“Justice denied anywhere diminishes justice everywhere”

- Martin Luther King, Jr.

For the first time since that awful day in 2001, a ray of sunshine has fallen on American Justice.  Yesterday, in a civilian court in New York, Ahmed Ghailani was found Not Guilty on 285 of the 286 terrorism-related charges brought against him.  For the first time since the Bush/Cheney henchmen began co-opting our justice system in the name of National Security, the words “not guilty” have been uttered in a civilian court in a terrorism case in which the evidence did not prove the charges according to our accepted standard—beyond a reasonable doubt.

The key to Ghailani’s acquittal on the 285 charges came when the presiding judge, Lewis Kaplan, barred the government from calling a key witness because that witness had been identified at a secret CIA camp through the use of harsh interrogation techniques.  In barring the government’s use of this witness, Kaplan upheld a basic tenet we must insist remain a key element in our justice system—information obtained through the use of torture cannot be used in the prosecution of an individual.

In the past 24 hours the verdict has set off a political maelstrom, with the Right calling it a “tragedy” and a “disaster.”  Never mind that Ghailani’s one-count conviction still carries a 20 years-to-life sentence.  The truth is, the Right’s reluctance to try detainees in federal court was never about justice; it was about the fear of justice—fear that the truth would see the light of day.

This decision may yet be appealed.  The defense may insist that their client shouldn’t have been convicted at all, and the prosecution may argue they should have been allowed to introduce evidence obtained through torture.  Given recent usurpations of justice by our higher courts, one has to wonder whether or not the verdict will survive challenge.  But for now, this decision stands as a victory for American Justice.

Even more than just a victory for civilian courts, this decision is a victory for the American people.  A group of our fellow citizens performed an act of both bravery and integrity when they did exactly what they were instructed to do.  They weighed the evidence; they seriously considered the law as presented to them; and they decided based on the merits of the case.  They were not intimidated by those who would deny basic justice to anyone who bears a foreign name.  They did not follow the irrational fervor of those who wish to pass summary judgment on anyone who is “not with us.”  They did not hide behind the shroud of fear that Bush, Cheney and their minions spread across our land.

Their verdict is a first glimpse of light in what has been a long, dark tunnel for the rule of law.  It shows there is still hope for us to regain that which we forfeited when we became convinced the planes crashing into the towers were retribution for a decadent society and that we could achieve redemption only through revenge.