ENEMY COMBATANT:  In October 2008, U.S. District Judge Richard J. Leon ruled that the term "enemy combatant" applies only to detainees who are accused of "supporting Taliban or al Qaeda forces or an associated group" in hostile acts or a battle against the U.S.

NOTE:  Habeas corpus is the right to challenge in federal court the legality of one's detention. In June 2008, the U.S. Supreme Court ruled that the constitutional right to habeas corpus applies to captured terrorists who are noncitizens held at Guantanamo [the overseas U.S. naval base].  

1. What ruling made by presiding Federal Judge Lewis Kaplan at the beginning of the trial hurt the prosecution's chances of winning the case?

2. Why did Judge Kaplan say Ghailani would probably (but not definitely) be kept in prison even if he was found not guilty?

3. What did Ghailani's lawyers use as his defense?

4. What accusations did prosecutors make against Ghailani?

5. While telling the judge Ghailani's statements made during interrogation amounted to a confession of guilt, prosecutors didn't introduce them as evidence. Why do you think they chose not to introduce those Ghailani's statements indicating his guilt?

6. Read the "Background" below the questions. In paragraph #2, the reporter states that "the result [of the trial] seems certain to fuel debate over whether civilian courts are appropriate for trying terrorists.
a) Do you think captured terrorists should be tried in civilian court in the U.S. (giving them the same rights as U.S. citizens)? Explain your answer.
b) Ask a parent the same question.