WAR COURT

Federal court cancels al-Qaida filmmaker’s Guantánamo conviction

 

crosenberg@miamiherald.com

A federal court in Washington, D.C., on Friday canceled the war crimes conviction of an al Qaida video-maker, Guantánamo’s lone convict serving a life sentence.

Now the Obama administration must decide whether to try to save Ali Hamza al Bahlul’s conspiracy conviction at the U.S. Supreme Court, or whether to put him on military trial at Guantánamo again.

The single-page order by a three-judge panel at the U.S. Appeals Court for the District of Columbia Circuit, which “hereby vacated” Bahlul’s military commissions conviction, means government lawyers get at least 90 days to file an appeal.

At issue is whether “conspiracy” — the crime which Bahlul was convicted of by a 2007 military tribunal — was a valid war crime in his case. It a federal crime, but not a violation of the international crimes of war.

Congress legislated “conspiracy” and “providing material support to terror” as war crimes in 2006. But the appeals court in October ruled that a prisoner could not be convicted of “material support,” unless his alleged crime took place after 2006. By that same theory, conspiracy was disqualified, too.

Bahlul, 44, was captured in late 2001 for alleged crimes that took place before then — notably working as Osama bin Laden’s media secretary and sometime bodyguard. Pentagon prosecutors called him a propagandist for al Qaida, and trusted member of the al Qaida founder’s inner circle.

Bahlul mounted no defense at his trial. He admitted to creating an at-times cartoonish laptop computer recruiting video for the terror group. It glorified the October 2000 attack on the USS Cole warship off Yemen in which 17 U.S. sailors died.

Bahlul, a Yemeni, is currently confined to a maximum-security lockup at Guantánamo, a special convicts corridor created to segregate war criminals from the other ordinary detainees. There are three convicts among the 166 captives and it was unclear Friday whether or when Bahlul would be returned to the general, detainee population.

“We’re aware of the court’s order and are in consultation with the U.S. Department of Justice,” said Army Lt. Col. Todd Breasseale, a Pentagon spokesman.

Read more Guantánamo stories from the Miami Herald

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Marketplace

Today's Circulars

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category