Lawfare fails administration on African embassy bomber

Ahmed Khalfan GhailaniImage via Wikipedia
Returning to the failed policy of the past in dealing with terrorist saw the administration barely escape with only one guilty verdict on a total of more than 280 counts.  The failure to try him in a military commission was a major mistake, but it is doubtful that Obama and Holder will overcome their stubborn determination to return to the failed lawfare model which has been proven to have virtually no deterrent value in dealing with a determined enemy.

...

The case has been seen as a test of President Obama’s goal of trying detainees in federal court whenever feasible, and the result may again fuel debate over whether civilian courts are appropriate for trying terrorists.

The defendant, Ahmed Khalfan Ghailani, 36, was convicted of one count of conspiracy to destroy government buildings and property. He was acquitted of six counts of conspiracy, including conspiring to kill Americans and use weapons of mass destruction.

When the judge’s clerk asked how the jury found on counts 11 to 223, which were all counts of murder, the jury foreman replied, “Not guilty.”

Mr. Ghailani faces a sentence of 20 years to life in prison.

...

The jury did not convict him of the mass murder of non combatants.  Al Qaeda has to view this as a win.

BTW, in the earlier African embassy trials in the late 90s evidence came out that we were intercepting bin Laden's phone calls including ones with the embassy bombers.  Because of that he quit using his phone and we lost the ability to get information that could have warned us of the 9-11 attacks.  That is another problem with the lawfare approach.
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