Who among us believed accused terrorist Ahmed Ghailani would actually receive a just penalty for bombing the American Embassies in both Kenya and Tanzania?
Holder: The Pansy Prosecutor
Eric Holder, arguably the weakest Attorney General in United States history, made the ill-advised and ill-fated decision to pursue a civil, not military, trial against Ghailani for his crimes against the people of the United States (in above video). The day the decision was made, me and many others forcefully argued against this soft-on-crime approach for which Holder is known.
The fundamental problems I had with the decision to prosecute in a civil trial as opposed to a military tribunal were two:
- The crime was an act of international terrorism, which should be dealt with in a military context, and
- The ability to prosecute such a crime in a civil trial would be near impossible, since evidence collection in foreign countries is sketchy at best, in addition to the fact that battlefields are not treated the same as crime scenes—so much of the evidence that would have been collected (had we thought a civil trial would be held) was not collected, hence strengthening the defense for Ghailani.
So the deck was stacked against the prosecutors from Day One.
The Scandal of Injustice
What happened, then, is that little of the evidence that could have been collected was collected. Also, because the terrorist was given a civil trial, he was afforded additional legal protections a citizen would be provided—as opposed to the lesser protections that would be given to an enemy of the state. This led to the defense’s success in dismissing what strong evidence was presented: the suspect’s clothing, cell phone, crime scene evidence, and witness testimony.
So far from seeing Holder’s promise of successful prosecution and judgment against the unquestionably-guilty defendant, Monday’s judgment issued only hours ago (11.17.2010) found Ghailani guilty of one crime—and acquitted of, gulp, a mind-bending 276 (I said TWO HUNDRED AND SEVENTY SIX) charges. Any of those 276 charges could have brought a capital judgment against the terrorist but he was, instead, found guilty of a much lesser crime of little consequence.
As a result of this legal buffoonery, the deaths and destruction of US property and citizenry goes unchecked; Families and a nation seeking justice are disappointed with still-gaping wounds that remain unhealed; and international Jihad Islamists are empowered and emboldened in the face of impotent American foreign and terror policy. How many more lives will it take?
Meanwhile, the blood of American innocents cries out from the grave.