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Jose Padilla Sentenced To 17 years

I can't say that justice has been served for anyone involved.

NY Times (reg. req'd)

Jose Padilla, once accused of plotting with al-Qaida to blow up a radioactive ''dirty bomb,'' was sentenced Tuesday to 17 years and four months on terrorism conspiracy charges that don't mention those initial allegations.

The sentence imposed by U.S. District Judge Marcia Cooke marks another step in the extraordinary personal and legal odyssey for the 37-year-old Muslim convert, a U.S. citizen who was held for 3 1/2 years as an enemy combatant after his 2002 arrest amid the ''dirty bomb'' allegations.

Prosecutors had sought life in prison, but Cook said she arrived at the 17-year sentence after taking into consideration the ''harsh conditions'' during Padilla's lengthy military detention at a Navy brig in South Carolina.

''I do find that the conditions were so harsh for Mr. Padilla ... they warrant consideration in the sentencing in this case,'' the judge said.

Cooke also imposed prison terms on two other men of Middle Eastern origin who were convicted of conspiracy and material support charges along with Padilla in August. The three were part of a North American support cell for al-Qaida and other Islamic extremists around the world, prosecutors said.

The jury in his trial was told that Padilla was recruited by Islamic extremists in the U.S. and filled out an application to attend an al-Qaida training camp in Afghanistan.

Cooke said that as serious as the conspiracy was, there was no evidence linking the men to specific acts of terrorism anywhere.

And yet it merits 17 more years after four years of torture and mental debilitation? Lewis Koch looks at Citizen Padilla

About Nicole Belle
Nicole Belle's picture
Mom, Wife, Media Critic/Political Analyst, Blogger, Austen Fanatic, Unapologetic Liberal NicoleBelle@crooksandliars.com
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108 Comments
L.A. Confidential's picture

My concern is there will be a whole continent full of bankrupt, re-poed, and idle former WalMart shoppers, many of them with half of their skin tattooed and many of that bunch all revved up to "roll heavy and gun up" against the folks who screwed them.

lazymechanic's picture

I know it is off topic and I am gonna get flamed for it but I think this story is gaining traction. The American Conservative of all places just called out Congress and the media regarding Sibel Edmonds. This is actually a pretty good summary of Sibels story thus far. Demand hearings!

http://www.amconmag.com/2008/2008_01_28/article1.html

MCMetal's picture

Cooke said that as serious as the conspiracy was, there was no evidence linking the men to specific acts of terrorism anywhere.

Then what did he receive 17 years for ?

Jaywalking ?

Blue Lensman's picture

Careful what you think or you'll be invited to stay at the regional internment camp nearest you!

VietVet8666's picture

Judge Cook is a conformist asshole.

Show me the al quaeda application, please.

Brad's picture

I feel terrorized that I could be locked up without trial as this man was, tortured, and outraged that the traitors responsible for rolling back our freedoms are still at large.
Same for the traitors who approved the Patriot Act. Enemies of our land.

Peter Hollman's picture

wow...

it's just not going to get better...

Teleken's picture

What a crock, the Govt. had no real evidence of anything terror related.

Marcus Aurelius's picture

this dude got sucked into the gulag/matrix. Black day.

L.A. Confidential's picture

This Judge was a Bush appointment.

Go Figure

L.A. Confidential's picture

Cooke is Gov. Jeb Bush's former chief inspector general and a former federal magistrate.

WashStateBlue's picture

So, by that scale of Justice, Dick Cheney, for conspiracy to
destroy this country by dragging us into a Fake War, just
to move the military bases from Saudia Arabia to Iraq, should
get about 375 Years without parole?

Fair is fair, right?

VietVet8666's picture

Welcome to Amerika.

fuddled's picture

law school and law practice, the two shall never meet in a neocon world.

Rosanne's picture

What did he do to earn himself 17 more years of incarceration? Littering, removing a label from a pillow without permission of the owner, copy a CD illegally??

What? What?

We are soooo fucked!!!

L.A. Confidential's picture

VietVet8666 @ 13:

Welcome to Amerika.

Brought to you by GE. We bring good things to life.

Loonie's picture

What a fucking joke.

Max's picture

I am sorry but this is an American citizen who has been treated IMO by our government like the Guildford Four. The question is does this guy ever get arrested much less prosecuted if the events of September 11 don't happen?

L.A. Confidential's picture

Rosanne @ 15:

What did he do to earn himself 17 more years of incarceration? Littering, removing a label from a pillow without permission of the owner, copy a CD illegally??

What? What?

We are soooo fucked!!!

He looks like a Muslim?

Bonkers's picture

"You" are next.

L.A. Confidential's picture

And if enough people got out an voted in 2000 Gore would be in his last year as President and 911 probably would have never happened.

Abby's picture

Jose Padilla is an innocent man who is, at worst, guilty of thought crimes - and those are not against the law. He has been punished only to make it look like the Bush administration was not wrong in arresting him in the first place even though they themselves could not prove him guilty of the crimes he was arrested for in the first place.

This is a shameful black make on the face of American Justice. The only saving grace is that American Justice already is all black and one more black mark makes no difference and will not even show.

9/11 changed everything indeed. We made sure it did. This was Osama Bin Laden's stated objective and could not have been achieved without Bush's active help and the apathy of the American people.

USA USA USA ?

Rosanne's picture

WashStateBlue @ 12:

So, by that scale of Justice, Dick Cheney, for conspiracy to
destroy this country by dragging us into a Fake War, just
to move the military bases from Saudia Arabia to Iraq, should
get about 375 Years without parole?

Fair is fair, right?

No, actually, wash. He should have his hands cut off for stealing. That what justice is like in the middle east where his crimes were committed. Let the punishment fit the crime.

Dhalgren's picture

17 years for allegedly verbally agreeing to work on projects to kidnap and kill American citizens.

And the US Attorney wanted him to go to prison for life.

If you see the movie, Taxi To The Dark Side, you will see some of the torture he was put through. Sensory depravation. Stress positions. Possibly waterboarding. The works.

Tequila's picture

Hopefully, Bush's successor will pardon him soon.

Blue Lensman's picture

L.A. Confidential @ 19:

Rosanne @ 15:

What did he do to earn himself 17 more years of incarceration? Littering, removing a label from a pillow without permission of the owner, copy a CD illegally??

What? What?

We are soooo fucked!!!

He looks like a Muslim?

"Islamic Extremist" = any brown-skinned Muslim

Brad's picture

All the front-runner dems voted for the patriot act.

♥♂ Angry Guy's picture

Now maybe he was guilty, still, this means any one of us could be picked up for "Acting against this Administration", thrown in jail (offshore), Tortured for a few years (without trial and lot allowed legal defense) Then we get sent to prison.

I say Wexler and the group going for impeachment are right on.

L.A. Confidential's picture

Blue Lensman @ 26:

L.A. Confidential @ 19:

Rosanne @ 15:

What did he do to earn himself 17 more years of incarceration? Littering, removing a label from a pillow without permission of the owner, copy a CD illegally??

What? What?

We are soooo fucked!!!

He looks like a Muslim?

"Islamic Extremist" = any brown-skinned Muslim

Oh thats right I forgot this War is the Battle of Civilizations. Christian extremists versus the Muslim extremists.

Sorry

VietVet8666's picture

This really sucks.

What did this guy do?

L.A. Confidential's picture

Brad @ 27:

All the front-runner dems voted for the patriot act.

Actually the patriot act is more designed for economic collapse. For the hordes that are going to be hitting the streets, smashing windows, dragging people out of trucks and cars for their wallets.

Ozguy's picture

He "filled out an application" for Al-Qaeda?

???????????????????????????????????????

I mean, seriously, that is what they claimed? In a real courtroom? And the entire courtroom didn't erupt in gales of helpless laughter?

Holy shit, the stench of this thing makes me gag even on the other side of the Pacific.

BennyP's picture

Thought Criminal!
That'll teach the rest of us to imaginate!

L.A. Confidential's picture

VietVet8666 @ 30:

This really sucks.

What did this guy do?

Former Chicago Gang Member. President George Bush issued an order to Secretary Rumsfeld to detain Padilla as an "enemy combatant," and Padilla was transferred to a military brig in South Carolina without any notice to his attorney or family.

Arrested in 2002 for overstaying his visa and charged in 2004 with providing material support to terrorists.

Dahgrostab'ph-r-i's picture

MCMetal @ 3:

Cooke said that as serious as the conspiracy was, there was no evidence linking the men to specific acts of terrorism anywhere.

Then what did he receive 17 years for ?

No he got 17 years for what we were worried about that he might do. Not that he actually did anything or had any ties to anyone or had any materials or weapons or plans or an airplane ticket...but he does have brown skin and that seems to be enough for the Republicans.

You remember the argument that if America waterboards a brown person it's OK but if a brown person waterboards an American then it's no good. That's those good 'ole Republican values in action!

VietVet8666's picture

L.A. Confidential @ 34:

VietVet8666 @ 30:

This really sucks.

What did this guy do?

Former Chicago Gang Member. President George Bush issued an order to Secretary Rumsfeld to detain Padilla as an "enemy combatant," and Padilla was transferred to a military brig in South Carolina without any notice to his attorney or family.

Arrested in 2002 for overstaying his visa and charged in 2004 with providing material support to terrorists.

Hey,

I've said worse things on blogs like this.

Do I need to worry?

Just a joke. But not a joke.

NeoCynic's picture

GUILTY: American Martyr to "War on Terror" Padilla

As was the case during the witch trials of yesteryear, only the socially unpopular, the mentally ill, and the politically dangerous end up at the end of a noose or in yet another bonfire of political vanity.

From allegations of planning to plant a radioactive "dirty" bomb, to being convicted of having his prints on a piece of apparently "found" by the government. The rest was purely circumstantial.

The case against against Padilla hinged on one piece of paper: an application with his fingerprints. If this is enough to incarcerate and torture an American citizen, then America the Beautiful has truly fallen to fear, fascism, and intolerance.

This man was tortured to the point of being mentally incapable of mounting a proper defense.

Recall Mr. Padilla's legal journey through the US "Justice" system: two days before he
was about to be found illegally detained by a US District Court, Bush declared him an "enemy combatant" and whisked him off incommunicado to a military brig. Padilla's quest for a writ of habeas corpus finally ended up after an outrageous delay in December, 2003, in the Second Circuit Court of Appeals, which soundly rejected the Bush "enemy combatant" doctrine, and ordered him released within 30 days. The order was stayed and on appeal, the US Supreme Court issued a ridiculously technical rejection of Mr. Padilla's application, a further example of the political, moral and ethical cowardice of that Bench. On refiling of the application in South Carolina, Padilla won. On appeal, 4th U.S. Circuit Court of Appeals reversed that win, and found Bush empowered by the Congressional authorization of force as the basis for his order.It wasn't until 2005, when it was patently obvious that if re-submitted to the US Supreme Court, Bush would lose, Padilla was yanked from military custody and formally indicted in a civilian court.

What a travesty of justice, what a farce of a trial.

Everything points to a coming police state and woe unto all dissenters, both here and everywhere.

L.A. Confidential's picture

Dahgrostab'ph-r-i @ 35:

MCMetal @ 3:

Cooke said that as serious as the conspiracy was, there was no evidence linking the men to specific acts of terrorism anywhere.

Then what did he receive 17 years for ?

No he got 17 years for what we were worried about that he might do. Not that he actually did anything or had any ties to anyone or had any materials or weapons or plans or an airplane ticket...but he does have brown skin and that seems to be enough for the Republicans.

You remember the argument that if America waterboards a brown person it's OK but if a brown person waterboards an American then it's no good. That's those good 'ole Republican values in action!

Good Ol' Boy Justice. Kind of like putting a kid in Prison for life for possession of a couple joints.

Brad's picture

L.A. Confidential @ 31:

Brad @ 27:

All the front-runner dems voted for the patriot act.

Actually the patriot act is more designed for economic collapse. For the hordes that are going to be hitting the streets, smashing windows, dragging people out of trucks and cars for their wallets.

No, wrong. It was modified to encompass those things.
Source - Wikipedia
"The Act expanded the authority of U.S. law enforcement agencies for the stated purpose of fighting terrorism in the United States and abroad. Among its provisions, the Act increased the ability of law enforcement agencies to search telephone and e-mail communications and medical, financial and other records; eased restrictions on foreign intelligence gathering within the United States; expanded the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and enhanced the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act also expanded the definition of terrorism to include "domestic terrorism," thus enlarging the number of activities to which the Patriot Act’s expanded law enforcement powers can be applied."

L.A. Confidential's picture

NeoCynic @ 37:

Everything points to a coming police state and woe unto all dissenters, both here and everywhere.

Get a haircut, job, pay your bills, shut up, and don't question Authority.

Were back to that.

AConfederacyofDunces's picture

The "War on Terror" is a hoax and a fraud the intent of which -- among other things -- is to control the domestic agenda here in the U.S.

...

L.A. Confidential's picture

AConfederacyofDunces @ 41:

The "War on Terror" is a hoax and a fraud the intent of which -- among other things -- is to control the domestic agenda here in the U.S.

...

When he was three-quarters of the way through a quart of Old Bushmill’s Irish Whiskey at the Turnberry Club in North Miami Beach, former Iran-Contra notable Major General Richard V. Secord used to say, “Son, there’s no more heroes, and nobody makes any money without a bogeyman.”

VietVet8666's picture

Here's the deal.

John Wayne Gasy's dog loved John. John fed, petted, and cared for the dog.

There are a lot of fucks like this dog.

Erroll's picture

♥♂ Angry Guy @ 28:

Now maybe he was guilty, still, this means any one of us could be picked up for "Acting against this Administration", thrown in jail (offshore), Tortured for a few years (without trial and lot allowed legal defense) Then we get sent to prison.

I say Wexler and the group going for impeachment are right on.

That statement is not entirely accurate. Wexler is seeking hearings regarding impeachment. There is already ample evidence to make the case for impeachment, as evidenced by books written by such authors as Elizabeth Holtzman, Dave Lindorff, and Elizabeth de la Vega. With all the equivocating that the Democrats [especially Nancy Pelosi] have done on this issue, future administrations could justifiably rationalize that any high Crimes and Misdemeanors that they may commit will be ignored if not condoned, since the present supine congress has chosen to forego their duty as put forth by Article II Section 4 of the U.S. Constitution.

Brad's picture

Brad @ 39:

L.A. Confidential @ 31:

Brad @ 27:

All the front-runner dems voted for the patriot act.

Actually the patriot act is more designed for economic collapse. For the hordes that are going to be hitting the streets, smashing windows, dragging people out of trucks and cars for their wallets.

No, wrong. It was modified to encompass those things.

...or it was part of the act at the outset, but it was this legislation that was blindly voted for by the front-runner dems. Blind! BLIND!!

fiver's picture

An American citizen, taken prisoner in Chicago under false pretenses, tortured and imprisoned for years without charge, has his day in court, is convicted of something (I'm a lawyer, and I'm still not sure exactly what), and is sentenced to further time.

What planet am I on?

Dahgrostab'ph-r-i's picture

L.A. Confidential @ 38:

Dahgrostab'ph-r-i @ 35:

MCMetal @ 3:

Then what did he receive 17 years for ?

No he got 17 years for what we were worried about that he might do. Not that he actually did anything or had any ties to anyone or had any materials or weapons or plans or an airplane ticket...but he does have brown skin and that seems to be enough for the Republicans.

You remember the argument that if America waterboards a brown person it's OK but if a brown person waterboards an American then it's no good. That's those good 'ole Republican values in action!

Good Ol' Boy Justice. Kind of like putting a kid in Prison for life for possession of a couple joints.

or framing a Black man for a White man's crime. (what? that was never done!)

Mark Glass's picture

Was there actually evidence that he had been an accomplice to this "conspiracy?" I really want to know, in fact. Sometimes the lefties get carried away just as much as the righties and it's always been a pain in the ass to sift through all the rhetoric.

That being said, regardless, I honestly want to cry with how far the government has taken the States down the rabbit hole. It honestly feels like I've been watching a nightmare unfold.

Anybody else ever seen someone quartered? I don't think execs and politicians would be so inclined to fill their pockets if their lives could be voted on. THAT is democracy. Do you trust yourself enough to conduct yourself so the population at large values you?

stidle's picture

VietVet8666 @ 43:

Here's the deal.

John Wayne Gasy's dog loved John. John fed, petted, and cared for the dog.

There are a lot of fucks like this dog.

Put down the paint chips and back away...

Dahgrostab'ph-r-i's picture

Mark Glass @ 48:

Was there actually evidence that he had been an accomplice to this "conspiracy?" I really want to know, in fact. Sometimes the lefties get carried away just as much as the righties and it's always been a pain in the ass to sift through all the rhetoric.

That being said, regardless, I honestly want to cry with how far the government has taken the States down the rabbit hole. It honestly feels like I've been watching a nightmare unfold.

Anybody else ever seen someone quartered? I don't think execs and politicians would be so inclined to fill their pockets if their lives could be voted on. THAT is democracy. Do you trust yourself enough to conduct yourself so the population at large values you?

I agree with what you say and speaking as a person who sees Republicans as the enemy of America, I will say I see people on the Left loose their perspective and harp on things that just aren't accurate...but I have been following this case and there was never any evidence of anything. some BS about filling out an application to join Al Quida, yeah, they must have caught him with his social security number, so they tried to lay the Dirty Bomb thing on him, except he had no bomb or radio active material, they tried to say he was plotting an attack, except they cannot produce a single piece of hard evidence, like photo graphs of a target or anything, so they are going to go with conspiracy because they think the American people are stupid and will just believe what ever they say...oh, and they need a win in their BS war on terror.

MCMetal's picture

”I do find that the conditions were so harsh for Mr. Padilla … they warrant consideration in the sentencing in this case,” the judge said.

Which makes considerable sense , after seeing the lack of actual evidence having absolutely no effect on the sentencing ............

Is there any doubt that Judge Marcia Cooke is a Chimpy appointee and protege' ?

right on!'s picture

Rosanne @ 15:

What did he do to earn himself 17 more years of incarceration? Littering, removing a label from a pillow without permission of the owner, copy a CD illegally??

What? What?

We are soooo fucked!!!

He did nothing... you're right about us all being soooo effed though!

tyree's picture

fiver @ 46:

An American citizen, taken prisoner in Chicago under false pretenses, tortured and imprisoned for years without charge, has his day in court, is convicted of something (I'm a lawyer, and I'm still not sure exactly what), and is sentenced to further time.

What planet am I on?

this is the planet of the apes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

AConfederacyofDunces's picture

L.A. Confidential @ 42:

AConfederacyofDunces @ 41:

The "War on Terror" is a hoax and a fraud the intent of which -- among other things -- is to control the domestic agenda here in the U.S.

...

When he was three-quarters of the way through a quart of Old Bushmill’s Irish Whiskey at the Turnberry Club in North Miami Beach, former Iran-Contra notable Major General Richard V. Secord used to say, “Son, there’s no more heroes, and nobody makes any money without a bogeyman.”

Good answer!

Dave's picture

Tequila @ 25:

Hopefully, Bush's successor will pardon him soon.

Ha ha ha ha that's just so funny. You actually believe that anyone in government service cares one bit about us lowly peons? Bush and his gang are going to rule until the end of time if they have their way. All this dog and pony show of having primaries and campaigning is just so much window dressing. Why in the world would the Bush gang want to leave office? How many times have they thumbed their noses at the constitution? How many ammendments have they trashed? Why in the world would a law saying that they have to leave office bother any of them one little bit? The police state is coming and unless a hundred million people or so wake up and get out into the streets enmasse, there will be no stopping it. If there were million man marches in every city of the union, every week, then maybe, they might think twice. Until that time, the Bush cabal just sits and laughs at the puny displays of rage that a few isolated people make.

Pericles's picture

I think the rationale is as follows:

1. We rounded him up because we thought he was a terrorist.

2. Turns out he wasn't a terrorist, but now that we've kept him blindfolded in a dungeon for three years, if we let him go NOW, he'll be so angry that he's BECOME a terrorist.

3. We imprison POTENTIAL terrorists for life to protect the country, so....QED, I guess.

Johnny2Bad's picture

There are "application(s) to attend an al-Qaida training camp in Afghanistan."???

"applications"? WTF?

Andy K's picture

tyree @ 53:

fiver @ 46:

An American citizen, taken prisoner in Chicago under false pretenses, tortured and imprisoned for years without charge, has his day in court, is convicted of something (I'm a lawyer, and I'm still not sure exactly what), and is sentenced to further time.

What planet am I on?

this is the planet of the apes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Oh, tyree....We have got to learn ya to link stuff like this! :D

MCMetal's picture

The jury in his trial was told that Padilla was recruited by Islamic extremists in the U.S. and filled out an application to attend an al-Qaida training camp in Afghanistan.

With his Social Security number , home phone # and address written on it , I'm sure......

WTF !?!?!? This is the "evidence" that was presented ?

How'd they get this guy's "application" , and presumably found no one elses ?

They keep all other "applications" in al Qeada's "home office" in Pakistan ........?

What a total crock of shit.........

Craig's picture

I once filled out an application to join the Marines. Well, not the marines exactly, I checked off that I wanted to join the Marine Corps Band.
Despite the fact that I'm 42, disabled, can't play an instrument well enough, and well... I don't fucking want to be in the fucking Marine Corps Band.

But I got some cool free swag for sending in the application. Which was of course turned down.

I wonder what kind of cool swag I could get for sending in an Al Qaida application?

Janet's picture

The fingerprints found on the application were a thumbprint on top and fingers on the bottom as if someone handed you a piece of paper. That is all. No fingerprints anywhere else on it.

carol's picture

VietVet8666 @ 13:

Welcome to Amerika.

Your papers please.

MCMetal's picture

carol @ 62:

VietVet8666 @ 13:

Welcome to Amerika.

Your papers please.

Don't you mean my "application" ............................?

Craig's picture

"The fingerprints found on the application were a thumbprint on top and fingers on the bottom as if someone handed you a piece of paper. That is all. No fingerprints anywhere else on it."

Interrogator to prisoner: "Do you recognize this?" Hands paper to prisoner.

Prisoner:"no way, man thats a fake!"

Interrogator take paper back, places it in a plastic bag, smiling internally.

jack damage's picture

Is this guy even competent enough to understand what the hell just happened to him? I mean after four years of (don't call it torture!!!) torture and various forms of sensory deprivation I thought he had more or less checked out mentally... So what's the deal? 17 years for what? Losing his mind instead of dying while being 'interrigated' for some crime he ultimately never committed? I don't know the guy, I don't know to this day exactly what it was he did or didn't do, but this is just some sad shit... Throw a guy in a hole for four years, then throw his ass in prison for another 17... After a military tribunal instead of a real day in a real court... And some people are wondering how we of all people ends up on some terrorist nation watch list from Canada...Fucking sick... Dude probably needs institutionalized for mental incompetence/illness at this point instead of a federal pokey sentence...Hey, if he was/is a bad guy and near as I can tell, that's still sort of up in the air since he got caught before he did more than commit a thought crime.. But seems to me causing him to lose his mind is a pretty intense punishment right there..JD

Peoples Front of Judea's picture

"...U.S. citizen who was held for 3 1/2 years as an enemy combatant..."

You can get a shorter sentence for stealing a car. This was 3 1/2 years without ANY charges!

motorfingaz's picture

I don't believe anything coming from the criminal millionaires that are now in control of our government.

motorfingaz's picture

EXACTLY!!

Peoples Front of Judea's picture

NeoCynic @ 37:

GUILTY: American Martyr to "War on Terror" Padilla

As was the case during the witch trials of yesteryear, only the socially unpopular, the mentally ill, and the politically dangerous end up at the end of a noose or in yet another bonfire of political vanity.

From allegations of planning to plant a radioactive "dirty" bomb, to being convicted of having his prints on a piece of apparently "found" by the government. The rest was purely circumstantial.

The case against against Padilla hinged on one piece of paper: an application with his fingerprints. If this is enough to incarcerate and torture an American citizen, then America the Beautiful has truly fallen to fear, fascism, and intolerance.

This man was tortured to the point of being mentally incapable of mounting a proper defense.

Recall Mr. Padilla's legal journey through the US "Justice" system: two days before he
was about to be found illegally detained by a US District Court, Bush declared him an "enemy combatant" and whisked him off incommunicado to a military brig. Padilla's quest for a writ of habeas corpus finally ended up after an outrageous delay in December, 2003, in the Second Circuit Court of Appeals, which soundly rejected the Bush "enemy combatant" doctrine, and ordered him released within 30 days. The order was stayed and on appeal, the US Supreme Court issued a ridiculously technical rejection of Mr. Padilla's application, a further example of the political, moral and ethical cowardice of that Bench. On refiling of the application in South Carolina, Padilla won. On appeal, 4th U.S. Circuit Court of Appeals reversed that win, and found Bush empowered by the Congressional authorization of force as the basis for his order.It wasn't until 2005, when it was patently obvious that if re-submitted to the US Supreme Court, Bush would lose, Padilla was yanked from military custody and formally indicted in a civilian court.

What a travesty of justice, what a farce of a trial.

Everything points to a coming police state and woe unto all dissenters, both here and everywhere.

Great post. And we should all be screaming ourselves hoarse over this.

For all of those people who think that this can't happen to them. That is only happens to those bad people over there...
http://en.wikipedia.org/wiki/First_they_came...

nyguy's picture

This is really scary, they have no evidence agsinst him, but let's throw him in jail anyway. How in the world can someone be found guilty simply because the accuser said so?

CoIntelPro's picture

NeoCynic @ 37:

...

Everything points to an existing police state and woe unto all dissenters, both here and everywhere.

there! I fixed it. :)

CoIntelPro's picture

nyguy @ 70:

This is really scary, they have no evidence agsinst him, but let's throw him in jail anyway. How in the world can someone be found guilty simply because the accuser said so?

apparently, very easily when the preznitwit gets superpowers from congress, which they won't rescind.

Frank's picture

I don't believe what they told us about Padilla. And this trial was totally rigged. It is clear that this guy has been tortured. Therefore the entire story must be throw by the window. I am convinced that it will be eventually once we get ride of the constitutional criminals right now in power.

The law is clear: Those that persecute US citizen in the exercise of their constitutional right go to jail. I am sad to say that this define the president George Bush Junior himself as a criminal and so are a large number of his staff. Torture is not only barbaric, and immoral but anti-constitutional and criminal. Is it useful to torture people to get information that can not be verified? Every honest cops and intelligence or security officer will told you that it is not useful and in fact counter productive.

If someone is suspected to be up to no good you avoid raising his suspicion that you are suspecting him and you conduct a extensive surveillance. Where does he goes who does he meet what does he say and so forth. You arrest him only if you are convinced that he is about to commit a crime; not before. I saw no evidence that all of this has been done in the case of Padilla.

People will torture for only only 3 reasons: 1) terrorizing the enemy to break their will to fight. (Usually this does not work as it only induce  revenge.) 2) Propaganda. You want someone to admit to facts that are not true but fit your political agenda.
3) Sadism.

The goal of the Bush administration was all of the above but mostly the reason number 2.

I demand justice. I demand the prosecution of GW Bush and his staff for war crime in accordance with the constitution and the federal law.

Frank's picture

So if you want to join El Quada you have to fill a form? Ya right!

Stephen's picture

Here is "Judge" Cooke's address if you want to give her your opinion of her idea of "Justice". This is the weirdest thing I have ever seen. Arrested for a crime that did not happen and in fact was determined could not happen held illegally for years finally accused of something who knows what but not related to the original arrest and sentenced to 17 years????Boggles the mind.

Stephen's picture
Erroll's picture

What happened to Padilla is similar to the plot in the film [and the novel by Philip K. Dick] Minority Report, where the police can apprehend someone merely for believing that a person MAY commit a crime. America is doing its best to make credible the works of George Orwell and Franz Kafka. Let us see if the Democrats prove to be any different than the Republicans after 2008. But then again, if one's memory is still accurate, impeachment has been declared "off the table" by the Speaker of the House, one Nancy Pelosi, going back to 2006.

Bertran's picture

Yes! You have to fill a form in triplicate. One for ben Laden, one for the training camp and one for the CIAA. Sometime they lose your file and you have to re-fill. Just like us. They are civilized too. What do you think!

In fact El Quada have army of "bureaucrates" as lazy as our's of whom those who leave early cross at the door those that come late.

If you work in the El Quada administration do not sleep in the morning!. . . Otherwise you will have nothing to do in the afternoon!
 
Seems familiar?

americanadian's picture

Blue Lensman @ 4:

Careful what you think or you'll be invited to stay at the regional internment camp nearest you!

fuc em. Let em try. I'll take several of them with me. Armed to the teeth. Scariest of all. Liberal & armed.

sulphurdunn's picture

Putting people in prison for very long periods of time has become very big business. Mr. Padilla alone has already made a substantial contribution to the GDP.

natisman's picture

Rosanne @ 23:

WashStateBlue @ 12:

So, by that scale of Justice, Dick Cheney, for conspiracy to
destroy this country by dragging us into a Fake War, just
to move the military bases from Saudia Arabia to Iraq, should
get about 375 Years without parole?

Fair is fair, right?

No, actually, wash. He should have his hands cut off for stealing. That what justice is like in the middle east where his crimes were committed. Let the punishment fit the crime.

So do you now mean that his wife has to stick around and wipe his butt?

Billt's picture

fiver @ 46:

An American citizen, taken prisoner in Chicago under false pretenses, tortured and imprisoned for years without charge, has his day in court, is convicted of something (I'm a lawyer, and I'm still not sure exactly what), and is sentenced to further time.

What planet am I on?

Planet Americia. We're so fucked.

Mark Glass's picture

I agree with what you say and speaking as a person who sees Republicans as the enemy of America, I will say I see people on the Left loose their perspective and harp on things that just aren’t accurate…but I have been following this case and there was never any evidence of anything. some BS about filling out an application to join Al Quida, yeah, they must have caught him with his social security number, so they tried to lay the Dirty Bomb thing on him, except he had no bomb or radio active material, they tried to say he was plotting an attack, except they cannot produce a single piece of hard evidence, like photo graphs of a target or anything, so they are going to go with conspiracy because they think the American people are stupid and will just believe what ever they say…oh, and they need a win in their BS war on terror.

Interesting, Dahgrostab’ph-r-i.

I had a dream, once. I was visiting New York and was exchanging money at a bank. In the dream I was just fidgeting a little at the counter because I had this overwhelming sense of paranoia and was extremely nervous as a result. The clerk eyed me a few times with cocked eyebrows as he was doing whatever it was he had to do, and made a quiet mention of something to someone passing by. I was suddenly arrested under the suspicions I wasn't "acting right," and I was "behaving funny."

I woke up before it got crazier. To many people in the world, I think this epitomizes how people are perceiving what's going on in America at this time.

Now, did this guy actually apply to Al'Qaeda? If so, then lifetime imprisonment isn't beyond reason anyways...

Bertran's picture

"I agree with what you say and speaking as a person who sees Republicans as the enemy of America"

Well! This is the problem! Bush is NOT a republican but a neo-conservator and a criminal. He fooled every one!

Clinton is more republican than Bush!

smchris's picture

"Cooke said that as serious as the conspiracy was, there was no evidence linking the men to specific acts of terrorism anywhere."

Thought crime, citizen. Big Brother knows when your love is not heartfelt. I'm sure by now Padilla understands better than we do that he is guilty.

fuddled's picture

Abby @ 22:

Jose Padilla is an innocent man who is, at worst, guilty of thought crimes - and those are not against the law. He has been punished only to make it look like the Bush administration was not wrong in arresting him in the first place even though they themselves could not prove him guilty of the crimes he was arrested for in the first place.

This is a shameful black make on the face of American Justice. The only saving grace is that American Justice already is all black and one more black mark makes no difference and will not even show.

9/11 changed everything indeed. We made sure it did. This was Osama Bin Laden's stated objective and could not have been achieved without Bush's active help and the apathy of the American people.

USA USA USA ?

Padilla is probably very guilty of conspiracy to commit terrorist acts. Taken in that context he deserves a severe sentence. However, the real context is that he was unconstitutionally retained, rid of due process, tortured, and had illegal (by common law) restraints put on his defense. The judge should be put on trial for unconstitutional behavior, and Padilla, unfortunately, should be set free and apologized to.

Rob's picture

That's simply insane!

Tim Ed Anshabby's picture

The reaction I'd get from most people when I tried to point out the utterly un-American nature of this whole sorry situation would range mostly from "ho-hum" to "what, you love terrorist?!"
And as my good friend and poster BB pointed out, Padilla's treatment happened in plain sight. A US citizen held for 3 years w/o charge or due process, and it was headline news while congress snoozed.

These each leave a very bad taste in my mouth. And I think we're a weaker nation for it.

bob's picture

fuddled @ 86:

Abby @ 22:

Jose Padilla is an innocent man who is, at worst, guilty of thought crimes - and those are not against the law. He has been punished only to make it look like the Bush administration was not wrong in arresting him in the first place even though they themselves could not prove him guilty of the crimes he was arrested for in the first place.

This is a shameful black make on the face of American Justice. The only saving grace is that American Justice already is all black and one more black mark makes no difference and will not even show.

9/11 changed everything indeed. We made sure it did. This was Osama Bin Laden's stated objective and could not have been achieved without Bush's active help and the apathy of the American people.

USA USA USA ?

Padilla is probably very guilty of conspiracy to commit terrorist acts. Taken in that context he deserves a severe sentence. However, the real context is that he was unconstitutionally retained, rid of due process, tortured, and had illegal (by common law) restraints put on his defense. The judge should be put on trial for unconstitutional behavior, and Padilla, unfortunately, should be set free and apologized to.

So you're saying he is PROBABLY guilty of thinking about and talking about terrorist acts. No act, just thinking and talking about them. So for thinking and talking he deserves a total of 21 years of what we KNOW HAS BEEN TORTURE, so far. For thinking and talking about something he never did. Better hope you don't think about drugs, tomorrow, and damn sure don't talk about them. You might just want to read that thing George Bush wipes his ass with. I think it is called the Constitution of the United States of America.

albertchampion's picture

padilla is our man in the iron mask. who must be sequestered until his demise. why?

he was involved with OKbomb. he was the other man that jayna davis attempted to identify.

what was it about OKbomb that would cause the bushits to eliminate[silence] an agent of the state?

well, it was a "terrorist" act not unlike the events of 11/09/01. an act of state-santioned "agent provocateurism" that actually implemented the real PATRIOT ACT[immediately submitted to the congress by bill clinton. and much like the bushit enlargement of that act, was passed immediately by the congress without hearings].

jose padilla can never be allowed to talk. that is why he was subjected to memory erasure techniques after his seizure. and that is what most of the illegal detentions are all about - memory erasure. so that none can tell the story[stories] of their employment by the USA.

BECAUSE IF YOU WERE TO LEARN OF THOSE STORIES, YOU WOULD KNOW WHO THE REAL TERRORIST IS...THE GOVERNMENT OF THE UNITED STATES OF AMERIKA.

equilibrio's picture

albertchampion @ 90:

padilla is our man in the iron mask. who must be sequestered until his demise. why?

he was involved with OKbomb. he was the other man that jayna davis attempted to identify.

what was it about OKbomb that would cause the bushits to eliminate[silence] an agent of the state?

well, it was a "terrorist" act not unlike the events of 11/09/01. an act of state-santioned "agent provocateurism" that actually implemented the real PATRIOT ACT[immediately submitted to the congress by bill clinton. and much like the bushit enlargement of that act, was passed immediately by the congress without hearings].

jose padilla can never be allowed to talk. that is why he was subjected to memory erasure techniques after his seizure. and that is what most of the illegal detentions are all about - memory erasure. so that none can tell the story[stories] of their employment by the USA.

BECAUSE IF YOU WERE TO LEARN OF THOSE STORIES, YOU WOULD KNOW WHO THE REAL TERRORIST IS...THE GOVERNMENT OF THE UNITED STATES OF AMERIKA.

I have to admit, he does look an awful lot like that sketch of John Doe #2.

Many people (especially here) would label what you say a tinfoil hat conspiracy theory.
Those are the same people who still don't know that there were other bombs in the Murrow building, and who never read the C.I.A's "Family Jewels" or bothered to listen to Sibel Edmonds.

Trittydi's picture

Gross Injustice - America's primary and most lucrative manufacturing sector.
*

Of Course!'s picture

Of course this judge is a bush apointee! The bush crime family has stacked and packed every court they're ever gonna need.

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.

sully18's picture

"He has been punished only to make it look like the Bush administration was not wrong in arresting him in the first place even though they themselves could not prove him guilty of the crimes he was arrested for in the first place."
Padilla was tortured so badly that he was not able to understand the charges against him.In a report I saw on Democracy Now, a psychologist said his mind was broken beyond repair.It`s a sick,sick,country we live in when our politicians order their subordinates to destroy someone`s mind to further their fear-mongering which in turn furthers their war-mongering.This should be a lesson to us as to what our leaders are capable of,and what we need to address and to stop in the future.It could happen to any of us.
IMPEACH! INDICT! IMPRISON! No more lying,double-speaking leaders who have no honor,and speak no truth.

Max-1's picture

.

And no mention of the warrant issued for Padilla's arrest other than the charges didn't stick.

*STICKEY*
That warrant, signed by then Judge (I don't know what torture is) Mukasey, was based on what evidence?
That evidence? It's been erased!!!
No "other" Judge can review it...
"Trust-US" Just-us is at work.

WHEN will this not be O.K. from Americans, that Americans stand up and say, "NO MORE!"?

.

Max-1's picture

.

And no mention of why that warrant never stuck...

*STICKEY*
Because the Government held Padilla long enough that the Supreme Court of the USA ruled that Padilla's
detention was UNCONSTITUTIONAL and he to be tried or released... so they tried him on what they could.

I can see his appeal... FAULSE ARREST.
The evidence was coerced through the use of possible TORTURE!

.

fuddled's picture

bob @ 89:

fuddled @ 86:

Abby @ 22:

Jose Padilla is an innocent man who is, at worst, guilty of thought crimes - and those are not against the law. He has been punished only to make it look like the Bush administration was not wrong in arresting him in the first place even though they themselves could not prove him guilty of the crimes he was arrested for in the first place.

This is a shameful black make on the face of American Justice. The only saving grace is that American Justice already is all black and one more black mark makes no difference and will not even show.

9/11 changed everything indeed. We made sure it did. This was Osama Bin Laden's stated objective and could not have been achieved without Bush's active help and the apathy of the American people.

USA USA USA ?

Padilla is probably very guilty of conspiracy to commit terrorist acts. Taken in that context he deserves a severe sentence. However, the real context is that he was unconstitutionally retained, rid of due process, tortured, and had illegal (by common law) restraints put on his defense. The judge should be put on trial for unconstitutional behavior, and Padilla, unfortunately, should be set free and apologized to.

So you're saying he is PROBABLY guilty of thinking about and talking about terrorist acts. No act, just thinking and talking about them. So for thinking and talking he deserves a total of 21 years of what we KNOW HAS BEEN TORTURE, so far. For thinking and talking about something he never did. Better hope you don't think about drugs, tomorrow, and damn sure don't talk about them. You might just want to read that thing George Bush wipes his ass with. I think it is called the Constitution of the United States of America.

I said no such thing. Conspiracy requires a lot more than just thinking. And, an American jury decided that he did more than just "think" about killing people. There are laws for conspiracy to commit murder, rob and other acts. You talk like he's some walking and talking saint. I doubt we will ever know what his actions were. If you re-read what I wrote, perhaps you will get a grip on what I'm complaining about.

David N's picture

Blue Lensman @ 4:

Careful what you think or you'll be invited to stay at the regional internment camp nearest you!

Blue Lensman @ 4:

Careful what you think or you'll be invited to stay at the regional internment camp nearest you!

Never tip your hand

Pawsie's picture

I'm sadden that I'm not sure that guy is really guilty... considering he was held for years, I wonder if he really WAS doing anything bad. I don't trust this government in regard to justice anymore.... It'll just be one of the cases that need to be review again.

Paul's picture

No evidence? shame on the judgefor not dismissing the case. She should be ashamed of herself for her role in this injustice.

Neil's picture

So.. without actually committing a crime yo ucan be arrested and detained for 17 years? Just for a good publicity shot?

Neil's picture

Hey, you still have a few of our citizens. First thing we ask now is "Are you Torturing our people?" "How much torture?" "Do you feed them?" "Are you planning on arresting anymore of our citizens without our knowledge or consent?"

This is how it is when you deal with us. Because Canada has determined you are a country who tortures, and as such focus on removing our citizens from that torture FIRST before any other business can be conducted.

You can call "waterboarding" or "surfing" or "tea with the queen" it's still torture.

I make certain when I see an American here I yell at them "Torturers!!" going down the street, or in a line at a mall...

With flags along the buildings, we tear down American flags... Why? Cause they are fucking torturers! Thats why! They should not adorn any public building... thats like ... Supporting, visibly, torture.

We don't want you around here, Sorry. You won't change your country from torturing, your won't give your people decent health care, I mean really. What the fuck is wrong with you people? It's just very selfish and beligerant and openly cruel.

Neil's picture

Max-1 @ 97:

.

And no mention of why that warrant never stuck...

*STICKEY*
Because the Government held Padilla long enough that the Supreme Court of the USA ruled that Padilla's
detention was UNCONSTITUTIONAL and he to be tried or released... so they tried him on what they could.

I can see his appeal... FAULSE ARREST.
The evidence was coerced through the use of possible TORTURE!

.

No... All tehir evidence comes form torture.

"Just say you did it and I will remove this icepick from underneath your toenail".

(I would say anything under torture, whaddya wanna hear?)

bilhelm-X's picture

They should let him out and put Bush in to finish his sentence. Talk about a terrahwrist.

uppity kitty's picture

Can't Padilla sue Bush or the Feds for holding him for 3+ years without charges?

impeachbushnow's picture

ARREST BUSH TOO

he plotted a dirty bomb for american jobs

Biff Limbaugh's picture

Tequila @ 25:

Hopefully, Bush's successor will pardon him soon.

here here!

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