The Ghailani verdict: Trying terrorists in civilian court vs. military

The mixed verdict for the first former Guantanamo detainee prosecuted in a federal court reignites the debate over how to try accused terrorists

Ahmed Khalfan Ghailani, in a photo released in 2004, is the first former Guantanamo detainee to face federal prosecution in court.
(Image credit: Corbis)

The debate over how to prosecute terrorism suspects erupted anew last week, after a civilian jury acquitted Ahmed Khalfan Ghailani of all but one of 285 charges relating to the 1998 embassy bombings in Africa. Ghailani was the first former Guantanamo detainee to be tried in federal court. The judge ruled that testimony from a key witness was inadmissible, as investigators learned of his existence during an interrogation when Ghailani claims he was tortured. But there was enough evidence to convict Ghailani of conspiracy to blow up buildings — worth a minimum 20-year prison sentence. Is this a victory or defeat for the Obama administration's strategy of trying terror suspects in civilian rather than military courts? (Watch a BBC report about the verdict)

Ghailani is going to prison. What's the problem? Take a look at what actually happened here, says David A. Graham at Newsweek. "The U.S. government successfully prosecuted a major terror suspect" in a civilian court. The only reason he wasn't convicted of more charges was the Bush Administration's "constitutionally questionable" methods of extracting information. Ghailani's going away for 20 years to life. What more do you want?

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