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?

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up
To continue reading this article...
Continue reading this article and get limited website access each month.
Get unlimited website access, exclusive newsletters plus much more.
Cancel or pause at any time.
Already a subscriber to The Week?
Not sure which email you used for your subscription? Contact us