padilla

New Bush prosecutorial theory in Padilla allows preventive detention on vague evidence

What next? Protective custody? (Or, in the original German, Schutzhaft). The Times actually does some reporting although, as usual, far too late after the fact to be on any use (bourgeois riot; warrantless surveillance). Adam Liptak:

Padilla Case Offers a New Model of Terrorism Trial
The Justice Department’s strategy in the trial itself, using a seldom-tested conspiracy law and relatively thin evidence, cemented a new prosecutorial model in terrorism cases.

The central charge against Mr. Padilla was that he conspired to murder, maim and kidnap people in a foreign country. The charge is a serious one, and it can carry a life sentence. But prosecutors needed to prove very little by way of concrete conduct to obtain a conviction under the law.

Indeed, the strongest piece of evidence in Mr. Padilla’s case was what prosecutors said was an application form Mr. Padilla filled out to attend a training camp run by Al Qaeda in Afghanistan in 2000.

“It is a pretty big leap between a mere indication of desire to attend a camp and a crystallized desire to kill, maim and kidnap,” said Peter S. Margulies, a law professor at Roger Williams University who has also written on conspiracy charges in terrorism prosecutions.

The conspiracy charge against Mr. Padilla, Professor Margulies continued, “is highly amorphous, and it basically allows someone to be found guilty for something that is one step away from a thought crime.

Prosecutors have long loved conspiracy charges in all kinds of cases.

Recent terrorism prosecutions are doing more than using an old tool with new aggressiveness, legal experts said. They are also using it for a new purpose: preventive detention.

And because the goal is prevention, there’s no reason to give the prisoner a lawyer:  Read more 

Bush nails a Taco Bell worker for terror after throwing him in solitary for 3 years and jurisdiction shopping. Big fucking deal.

[Big Orange was down, so obviously something was up. So, I checked the wires…]

Really, who cares? I mean, I care because I’m going to need a mop and a bucket to clean up the spooge after the inevitable winger circlejerk, but really, who cares? Compared to the damage that Bush has done to our judicial system, the rule of law, and the Constitution, this pissant conviction is nothing.

I mean, after what Bush did, it would take a miracle if Padilla weren’t convicted, ya know? From the Christian Science Monitor:  Read more 

Rapidfire Sunday Blogging: You Need to Know Edition

Got a lot to get to today, so here are some links to interesting reading.

Please check out this Sibel Edmonds blog. There is so much going on in her case. She’s a CT foiler’s wet dream: a high ranking intelligence official who is spilling the beans. Everyone should keep in mind what she is talking about, because it touches on so much of what is happening in our government today.

It just gets more and more absurd in the Padilla case. Now the government is claiming they “lost” interrogation tapes. What are they hiding? He was torutured interrogated over 80 times. More here.  Read more