Alleged Terrorist Indicted For Murder of Five American Soldiers
Civilian Court Trial To Be Watched Closely
By Dell Hill via Just A Grunt
Blogging pal, Just a Grunt
@ Jammie Wearing Fools, focuses on a civilian court criminal case that
will attract considerable attention over the course of the trial’s
duration. The charges were leveled over events that took place in Iraq,
and US law is being used for the prosecution of the alleged crimes.
The ‘suspect’ was arrested in Canada and then extradited to the US.
I am uneasy with trying cases that involve acts of war in a civilian court.
a federal grand jury in Brooklyn, N.Y., returned an indictment charging
Faruq Khalil Muhammad ‘Isa, 38, aka “Faruk Khalil Muhammad ‘Isa,”
“Sayfildin Tahir Sharif” and “Tahir Sharif Sayfildin,” with aiding in
the murder of five American soldiers in a suicide-bomb attack in Iraq in
he is charged with the murders of Staff Sergeant Gary L. Woods, 24, of
Lebanon Junction, Ky.; Sergeant First Class Bryan E. Hall, 32, of Elk
Grove, Calif.; Sergeant Edward W. Forrest Jr., 25, of St. Louis;
Corporal Jason G. Pautsch, 20, of Davenport, Iowa; and Army Private
First Class Bryce E. Gaultier, 22, from Cyprus, Calif.
indictment also charges the defendant with conspiring to kill Americans
abroad and providing material support to that terrorist conspiracy to
kill Americans abroad.”
I totally understand Grunt’s concern. I am of the same breed of concerned American.
are a fistful of potential problems surrounding such a prosecution, not
the least of which is the Bill of Rights question that all American
citizens enjoy, but foreigners have never heard of...at least not until
they lawyer up and discover how easy it is to walk away from a charge of
homicide based on the failure to Mirandize the accused.
are also “rules of criminal procedure”, which are followed to the
letter in civilian courts, but simply do not apply in military
test case, for sure. And sadly, if this prosecution fails, the accused
can never be charged again under the law of double jeopardy in the
United States, no matter how convincing the evidence might be.
We shall watch this case very closely.