmaz @RachelBLevinson @maassive As I sit in Maricopa County Superior Court waiting for my case to be called....
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bmaz @RachelBLevinson @maassive Ya, that's being overly kind.
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bmaz RT @RachelBLevinson: This is pretty astonishing. MT @maassive 100s of local police hand out dubious "Internet Safety" spyware to families h…
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emptywheel @charlie_savage I think Cook and Brand's lang on 163 in PCLOB 702 is revealing abt how DOJ used to think of "using" data. @PatrickCToomey
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bmaz @charlesmonaco @intelligencer Wow. Breathing while black?
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bmaz RT @charlesmonaco: 2 blocks away from mayor's house. RT @intelligencer: NYPD to black teens in Park Slope: "Get out of the neighborhood" ht…
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