News / USA

US Constitutional Protection Given to Foreign Terror Suspect

Accused terrorist Ahmed Ghailani in court
Accused terrorist Ahmed Ghailani in court
Peter Fedynsky

A U.S. federal judge in New York has ruled that testimony of a key witness identified as a result of coercion may not be used in the trial of accused terrorist Ahmed Ghailani.  Ghailani is the first suspect held in Guantanamo to be tried in an American civilian court.  

U.S. Federal Judge Lewis Kaplan has granted a motion by Ahmed Ghailani's defense team to preclude testimony against the defendant by Hussein Abebe.  Kaplan agreed that Abebe was identified and located as a direct result of statements made by Ghailani while he was held by the Central Intelligence Agency.  

The judge said the conclusion has not been reached lightly, noting "acute awareness of the perilous nature of the world in which we live."  But he says, "The Constitution is the rock upon which our nation rests, and it must be followed not only when it is convenient.  To do less, would diminish us and undermine the foundation upon which we stand."

The decision is based on the Fifth Amendment to the U.S. Constitution, which says no one shall be compelled in any criminal case to be a witness against himself.

Ghailani's attorney, Peter Quijano, says the defense could not agree more with the court, adding that this case will be tried on lawful evidence, not torture, not coercion.  

"For our system of justice, to work, the Fifth Amendment must apply to Ahmed Ghailani as much as to any other defendant before the bar of justice," said Quijano. "It is the Constitution that won a great victory today.  We applaud the Court for its courage and support for the law."

Ghailani is accused of terrorism in the 1998 bombings of U.S. embassies in Kenya and his native Tanzania, as well as conspiracy with al-Qaida to kill Americans around the world.

The judge delayed opening of the trial until Tuesday, admonishing about 65 potential jurors not to read, discuss or research anything about the case to make certain they do not become prejudiced about it.  The delay allows the government time to reconsider its strategy or to appeal the ruling.  

In his remarks to the court, U.S. Assistant Attorney Michael Farbiarz did not indicate how the prosecution will proceed.

The Court had rejected pretrial motions by the defense to dismiss the case altogether on grounds that Ghailani was subjected to prolonged detention and harsh interrogation at the U.S. military prison at Guantanamo Bay, Cuba.  Ghailani was apparently forced to divulge Abebe's identity while in confinement with terrorists linked to the September 11, 2001 attacks.

Matthew Waxman, a Columbia University associate law professor and Senior Fellow at the Council on Foreign Relations, says the prosecution may have enough evidence to convict even without Abebe's testimony.  

"That is certainly the hope of the prosecutors that they can rely as much as possible, if not exclusively, on pre 9/11 evidence," said Waxman. "And now that this case has gone through some pre-trial rulings, it really does boil down to evidence."

The defendant entered the courtroom without handcuffs, dressed in a maroon shirt, a tie and gray pullover.  He appeared to have a relaxed smile and animated discussions with his attorneys.  

Judge Kaplan noted Ghailani faces the possibility of life imprisonment, if convicted.  He said the defendant's status as an enemy combatant could permit his detention in a status similar to a prisoner of war until hostilities between the United States, al Qaida and the Taliban end, even if he were found not guilty.  

You May Like

Missouri Town Braces for Possible Racial Unrest

Situation in Ferguson hinges on whether white police officer will be indicted for August shooting death of unarmed black teen; decision could come Monday More

Video Ukraine Marks Anniversary of 1930s Deadly Famine

President Poroshenko compares Soviet-era ‘genocide’ to current tactics of pro-Russia rebels in Ukraine's east More

S. Philippines Convictions Elusive 5 Years After Election-related Killings

Officials vowed to deliver justice as the nation marked the anniversary of the country's worst political massacre that left 58 dead, more than half media More

This forum has been closed.
Comments
     
There are no comments in this forum. Be first and add one

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Ukraine Marks Anniversary of Deadly 1930s Faminei
X
Daniel Schearf
November 23, 2014 4:32 PM
During a commemoration for millions who died of starvation in Ukraine in the early 1930s, President Petro Poroshenko lashed out at Soviet-era totalitarianism for causing the deaths and accused today’s Russian-backed rebels in the east of using similar tactics. VOA’s Daniel Shearf reports from Kyiv.
Video

Video Ukraine Marks Anniversary of Deadly 1930s Famine

During a commemoration for millions who died of starvation in Ukraine in the early 1930s, President Petro Poroshenko lashed out at Soviet-era totalitarianism for causing the deaths and accused today’s Russian-backed rebels in the east of using similar tactics. VOA’s Daniel Shearf reports from Kyiv.
Video

Video Hong Kong Protests at a Crossroads

New public opinion polls in Hong Kong indicate declining support for pro-democracy demonstrations after weeks of street protests. VOA’s Bill Ide in Guangzhou and Pros Laput in Hong Kong spoke with protesters and observers about whether demonstrators have been too aggressive in pushing for change.
Video

Video Law Enforcement, Activists in Ferguson Agree to Keep Peace

Authorities in Ferguson, Missouri, say they have agreed with protest leaders to maintain peace when a grand jury reaches its decision on whether to indict a white police officer in the shooting death of a black teenager. Ferguson, a suburb of St. Louis, has been the scene of intermittent violence since the August 9 shooting intensified long-simmering antagonism between the police and the African-American community. VOA's Zlatica Hoke reports.
Video

Video US Immigration Relief Imminent for Mixed-Status Families

Tens of thousands of undocumented immigrants in the Washington, D.C., area may benefit from a controversial presidential order announced this week. It's not a path to citizenship, as some activists hoped. But it will allow more immigrants who arrived as children or who have citizen children, to avoid deportation and work legally. VOA's Victoria Macchi talks with one young man who benefited from an earlier presidential order, and whose parents may now benefit after years of living in fear.
Video

Video New Skateboard Defies Gravity

A futuristic dream only a couple of decades ago, the hoverboard – a skateboard that floats above the ground - has finally been made possible. While still not ready for mass production, it promises to become a cool mode of transport... at least over some surfaces. VOA’s George Putic reports.
Video

Video Falling Gas Prices Impact US Oil Extraction

With the price of oil now less than $80 a barrel, motorists throughout the United States are benefiting from gas prices below $3 a gallon. But as VOA’s Kane Farabaugh reports, the decreasing price of petroleum has a downside for the hydraulic fracturing industry in the United States.
Video

Video Tensions Build on Korean Peninsula Amid Military Drills

It has been another tense week on the Korean peninsula as Pyongyang threatened to again test nuclear weapons while the U.S. and South Korean forces held joint military exercises in a show of force. VOA’s Brian Padden reports from the Kunsan Air Base in South Korea.
Video

Video Mama Sarah Obama Honored at UN Women’s Entrepreneurship Day

President Barack Obama's step-grandmother is in the United States to raise money to build a $12 million school and hospital center in Kogelo, Kenya, the birthplace of the president's father, Barack Obama, Sr. She was honored for her decades of work to aid poor Kenyans at a Women's Entrepreneurship Day at the United Nations.
Video

Video Gay Evangelicals Argue That Bible Does Not Condemn Homosexuality

More than 30 U.S. states now recognize same-sex marriages, and an increasing number of mainline American churches are blessing them. But evangelical church members- which account for around 30 percent of the U.S. adult population - believe the Bible unequivocally condemns homosexuality. VOA's Jerome Socolovsky reports that gay, lesbian, bisexual and transgender evangelicals are coming out. Backed by a prominent evangelical scholar, they argue that the traditional reading of the bible is wrong.
Video

Video Ebola Economic Toll Stirs W. Africa Food Security Concerns

The World Bank said Wednesday that it expects the economic impact of the Ebola outbreak on the sub-Saharan economy to cost somewhere betweenf $3 billion to $4 billion - well below a previously-outlined worst-case scenario of $32 billion. Some economists, however, paint a gloomier picture - warning that the disruption to regional markets and trading is considerable. Henry Ridgwell reports from London.
Video

Video Chaos, Abuse Defy Solution in Libya

The political and security crisis in Libya is deepening, with competing governments and, according to Amnesty International, widespread human rights violations committed with impunity. VOA’s Al Pessin reports from London.
Video

Video US Hosts Record 866,000 Foreign Students

Close to 900,000 international students are studying at American universities and colleges, more than ever before. About half of them come from Asia, mostly China. The United States hosts more foreign students than any other country in the world, and its foreign student population is steadily growing. Zlatica Hoke reports.

All About America

AppleAndroid