Lawyers for bin Laden aide appeal US conviction
Source: Reuters
NEW YORK, Dec 10 (Reuters) - Defense lawyers on Monday sought to overturn the conviction of Osama bin Laden's personal secretary for his role in the 1998 bombings of two U.S. Embassies in Africa. In appeals court arguments, lawyers for Lebanese-born U.S. citizen Wadih El-Hage, who was found guilty in the 1998 attacks on U.S. Embassies in Kenya and Tanzania that killed 224 people, argued the government's evidence and conviction against El-Hage was unfair. El-Hage, who is serving a sentence of life in prison, was convicted with three others in October 2001 of conspiracy to kill Americans, conspiracy to commit murder, conspiracy to destroy buildings and perjury. Defense lawyers told the U.S. Second Circuit federal appeals court panel that the government's case had relied on weak "circumstantial evidence" that linked El-Hage to al Qaeda figures and meetings, but not directly to the bombings. Prosecutor Leslie Brown said there was "no facts" linking El-Hage directly to the bombings, but under the the broader conspiracy charges El-Hage could be convicted "knowing that al Qaeda intended to attack the United States." While the judges reserved their decision on Monday, appeals court Judge Jon Newman said there seemed little difference between El-Hage's case of helping al Qaeda wage war and those held under "enemy combatant" status who are also accused of aiding al Qaeda. "I am a little troubled as to where the line is between war and criminal prosecution," Newman told Brown. El-Hage's defense lawyers also argued U.S. authorities collected wiretap evidence in Nairobi, Kenya, that was not authorized under U.S. surveillance laws. Prosecutors said the wiretaps were lawful under U.S. national security interests. During his trial they said in 1997 El-Hage lied about bin Laden's activities instead of providing information that could have prevented the bombings. The appeal followed a lower court judge's decision in 2005 denying a new trial for El-Hage but which criticized the government's handling of evidence. The lower court judge said U.S. authorities did not timely disclose videotapes and transcripts of a crucial witness in the case, former al Qaeda member Jamal al-Fadl, that contradicted his testimony at El-Hage's trial. Monday's arguments followed a hearing last week against bin Laden's former driver and bodyguard, Salim Ahmed Hamdan, in which U.S. prosecutors argued he is an unlawful enemy combatant who should face trial before a special military tribunal. (Reporting by Christine Kearney; Editing by Michelle Nichols and Cynthia Osterman )
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