Obama's GITMO Circus: Muslim Terrorist Asks for Dismissal Based on "Constitutional Rights"

Only a man who hated America would put us through this. Really, why is he doing this? I have asked this for many times over the last year and the last month, and others have joined the chorus: whose side is he on?

This nazi was denied his constitutional rights. This is Obama's secret glee. Despicable. If you were a patriot, if you loved America, you would never institute traitorous policy.

Terrorism Suspect Asks Judge to Dismiss Case NY Times

Ahmed Khalfan Ghailani contends that he was denied his constitutional right to a speedy trial.

Lawyers for a terrorism suspect once held at Guantánamo Bay who is now facing prosecution in Manhattan asked a judge on Tuesday to dismiss his case on the ground that his nearly five years in detention denied him his constitutional right to a speedy trial.

The terrorism suspect, Ahmed Khalfan Ghailani, was captured in Pakistan in 2004, held for two years in secret prisons run by the C.I.A., and then moved in 2006 to the naval base at Guantánamo Bay, Cuba. During his detention, he says, he was subjected to cruel interrogation techniques and denied a lawyer.

Although Mr. Ghailani faces charges stemming from a terrorist act that predated the Sept. 11 attacks, his speedy trial motion could foreshadow issues that could arise in the prosecution of Khalid Shaikh Mohammed, the professed organizer of the 9/11 plot, and four other Guantánamo detainees who were recently ordered sent to New York for trial.

“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 motion that was heavily censored because of its reliance on classified information.

The motion was originally filed several weeks ago with Judge Lewis A. Kaplan, but it was kept almost entirely under seal pending a review by the government. The new version, with many pages blacked out, was made public on Tuesday.

“This motion asks one primary question,” the lawyers, Peter E. Quijano, Michael K. Bachrach and Gregory Cooper, wrote. “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.’ ”

Mr. Ghailani, a Tanzanian who is believed to be in his mid-30s, has pleaded not guilty. He has been charged with conspiring to help carry out Al Qaeda’s 1998 bombings of the American Embassies in Kenya and Tanzania, attacks that killed 224 people. The military has also said that he later served as a cook and a bodyguard for Osama bin Laden.

A spokeswoman for the United States attorney’s office in Manhattan had no comment on the filing.

OT but related: Muslim Spy Scandal at GITMO: (NY Post)

Remarkably, the Pentagon never cleaned up the "mole infestation" at its highest-security facility after the FBI busted a Muslim spy ring at Gitmo in 2003.

The 2003 probe involved at least two Arabic interpreters with high-level security clearance. Senior Airman Ahmad al-Halabi, a Syrian native, and former Army linguist Ahmed Mehalba, an Egyptian native, were later convicted of stealing or mishandling classified documents.
Six years later comes a new problem with Muslim personnel who have virtually unfettered access to detainees and intelligence at Gitmo. Professional military security and intelligence officials at Gitmo did the preliminary probe, then prepared a classified summary and are now briefing top officials and members of Congress in Washington. An active FBI criminal probe is also under way.
The possible new spy ring involves several Arabic linguists, some also Egyptian and Syrian immigrants. They're suspected of, among other things:
* Omitting valuable intelligence from their translations of interrogations.
* Slipping notes to detainees inside copies of the Koran.
* Coaching detainees to make allegations of abuse against interrogators.
* Meeting with suspects on the terror watchlist while back in the United States.
Officials say some of the suspected "dirty" linguists -- who met privately in a locked mosque at Gitmo -- have had access to 9/11 mastermind Khalid Sheik Mohammed and other high-value al Qaeda detainees.
"Three years of investigations have revealed the presence of pro-jihad/anti-Western activities among the civilian-contractor and military-linguist population serving Joint Task Force Guantanamo," states a copy of a classified Gitmo briefing, prepared in May for the FBI, CIA and Congress' intelligence committees.
The report explains that dirty Arabic linguists have gathered classified data involving detainees, interrogations and security operations in an effort to "disrupt" Gitmo operations and US "intelligence-collection capabilities."
It goes on to specifically finger the Muslim Brotherhood, a terrorist organization. The US operations and front groups of the Egypt-based brotherhood are the subject of my recently released book, "Muslim Mafia," which first revealed the contents of the secret Gitmo report.
"These actions are deliberate, carefully planned, global, and to the benefit of the detainees and multiple terrorist organizations, to include al Qaeda and Muslim Brotherhood," the briefing states.
How did this happen at the highest security facility in the world? In the wake of the Abu Ghraib scandal, US officials went from waterboarding terrorists to handing them prayer rugs and Korans, while calling them to prayer five times a day. Pentagon political correctness dictated turning a blind eye to any questions of loyalty among Muslim linguists and chaplains.
Compromised interrogations could affect releases and trials -- and the problems go much further.
At least one in seven former Gitmo detainees has returned to terrorism or militant activity. Some recidivists had met with the suspect Muslim translators. Others were privately counseled by Muslim chaplains and lay leaders also under investigation for security breaches.
If they fed intelligence to these repatriated detainees, then al Qaeda and the Taliban may know what we know about them and adjust accordingly.
Prisoners released from Gitmo are allowed to keep their Korans -- and it's camp policy not to search the holy books. Non-Muslim personnel can't even touch them. There's no telling what military secrets have been compromised.

Also in question is just how far the enemy has penetrated our critical foreign-language program -- not just at Gitmo, but across the entire national security and intelligence complex. Many Arabic linguists are contractors who rotate in and out of the federal security agencies leading the War on Terror.

But of course, Jewish translators (ties to Israel!) are banned. Got that?

Comments

[TheBoBo]

Unfortunately, because that idiot Obama insists on these guys being tried in our court system - this is a legitimate request and this scumbag has a legitimate case. It won't be long before the rest of them file. If this fails - then they'll argue they were denied their 4th and 5th amendment rights and weren't mirandized. Just freakin' brilliant there Obamessiah.

[MLMOON]

Actually, TheBoBo, this is a brilliant move by king thuggy, at least when you understand that his goal has nothing to do with resolving the detainees situation or protecting American interests. Here's what will happen. All of the defendants including KSM are going to get off on technical grounds. Maybe it will be something about Miranda rights or right to speedy trial. Maybe it will be a judge trying to send a message to the federal government / security agencies about "torture" (and watch for that card to be played relentlessly) or general "injustice". Anyway, every one that gets off will immediately be used as another example of how BUSH messed things up. King thuggy will be able to keep the left base whipped up and focused on their virulent Bush Derangement Syndrome while he stealthily forces health insurance and health care nationalization, cap and tax, and other obamanations down our throats.

Ironically, dear leader has already given the defense lawyers a perfect excuse for a mistrial, based on his comments that the detainees will be found guilty. It will be interesting if king thuggy can lean on the defense lawyers enough -- or offer a sweet enough deal -- to keep that out of the defense motions.

[Boshemia]

We could just throw out the constitution entirely because after all, this guy is just a terrorist. We don't know if he is guilty, but we think he is so there is no need for things like being innocent until we are proven guilty. Things like habeas corpus no longer matter when we are dealing with subjects of national security.

The right to a speedy trial, the right to an attorney, the right to be advised of the charges against you, all of these things should be suspended in the cases of terrorists... because well they are terrorists. They have been already, some of them for many years...

The constitution sadly applies to both citizens and non-citizens alike, and yes even to illegal immigrants. Non-citizens may not vote, may not run for political office, and in most cases are not eligible for federal jobs. Aside from a few special rights, the constitution was written BY immigrants and intended to protect future immigrants, so it applies to anyone who faces trial in the US, because we are supposed to be the country that is an example human rights.

So how on earth did we become just another country who wants rights granted only to those we approve of?

Before someone insists that someone should not be granted their constitutional rights they should be prepared to give up their own. But I'M not a TERRORIST you may gasp, but until there has been a trial we don't know if any of these people are guilty either.

The US Government defines terrorism as: The calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological.

It isn't too far of a jump to begin going after internet bloggers who openly voice their distaste for government officials and the court system, especially when those bloggers encourage revolution or acts of dissent against our government.

When we are willing to strip others of their rights by law, we are also willing to give up our own...

You might not like it that the constitution applies to suspected terrorists, but that constitution is the reason you are free to voice your opinions without fear of being arrested, not advised of the charges against you, detained with no recourse, denied the right to an attorney, and held indefinitely like many of these detainees have been.

I am very sad for this country and its people...

[Richard]

This sends a very clear message. Terrorist should be shot in the battlefield, where ever that may be. Let's see Obama undo dead.

Can the left really use this to try to squeeze more mileage out of Bush Derangement Syndrome? We'll see, I guess.

[MLMOON]

Boshemia, KSM and the other defendents PLEADED GUILTY in the military tribunal already. They've already stated that they WANT to be executed -- apparently they think that allah-pimp already has their virgins lined up. As far as "speedy trial" their trials (and probably executions) would already be fait accompli if it wasn't for the delaying tactics that Holder and other lawyers utilized to try to derail the tribunals.

Do you think the Nuremburg trials were unjust? They were military tribunals. Even spies in this country were charged and tried in tribunals during WWII, outside of constitutional protocols. Of course, earlier generations tended to see things without much nuance, especially in times of war. And I for one don't see the wisdom of allowing a determined enemy to use our strength -- our respect for individual rights -- against us.

Extremism IN DEFENSE of liberty is not a vice.

[Jonah]

First of all I would like to congratulate Boshemia for his/her dramatic and heroic stand in the face of his own computer screen, in the safety and privacy of his own home. America salutes you.

However you really should learn a little bit about US history before admonish us all with your child-like interpretation of the Constitution. Something about the suspension of habeas corpus...?
I could be wrong, but I'll bet you've never read any of the constitution directly. Schoolhouse Rock, maybe.

In my opinion, terrorists should be held only for their intelligence value. There is no reason to hold them beyond their usefulness. So let's send them on their way to paradise, not because justice, but because we need to win this war.

This means take no prisoners, which I believe does not violate the US Constitution and any recognized laws of warfare.

We absolutely have no responsibility for just treatment of terrorists. For example, if we sent this Ghailani shit back to Tanzania in a timely fashion, the Tanzanians (our closet allies in East Africa) would have probably killed him immediately. Now are we going to complain that it was unconstitutional to return a terrorist to his home country knowing he would be killed? I personally don't care what happens to this piece of shit as long as he cannot ever harm anyone again.

Pursuing a distorted ideal of justice is only enabling the legal jihad and the true terrorists in the field. PEOPLE WILL DIE as a result of these actions. If anyone really believes that justice will prevail, or our allies will be so proud of us, you need to rethink.

[Jonah]

The point is our enemies and their American traitor friends are trying over burden our legal system to the point that it collapses. This has been a goal of the new-left and fellow travelers for years.

However in this case they are using our Justice system against all of society. It is purely an act of destruction. The people who work at the ACLU, National Lawyers Guild and the like are similar, in world view, to teenage children throwing rocks and spray painting circle-A's. They are similar to the white college kids who create fake racial incidents to call attention to all the racism on campus. But the grown up children's vandalism causes far more destruction.

Why would people, who may think of themselves as "revolutionaries", while at the same time maximizing their own hedonism, want to get into bed (often literally) with members of an ideology that would love to behead(always literally) them?

Could it be that they just don't give a sh!t about ideology are long as it's destructive?
Maybe they don't care that other people are dying. Maybe any American victory is a defeat for the American left.
(As a former lefty, I think I know the answer here.)

[TheBoBo]

Boshemia - nice try - but - precedence was already set in the 1942 case Ex Parte Quirin. The SCOTUS determined that the federal government has no jurisdiction over POW's during the time of war and that military tribunals have full authority. If that one doesn't work for you, look up the 1866 Ex Parte Milligan case - again - non-citizen military combatants do not have constitutional access to our federal court system. Their only course of action is through military tribunals.

These terrorists are in essence, POW's and therefore they do not have constitutional access to our court system.

Unfortunately, I believe MLMoon is right. This is not about bringing justice about on these scumbags - it is about prosecuting the Bush administration.

[jj]

pamela:

re: the trouble w/ muslim spy rings at gitmo, and unreliable translators, muslim employees

anyone surprised that their allegiance is to islam, and not to the service of their mere employers? no trouble for a muslim to cipher that one out.

jonah & boshemia:

during wwii german/nazi spies were captured, for the most part coming ashore from submarines off the atlantic seaboard. they were tried in military tribunals. there was no nonsense about civilian trial in civilian criminal courts.

such persons should be held in military courts. when their usefulness from an intelligence stand point is done, if found to be guilty of heinous acts, they should be subject to summary field execution without notice or appeal. if found to be "mere foot soldiers," then they should be detained until the cessation of hostilities before being released and returned to where they were captured, a suit of clothes and $10.00 in hand.

simple as that.

john jay
milton freewater, oregon usa

p.s. and, someone should be keeping track of these crimes against the country as committed by obama and his little coterie of socialist radicals & commies. he is such a fan of ultimate justice, he shouldn't have much complaint when it is served on him.

[Cate]

Here, here JJ. hussein is a terrorist in his own right. He is committing Jihad against the American people, and he should be dealt the same hand as the rest of his terrorist buddies. He is a rogue official in a rogue government, and he should be treated as such. I long for the day that scumbag is booted out of the WH, with much gusto and fanfare, and is dragged into prison, where I believe he belongs.

It was an interesting evening. I attended a movie premiere this evening. The comedian who talked before the movie started, tried to do some bits about Obama, and noted how much he has on his plate. No one was laughing. In fact, you could almost hear crickets in the theater, and it was packed. The crowd was a cross-section of all ages. It's completely obvious that hussein is not well-liked any longer. His day is coming when all Americans say they've had enough of the guy, and it may be before the next election.

[Mongol]

Anything that will chip away at the Constitution will also work to advance the obama agenda to destroy America.

I agree with Richard: "Terrorist should be shot in the battlefield, where ever that may be."

Time to quit wasting time and money on these insane "constitutional" rights-for-terrorists circuses.
The sons of bitches already admitted guilt, how about we let them meet alah now?

[Jokerman]

I love Atlas readers! It's like coming home to sanity.

Bohemia, while I appreciate your guts in presenting an unpopular take on this, islam declared war on us back when Thomas Jefferson dealt with the Barbary Pirates. They more recently re-declared war again in the Carter mis-administration.

Enemy combatants are not tried except in military courts under military law. All else is just foolish talk. Wake up to the fact that we are under a covert siege by an organized enemy who wants us destroyed.

That's not some street gang we're talking about here!

The only other thing I'd add is that O is following Alinsky to a "t". Divide and conquer. Strap the legal system. Strap the financial system. Whip the people up against one another. It's all in Alinsky's writings.

Obama sends a dangerous message to future terrorists that they'll get a better legal deal by attacking civilians rather than military targets, as in the US Cole incident.

So, as JJ always says: time to take to the streets with pitchforks! Who's ready?

[Sarastro]

Constitutional rights are only meant for, and are only valid for, American citizens. The constitution was not weitten for other countries, although many have copied it, for example Honduras. Obama bin Laden said the concept of "Human Rights" is not Islamic. Therefore, Human Rights are not valid for Moslems, who have forfeited this right by unfortunately being born into a tyrannical system that denies them. Moslems, and especially Moslem terrorists, must be tried under their own laws. What does Sharia prescribe for them?
What would, say Egypt or Saudi Arabia, do with psychopaths that tried to blow up their buildings and kill their citizens --- probably beheading would be considered too mild. Let these confessed criminals be tried according to their own laws, not our civilized laws.

[Davod]

The larger issue here is how to train up linguists or intel people without the bad guys knowing who the are.

Early on in the debate about the lack of linguists (And for that matter, people with a good grounding in the areas involved), the teaching faculties involved made it clear that they disagreed with government policy and would refuse to teach the military/intelligence people.

This has changed somewhat because I haveread that the Saudi run Islamic school in Fairfax, Viriginia, has been teaching Army personell.

So, to my point. If the teachers are hostile or paid by people like the Saudis, how do you achieve a cadre of experts without the ratbags knowing who they are. If they know who your experts are, the traitors working in Gitmo will find out who was put in to check on their work.

[Doda McCheesle]

My brother, fluent in street Arabic, having worked undercover with the IDF, came back to the USA (he is also a U.S. Navy veteran of the first Gulf War) and was ignored for the possibility of working in translation and intelligence, due to the fact that he was in the IDF (and of course a Jew). The FBI offered him $18K/year to do low-level document translation work, what they considered "non-vital/non-sensitive", as they would not give him security clearance.

He passed.

[Robert C]

I know that there are a lot of people that belive the constitution gives rights to everyone whether they are legal citizens of the United States or not.

It is my belief that the founding fathers didn't see it that way. Otherwise they would have not put in the constitution the fact you have to be a citizen of the US in order to become president.

Is it so hard for the left to understand this? I think it is, as a character of the show "Criminal Minds" said on an episode "They don't think like us." Now she was talking about the criminals in the show, and I am not saying the left are criminals, I am saying that they think differently that freedom loving Americans. It is a scary thought.

[AntiJihadist]

Muslim terrorist asks for his constitutional rights. Those same constitutional rights which it's perfectly OK to remove from 17 year-old apostates from Islam in foster care.