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The Embassy Bombing Case

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Very few crimes should be both capital and federal. The bombing of U.S. embassies in Africa in 1998 is among the few. The last time conspirators in this plot were tried, they got off with life because of the federal system's ill-advised single-juror-veto rule. Instead of requiring the jury to deliberate until it is unanimous one way or the other (as we do in California), a single juror can effectively veto the considered decision of the other eleven just by holding out.

Today, Larry Neumeister reports for AP, "The U.S. government has decided not to seek the death penalty against a Guantanamo detainee charged in the 1998 bombings of two U.S. embassies in Africa.... Authorities allege [Ahmed Ghailani] was a bomb-maker, document forger and aide to Osama bin Laden. The attacks at embassies in Tanzania and Kenya killed 124 people, including 12 Americans."

If he made the bomb knowing what it was going to be used for, he certainly deserves the death penalty. Hopefully, we will have some further explanation for this decision later.

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