I thought Padilla was ruled INcompetent. Could that be because the feds 'lost' the video?
http://www.msnbc.msn.com/id/17389175/site/newsweekThe Case of the Missing Movie
The government made a secret video of its interrogations of 'enemy combatant' Jose Padilla. But now that he's on trial, the Feds claim they don't know where it went.
By Michael Isikoff and Mark Hosenball
Newsweek
Updated: 6:32 p.m. CT Feb 28, 2007
Feb. 28, 2007 - A federal judge ruled today that suspected Al Qaeda operative Jose Padilla is mentally competent, paving the way for his long-delayed case to proceed to trial, at long last, in April. But the ruling by U.S. Judge Marcia Cooke in Miami leaves open what may be more intriguing questions than those surrounding the defendant’s mental health: what happened to a crucial video recording of Padilla being interrogated in a U.S. military brig that has mysteriously disappeared?
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The missing DVD dates from March 2, 2004. It contains a video of the last interrogation session of Padilla, then a declared “enemy combatant” under an order from President Bush, while he was being held in military custody at a U.S. Navy brig in Charleston, S.C. But in recent days, in the course of an unusual court hearing about Padilla’s mental condition, a government lawyer disclosed to a surprised courtroom that the Defense Intelligence Agency—which had custody of the evidence—was no longer able to locate the DVD. As a result, it was not included in a packet of classified DVDs that was recently turned over to defense lawyers under orders from Judge Cooke.
The disclosure that the Pentagon had lost a potentially important piece of evidence in one of the U.S. government’s highest-profile terrorism cases was met with claims of incredulity by some defense lawyers and human-rights groups monitoring the case. “This is the kind of thing you hear when you’re litigating cases in Egypt or Morocco or Karachi,” said John Sifton, a lawyer with Human Rights Watch, one of a number of groups that has criticized the U.S. government’s treatment of Padilla. “It is simply not credible that they would have lost this tape. The administration has shown repeatedly they are more interested in covering up abuses than getting to the bottom of whether people were abused.”
Alicia Valle, a spokeswoman for the U.S. Attorney’s Office in Miama, said in an e-mail to NEWSWEEK that the missing DVD was “of the last interrogation of Padilla while in military custody.” She further added that a lawyer for DIA had advised the court “that an exhaustive search was conducted but the
could not be located.” She added that a classified document summarizing what took place during the session did exist, however. (Valle did not respond to followup questions from NEWSWEEK, and a spokesman for the DIA said the agency could not comment because of the pending litigation.)
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