Ahmed Ghailani - Transfer To The USA

Transfer To The USA

On August 31, 2009, Corrections One, a trade journal for the prison industry, speculated that "Ahmed Khalfan Ghailani" was one of ten captives they speculated might be moved to a maximum security prison in Standish, Michigan.

Instead Ghailani was transferred to New York City to stand trial in a civilian court there.

Ghailani learned that being transferred from military to civilian jurisdiction meant that he could no longer be assisted by Colonel Jeffrey Colwell and Major Richard Reiter.

On February 10, 2010, United States district court Judge Lewis A. Kaplan ordered the Prosecution to review the record of Ghailani's detention in CIA's network of black sites. According to The New York Times any materials that showed the decisions “were for a purpose other than national security” had to be turned over to Ghailani's lawyers. It was reported that Kaplan was considering dismissing the charges on the grounds that due to Ghailani's long extrajudicial detention he had been denied the constitutional right to a speedy trial.

On April 23, 2010, a 52 page unclassified summary of Ghailani's 2007 Guantanamo interrogations was published in preparation for his trial. Benjamin Weiser, writing in The New York Times reported that the summary, published during Ahmed Khalfan Ghailani's civilian trial, revealed new details about Ghailani's life as an Osama bin Laden bodyguard. According to Weiser the interrogation summary asserted that during the year he was a bodyguard Ghailani met several other individuals who were among those who later became 9-11 hijackers. Following his work as a bodyguard the summary asserts Ghailani became a forger, where he became "very good with Photoshop".

Ghailani's trial commenced October 4, 2010, in the Daniel Patrick Moynihan Federal Court Building in lower Manhattan, in front of U.S. District Court Judge Lewis A. Kaplan. There were no protests or demonstrations during the trial, as observed by Human Rights First. On Wednesday, October 6, 2010, in a short ruling that the judge said he would expand upon later that day, it was determined that a key witness, the Tanzanian Hussein Abebe, who may have issued statements crucial to implicating Ghailani during the time he was under CIA custody, would not be testifying in the trial. Judge Kaplan agreed to delay the start of the trial until the following Tuesday, October 12, 2010, pending a possible appeal of that ruling. On October 11, 2010, the government announced it would not appeal Judge Kaplan's ruling. Steve Zissou, one of Ghailani's lawyers, commented that the government's decision not to appeal was "a significant victory for the Constitution." On November 17, 2010, Ghailani was convicted for conspiracy, but was acquitted of all other charges. On January 25, 2011, Ghailani was sentenced to life in prison.

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