Court Hears Appeal In Bush Murder Plot

Lawyer: American Convicted Of Plotting To Assassinate President Was Denied Constitutional Rights

(AP)  An American Muslim convicted of joining al Qaeda and plotting to assassinate President Bush was denied his constitutional right to confront his accusers, his lawyer told a federal appeals court Thursday.

The government also failed to produce evidence to support a confession given by Ahmed Omar Abu Ali after he was tortured by Saudi security officers, attorney Joshua Draytel told the 4th U.S. Circuit Court of Appeals.

Assistant U.S. Attorney David H. Laufman countered that Abu Ali's trial in November 2005 was fair and that there was no doubt about the validity of his written and videotaped confessions.

"The sheer detail of these confessions is astonishing," Laufman told a three-judge panel, which later conducted a closed session focusing on classified information.

The court likely will issue its ruling in several weeks.

Abu Ali, a U.S. citizen born to a Jordanian father and raised in Falls Church, Va., is serving 30 years for conspiracy to assassinate the president, conspiracy to hijack aircraft and providing support to al Qaeda.

Prosecutors said Abu Ali traveled to Saudi Arabia and joined al Qaeda out of hatred for the United States. The Saudis arrested Abu Ali in June 2003 as he was taking final exams at the Islamic University of Medina.

Abu Ali gave the Saudis a statement in which he said that he joined al Qaeda and discussed with some senior members Bush's assassination and other terror plots. The jury in Abu Ali's trial saw his videotaped confession.

Draytel argued that his client's Sixth Amendment right to confront his accusers "took a ferocious beating" because the Saudis testified from Riyadh while Abu Ali was in a courtroom in Alexandria, Va. He said Abu Ali should have been taken to Saudi Arabia since the Saudi government would not allow its agents to come to the U.S.

Laufman said, however, that security concerns precluded taking Abu Ali to Saudi Arabia. He also said the Sixth Amendment "does not guarantee a defendant a face-to-face encounter" with his accuser.

Judge J. Harvie Wilkinson III pressed Draytel on the torture issue, asking how he could argue such coercion when the videotape "showed the defendant rocking back and forth and smiling."

Draytel referred the court to his written briefs, saying he wanted to spend his limited oral argument time on the Sixth Amendment issue and his claim that there was insufficient evidence to corroborate the confession. He said such evidence is required "to give the trier of fact a comfort level that the statements of the defendant are reliable."

Wilkinson seemed skeptical. He told Draytel that only "bare bones" confessions are typically suppressed because of a lack of corroborating evidence.

"These are among the most detailed confessions I've seen," the judge said.

On another issue, Judge Diana Gribbon Motz questioned whether the oath taken by Saudi witnesses could be relied upon since U.S. authorities had no way to prosecute them for perjury.

"I'm not sure I've ever seen a witness take an oath more seriously than these Saudi security officers did," Laufman said.

On cross-appeal, the government is challenging Abu Ali's 30-year sentence as too lenient. He faced a maximum of life in prison, but U.S. District Judge Gerald Bruce Lee said 30 years was sufficient considering the 20-year term given to John Walker Lindh, who was captured on the battlefield in Afghanistan in November 2001 during the U.S.-led effort to topple the Taliban.

Wilkinson and Motz were joined on the panel by Judge Robert Traxler.

[randalds]

The confession was tortured out of him. That's illegal to submit as evidence. His rights were violated and he deserves a new trial. Simple as that. This is basic law 101 and I don't understand how anyone could possibly object to it.

[killtheliars]

I say give the guy a medal. Al Queda is an enemy but so is Bush, I say let him out to try again.

[infidel_us]

"Abu Ali gave the Saudis a statement in which he said that he joined al Qaeda and discussed with some senior members Bush's assassination and other terror plots. The jury in Abu Ali's trial saw his videotaped confession"

zoltaric, can you not read or are you just an imbicile? If there's any justice in this world, you and your kind will be the first to go in the next attack on us.

[infidel_us]

This is why people HATE lawyers.

[zoltaric]

Nazi Bush pissing on the constitution again. Well, so much for the bill of rights. I hope I am never accused of a crime. I guess being accused in this country now is the same as being guilty. Very scary times. People need to stand up to this tyranny.

[glb1969]

Another example of how the Bush administration actively works to subvert the legal process and goes out of it's way to deny human rights and constitutionally guaranteed protections. Soon we shall get rid of the nation embarassment in the white house and denounce him as the worst failure in the history of the US. Let's face it, Bush is a lying coward who should be punished with nothing less than life in prison or worse.

[jasonking4]

Undermyboot: You should work for Disney, they don't like their employee having facial hair.

Something tells me you'll be right at home in Fantasia land.

Good day old chap.

[brianbwb-2009]

to producer123

You post, "What is overstated about 2 planes crashing into the World Trade Center and thousands of lives lost on 1 day? Maybe you forgot. Get a life.

You neocon sycophants keep referring to 9/11 to justify Bushit, conveniently forgetting that the perps, according to Bushit's own agitprop, were all Saudi Arabians, and we don't see Queen Georgia touching Saudi Arabia, (except maybe erotically) because they are his and his fathers' business partners.

We do have a life, based on reality, try it if you can, you might learn something...

[gunnerv1]

Get all of the a*s bags out of my country! I don't care if they are from Canada, Mexaco, The EU or the Middle East, get'em the F*ck out of my America, You don't belong here, go home and force your own Gov't. to take care of you.

UnderMyBoot wrote:

"F__CK him. He looks like a terrorist. If the government or Bush says he did it then slit the f---kers throat and thro him in the ditch. A trial is a waste of my money."

And what do you look like?

I'm guessing a cross between a monkey and a horses a$$.

Does that mean we should put you in a zoo?

[mdc76082]

"F__CK him. He looks like a terrorist. If the government or Bush says he did it then slit the f---kers throat and thro him in the ditch. A trial is a waste of my money."
Posted by UnderMyBoot at 07:55 PM : Jun 21, 2007
-----------------

UnderMyBoot not UnderMyBoat, or UnderMyWear, dang what the hel_l I thinking? Still, I think it sounds like Ann Coulter posting here. Aw, who gives a crapola.

[mdc76082]

Psst! Psst! I think UnderMyBoat is aka Ann Coulter.

[robertr121]

He should be tried and convicted for failing his mission.
Posted by pared1 at 04:46 PM : Jun 21, 2007

LOL!!!

[cfin5]

Aside from the written and videotaped confessions, the "rocking back and forth and smiling" part sure does it for me. Doing life in Tent City, Arizona ought to wipe that smile off of his face..... I prefer the "cheaper than that" route.

[prinzowhales]

The Bush-olators are one trick ponies. Everything leads back to al Qaeda...but, when we examine their case, in almost every case, there is an element of falsehood, exageration and sheer fantasy that makes up the bulk of the case.

The most famous 'American al Qaeda' whose video threats a few weeks ago, tightened the sphincters of credulous Americans everywhere turns out to be the grandson of a prominent Jewish dentist.

Remember the Miami boys? The rather pathetic young men who lived in an abandonned warehouse and earned $50,000 of our tax dollars to call themselves al Qaeda from our agent provacateur and were then busted for an alleged plot to blow up the Sears Tower? It seems that one of them had been to Chicago...that was about the extent of the evidence...they were Christians...or approximated Christians...

The assassination attempt against Queen George's father was invented in the same region of the world...Now we have this fellow, who the Saudis tortured a confession out of...a confession that the DA pleads is to detailed to be forced...

I think the Purge Trials in the USSR, showed for all the world to see just what people will say when exposed to threats and torture. The Washington Regime wants the courts to legitimize the criminal conduct of its 'partners' abroad and contractors at home and abroad.

[producer123]

In response to ibsteve2u:
You say, "that just goes to show you that the Administration has greatly overstated the threat al Qaeda poses."

What is overstated about 2 planes crashing into the World Trade Center and thousands of lives lost on 1 day? Maybe you forgot. Get a life.

[barbaraf4]

Posted by panhandlpete at 06:07 PM : Jun 21, 2007

Well said!

[undermyboot]

F__CK him. He looks like a terrorist. If the government or Bush says he did it then slit the f---kers throat and thro him in the ditch. A trial is a waste of my money.

[missingamerica]

"convicted of joining al Qaeda and plotting to assassinate President Bush" - that just goes to show you that the Administration has greatly overstated the threat al Qaeda poses. If you look at this Administration's track record, you might conclude that Bush is - unintentionally, perhaps - al Qaeda's biggest recruiter. For instance, how many new recruits has al Qaeda gotten because of Iraq?

[panhandlpete]

You best do some homework on the North American Union and the One World Order being pushed quietly by this Administration. This immigration bill being forced down our throats is only to grant slave labor to corporations and also force all citizens to end up needing a NATIONAL ID CARD (within 4 years).

The swirl is getting stronger as our country goes down the toilet!!!!!

Mr Gates tells us that "our soldiers are in the middle of a battle", and the casualities are going to be higher. Not his son, not his daughter.....so does that mean their deaths are pawns on a chessboard.