http://www.nationalreview.com/node/374273/print
A federal jury in Manhattan has convicted Sulaiman Abu Ghaith, Osama bin Laden’s confidant, spokesman and son-in-law, of a terrorist conspiracy to kill Americans and providing material support to al Qaeda. It did not take long: the jury’s announced its verdict during the second day of deliberations in the three-week trial.
Some quick observations:
This case was very strong, made all the stronger by the risky defense strategy. Under federal law, once a conspiracy is proved to exist, very little evidence is required to link a conspirator to it—basically, the prosecutor just needs to show that the defendant knew about the conspiracy’s objectives and joined in them as something he wanted to achieve. Abu Ghaith conceded the existence of the al Qaeda conspiracy, admitted he knew that killing Americans was one of its objectives, and intentionally performed acts—including putting out menacing statements from bin Laden after 9/11—that were helpful to the conspiracy. The hair he tried to split was that his motive was to speak out on behalf of Muslims globally rather than al Qaeda specifically. Aside from being untrue, that’s not a defense: From a strictly legal standpoint, there’s nothing inconsistent in being subjectively motivated to help Muslims worldwide and joining al Qaeda’s jihad against the West.
Abu Ghaith attempted the same defense that the Blind Sheikh tried when I prosecuted him back in the Nineties: namely, that the jury should understand that his threats and incitements in al Qaeda’s cause not as co-conspirator statements but as the preachments of a theologian performing the traditional role of an imam. Sadly, there is nothing inconsistent in these two things, either: There are commands to brutality in Islamic scripture, and if one resorts to them in the course of inciting jihadist violence, one is furthering a terrorist conspiracy even if one also happens to be an imam. Moreover, even if there were anything to the “theology” claim, several of Abu Ghaith’s assertions (e.g., announcing three weeks after 9/11 that “the storm of airplanes will not abate”) were black-and-white extortionate threats and difficult to rationalize as “theology.”