Court says Padilla terror sentence was too lenient

[Freddie Stubbs]

Source: Associated Press

MIAMI -- The 17-year prison sentence imposed on convicted terrorism plotter Jose Padilla is far too lenient for someone who trained to kill at an al-Qaida camp and also has a long, violent criminal history, a federal appeals court ruled Monday as it threw out the sentence.

A divided three-judge panel of the 11th U.S. Circuit Court of Appeals ordered a new sentencing hearing for Padilla, a U.S. citizen and Muslim convert convicted in 2007 along with two co-conspirators of several terrorism-related charges. Padilla, 40, was held for more than three years without charge as an enemy combatant before he was added to the Miami terror support case.

The ruling affirmed the convictions of Padilla, Adham Hassoun and Kifah Jayyousi on terrorism support and conspiracy charges. The sentences of Hassoun and Jayyousi - more than 15 years and more than 12 years, respectively - were also upheld.

Federal prosecutors objected in 2008 to Padilla's sentence and the appeals panel's majority agreed that U.S. District Judge Marcia Cooke, who presided over the four-month trial, made several errors in essentially discounting his sentence by 12 years. Among the mistakes, the appeals court found, was not taking into account Padilla's training at the al-Qaida camp in Afghanistan.


Read more: http://www.miamiherald.com/2011/09/19/2414748/appeals-court-throws-out-17-year.html

[Politicalboi]

1. Wasn't this guy a victim of

John Asscrotch? Another innocent person taken down in the name of terror.

[Melinda]

2. There's no evidence I know of that shows Ashcroft victimized Padilla

Padilla was subjected to what I consider cruel treatment the first few years he was in custody. I am not familiar with his trial, but if Ashcroft had somehow (other than to pronounce that the US had captured "A dirty bomb suspect" thus terrifying the public) set Padilla up, I'm certain I'd have read of it on DU.

News to me.

[harmonicon]

8. Not just cruel treatment. They tortured him and destroyed his mind.

The man they locked up is not the one they arrested. I would like to know what sort of sentences will eventually be handed down to those who were involved in treating him this way.

[Melinda]

9. Of course they tortured him - not the issue I responded to however.

The other issue of accountability has been dealt with as well - just ask Obama and Holder.

Must look forward and all that.

:eyes:

[harmonicon]

10. If torturing him and holding him without charge isn't victimizing him, I don't know what is. nt.

[Melinda]

11. You're conflagrating the issue I addressed. I of course agree w/your pov... more than you know. eom

[harmonicon]

12. Didn't mean to. Sorry. nt.

[RaleighNCDUer]

3. What, exactly, were the charges against him that warranted a 17 year sentence

once the 'dirty bomb' accusation was dismissed?

It seems to me he was pretty much convicted of 'talking terror'. It is not an act of terrorism to be trained at a terrorist training camp - terrorism comes into play when that training is put to use, which he apparently never did.

And now they want to INCREASE his sentence?

[Freddie Stubbs]

5. Conspiring to kill people in an overseas jihad and to fund and support overseas terrorism

[RaleighNCDUer]

6. Like I said, "talking terror". He didn't really DO much of anything. nt

[gratuitous]

7. Oh, actions are so 20th Century

We're all about stopping things pre-crime. And if a pre-criminal doesn't want to cooperate, we'll just torture him until it doesn't make a difference whether he serves 10 years, 15 years, 20 years or longer.

Land of the Free, Home of the Brave and all that jazz.

[Freddie Stubbs]

13. Bin Laden didn't fly any airplanes into any buildings

But he conspired with others to do so.

[Taft_Bathtub]

4. Shameful, he was tortured to the point that he could not help his defense team

He was tortured extensively on American soil to the point that he was basically insane when lawyers finally got to him.

That an appeals court wants more years for someone who would never have been tried, let alone convicted pre-9/11, is just disgusting.

Shameful, shameful.