The first administration attempt to try a Gitmo detainee in civilian court isn’t going well.
[Update a few minutes later]
More here:
Ghailani’s trial was supposed to start Monday. It has been postponed until today to allow the court to resolve the witness issue. If Abebe’s testimony is disallowed, the government will almost certainly appeal, potentially delaying the trial for weeks, if not longer.
Playing with fire like this is no way to prove a point. Maybe the Justice Department will convince the courts to permit the testimony of their crucial witness. Maybe the very talented prosecutors in Manhattan will even figure out a way to convict Ghailani without Abebe’s testimony. But we are intentionally tying our hands behind our backs and running an unnecessarily high risk of acquittal in a case involving a war criminal.
Is there room under the bus for Eric Holder? It’s long past time.