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March 22, 2010

Lawfare: Terrorist Who Helped Plan 9/11 Attacks Ordered Released

John Adams wept.

A suspected al Qaeda organizer once called "the highest value detainee" at Guantánamo Bay was ordered released by a federal judge in an order issued Monday.

Mohamedou Ould Slahi was accused in the 9/11 Commission report of helping recruit Mohammed Atta and other members of the al Qaeda cell in Hamburg, Germany, that took part in the Sept. 11, 2001, terrorist attacks.

Military prosecutors suspected Mr. Slahi of links to other al Qaeda operations, and considered seeking the death penalty against him while preparing possible charges in 2003 and 2004.

U.S. District Judge James Robertson granted Mr. Slahi's petition for habeas corpus, effectively finding the government lacked legal grounds to hold him. The order was classified, although the court said it planned to release a redacted public version in the coming weeks.

Mr. Robertson held four days of closed hearings in the Slahi case last year. Mr. Slahi testified via secure video link from Guantánamo Bay, said his attorney.

"They were considering giving him the death penalty. Now they don't even have enough evidence to pass the test for habeas," said the attorney, Nancy Hollander, of Albuquerque, N.M.

Why don't they have evidence against him? Because they used some harsh techniques to get him talk. See they weren't trying to build a criminal case against him, they were trying to get information about future attacks.

This is the choice the lawfare model forces us to make...prevent attacks or build criminal cases. Doing both is almost impossible.

Remember when Obama, Holder and Gibbs assured us that there was no possibility that KSM wouldn't be convicted? How's that promise looking right about now?

Via Keep America Safe


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posted by DrewM. at 04:58 PM

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