Green Room

First Gitmo Detainee Arrives in NYC…Ahmed Ghailani to face Federal Court

posted at 6:51 am on June 9, 2009 by

Ahmed Ghailani has arrived.  In New York City, that is.

Well, at least this Detainee has charges against him that are directly connected to crimes against US persons, albeit overseas…not a small matter by any means, that “crimes against Americans overseas” thingie.  Wouldn’t Nairobi or Dar es Salaam be the most appropriate venue?

U.S. authorities have brought the first Guantanamo Bay detainee to the United States, flying him into New York to face trial for bombing U.S. embassies, the Justice Department said Tuesday.

The department said Ahmed Ghailani arrived in the early morning hours Tuesday, to be held in U.S. law enforcement custody until his trial in federal court in lower Manhattan. Ghailani was expected to make his initial appearance in Manhattan federal court later Tuesday.

This is going to get curiouser and curiouser  before it ends.

I’d suspect that “security” concerns were the reason Ghailani was spirited into New York in the middle of the night.  But, then again, I’d also give credence to the Administration hoping that this would get done before it got out…despite the Administration’s convoluted reasoning that trials in federal courts are the only way to deal with the terrorists of Gitmo, I also have to give credence that they are once again winging it.

Gahilani is now officially in the US judicial system.

He is also a landed immigrant.

Does the Federal Court in New York City actually have jurisdiction?

Does Johnson v. Eisentrager apply?  If not, why not?  If so, why is Ghailani in New York City?

Will evidence gathered under other than Miranda conditions accepted and standing rules of evidence be allowed?

Can Ghailani demand legal confrontation, actually challenge “witnesses?”

Now that he is in the federal judicial system, can he be released pending trial?

What if he gets a a “dream team” of lawyers?

What if they pull off an epic OJ?

What if a jury finds Ghailani not guilty?

On a technicality?

Can a fair and unbiased jury be found?

What impact will Sheppard v. Maxwell have on Ghailani’s ability to seek that fair and unbiased jury, or find a venue free of prejudice?

Let’s see how this one works out.   As someone once said…I got a bad feeling about this one.

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