Advancing a Free Society

CCR on Ghailani

Thursday, November 18, 2010

The Center for Constitutional Rights has issued what I think is a genuinely shocking statement on the Ghailani verdict–one which really lays bare the group’s position on terrorist trials:

CCR questions the ability of anyone who is Muslim to receive a truly fair trial in any American judicial forum post-9/11.  Both the military commission system and federal criminal trials have serious flaws.  However, on balance the Ghailani verdict shows that federal criminal trials are far superior to military commissions for the simple yet fundamental reason that they prohibit evidence obtained by torture.  If anyone is unsatisfied with Ghailani’s acquittal on 284 counts, they should blame the CIA agents who tortured him.

That’s right, folks: Faced with a jury that just acquitted an Al Qaeda terrorist on 284 counts and convicted on only one, CCR is expressing doubt that any Muslim can receive a fair trial in any American judicial forum.

Continue reading Benjamin Wittes at Lawfare