U.S. prosecution of Padilla no slam dunk so far

[DoYouEverWonder]

Sep 23, 2006

MIAMI (AP) -- The Bush administration's decision to drop the "enemy combatant" label from alleged al-Qaida operative Jose Padilla and prosecute him on civilian terror charges has not gone smoothly, with even the judge in the case raising questions about sketchy evidence and a vague indictment.

Trial for Padilla - an American once accused of planning to detonate a radioactive bomb - and two co-defendants was initially scheduled for early September. But it's now off until January and may be delayed further into 2007 if prosecutors file their expected appeal of U.S. District Judge Marcia Cooke's dismissal of a crucial charge.

Cooke has also pronounced the U.S. case "weak on facts" and agreed with defense lawyers that prosecutors must provide more details about what crimes the trio may have actually committed instead of relying on sweeping allegations that they were involved in a violent Islamic jihad over a decade on several continents.

In response to one question about identities of any alleged victims, prosecutors listed armed confrontations against the Russian military in Chechnya and Tajikistan, opposing Muslim factions in Afghanistan and Serbian and Croat forces in Bosnia. They also cited violent acts against more moderate Muslim governments around the world.


http://hosted.ap.org/dynamic/stories/F/FL_PADILLA_TERROR_CHARGES_FLOL-?SITE=FLPET&SECTION=HOME&TEMPLATE=state.shtml

No wonder BushCo wants secret tribunals. They know these cases would never hold up in an US court of law.

[acmejack]

1. It's astounding.

They have screwed this guy for all these years and they actually don't have shit on him. They ever release him there is a very good chance he can sue the shit out of them for innumerable violations of his civil rights. That is of course if they ever release him and if we have any rights remaining by the time they ever let him out.

[Johnyawl]

2. Padilla has always been about destroying Habeas Corpus...

...I don't believe they've ever had a case against him. They locked a US citizen up for THREE YEARS, did not allow him to see an attorney, denied him bail, and charged him with nothing. THREE YEARS, while the case worked it's way through the court system with the Bush administration attempting to establish that they had the right to suspend one of our most fundamental civil liberties, one that stretches all the way back to the Magna Carta. This was about to to be taken up by SCOTUS when the bushitas pulled it out and filed charges against him. It has been my believe all along that they were told, prolly by Fat Tony, that there was no way they were going to win this, so they had to keep it out of SCOTUS hands. They don't have a case, that's become obvious. They'll dither, and drag their feet until Bush leaves office, and then let someone else's administration "let the terrorist go free".

[TexasLawyer]

5. Yes-- and it bears repeating that Padilla is a US citizen

People who believe that it's only foreigners who get swept up for exraordinary renditions or for trips to Gitmo need to wake up.

Outrageous charges? All the better to keep you locked up forever without an attorney, without knowledge of the charges against you, and with no way out.

[PurityOfEssence]

8. Native born, no less

He may be a skunk (although there's no real evidence he is) but he's been thrown into a dungeon (okay, a navy brig) and held incommucado for YEARS.

This is a classic example of the monarchic pretensions of this mob.

[RUMMYisFROSTED]

10. Monarchic?

Much too kind.

[dkofos]

3. Have they succesfully tried any of the ALLEGED terrorists yet??

[gratuitous]

4. "No slam dunk"

Uh huh. Remember we're talking about a human being here. I don't know anything about Mr. Padilla except the inflammatory stuff printed and broadcast about him over the last several years. He might be Mother Teresa's little brother; he might be Osama's right hand man. I don't know. But that's why we have a trial: Put on the facts and evidence before an impartial judge. If guilt is established beyond a reasonable doubt, convict him. If there isn't enough evidence, even if you know in your heart he's guilty, he walks.

That's the system we have, and it's worked tolerably well for hundreds of years. One man's hunch just isn't enough. And considering the track record of this administration in mishandling and misinterpreting "secret" intelligence, and its ideological blinders that keep all extraneous and exculpatory facts out of its single-minded obsessiveness for doing whatever they want to do anyway, this bunch hasn't earned the trust requisite for any fucking around with the system. And, we're not piss-our-pants scared anymore. You're in big trouble, Mr. Bush.

[Porcupine]

6. You are far too generous regarding our legal system.

In the real legal system if the prosecution can come up with some halfway plausible story that places the accused in the same town as the alleged crime the guy goes to jail.

Juries are stacked with little old ladies that are easy to scare and they will convict anybody who doesn't have $100k to pay lawyers. Public defenders tell EVERY SINGLE CLIENT to plead guilty; every one. DNA evidence is mishandled and bungled and forensic reports are routinely faked. All of this is public record.

If they aren't willing to take Jose Padilla to trail it's because the "evidence" they have held him on for the last three years would embarass a twelve year old playing lawyers in grade school.

It's a disgrace to America.

[sweetheart]

12. Justice for the rich, and injustice for the poor

Plutocracy has been the case for some time in the courts, where
rich persons who can afford the proper representation are not even
remotely dealing with teh same laws, and scuh so many blacks and
drugs users are off to prison on this fearful incarceration binge.

I'm amazed that other countries recognize the US justice system, the UK
is totally fooled, they think its really justice, like they thought it
was really 'elections'... gosh, people are really suckers for propaganda.

[JeffR]

7. "Weak on Facts"

A perfect epitaph for the Bush mis-Administration.

[Javaman]

9. I think the baseball term is more apt here...

WIFF!!

[truthisfreedom]

11. this is what bushco gets for using these weak-ass cases for political gain

here we are only weeks from the election, and this case is backfiring on them again.