Padilla judge: Brig time doesn't count

[Eugene]

Source: Associated Press

Padilla judge: Brig time doesn't count

By CURT ANDERSON, Associated Press Writer
22 minutes ago

MIAMI - A federal judge refused to dismiss the terrorism support
charges against alleged al-Qaida operative Jose Padilla on Friday,
rejecting defense claims that his 3 1/2 years in custody as an
enemy combatant violated his constitutional right to a speedy
trial.

U.S. District Judge Marcia Cooke agreed with prosecutors that
Padilla's years in isolation at a Navy brig did not count because
he had not yet been charged.

The criminal charges came when Padilla was added to an existing
Miami terrorism support indictment in November 2005. Only then
did the clock start for the Sixth Amendment's right to a "speedy
and public trial," Cooke said.

-snip-

Orlando do Campo, one of Padilla's four court-appointed lawyers,
insisted that the lengthy imprisonment gave prosecutors an unfair
advantage in building their case, including incriminating statements
Padilla made during months of interrogation.

-snip-

Read more: http://news.yahoo.com/s/ap/20070323/ap_on_re_us/padilla_terror_charges

[Benhurst]

1. Welcome to the Fourth Reich.

[Kagemusha]

2. What a 'see the tree but not the forest' ruling this is.

But Congress encouraged this view so it's not just one judge.

[pacalo]

3. It doesn't count because "he has not been charged."

Now it takes a lot of gall to use that as a reason, considering the government has refused him habeas corpus in the first place!

I'm ashamed of this country. It no longer stands for fairness & it seems to avoid letting the truth out for everyone to see & hear.

[noel adamson]

5. Did it ever stand for fairness?

Ask the people who lived here before Columbus and their descendants, the people kidnapped in Africa and transported to southern plantations etc. etc. If anything the owners of the most imprisoned nation on earth have simply become more honest in their arrogant depravity. You'd think that even the need for P.R. (lying) isn't necessary anymore; that the wishes of the electorate just don't matter...

[pacalo]

13. Good point.

[fasttense]

4. These black-robed politicos do not deserve the title of judge.

They should call themselves hit-men for the repukes.

[noel adamson]

8. Black in daytime, white in nighttime

These uber-bigots have more power in this country now than at anytime since the KKK's peak in the '20s.

[cosmicdot]

6. Bu$h appointed Cooke fwiw

Nominated by illegitimate pResident George W. Bu$h** on November 25, 2003, to a seat vacated by Wilkie D. Ferguson (due to death; had been a Clinton appointee); confirmed by the Senate on May 18, 2004.

Confirmed by a vote of 96 for, no against, 4 not voting (Bunning R-KY, Inouye D-HI, Kerry D-MA, Lautenberg D-NJ
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=108&session=2&vote=00097


Federal Judicial Cetner
http://www.fjc.gov/

[MGKrebs]

7. So much for getting sentenced with "time served".

This is bizarre. He was incarcerated, but not charged. How do we distinguish that from kidnapping?

[youngdem]

9. What a piece of SHIT this judge is

What a fucking SPECIOUS argument.

So, if the local cops pick you up and don't bother charging you for THREE YEARS, it doesn't violate your right to a speedy trial?

I have an idea. Let's get a sympathetic locale to arrest Republicans and refuse to charge them with anything, and when they complain, point to this ruling. Let's see how long it lasts when applied to the mafia itself.

[Warren Stupidity]

10. Pile the bullshit high.

It wasn't like he was locked up or anything.

[ContraBass Black]

11. Can it be appealed?

[Toots]

17. I doubt it

When they deny him his Constitutional Rights on Habeas Corpus, Speedy Trial, Right to confront his accusers, Jury by Peers, why would they give him right to appeal?

[ixion]

12. Catch-22, in the flesh

they can hold you indefintely, and then claim that detention "didn't count" :wtf: because no charges had been filed, because they can hold you indefintely w/o filing charges.

So much for the Rule of Law.

[Vidar]

16. The judge is probably related to Major Major.

[Emillereid]

14. This is nothing less than bullshit triple speak -- our beloved

Bill of Rights is totally gone.

[HuffleClaw]

15. gee, who could have seen that coming?

and he has FOUR 'court-appointed lawyers'! what a lucky guy! such is 'justice' under Bushco.

[dkofos]

18. I hope some day the judge is picked up and held and tortured for

3 years and told she has no rights.

That would be JUSTICE.

[Canuckistanian]

19. Pay attention, citizens

These are YOUR RIGHTS officially going down the toilet.

The precedent has been set.

Habeus Corpus is dead in letter and spirit.

[Orsino]

20. If it doesn't count as time in custody, then it's kidnapping.

Don't let Bush have it both ways.

[pinkpops]

21. "speedy trial" huh?

U.S. Constitution: Sixth Amendment
Sixth Amendment - Rights of Accused in Criminal Prosecutions

Amendment Text | Annotations
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

[nuxvomica]

22. How can he be denied habeas corpus ex post facto?

Congress hadn't whimpered the suspension into law until last year and Hamden essentially nullified *'s executive order of 2001. The need for Congress to codify the suspension following the SC decision is further argument that the suspension was not considered legal when Padilla was first imprisoned so isn't there still a habeas corpus issue here?

[Zhade]

23. A gross miscarriage of justice.

We are not "the land of the free" - we are "the land of the free at their whim".