Judge rejects Padilla torture argument

Source: Associated Press

A federal judge rejected a motion by alleged al-Qaida operative Jose Padilla to dismiss terrorism charges against him over claims he was tortured in U.S. military custody. The ruling removes one of the last major obstacles to the start of Padilla's trial next week.

U.S. District Judge Marcia Cooke stressed in a 12-page order filed late Monday that she was not passing judgment on the torture allegations. Rather, she said the effort to dismiss the case for "outrageous government conduct" was faulty on legal grounds.

Padilla's lawyers claim that during the 3 1/2 years Padilla was held as an "enemy combatant" at a Navy brig he was routinely subjected to harsh treatment and torture.

He claimed that he was forced to stand in painful stress positions, given LSD or some other drug as a "truth serum," subjected to loud noises and noxious odors, and forced to endure sleep deprivation, extreme heat and cold and harsh lights.

Read more: http://news.yahoo.com/s/ap/20070410/ap_on_re_us/padilla_terror_charges

Because, unfortunately, we have to ask that now.

it looks like she got high marks from Sen. Hatch... go figure.

http://judiciary.senate.gov/print_member_statement.cfm?id=1090&wit_id=2628

the government does not directly use "evidence"
it obtained while breaking Padilla in court.

What the hell happened to this country?

Hitler had courts and Judges similar to this one

She's still a Bushite though.

I was referring to her politics not her race

I'm just saying, I don't think she'd be welcome in the Third Reich.

Remember he was first picked up on the accusation he was going to set off a "dirty bomb". That was dropped years ago and he has been held without charges for years against the US Constitution. The Constitution was written specifically to protect people from exactly this sort of thing. It has been blatantly violated and no one seems to give a dman..

even the prosecution admits that Padillia has been forever damaged by what was done to him

i am so disgusted and ashamed of what has been done in 'our' name, with our money, by our fellow citizens.

:nuke:

blu

It sounds as though Judge Cooke is waiting to see what evidence is introduced and developed before ruling on whether it will be admissible. Under ordinary circumstances, I would tend to agree with her ruling, because it's the judge's job to conduct the trial fairly, and not allow one side or the other to "pre-interpret" the evidence the other side is going to present (but hasn't yet presented).

These, however, are hardly ordinary circumstances, and I don't think any judge would be reviled for viewing any evidence submitted by the government in this case with a great deal of skepticism. I think Judge Cooke is being overcautious here. But the issue is clearly not settled, and the defense will have a chance to renew its arguments after the government puts on its evidence.

H. Rap Brown)

how about a judge that ISN'T a bush toady? holy FUCK, these continued ruling are a complete travishamockery!

"In her ruling, Cooke said the dismissal motion wasn't backed up by case law and failed on legal grounds because prosecutors aren't using any evidence collected during Padilla's time in the brig.

To rule otherwise would "effectively provide a defendant with amnesty for any uncharged crime so long as the government violated the defendant's due process rights at some prior point," she wrote."


- ok, that is simply madness. a loophole allowing torture? only in BushAmerika.

Maybe it's not an automatic acquittal. In fact it probably is not. But the ruling seems to paint with an overly broad brush here.

fairness agreed upon by the civilized countries of the world, our courts need some purging and the constitution needs to be pushed back into focus (with the treaties we have agreed to as law).

We do need to remember that treaties are to be considered as law, even according to the UCMJ. To violate treaties on the conduct of prisoners, to try to justify that conduct by suggesting a new definition of "enemy combatant", then to attempt to pass legislation to provide themselves amnesty from prosecution for war crimes is an egregious assault on human rights and civil liberties, the ideal of justice, and the very fabric of equality our Democracy was founded upon. BushCo are the greatest threats to the Constitution, our liberties, and world peace. They are the greatest terrorists in the world today!

Guard against the impostures of pretended patriotism.
~George Washington

Some men...in order to prevent the supposed intentions of their adversaries, have committed the most enormous cruelties...
~Clearchus, in Xenophon

The worst crimes were dared by a few, willed by more and tolerated by all.
~Tacitus

here are a couple that I think are also appropriate:
"Battle not with monsters, lest ye become a monster, and if you gaze into the Abyss, the Abyss gazes also into you." - Nietzsche

"To argue with a man who has renounced the use and authority of reason, and whose philosophy consists in holding humanity in contempt, is like administering medicine to the dead, or endeavoring to convert an atheist by scripture." - Thomas Paine

BTW - If you haven't discovered www.antiwar.com I think you might find it interesting. As someone who likes quotes they have quite a collection of antiwar ones.

:hi:

of torture by Iran. We actually torture people and our government says that is how we get them to tell the truth...hmmmmmmmmmmmmm

Gee, how good America looks to be so polite and politic about such things

Will torture be permitted in non-terrorist trials as well? Perhaps witch dunking and trial by combat will make a comeback too.

i hope jose gets a Scooter Libby jury, not an OJ jury. the future of habeas corpus depends on a jury spanking the feds for violating every last one of this citizens' rights.

and, if i was his lawyer, i'd sure as fuck put him on the stand & ask him about his treatment. she's not ruling out introducing his torture in the trial phase, is she?

On the other hand, those robes are really useful when you shit your pants.