Outrage of the Day.

Terrorist who confessed to murder acquitted.

According to Daniel Foster at NRO:

Ahmed Ghailani was found not guilty of each of the over 280 counts against him — save one — in the first civilian trial of a Gitmo detainee conducted by the Obama administration.


Among the charges were one count of murder for each of the 224 people killed in the 1998 bombings of the U.S. embassies in Kenya and Tanzania, but Ghailani was found not guilty on each. The lone guilty verdict came on a conspiracy to destroy government buildings charge, which comes with a sentence of 20 years to life.

The jury in the case deliberated for seven days, with one juror requesting to be replaced after telling a judge she disagreed with her peers and was worried she’d face their ire.

Though Ghailani had previously confessed to his role in carrying out the bombings, that confession and a crucial prosecution witness were thrown out because both stemmed from interrogations at a CIA camp.

Ed Morissey observes:

Let’s face it. Barack Obama and Eric Holder gambled their entire national-security credibility on the Ahmed “Foopie” Ghailani trial, arguing that they could get convictions of detainees captured abroad by military and intelligence assets while using federal courts as a venue rather than the military commissions that Congress repeatedly authorized for that purpose. Holder scolded critics who pointed out all of the reasons that such a strategy was much more likely to fail for “politicizing” the process, especially in regard to the trial of Khalid Sheikh Mohammed, whose case is more problematic than Ghailani’s, where the FBI did a large part of the investigation before intelligence assets were used to seize and interrogate Ghailani.


The failure of Holder’s DoJ to win anything more than a single conspiracy count against Ghailani as a result of using a process designed for domestic criminals than wartime enemies shows that the critics had it right all along. It also shows that both Obama and Holder have been proven spectacularly wrong, since a man who confessed to the murder of over two hundred people will now face as little as 20 years, with a big chunk of whatever sentence Foopie receives being reduced by time already served.

The administration is left with three choices in regards to Ghailani: announce that they will release him at the appointed date whenever his sentence ends, announce that they will hold him indefinitely without regard to the court’s ruling on the matter while referring the case back to a military commission despite his acquittals, or refuse to state which they will do and hope the issue falls to the next administration.  The first will mean that the US will knowingly release a master al-Qaeda terrorist with more than two hundred murders under his belt; the second will mean that the trial they staged was nothing but a sham.  And the third will be a cowardly dodge.

Apparently,  Obama is arguing for the principle of "post-acquittal detention":

Even had he been acquitted on all counts, the Obama administration had made clear that it would simply continue to imprison him anyway under what it claims is the President's "post-acquittal detention power" -- i.e., when an accused Terrorist is wholly acquitted in court, he can still be imprisoned indefinitely by the U.S. Government under the "law of war" even when the factual bases for the claim that he's an "enemy combatant" (i.e. that he blew up the two embassies) are the same ones underlying the crimes for which he was fully acquitted after a full trial. When he banned the testimony of the key witness, Judge Kaplan, somewhat cravenly, alluded to and implicitly endorsed this extraordinary detention theory as a means of assuring the public he had done nothing to endanger them with his ruling (emphasis added):

[Ghailani's] status as an "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 in this case.