Thursday, November 18, 2010

Acquitted But Imprisoned...

... at His Majesty's behest? Glenn Greenwald remarks on the verdict in the cases of Ahmed Ghailani: 1 conviction (conspiracy to blow up a building), 280+ acquittals (murder and conspiracy):


... Last month, the federal judge presiding over the case, Lewis Kaplan, banned the testimony of a key witness because the Government under George Bush and Dick Cheney learned of his identity not through legal means but instead by torturing Ghailani (and also possibly coerced the testimony of that witness). ...

But 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.
(Emphasis original.)

The old curse has been wrought upon us: We live in interesting times.

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