Terror Suspect Says He Was Denied A Speedy Trial

In a court case that might turn out closely foreshadowing the much-hyped trials of Khalid Shaikh Mohammed and four other suspected 9/11 plotters, terror suspect Ahmed Khalfan Ghailani has asked a Manhattan judge to dismiss his indictment because authorities denied him his constitutional right to a speedy trial.

The suspect — who is charged with conspiring in the 1998 bombings of the U.S. embassies in Kenya and Tanzania and is thought to have worked as a bodyguard and cook for Osama Bin Laden — claims that after being captured in Pakistan in 2004, he was subjected to cruel interrogation techniques "amounting to torture" and was denied a lawyer during his two years in secret CIA prisons before being moved to Guantanamo Bay in 2006. Insiders anticipate that lawyers representing the suspects in the 9/11 attacks might use the same strategy.

“We respectfully submit that this case presents possibly the most unique and egregious example of a speedy trial violation in American jurisprudence to date," Mr. Ghailani’s lawyers said in a document that, according to the Times, was heavily due to censored classified information. "This motion asks one primary question. Can national security trump an indicted defendant’s constitutional right to a speedy trial? We respectfully submit that the answer is emphatically and without qualification, 'No.'"

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Ben Muessig in News on December 2, 2009 4:36 PM

Comments [rss]

Petey

Saw this coming from a mile away.

Another outstanding job by the libs in our government.

ides_of_march

We'll make it up to you with a speedy execution.

Snoopy

I guess it's only fair to try them with a jury of their peers. If the judge throws the case out, just let them walk out the front door onto Foley Square at the same time there is a 2 for 1 sale at Dunkin Donuts and see what happens to them. Same goes for their lawyers and the judge.

longacre

Khalid Sheik Mohammed will definitely make the same argument. What will Obama say if KSM gets a sympathetic judge who says "Yep, you're right, you're free to go"?

Chillinoncentral

He IS a foreigner and a prisoner of war, isn't he? Since when do they have constitutional rights? We certainly have an obligation to honor their rights as human beings, but there is not supposed to be any obligation to provide them with rights under the Constitution of the United States of America. Or, has the law been changed recently to accomodate them somehow?

eastbwayanglo

the U.S. constitution makes no reference to citizenship with regards to the bill of rights

Chillinoncentral

Terrorists never had constitutional rights until the (liberal) US Supreme Court decided that terrorists must have these rights and handed them over while Mr Obama celebrated the decision and gave it a pass. Terrorists are performing as war criminals and should not have due process rights under the American Constitution. Mr Obama made this out to be a victory against the Bush administration. Many in our (liberal) government wanted to give the terrorists the same protections under the Constitution that you and I as American citizens enjoy. Now that they have been given constitutional rights, wow, I feel much safer... but does this mean that our soldiers would read the terrorist their Miranda rights on the battlefield? How exactly do you gather court admissible evidence during war? I guess all of this will be figured out by our trusted courts.

faprilano

we will get to you when we get to you.

Tien

It's always the cook!!

Sommelier

I'll never understand why the Bush Organized Crime Family was so terrified of actually prosecuting any of these people. Embarrassed that they might talk about how our CIA had been funding & training them under Poppy Bush & Reagan?

jpeditor

The military tribunals meant for these scum were stalled by the ACLU AND DEMS.

And now Holder and Øloser are about to see what the NYC KSM trial will look like - bbut you'll love seeing them go free, right?

"Embarrassed that they might talk about how our CIA had been funding & training them under Poppy Bush & Reagan?"

Old news. (and they had to play catch-up when Carter blew kisses to the sovs and khomeni.)

What are you serving, NightTrain?