nationalsecuritylaw In re Terrrorist Bombings of the U.S. Embassies in East Africa (2d Cir. Jan. 26, 2011)

* In re Terrorist Bombings of the U.S. Embassies in East Africa (2d Cir. Jan. 26, 2011)

Hot on the heels of Ghailani’s sentencing, we have a Second Circuit summary opinion (Judges Feinberg, Newman, and Cabranes) affirming the conviction of co-conspirator Mohamed Rashed Daoud al-O’whali in connection with the same plot. O’whali had been convicted back in May of 2001, and his conviction was affirmed originally in 2008. Later, however, O’Whali moved for the case to be remanded to the district court for reconsideration of the voluntariness of certain statements he had made to the government, in light of new information. The case was sent back to the district court, which held a hearing but then concluded that reopening the original suppression hearing was not warranted. O’Whali appealed that determination, resulting in this week’s summary opinion affirming the district court’s decision (without further explanation other than to say the panel found the appellant’s arguments meritless).

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