By: Daily Record Staff//October 31, 2013
By: Daily Record Staff//October 31, 2013//
U.S. Court of Appeals for the Second Circuit
Terrorist Conspiracy — Detention — National Security Concerns
United States v. Ghailani
Judges Leval, Cabranes and Parker
Background: The defendant appealed from a conviction of conspiring to bomb the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. The Second Circuit was asked whether the Speedy Trial Clause of the Sixth Amendment prevented the United States from trying, on criminal charges, a defendant who was held abroad for several years by the Central Intelligence Agency and the Department of Defense while his indictment was pending. The defendant also argued that it was in error for the jury to receive a conscious avoidance instruction.
Ruling: The Second Circuit affirmed. The court found that there was no violation of the Sixth Amendment right to a speedy trial. The court rejected the defendant’s argument that the delay occasioned by national security concerns and preparations for trial before a military commission was so excessive as to bar the government from thereafter proceeding to trial. In addition, there was no error in providing the jury with the conscious avoidance instruction.
Peter Enrique Quijano of Quijano & Ennis for the defendant-appellant; Michael Farbiarz, assistant United States attorney, for the appellee