Prosecutors say judge abused discretion in sentencing terrorist (had rebuked Bush administration)

AP on Bakersfield Californian ^ | 2/22/06 | Gene Johnson - ap

[NormsRevenge]

SEATTLE (AP) - The federal judge who sentenced an Algerian terrorist to 22 years in prison for attempting to bomb Los Angeles International Airport on the eve of the millennium wildly abused his discretion, said prosecutors who had sought a much longer sentence.

Customs agents in Port Angeles, Wash., caught Ahmed Ressam, 38, with explosives in the trunk of his rental car when he drove off a ferry from British Columbia in December 1999. The scare prompted the cancellation of millennium celebrations at Seattle's Space Needle.

At Ressam's sentencing last summer, U.S. District Judge John C. Coughenour used the opportunity to rebuke the Bush administration: "We did not need to use a secret military tribunal, or detain the defendant indefinitely as an enemy combatant, or deny him the right to counsel, or invoke any proceedings beyond those guaranteed by or contrary to the United States Constitution."

In an appeal filed late Wednesday, the U.S. Attorney's office was highly critical of Coughenour.

"Although the court explained its hope that this case would demonstrate the ability of the judicial system to address terrorism cases, there is precious little to explain the basis for the sentence imposed," prosecutors wrote in a brief filed with the 9th U.S. Circuit Court of Appeals.

"The judge made some dramatic comments," U.S. Attorney John McKay said Wednesday night. "One of our arguments is that the court should have deferred to the sentencing guidelines. He did not, in our judgment. His comments may shed some light to the appeals court as to why he did not."

Ressam's lawyers could not immediately be reached for comment after business hours Wednesday, when The Associated Press obtained the brief.

Before his trial, the government offered Ressam a deal: plead guilty in exchange for a recommended sentence of 25 years. He declined.

He was convicted on nine charges, most of which concerned terrorism and explosives. He could have faced 65 years or more, but in an effort to win a lower sentence he began providing information on terrorist camps he attended in Afghanistan and the training he received there.

In light of the cooperation, the government set out the terms of an agreement: If Ressam continued to cooperate fully, prosecutors said, they would recommend a 27-year sentence.

Ressam thought the agreement was unfair in light of the government's pretrial offer of 25 years, which required no cooperation, but he signed it believing he had no other choice, his lawyers said.

Ressam's testimony helped convict one of his co-conspirators, but his cooperation came to a halt by early 2003. His lawyers said that years of solitary confinement, broken by periods of intense interrogation, had taken their toll on his mental health and corrupted his memory.

Without his continued testimony, the government said in its brief, it was forced to drop its cases against two other alleged co-conspirators, Samir Ait Mohamed and Abu Doha. Prosecutors asked Coughenour to sentence Ressam to 35 years.

In court, Coughenour suggested the government's pretrial offer of a 25-year sentence was a good place to start in considering Ressam's sentence.

Ressam's lawyers appealed part of his conviction in December. Oral arguments in the case are expected by late summer or fall.

[NormsRevenge]

U.S. District Judge John C. Coughenour is a 1981 Reagan appointee.

[SmithL]

I don't like judges who go easy on terrorists, regardless of who appointed them.

---

Coughenour, John C.

Born 1941 in Pittsburgh, KS

Federal Judicial Service:
U. S. District Court, Western District of Washington
Nominated by Ronald Reagan on August 11, 1981, to a seat vacated by Morell E. Sharp; Confirmed by the Senate on September 25, 1981, and received commission on September 28, 1981. Served as chief judge, 1997-2004.

Education:
Kansas State College of Pittsburgh, B.S., 1963

University of Iowa College of Law, J.D., 1966

Professional Career:
Private practice, Seattle, Washington, 1966-1981
Assistant professor of law, University of Washington, 1970-1973

Race or Ethnicity: White

Gender: Male

[VeniVidiVici]

I'd say years on the bench have taken their toll on his mental health and corrupted his memory.

[singfreedom]

To me, this judge's reaction is reminiscent of the MSM's reaction to being left out of the "Cheney hunting fiasco" loop. His feelings are hurt because the government doesn't trust judges to render justice in terrorism cases. His reaction, and the sentence, prove the government has a valid argument.

[okie01]

Ressam's crime was committed in December, 1999 -- almost two years before 9/11 and any actions by the Bush administration which might have "offended" the judge.

Had 9/11 and the Afghanistan and Iraq Wars not intervened, I wonder how the judge would have sentenced Ressam. Did he actually get off lightly because the judge didn't approve of the administration's exercise of its warmaking powers?

A good question to ask the judge...

[devolve]

[MNJohnnie]

U.S. District Judge John C. Coughenour is a 1981 Reagan appointee.

Maybe the Democrats have a point. Maybe Judges should have term limits. Judges should retire before they go senile. Moron Judges who use their position to make political statements are either incompetent or politically corrupted and should be impeached. This is a Legislative branch issue NOT one for arrogant out of control judges to grandstand on. Judge is WAY WAY over the line here.