Ghailani Wants Judge to Dismiss Conviction on Single Count in Bombings

Lawyers for Ahmed Khalfan Ghailani, the former Guantánamo detainee who was acquitted of more than 280 counts of murder and conspiracy last month in a terrorism trial in Manhattan, asked the trial judge to dismiss the sole count on which he was convicted. The lawyers argued that because Mr. Ghailani was acquitted of so many charges stemming from the bombings in 1998 of two United States Embassies in East Africa, there was insufficient evidence to support his conviction, for a single count of conspiracy to destroy government buildings and property.

The lawyers cited what they called “the irreconcilability between the sole count of conviction and Ghailani’s acquittal on all other counts of the indictment, which, without dispute, all arose out of the exact same conduct and evidence.” The only way such a conviction could stand, they argued, would be if Mr. Ghailani had conspired to destroy government buildings other than the two embassies. “However, there simply was no proof — nor even argument — linking Ghailani to conduct exclusive of the embassy bombings,” the lawyers said in a motion filed in United States District Court.

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