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Court reinstates key Padilla charge
AP via CoCoTimes ^ | 1/30/7 | CURT ANDERSON

Posted on 01/30/2007 1:23:02 PM PST by SmithL

MIAMI - A federal appeals court on Tuesday reinstated a key terrorism charge, the only one carrying a potential life sentence, against alleged al-Qaida operative Jose Padilla.

A three-judge panel of the 11th U.S. Circuit Court of Appeals agreed with federal prosecutors in Miami that the charge that the U.S. citizen and his two co-defendants conspired to "murder, kidnap and maim" people overseas did not duplicate other counts in the indictment.

The Atlanta-based court reversed a decision last summer by U.S. District Judge Marcia Cooke, who said the three charges in the indictment contained nearly identical elements and could subject the defendants to extra punishment for the same act, violating protections against double jeopardy.

Padilla was arrested in May 2002 at Chicago's O'Hare International Airport, with the government claiming he was plotting to detonate a radioactive "dirty bomb" in a major U.S. city. President Bush declared Padilla an enemy combatant, and he was held without criminal charge for 3 1/2 years until he was added in late 2005 to the Miami case. The "dirty bomb" allegations are not part of the Miami indictment.

Although defense attorneys may file a challenge, Tuesday's ruling brings the case a step closer to trial as scheduled April 16. The appeals court had agreed to hear the case on an expedited basis after Cooke said she would not begin jury selection until the issue was settled.

"We are gratified by the 11th Circuit's swift decision and look forward to presenting the evidence at trial," U.S. Attorney R. Alexander Acosta said in a statement.

Padilla's lawyers did not immediately respond to calls and e-mail messages seeking comment.

Padilla, 36, is charged with being part of a North American terror support cell that provided personnel, materiel and money to extremist Islamic causes. He and his co-defendants _Adham Amin Hassoun, 44, and 45-year-old Kifah Wael Jayyousi - have pleaded not guilty.

Padilla claims he was tortured in custody, and his lawyers say he is suffering from post-traumatic stress disorder that raises questions about his competence for trial.

Federal officials deny the torture allegations, but the judge ordered a competency exam and expects results next month.


TOPICS: Crime/Corruption; Front Page News; Government; War on Terror
KEYWORDS: abdullahalmuhajir; activistjudge; almuhajir; alqaeda; muhajir; padilla; terrorist

1 posted on 01/30/2007 1:23:03 PM PST by SmithL
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To: SmithL

I'm fine with sticking this guy in Guantanamo, giving him a military tribunal, followed by a quick execution. But that's just me.


2 posted on 01/30/2007 1:36:40 PM PST by SmithL (si vis pacem, para bellum)
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To: SmithL
Padilla claims he was tortured in custody, and his lawyers say he is suffering from post-traumatic stress disorder that raises questions about his competence for trial.

Cry me a river

3 posted on 01/30/2007 1:40:13 PM PST by Always Right
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To: Always Right

I'm about to the point if one of these melon heads cry torture one more time that we turn him over to a group that does it for real. We have lost our sense of proportion in these matters. It's called torture if we hurt these guys feelings.


4 posted on 01/30/2007 1:56:32 PM PST by Dutch Boy
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To: SmithL

Padilla ain't even Padilla.

He's Abdullah Al Muhajir.

Keep that in mind, and you really don't need to keep much else in mind.


5 posted on 01/30/2007 2:05:58 PM PST by xzins (Retired Army Chaplain and proud of it! Supporting our troops means praying for them to WIN!)
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To: SmithL
But that's just me....
better yet...Let's just 'lose' him @ 29028 above sea level while he was traveling in a plane, a free 'Skydiving' lesson....if you will.....as he races to meet his 72 Helen Thomases.
6 posted on 01/30/2007 2:06:50 PM PST by skinkinthegrass (Just b/c your paranoid; Doesn't mean they're NOT out to get you. :^)
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To: SmithL; Admin Moderator

"ACTIVISTJUDGE" made it up in the Keywords, put there by ____? ... so, it's an "activist" judge who would REINSTATE a terrorism charge against an Al Qaeda member? Weird!


7 posted on 01/30/2007 2:18:37 PM PST by cgk (I don't see myself as a conservative. I see myself as a religious, right-wing, wacko extremist.)
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To: cgk
Let me know when you figure out which judge is the activist judge.

Here's a hint, only one judge is mentioned by name in the story
; )

8 posted on 01/30/2007 3:04:27 PM PST by SmithL (si vis pacem, para bellum)
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To: SmithL
Here's a hint, only one judge is mentioned by name in the story

She's a GWB appointee. Maybe there's something to her decision besides attitude?

9 posted on 01/30/2007 3:51:53 PM PST by Grut
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To: SmithL

"the three charges in the indictment contained nearly identical elements and could subject the defendants to extra punishment for the same act"

I'm confused. The judges reject charges that might cause additional punishment for the same crime, but enhancing punishment for a crime because it is also a "Hate Crime" is ok? \sarc


10 posted on 01/30/2007 3:58:58 PM PST by fowb
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To: fowb; cgk
"the three charges in the indictment contained nearly identical elements and could subject the defendants to extra punishment for the same act"

I'm confused. The judges reject charges that might cause additional punishment for the same crime, but enhancing punishment for a crime because it is also a "Hate Crime" is ok?

Just to be clear here, although appointed by GWB, Judge Cooke has taken an activist, anti-administration role in this case, right from the beginning.

The 11th Circuit reversed Judge Cooke, and reinstated the charges against Padilla.

11 posted on 01/30/2007 4:07:58 PM PST by SmithL (si vis pacem, para bellum)
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12 posted on 01/30/2007 5:27:50 PM PST by eyespysomething
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To: SmithL
Thanks....BBC report....has some background links that might be useful for researchers:

Court reinstates Padilla charge (Appeals Court)

13 posted on 01/30/2007 6:59:42 PM PST by Ernest_at_the_Beach (The DemonicRATS believe ....that the best decisions are always made after the fact.)
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To: SmithL; All
Special Coverage:War on Terrorism,Civil and Criminal Terror Cases Home Page
14 posted on 02/28/2007 2:34:45 PM PST by mdittmar (May God watch over those who serve,and have served, to keep us free.)
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