Update February 19th: Writers at NRO blast Holder for botching this case, here.
The case against a middle-aged English-speaking “pirate” ended and now the question becomes, can Ali Mohamed Ali get asylum in the US thus setting up the problematic scenario that the Guantanamo Bay prisoners have also posed for out legal system. Try them in the US and if they aren’t convicted, then what?
We already know our asylum system is a mess—70% or more are frauds and cheats.
But there is more, did the Obama Justice Department screw-up?
From Politico (hat tip: Judy):
The failed prosecution of an alleged Somali pirate — and the fact that that failure could leave him living freely, and permanently, inside U.S. borders — is highlighting anew the risks of trying terror suspects in American courts.
Just a few weeks ago, Ali Mohamed Ali was facing the possibility of a mandatory life sentence in a 2008 shipjacking off the coast of Yemen — an incident much like the one dramatized in the film “Captain Phillips.” Now, the Somali native is in immigration detention in Virginia and seeking permanent asylum in the United States.
Ali, who was accused of piracy for acting as a translator and negotiator for a crew of pirates, was partially acquitted by a jury in November after a trial in Washington. Prosecutors initially vowed a retrial but decided last month to drop the rest of the case against him.
That’s just the kind of situation that opponents of U.S. criminal trials for Al Qaeda suspects caught abroad have long feared: The government falls short at trial — and the courts eventually order an accused terror figure freed to live legally among Americans.
“It’s a trial, not a play. You don’t know how it’s going to end,” said Cully Stimson, a former military prosecutor and defense official now at The Heritage Foundation. “Justice has all sorts of twists and turns. … It really has to be thought through at the highest level of government before we take action to bring someone here.”
One current federal terrorism prosecutor said the Ali case and the potential for his eventual release is another reason why foreign Al Qaeda suspects picked up overseas should not be brought to the United States but should instead be detained at Guantánamo or some other facility.
“It’s a significant risk … to say, ‘Oh well, we’ll just turn him over to the immigration service’” if a criminal case falls apart, said the prosecutor, who asked not to be named because he was not authorized to speak publicly. “You can’t count on the justice system working out just the way you want it to.”
Even some proponents of closing Guantánamo and relying on American civilian courts to prosecute alleged terrorists agree that the collapse of the Ali case highlights the potential downside of bringing suspected terrorists to the United States for trial.
Read the next section about other cases and the pitfalls. Then back to Ali’s case near the end of the article. This was a dumb move by someone in the Obama Justice Department! Ali had a good claim that he was a hostage negotiator, an official in Somalia, and seems to have been an unlikely pirate! No, not getting soft on Somalis! Just something stinks about this whole government case!
The Ali case went off the rails for the government in the face of his claims that he was solely trying to resolve the hijacking of the M/V CEC Future — an event in which 13 crew members were held hostage for 71 days. While prosecutors contended Ali was “every bit as responsible” as those who carried weapons, the middle-aged English speaker, who had spent more than two decades in the United States, may not have seemed like an eye-patch-wearing or AK-47-toting type. [What he was doing in the US for 20 years (refugee?) and not becoming a citizen is a question I would like answered.---ed]
By the time of his arrest in 2011, Ali was serving as education minister for an autonomous area in Somalia. Officials lured him back to the United States by inviting him to attend an education conference. He was arrested when he landed at Dulles International Airport.
My guess is that he will be granted asylum.