Alleged Pirate Released from Jail to Await Trial

Ahhh... The American Dream. It's what so many have come to this country seeking. How many though, can be a Somali Pirate then, through Government incompetence, become semi-legal and living inside the US?

Well, it seems one guy has found himself in that position. I'm sure it's not quite how he imagined it, but it's unbelievable to see why and how it's come to happen.

One might also wonder about the forum choice. It was carefully chosen...and the last part will explain why this is, in the end, 100% political madness.

(CN) - An alleged Somali pirate negotiator should face home confinement after spending over 28 months in jail awaiting trial, a federal judge ruled.

Ali Mohamed "Ali has been subjected to pretrial detention for over twenty-eight months, and his trial is not scheduled to begin until November," U.S. District Judge Ellen Huvelle wrote. "There is a point in time at which due process can no longer tolerate additional pretrial detention. For Ali, that time has come."

Ali stands accused by the government of helping Somali pirates kidnap and ransom a merchant vessel and its crew captured in the Gulf of Aden off the Somali coast.

Since the Gitmo precedent was set, it seems it's become acceptable to hold just about anybody without due process, for however long the Government feels like it. 28 months? Pushing 2 1/2yrs in jail? Really??

Huvelle also found the government responsible for 13 months of delay since it appealed the court's interpretation of aiding and abetting piracy.

. . .

"'[G]overnment-wide' concern about the policy implications of the court's interpretation of aiding and abetting piracy simply does not justify the individual implications of continued pretrial detention under a due process analysis." (Parentheses and italics in original.)

Ali was released to home confinement at the home of Said Ahmed Salah, and will be monitored with an electronic ankle device.

Source: Courthouse News

I certainly hope he's honorable and trustworthy to keep on his ankle monitor...and that someone watches it very closely. As the story indicates, the Government tricked him into flying to Dulles for an Education conference. (He'd been appointed the "director general of the Ministry of Education" for the "Republic of Somaliland" after being a negotiator on a hostage/piracy) The US Government then arrested him upon arrival for the charges related to Piracy.

So, he actually came here legally, by the sound of it. That just complicates it even more for a Judge in a case like this, as it seems here. Although, this isn't even an enemy combatant. He's a straight up criminal on charges long recognized as crimes around the world for connection to piracy. I can't understand the "policy" issues, except backdoor dealing with those small entities in that region of Africa.

If that is the case, I guess it's another failure to chalk up in pursuit of policy in that part of the world.

Political? Yup...Without a doubt. Madness? Oh, that's a nice way of putting it, eh?

Wooden leg? NO.
Eye patch? No.
Parrot on shoulder? No.
Hook on arm? No.

Not guilty!

reply to post by VoidHawk


The way things go these days for seeming random chance in courts? Who knows... I may just be bringing something like that for an update.

Really, he sounds guilty as charged and just awaiting a trial. That whole trial thing tho.....When did that become optional or at the leisure of the Government? It used to be something of a priority around here. Then, an exception just for terrorists. Then, foreign fighters in general. Then Americans, with people like Padilla (another real winner...but still deserved due process). Now we actually entice them to come, so we can hold them forever.

I wonder if the whole 'they come of their own free will' is supposed to make it better? Yikes...

He`s lucky he`s even getting a trial if he was an american citizen he could be held indefinitely without a trial,without any charges and without access to legal representation,courtesy of the patriot act and other anti terror acts.
It`s pretty bad when real terrorist like this guy are given more rights than an american citizen is given.

reply to post by wrabbit2000


Strange story...But I might be able to offer some light for consideration having followed the Somali Pirate phenomena.

These "negotiators" are usually in legal limbo. The corporations that own the ships that are ransomed often use them as middle men...so do the pirates. They serve as an in-between and take a cut. So he isn't actually hijacking ships or taking hostages...but he profits from it...but often with the corporations making equal use of his connections to the pirates as the pirates use him for a connection to corporations.

Otherwise...when your ship is taken hostage, there are just a few guys you call in Somalia to ask "how much" and then say...we will pay X etc.

Next item...The US has been more involved in the Somali Pirate issue...though under the radar. Of course the Spec Ops Sniper story a year or so ago made the news..hell of a shot from a bouncing boat...but not in the news is that the US has been helping "train" "advise" etc. in Somalia on the pirate issue, likely in exchange for the OK to hunt AQ in Somalia. I have no doubt we have Spec Ops in the ports there and CIA assistance and that this guy being lured to the US was part of one of those operations.

Why the CIA decided to punch this guys ticket and arrest him, while other "middle-men" are still used and left unmolested for the purposes of communication lines/negotiating with pirates...is the question.

But yes...The CIA doesn't understand legal channels and apparently didn't think this one through as the US Courts are not like Guantanamo and this is where things got messed up...a Judge didn't like the idea of holding someone without trial for years and released him.

I don't see this "middle-man" as an outright pirate, but rather like the legally ambiguous "fixers" that Corps use in South America when an employee is kidnapped. People that hover between the criminal world and legal world and profit from the "Negotiation". I do not endorse his profession, but don't see him as a high risk criminal either...I do want to know what made him so special that the US Gov. lured him here for arrest.

reply to post by Indigo5


I'm going to leave the local regional piracy issues alone on this, as it's not an area I know a lot about. It sounds like you may know more than I do, and I appreciate some of the info. So basically, this guy is the same as the Kidnap and Ransom 'businessmen' who make a living out of playing the middle on these deals. Hmm.. If that's his role, well, a weasel making a living off the pure misery of others would be my first thought.

At any rate though, the total disregard for anything like law is what is getting me. US methods have not always been kosher, let alone legal....but never have I seen the OPEN and blatant contempt for even basic legal principles our nation is built upon. Due process is a founding and core concept......they give all the attention to of a jaywalking ordinance.

Bad times...

wrabbit2000


At any rate though, the total disregard for anything like law is what is getting me. US methods have not always been kosher, let alone legal....but never have I seen the OPEN and blatant contempt for even basic legal principles our nation is built upon. Due process is a founding and core concept......they give all the attention to of a jaywalking ordinance.

Bad times...

I guess my thought on this is...not so long ago, this guy would have been simply "disappeared" in Somalia, but instead they actually arrested him and entered him into the legal system, where at the end of the day a Judge was able to call "foul" and release him until trial.

It's an unfortunate case he was held that long...but compared to Gauntanamo? Indefinite detention without charges even being brought? Or even 10 years ago where this guy would just be found floating in the Somali Sea? At the end of the day a Judge agreed with you and released him until trial. Justice system in action..

So...