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Government suffers setback as Padilla terror count tossed
The Miami Herald ^ | August 22, 2006 | Jay Weaver

Posted on 08/22/2006 1:03:59 PM PDT by Lurking Libertarian

The U.S. government's terrorism case against former 'enemy combatant' Jose Padilla and two other Muslim codefendants suffered a major setback in federal court in Miami. BY JAY WEAVER jweaver@MiamiHerald.com

When Jose Padilla was charged in a South Florida terror-cell indictment in November, U.S. authorities boasted their case was rock solid.

But in a stunning decision, a federal judge in Miami has lopped a big chunk off of the indictment, saying the government wrongly overcharged the notorious former ''enemy combatant'' and two other Muslim men.

In a written order released Monday, U.S. District Judge Marcia Cooke threw out the first count of the indictment -- that Padilla and the others ''conspired to murder, kidnap and maim persons in a foreign country . . . to advance violent jihad'' abroad -- saying it repeated charges from two other counts.

The ruling also could wipe out possible life sentences if Padilla, Adham Amin Hassoun and Kifah Wael Jayyousi are convicted at trial, scheduled for late January.

''There can be no question that the government has charged a single conspiracy offense multiple times, in separate counts, when in law and in fact only one [alleged] crime has been committed,'' Cooke wrote in an eight-page ruling.

''The danger'' in the indictment, she wrote, is that it violates the double-jeopardy clause of the Fifth Amendment, which prohibits the prosecution or punishment of a defendant twice for the same offense.

The dismissal of a first count in an indictment is unusual, but does not mean the government's case can't be won on the remaining terror-conspiracy charge. Prosecutors and defense lawyers routinely spar over charges before trial, striving to gain a tactical edge before presenting their cases to a jury.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Florida; War on Terror
KEYWORDS: jihadinamerica; padilla; ruling; terrorism; terrortrials; wot
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The original article has a link to the full text of the judge's decision.
1 posted on 08/22/2006 1:04:00 PM PDT by Lurking Libertarian
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To: Lurking Libertarian

Sorry, forgot to indicate that this is an excerpt.


2 posted on 08/22/2006 1:04:32 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Here come the howling nutters to attack the judge without even bothering to read the decision. INCOMING!!!!

--R.


3 posted on 08/22/2006 1:05:50 PM PDT by RustMartialis
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To: Lurking Libertarian

The headline is misleading. Multiple repetitions of the same offense were tossed.


4 posted on 08/22/2006 1:07:12 PM PDT by Dracian
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To: RustMartialis

Before anyone asks:

Cooke, Marcia G.
Born 1954 in Sumter, SC

Federal Judicial Service:
Judge, U. S. District Court, Southern District of Florida
Nominated by George W. Bush on November 25, 2003, to a seat vacated by Wilkie D. Ferguson; Confirmed by the Senate on May 18, 2004, and received commission on May 18, 2004.

U.S. Magistrate (Judge), U.S. District for the Eastern District of Michigan, 1984-1992

Education:
Georgetown University, B.S.F.S., 1975

Wayne State University Law School, J.D., 1977

Professional Career:
Staff attorney, Neighborhood Legal Services, Michigan, 1978-1979
Deputy public defender, Legal Aid and Defender Association, Michigan, 1979-1980
Assistant U.S. attorney, Eastern District of Michigan, 1980-1983
Private practice, Michigan, 1983-1984
Director of professional development and training, U.S. Attorney's Office, Southern District of Florida, 1992, 1994-1999
Executive assistant U.S. attorney, Southern District of Florida, 1992-1994
Chief inspector general, Executive Office of the Governor, Florida, 1999-2002
Assistant county attorney, Miami-Dade County, Florida, 2002-2004

Race or Ethnicity: African American

Gender: Female


5 posted on 08/22/2006 1:08:32 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: RustMartialis

No, I'm going to attack the reporter for this overblown hype. Throwing out one count of a multiple count indictment is no big deal. Especially when the reason for throwing it out is that the same charges are made in the remaining counts.


6 posted on 08/22/2006 1:08:57 PM PDT by San Jacinto
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To: Lurking Libertarian

Are our gov't prosecutors so idiotic and puerile that they don't review these cases ahead of time with others, to see if there are any 'problems' before going to court?


7 posted on 08/22/2006 1:10:39 PM PDT by butternut_squash_bisque (The recipe's at my FR HomePage. Try it!)
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To: San Jacinto

Hey, you know it's no big deal, I know it's no big deal, but tell me you haven't seen the people on other threads about assorted court cases flying off the handle here...

--R.


8 posted on 08/22/2006 1:11:47 PM PDT by RustMartialis
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To: RustMartialis

Your precaution is well-advised.


9 posted on 08/22/2006 1:17:38 PM PDT by Virulas
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To: RustMartialis

Freepers flying off the handle? Surely you jest. Just look at post #7 on this thread, and you'll see how well-reasoned and rational Freepers are. LOL!

Seriously though, I find it interesting that the reporter strained to make this seem like some huge blow to the government's case when it really does not amount to much. One would almost think these 'journalists' have an agenda to make the administration look inept when it comes to catching and prosecuting terrorists.


10 posted on 08/22/2006 1:21:41 PM PDT by San Jacinto
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To: San Jacinto

journalists with an agenda?

surely you jest!


11 posted on 08/22/2006 1:24:59 PM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: Bigh4u2
journalists with an agenda? surely you jest!

I don't know...that dan rather deal sort of got me to thinking.....

12 posted on 08/22/2006 1:27:27 PM PDT by San Jacinto
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To: Lurking Libertarian
''There can be no question that the government has charged a single conspiracy offense multiple times, in separate counts, when in law and in fact only one [alleged] crime has been committed,'' Cooke wrote in an eight-page ruling.

This seems to have become the norm at every level of the judiciary over the past decade or so. I was on a jury a couple of years ago for a guy charged with robbery, some other level of robbery, burglary, some other level of burglary, larceny, and about three other charges. They all amounted to seven ways, some contradicting each other as a matter of law, of describing a single act of breaking a window and stealing a TV.

13 posted on 08/22/2006 1:36:04 PM PDT by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: San Jacinto

"I don't know...that dan rather deal sort of got me to thinking....."

Don't do that too much though.

You'll end up with a migraine!


14 posted on 08/22/2006 1:40:47 PM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: RustMartialis

AUUUGH THIS JUDGE IS INSANE! WHEN WILL THEY EVER LEARN! WE ARE AT WAR!!!!


15 posted on 08/22/2006 1:42:24 PM PDT by Lazamataz (Islam is a perversion of faith, a lie against human spirit, an obscenity shouted in the face of G_d)
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To: RustMartialis

AUUUGH THIS JUDGE IS CORRECT! WHEN WILL THE GOVERNMENT EVER LEARN! WE CANNOT LOSE OUR RIGHTS!!!!


16 posted on 08/22/2006 1:42:27 PM PDT by Lazamataz (Islam is a perversion of faith, a lie against human spirit, an obscenity shouted in the face of G_d)
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To: San Jacinto
"One would almost think these 'journalists' have an agenda to make the administration look inept when it comes to catching and prosecuting terrorists"

Oh c'mon!!! Where the hell did you ever GET such an idea?

17 posted on 08/22/2006 1:43:52 PM PDT by Eagles Talon IV
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To: jiggyboy
This seems to have become the norm at every level of the judiciary over the past decade or so. I was on a jury a couple of years ago for a guy charged with robbery, some other level of robbery, burglary, some other level of burglary, larceny, and about three other charges. They all amounted to seven ways, some contradicting each other as a matter of law, of describing a single act of breaking a window and stealing a TV.

Well, you've gotta understand.

It was a really nice TV.

18 posted on 08/22/2006 1:45:17 PM PDT by Lazamataz (Islam is a perversion of faith, a lie against human spirit, an obscenity shouted in the face of G_d)
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To: Lazamataz

"AUUUGH THIS JUDGE IS INSANE! WHEN WILL THEY EVER LEARN! WE ARE AT WAR!!!!"

"AUUUGH THIS JUDGE IS CORRECT! WHEN WILL THE GOVERNMENT EVER LEARN! WE CANNOT LOSE OUR RIGHTS!!!!"

Can anyone say Multiple Personality Disorder?;)


19 posted on 08/22/2006 2:02:52 PM PDT by SoldierDad (Proud Father of an American Soldier)
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To: Eagles Talon IV

Ya know, I rather liked the inclusion of the reporters email address. I'm able to express my personal opinion of his journalistic integrity (or lack there of) through the magic of the internet. If he responds I'll gladly post it here.


20 posted on 08/22/2006 2:05:23 PM PDT by SoldierDad (Proud Father of an American Soldier)
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