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Judge tosses out most evidence on Gitmo detainee
AP via Breitbart.com ^ | 1/8/2010 | Pete Yost

Posted on 01/08/2010 7:49:48 PM PST by GVnana

WASHINGTON (AP) - A federal judge has tossed out most of the government's evidence against a tarrorism detainee on grounds his confessions were coerced, allegedly by U.S. forces, before he became a prisoner at Guantanamo Bay.

In a ruling this week, U.S. District Judge Thomas Hogan also said the government failed to establish that 23 statements the detainee made to interrogators at Guantanamo Bay were untainted by the earlier coerced statements made while he was held under harsh conditions in Afghanistan.

However, the judge said statements he made during two military administrative hearings at the U.S. detention center in Cuba, where he was assisted by a personal representative, were reliable and sufficient to justify holding the detainee.

Musa'ab Omar Al Madhwani allegedly engaged in a 2 1/2-hour firefight with Pakistani authorities before his capture in a Karachi apartment in 2002.

The detainee says that after five days in a Pakistani prison, he was handed over to U.S. forces and flown to a pitch-black prison he believes was in Afghanistan. He says he was suspended in his cell by his left hand and that guards blasted his cell with music 24 hours a day.

He said that he confessed to whatever allegations his interrogators made and that harassment and threats continued after he was moved to a different prison in Afghanistan.

(Excerpt) Read more at breitbart.com ...


TOPICS: Crime/Corruption; Extended News; Government
KEYWORDS: 911; alquedawins; civiliancourt; fubo; holder; islam; nationalsecurityfail; obama; obamasucks; terrorist; treason; werescrewed
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Thinking about the future of this country gives me a headache.
1 posted on 01/08/2010 7:49:48 PM PST by GVnana
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To: GVnana

Federal judges, warming up for Khalid Sheik Muhammad.


2 posted on 01/08/2010 7:51:06 PM PST by Nervous Tick (Eat more spinach! Make Green Jobs for America!)
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To: GVnana

I hear what you’re saying.


3 posted on 01/08/2010 7:51:46 PM PST by ReaganCaesar
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To: GVnana

This guy will end up with a cab medallion in New York City.


4 posted on 01/08/2010 7:52:55 PM PST by Mike Darancette (Copenhagen Climate Summit; Shovel Ready)
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To: GVnana

There you have it, ladies and gentlemen. Somewhere in the Middle East, al Quaida leadership are laughing their butts off...


5 posted on 01/08/2010 7:53:17 PM PST by COBOL2Java (Big government more or less guarantees rule by creeps and misfits.)
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To: RedRover; jazusamo; Girlene; 4woodenboats; Grimmy; xzins; smoothsailing; lilycicero; bigheadfred; ..

(( ping ))


6 posted on 01/08/2010 7:53:52 PM PST by Lancey Howard
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To: GVnana

Obama, Holder and Pelosi should be charged with Treason.


7 posted on 01/08/2010 7:55:03 PM PST by bushpilot1
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To: GVnana; Nervous Tick
But there's a last paragraph happy ending:

Despite (the judge's) concerns about the 23 statements, the judge relied on other evidence and three statements Al Madhwani made to a military tribunal and a review board to conclude that he trained, traveled and associated with members of al-Qaida, including high-level operatives. On those grounds, the judge ruled he is legally detained.

8 posted on 01/08/2010 7:55:38 PM PST by La Lydia
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To: GVnana

Actually, you can’t really blame this judge. If you treat a terrorist like a terrorist—lacking even the rights of a legitimate prisoner of war—and then you hand him over to a civil court, the judge is bound to throw out any testimony given before he was read his Miranda rights.

The real problem was turning him over to a civil court in the first places.

The same thing is likely to happen with the panty bomber. Andd also the planner of 9/11. These people should NEVER have been treated as if they were ordinary citizens who had committed civil crimes. The fault is basically with Obama, Holder, and some other judges who pushed these terrorists into the wrong justice system.


9 posted on 01/08/2010 7:55:39 PM PST by Cicero (Marcus Tullius)
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To: GVnana

The horror show begins...


10 posted on 01/08/2010 7:56:08 PM PST by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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To: GVnana
Before we're done some of these cut-throat bastards are going to walk...It seemed like a joke when some wag said we'd have to read Miranda rights on the battlefield, but I'm not laughing now. We need to figure out how to counter this abortion of a regime, waging war against its own citizens.
11 posted on 01/08/2010 7:58:08 PM PST by hinckley buzzard
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To: GVnana

“A federal judge has tossed out most of the government’s evidence against a tarrorism detainee on grounds his confessions were coerced, allegedly by U.S. forces, before he became a prisoner at Guantanamo Bay.”

I do believe IIRC that this is the result we all expected upon the announcement of trial in Civilian Court.

It’s like DUH!


12 posted on 01/08/2010 7:59:17 PM PST by rockinqsranch (Dems, Libs, Socialists...Call 'em What you Will, They ALL have Fairies Living In Their Trees.)
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To: COBOL2Java

“There you have it, ladies and gentlemen. Somewhere in the Middle East, al Quaida leadership are laughing their butts off...”

You must mean after they get done laughing their butts off over Joan Rivers being kicked off a plane for being suspected of being a terrorist?


13 posted on 01/08/2010 8:03:04 PM PST by Beowulf9
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To: GVnana
Thank you Eric Holder, you seditious quisling!
14 posted on 01/08/2010 8:03:14 PM PST by Grizzled Bear (Does not play well with others.)
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To: GVnana

Yep.

Be nice to terrorists season begins anew daily.


15 posted on 01/08/2010 8:04:41 PM PST by GeronL (http://libertyfic.proboards,com)
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To: COBOL2Java
Should Al Madhwani be acquitted, a prime-time spot will be awaiting him on MSNBC.
16 posted on 01/08/2010 8:05:54 PM PST by Rational Thought
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To: Cicero

This was all well predictable. We FReepers saw this coming.


17 posted on 01/08/2010 8:06:08 PM PST by GeronL (http://libertyfic.proboards,com)
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To: Nervous Tick
Federal judges, warming up for Khalid Sheik Muhammad.

Not about federal judges, they are constrained by the law and the constitution. This is all on Odipsh-t.

18 posted on 01/08/2010 8:08:14 PM PST by jwalsh07
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Several of these terrorists will get turned loose by the criminal justice system. We can only hope that these will be widely publicized and will contribute to the voter revolution in November.


19 posted on 01/08/2010 8:10:00 PM PST by Rio (Don't make me come over there....)
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To: GVnana

These people are plain crazy. Can’t wait to install our own people. Judges like this will go.


20 posted on 01/08/2010 8:11:11 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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