The New York Times editors scold those politicians who are alarmed by the verdict in the civilian trial of Ahmed Khalfan Ghailani. “They are disappointed that the defendant was only convicted of one count of conspiring to blow up American Embassies in Kenya and Tanzania in 1998 — a crime for which he will probably serve a life sentence,” they write. “That clearly wasn’t enough for Representative Peter King, a Long Island Republican who will be the next chairman of the House Homeland Security Committee.” They close their editorial with the following: “The federal courts have proved their ability to hold fair trials and punish the guilty. That is what we call getting the job done.”
The time to be served is not the issue. The fact is that a universe of critical and hard-earned evidence was thrown out due to the incompatibility of the war on terror and our civil court system. The Times omits the glaring, screaming, phosphorescent reality that Ghailani was found not guilty of 284 out of 285 charges against him. This case establishes a precedent that will have us crossing our fingers in hopes that .35 percent of the charges against a given suspect will be viable enough to allow for civil prosecution. The courts got .35 percent of the “job done.”
The Times editors understand this, of course. They are playing a shell game with the salient facts to put a respectable face on their frenzied denunciations of war tribunals for terrorists. In this case, pretending that justice was served strikes me as being more abject than actually believing it.