Former US Air Force Veteran who served a tour of duty in the US war against the Taliban in Afghanistan who is charged with conspiracy to overthrow a brutal dictatorial government in the West African State of the Gambia in violation of the US ‘Neutrality Act’ has pleaded guilty to the charges. Papa Faal along with Cherno Njie are currently in detention awaiting trial in the State of Minnesota and Oklahoma respectively on charges of conspiring to overthrow the government of Yahya Jammeh on December 30th, 2014, which has ruled the tiny West African nation with iron fist for 20 years marked with brutality, enforced disappearances, Human Rights violations and extra judicial killings including journalists.
The former US Air force and Army Veteran – a US citizen has been hailed by Gambian dissidents and community in Minnesota as a hero who saw his native country being brutalized by a leader while the US and the rest of the world ignore the plight of the people of this tiny one time most peaceful nation in Africa. Having lived and fought for the true values of Democracy, rule of law and Human Rights in America and other nations, Papa could not help it but took the fight to Yahya Jammeh just like he was sent to do in Afghanistan to free the Afghan People.
Facing charges of violating centuries old US ‘Neutrality Act’ law which bars US citizens from conspiring to overthrow a ‘friendly nation’ a judge refused to grant Papa bail during his first hearing, ordering his continuous detention and referred the case to a grand jury which could have taken months to put together jurors to hear the case. His case was initially handled by a public defender.
Understanding the limitations of a Public Defender who is paid by the State, Papa’s family and friends quickly scrambled to hire a private lawyer. The Case is assigned to a well-known lawyer David Reyes – a former Government Prosecutor in the same court that Papa is being tried. Mr. Reyes went to work right away and obtained a hearing on a short notice for Papa to appear in court. The lawyer appears to have negotiated a plea bargain for Mr. Faal who could have spent months in detention without trial. It is worth noting that over 90% of cases in this court are negotiated for settlement which is in the best interest of the courts and the citizens in saving tax payers’ resources.
Papa, knowing his rights and in his own terms pleaded guilty to the charges. The Federal sentencing guidelines for such cases call for a jail term from four plus years to five years and a fine of $10,000 to $100,000 announced U.S. District Judge Ann Montgomery in a courtroom full of attendees. However, Faal’s attorney David Reyes who succeeded in expediting the case said he will seek a lighter sentence for Papa Faal.
Though it appears that Papa’s sentencing is inevitable in this situation, pundits familiar with this lawyer’s competence and the rare precedence set by such cases; there is hope for Papa Faal and his family. In such sentencing for a first time offender and for someone who has such a high level reputation in his community and service to the United States, several factors are likely to be considered during the sentencing phase. It is likely that Papa’s personal character; his motives for leaving his liberty in the US and venture into such a risky endeavor and all other factors including Gambia’s human rights records will most likely be considered. Chances are that Papa’s sentence might come down to monetary fine and or strict restrictions and government supervision on probation for Papa upon his release. The experience and competence of David Reyes founder of REYES & SABBY who is also a former FBI agent and a prosecutor in the same court should not be under estimated. Papa’s family and Gambian dissidents awaits the final sentencing verdict which is likely to come by as early as next Tuesday February 3rd, 2015.
In the meantime, the fate of his co-accused Cherno Njie who is reportedly transferred to Oklahoma State from Virginia is still pending. It was not clear why he was moved to Oklahoma from Virginia where he was initially detained. Cherno is a business man and a resident of the State of Texas. The outcome of Papa’s chase may have a strong bearing on Cherno as well and many people are optimistic that at the end of the day justice will be served by allowing these to go free with a probation.