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 Twitterverse
JimWhiteGNV RT @bmaz: Pat Tillman Was A Man, Not Just A Symbol http://t.co/LHFaQOUS99 Who Pat was in life, not just death
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bmaz Pat Tillman Was A Man, Not Just A Symbol http://t.co/LHFaQOUS99 Who Pat was in life, not just death
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bmaz @HzmtH1 @terraformer @radleybalko @WPTheWatch I do this for a living, and thought "exigent circumstances" warrants marshal law is absurd
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emptywheel @gideonstrumpet need to check my schedule but I might have time to touch base.
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bmaz @HzmtH1 @terraformer @radleybalko @WPTheWatch Yeah, well, the central premise is irrefutable if you actually believe in US+MA Constitutions.
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emptywheel @gideonstrumpet I'm speaking at 4:15 @ Hampshire but will be here thru Sat AM. What's your schedule tomorrow? @bmaz @FalguniSheth
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bmaz @GregoryMcNeal @radleybalko Already have and do!
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bmaz Now that Fed govt has initiated pardon+sentencing reform, pressure on governors and states to do the same should be brought.
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bmaz @TimothyS Yes yes, but I really detest the former too!
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bmaz Can Obama pardon enough inmates to shut down the loathsome private prisons like CCA et. al? He should. http://t.co/nXFmq0tE2V
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bmaz @janehamsher @SavannahGuthrie @JohnKiriakou @TODAYshow Then whispers sweet nothings in his ear on the way out.
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bmaz RT @michaelbkiefer: If the AZ Supreme Court issues a death warrant, Joe Wood will be executed with medazolam + hydromorphone, which didn't …
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