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Biden Fails a Death Penalty Abolitionist’s Most Important Test

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The mystery of Joe Biden’s views about capital punishment has finally been solved. His decision to grant clemency to 37 of the 40 people on federal death row shows the depth of his opposition to the death penalty. And his decision to leave three of America’s most notorious killers to be executed by a future administration shows the limits of his abolitionist commitment. The three men excluded from Biden’s mass clemency—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—would no doubt pose a severe test of anyone’s resolve to end the death penalty. Biden failed that test.
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Libyan Convicted of Terrorism in Benghazi Attacks but Acquitted of Murder

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Screenshot from "Benghazi" by Michael Bay (2016)
WASHINGTON — A former militia leader from Libya was convicted on Tuesday of terrorism charges arising from the 2012 attacks in Benghazi, Libya, that killed a United States ambassador and three other Americans. But he was acquitted of multiple counts of the most serious offense, murder.

The defendant, Ahmed Abu Khattala, 46, was the first person charged and prosecuted in the attacks, which took on broader significance as Republicans and conservative news outlets sought to use them to damage the presidential ambitions of Hillary Clinton, who was then the secretary of state. Yet the seven-week trial in federal court in Washington received relatively little attention from such quarters.

Mr. Khattala was convicted on four counts — including providing material support for terrorism, conspiracy to do so, destroying property and placing lives in jeopardy at the mission, and carrying a semiautomatic firearm during a crime of violence — but acquitted on 14 others. He faces life in prison.

The mixed verdict showed the difficulty of prosecuting terrorism cases when the evidence is not clear-cut. The outcome was reminiscent of the 2010 federal trial of Ahmed Khalfan Ghailani, a Tanzanian man and former Guantánamo Bay detainee who was charged in federal court as a conspirator in the 1998 bombings of two American embassies in East Africa that killed hundreds. Mr. Ghailani was acquitted of most of the charges, including each murder count for those who died, but he was still sentenced to life in prison for a conviction on one count of conspiracy.

Mr. Khattala, wearing a white shirt, betrayed no emotion in response to the verdict. Mr. Khattala’s attorney, Michelle Peterson, declined to comment after it was announced.

The trial included dramatic testimony from State Department and C.I.A. operatives who fought desperately to prevent militants from killing more Americans stationed in Benghazi.

The unusual circumstances of the crime and the evidence — an orchestrated, military-style assault in a near-failed state — were a challenge for federal investigators and prosecutors. The government showed the jury large amounts of surveillance video from the attacks, but Mr. Khattala did not show up inside the diplomatic compound until the fighting was over.

Prosecutors acknowledged that no evidence existed that Mr. Khattala had personally fired any shots or set any buildings ablaze, but argued that he had nevertheless helped orchestrate the attacks and aided them while they were underway. 


Source: The New York Times, Adam Goldman, Charlie Savage, November 28, 2017


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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
Location: Benghazi, Libya
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