Lawyer: 'Preposterous' to blame Afghan man in US war deaths

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FILE - In this July 10, 2008, record  photo, friends and household  ticker  a subject   grant   defender  transportation  the casket of Sgt. 1st Class Joseph A. McKay, during a ceremonial   work  astatine  Long Island National cemetery successful  Farmingdale, N.Y. Haji Najibullah, a erstwhile  Taliban commandant  who's successful  U.S. custody, is accused of commanding a fatal ambush of McKay, Matthew L. Hilton and Mark Palmateer successful  Afghanistan successful  2008. (AP Photo/Mary Altaffer, File)

FILE - In this July 10, 2008, record photo, friends and household ticker a subject grant defender transportation the casket of Sgt. 1st Class Joseph A. McKay, during a ceremonial work astatine Long Island National cemetery successful Farmingdale, N.Y. Haji Najibullah, a erstwhile Taliban commandant who's successful U.S. custody, is accused of commanding a fatal ambush of McKay, Matthew L. Hilton and Mark Palmateer successful Afghanistan successful 2008. (AP Photo/Mary Altaffer, File) (AP2008)

NEW YORK – The lawyer for an Afghan antheral awaiting proceedings successful Manhattan national tribunal connected charges that helium commanded the Taliban fighters liable successful the sidesplitting of 3 American soldiers said Friday it was “preposterous" to complaint his lawsuit successful deaths that occurred successful a warfare the U.S. started.

Attorney Mark Gombiner spoke astatine a pretrial proceeding aft his client, Haji Najibullah, pleaded not blameworthy to charges successful a rewritten indictment released against him past week.

Najibullah was already charged successful the 2008 gunpoint kidnapping of a newsman for The New York Times and different journalist. If convicted, helium could look beingness successful prison.

But the caller indictment accused him of commanding the Taliban fighters liable for a fatal ambush of the 3 work members successful Afghanistan successful 2008.

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The onslaught killed Matthew L. Hilton, of Livonia, Michigan; Joseph A. McKay, of Brooklyn, and Mark Palmateer, of Poughkeepsie, New York. Najibullah was besides charged with playing a relation successful the downing of a U.S. subject chopper aboriginal successful the aforesaid year.

Gombiner said grounds volition amusement the allegations are not true.

The lawyer said the deaths of American soldiers was an “immense tragedy."

“Nobody disputes that," Gombiner said.

But helium said it “is preposterous" that his lawsuit should beryllium held liable for execution successful a U.S. courtroom for the decease of “American soldiers warring successful a warfare commenced by the United States."

U.S. District Judge Katherine Polk Failla interrupted Gombiner, accusing him of having “gone disconnected connected a immense P.R. campaign."

She added: “I privation you to speech to maine and not the press."

The lawyer, however, said prosecutors were to blasted for publicizing the charges done a quality merchandise “that was circulated astir the world." The lawyer noted that helium refused to remark erstwhile reporters asked him astir the caller charges.

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Assistant U.S. Attorney David Denton told the justice that Gombiner was raising arguments “that person been raised and dismissed before, peculiarly arsenic it relates to the Taliban."

Najibullah, 45, was extradited to the United States past twelvemonth to look charges including hostage taking, conspiracy and kidnapping.

The archetypal indictment charged him with orchestrating the abduction of David Rohde, who past worked for The New York Times, and Afghan writer Tahir Ludin, erstwhile they were connected their mode to interrogation a Taliban leader.

Both men made a melodramatic flight from a Taliban-controlled compound successful Pakistan’s tribal areas much than 7 months aft their Nov. 10, 2008, kidnapping. Their driver, Asadullah Mangal, was a 3rd kidnapping victim. He escaped a fewer weeks aft Ludin and Rohde.

Copyright 2021 The Associated Press. All rights reserved. This worldly whitethorn not beryllium published, broadcast, rewritten oregon redistributed without permission.


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