War on Terror: Law enforcement approach doesn't work

The "Lets try the murderous terrorists in civilian court" argument put forth by the Obama administration took a big hit last night. The case against Ahmed Ghailani for his role in the 1998 African embassy bombings was very strong. The law enforcement approach to fighting the War on Terror was proven to be a failure on September 11, 2001.

From the Senate Republican Communications Center:

Ghailani Case: “A Close Call”

AG Holder Previously Dismissed Concern With Civilian Trials By Saying “At The Conclusion Of The Ghailani Case, I'll Ask You To Ask Me That Question Again”


“The First Former Guantanamo Bay Detainee To Be Tried In Federal Criminal Court Was Found Guilty On A Single Conspiracy Charge” “But Cleared On 284 Other Counts”

“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.” (“Terror Detainee Largely Acquitted,” The Washington Post, 11/18/10)

· “But The Verdict Was Still A Blow To Administration Officials, Who Were Quietly Confident That Ghailani Would Be Found Guilty On All Charges. For Some, A Conviction On Only One Count Amounted To A Close Call.” (“Terror Detainee Largely Acquitted,” The Washington Post, 11/18/10)

AG Eric Holder Said “Ahmed Ghailani Is Being Held Accountable” For “The Murder Of 224 People” But He Was Not Convicted Of A Single Murder Charge

ATTORNEY GENERAL ERIC HOLDER: “Failure Is Not An Option. These Are Cases That Have To Be Won. I Don't Expect That We Will Have A Contrary Result.” “Asked what might happen if the suspects are acquitted, Holder replied: ‘Failure is not an option. These are cases that have to be won. I don't expect that we will have a contrary result.’” (“Obama: Alleged 9/11 Leader Will Be Executed,” MSNBC, 11/18/09)

· HOLDER: “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.” (U.S. Dept. Of Justice, “Accused East Africa Embassy Bomber Held at Guantanamo Bay to Be Prosecuted in U.S. Federal Court,” 5/21/09)

· HOLDER: “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.” (Justice Department, “Ahmed Ghailani Transferred from Guantanamo Bay to New York for Prosecution on Terror Charges,” 6/9/09)

· HOLDER: “I Think The True Test Is, Ultimately, How Are These Cases Resolved? What Happens? Can These Cases Be Brought Into Article III Courts And Can They Be Successfully Resolved From The Government's Perspective? … And At The Conclusion Of The Ghailani Case, I'll Ask You To Ask Me That Question Again.” Q: “Mr. Attorney General, back on Ghailani, the Republicans have repeatedly criticized the administration over allowing them, terrorism suspects, from Guantanamo or being held at Guantanamo full access to the U.S. legal systems. And here, in the very first trial of one of those detainees, you have a judge who has excluded one of your key witnesses. How does this not make it that much more difficult to move ahead with KSM and other suspects in the wake of that?” HOLDER: “Well, you have to understand something. We're talking about one ruling in one case by one judge that we will look at and decide how we want to react to it. I think the true test is, ultimately, how are these cases resolved? What happens? Can these cases be brought into Article III courts and can they be successfully resolved from the government's perspective? ... We have to deal with this one ruling, and we will. And the matter will proceed. And at the conclusion of the Ghailani case, I'll ask you to ask me that question again.” (Justice Department, Press Conference, 10/6/10)

Guantanomo Bay has facilities for military tribunals. Let's use them.

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