Academic

Ghailani's life sentence

By Tung Yin

Embassy bombing conspirator Ahmed Ghailani got a life sentence today on his one count of conviction.  The judge rejected defense pleas for leniency, notwithstanding Ghailani's mistreatment during earlier U.S. captivity:

The judge said his sentencing decision shouldn't be taken as condoning any mistreatment Mr. Ghailani may have suffered. He said Mr. Ghailani may have remedies for any "any illegal and improper actions by our government." The judge said: "Today is about justice not only for Mr. Ghailani, but for the victims of his crimes."

I suppose Ghailani may be able to file some kind of Bivens claim and hope that the state secrets doctrine doesn't get the lawsuit kicked.  And then if he establishes that he was mistreated, he can hope that the jury will award him damages of more than $1.  But even then, he has this to contend with:

As part of the sentence, the judge also ordered Mr. Ghailani to pay $33 million in restitution.

I'm guessing that it's just going to be "even Steven" between the U.S. and Ghailani on the damages/restitution issue -- in the sense of neither side getting anything.

Full post as published by The Yin Blog on January 25, 2011 (boomark / email).