Research Briefing

While Passengers Face Invasive Pat Downs At Airports, Attorney General Eric Holder Fights To Protect The Rights Of Confessed Terrorists

Attorney General Eric Holder In 2009: “With His Appearance In Federal Court Today, Ahmed Ghailani Is Being Held Accountable For His Alleged Role In The Bombing Of U.S. Embassies In Tanzania And Kenya And The Murder Of 224 People.” (Department Of Justice, “Ahmed Ghailani Transferred from Guantanamo Bay to New York for Prosecution on Terror Charges,” 6/9/09)

•  “By Prosecuting Ahmed Ghailani In Federal Court, We Will Ensure That He Finally Answers For His Alleged Role In The Bombing Of Our Embassies In Tanzania And Kenya.” (Department Of Justice, “Accused East Africa Embassy Bomber Held at Guantanamo Bay to Be Prosecuted in U.S. Federal Court,” 5/21/09)

YESTERDAY, AHMED GHAILANI WAS ACQUITTED ON ALL BUT ONE OF THE MORE THAN 280 CHARGES AGAINST HIM FOR BOMBING TWO U.S. EMBASSIES IN 1998

Ghailani Acquitted For All But One Of The More Than 280 Charges Against Him. “The first former Guantánamo detainee to be tried in a civilian court was acquitted on Wednesday of all but one of more than 280 charges of conspiracy and murder in the 1998 terrorist bombings of the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania… The defendant, Ahmed Khalfan Ghailani, 36, was convicted of one count of conspiracy to destroy government buildings and property. He was acquitted of four counts of conspiracy, including conspiring to kill Americans and to use weapons of mass destruction.” (Benjamin Weiser, “Detainee Acquitted On Most Counts In ’98 Bombings,” The New York Times, 11/17/10)

Ghailani Was Found Not Guilty On Every Single Murder Charge That He Faced. “The first former Guantanamo Bay detainee to be tried in federal criminal court was found guilty on a single conspiracy charge Wednesday but cleared on 284 other counts. The outcome, a surprise, seriously undermines - and could doom - the Obama administration's plans to put other Guantanamo detainees on trial in U.S. civilian courts.” (Peter Finn, “Terror Detainee Largely Acquitted,” The Washington Post, 11/18/10)

The Justice Department Was “Pleased” That Ghailani Was At Least Convicted Of One Conspiracy Count. “’We respect the jury's verdict and are pleased that Ahmed Ghailani now faces a minimum of 20 years in prison and a potential life sentence for his role in the embassy bombings,’ said the Justice Department's Matthew Miller.” (Carol Rosenberg, “New York Jury Convicts Suspect For Role In Embassy Bombings, McClatchy Newspapers, 11/17/10)

No Surprise, Since Holder Says Terrorists Should “Be Treated Just Like Any Other Murder Defendants … They Have The Same Rights That A Charles Manson Would Have.” “‘These defendants charged with murder would be treated just like any other murder defendants,’ Holder said with evident exasperation. ‘The question is: Are they being treated as murderers would be treated? The answer to that question is, yes, they have the same rights that a Charles Manson would have.’ While Holder thought the Manson comparison would make Americans feel more comfortable with the idea of civilian trials for terrorism suspects, Rep. John Culberson (R-Texas) disagreed and sensed an opening. ’Osama bin Laden, in your opinion, has the same rights as Charles Manson?’ Culberson asked. ’In some ways, I think they’re comparable people,’ Holder said.” (Josh Gerstein, “AG: Bin Laden Won’t Be Caught Alive,” Politico, 3/16/10)  

WILL THIS VERDICT GIVE HOLDER PAUSE OR WILL HE CONTINUE TO PROCEED WITH CIVILIAN TRIALS, GIVING HOPE TO OTHER TERRORISTS?

Attorney General Holder Made The Decision To Give Attempted Underwear Bomber Miranda Rights Upon His Arrest. "Holder says he made the decision to read the underwear bomber suspect his Miranda rights..."  (Kasie Hunt, "Eric Holder: I Ordered Miranda Rights," Politico, 2/3/10)

• Holder Stated That “All Relevant Departments” Knew Of His Decision To Charge The Attempted Underwear Bomber As A Common Criminal. "I made the decision to charge Mr. Abdulmutallab with federal crimes, and to seek his detention in connection with those charges, with the knowledge of, and with no objection from, all other relevant departments of the government." (Eric Holder, Letter To Mitch McConnell, 2/3/10)
• Holder’s Decision To Put  The Attempted Underwear Bomber In "Civilian Tribunal" Denied U.S. Intelligence Agencies Valuable Information. "Abdulmutallab was ... in a civilian tribunal where the first step was to get him a lawyer who promptly put an end to his disclosures ... The point is less where Abdulmutallab will eventually be prosecuted than what use could have been made of him as an intelligence source. No consideration whatsoever appears to have been given to where Abdulmutallab fits in the foreign contingency operation ..." (Michael B. Mukasey, Op-Ed, "What Does The Detroit Bomber Know?" The Wall Street Journal, 1/6/10)

Attorney General Holder Made The Decision To Try 9/11 Terrorists In New York City. “Today, I am announcing that the Department of Justice will pursue prosecution in federal court of the five individuals accused of conspiring to commit the 9/11 attacks… The 9/11 cases that will be pursued in federal court have been jointly assigned to prosecutors from the Southern District of New York and the Eastern District of Virginia and will be brought in Manhattan in the Southern District of New York.” (Eric Holder, Attorney General Announces Forum Decisions for Guantanamo Detainees, 11/13/09)

• Holder Even Failed To Consult With Obama On Terror Trial Decision. Jim Lehrer: “So, you just told him what your decision was; you didn’t say, ‘What do you think about it, Mr. President?’” Holder: “Nope. Told him last night -- or had relayed to him what I was going to do last night while he was on Air Force One on his way to Asia.” (PBS’ “News Hour With Jim Lehrer,” 11/13/09)
• Holder Also Failed To Consult With Homeland Security Secretary Janet Napolitano About The Terror Trials. Sen. Hutchison: “So, were you consulting in the beginning before the decision was made to bring them to New York for the trial?” Sec. Napolitano: “I was not, not in the sense of being consulted as to whether security concerns would preclude the ability to try them in New York, but I’m very comfortable with the decision to try them in New York.” (Senate Committee On Commerce, Science, And Transportation Hearing, 12/2/09, Video At 45:40 Mark)
•  And Holder Failed To Consult With New York Mayor Bloomberg Or NYPD Commissioner. “A spokesman for Mayor Bloomberg said the Mayor was only informed the morning when Attorney General Eric Holder made his announcement… NYPD Commissioner Ray Kelly said the Justice Department did not consult the city officials before deciding to send Khalid Sheikh Mohammed … to New York City for trial. ‘There was no consultation … with the police department…’” (Jonathan Dienst, “NYPD Commish: Nobody Asked Us About Hosting The 9/11 Trials,” NBC News-New York, 12/2/09)