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Jose Padilla: CIA Agent May Testify in Disguise

The Government has asked the Judge presiding over the Jose Padilla trial to allow a CIA agent to testify in disguise, complete with wig, glasses and facial hair.

The agent's testimony will be about Padilla's application to participate in mujahadeen training, described as al-Qaeda's holy warrior program.

Authentication of the document will come from a cooperating witness.

After the U.S. military invaded Afghanistan to oust its Taliban rulers in late 2001, authorities found a locker full of applications to join al Qaeda's holy war overseas.

At Padilla's bond hearing in January 2006, [Prosecutor] Pell said [Padilla's application] was found among 80 to 100 other mujahadeen (holy warrior) applications found in the country, which harbored al Qaeda leader Osama bin Laden before he masterminded the Sept. 11, 2001, U.S. terrorist attacks.

Pell said Padilla's application was authenticated by a ''cooperating government witness'' convicted in an unrelated case who had once filled out the same Arabic ''mujahadeen data form.'' She said Padilla's date of birth, Oct. 18, 1970, was on his application along with his adopted Muslim name, Abu Abdullah Al Mujahir.

It's not an unprecedented motion.

More...

Last November, a federal judge in Fort Lauderdale agreed to allow Israeli undercover agents to testify in disguises in the trial of an alleged Ecstasy kingpin, but refused a government request that they not use their real names.

U.S. District Judge William Dimitrouleas determined the six agents would not be completely hidden if their costumes were limited to wigs, makeup and facial hair for men.

The defendant in that case argued the disguise would violate his 6th Amendment right to confront witnesses.

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  • Display: Sort:
    Agents in disguise (none / 0) (#1)
    by naschkatze on Thu Mar 22, 2007 at 10:51:16 PM EST
    I believe two Israeli agents testified in disguise in the Mohammed Salah trial in Chicago which ended with Salah's acquittal on the major charges about two months ago.

    I believe (none / 0) (#2)
    by Che's Lounge on Thu Mar 22, 2007 at 11:05:13 PM EST
    J. Edgar Hoover testified dressed as a large black woman at the trial of Feilding Mellish.

    Fielding (none / 0) (#3)
    by Che's Lounge on Thu Mar 22, 2007 at 11:05:45 PM EST


    So much.... (none / 0) (#4)
    by kdog on Fri Mar 23, 2007 at 07:54:26 AM EST
    for the right to face your accuser, eh?

    constitutional amendment (none / 0) (#5)
    by orionATL on Fri Mar 23, 2007 at 09:09:16 AM EST
    sounds like we need a constitutional amendment

    adding:

    the right to shave witnesses against you.

    great graphic - groucho marx as israeli agent.

    Protection (none / 0) (#6)
    by jimakaPPJ on Fri Mar 23, 2007 at 09:19:27 AM EST
    Hey! I thought you guys were all for protecting secret agents' identities..

    Or is it only some agents... secret or otherwuse....

    Re: Protection (none / 0) (#7)
    by Skyho on Fri Mar 23, 2007 at 09:47:01 AM EST
    Don't recall that Valerie was testifying against anyone.

    You wingnuts are so cute, making up stories out of whole cloth and all.

    Besides, having foreign agents testify against our own citizens is somewhat pathetic as they are not held accountable to our (US) rules or values.  Even the act of "swearing on a Bible" seems problematic, as Huge Hewitt would say...... after all, whose allegiance would they be swearing to?

    It cheapens the process and the entire court then becomes street theatre for the masses.

    Parent

    i think you're wrong (none / 0) (#8)
    by cpinva on Fri Mar 23, 2007 at 10:03:28 AM EST
    skyho. all witnesses, regardless of nationality, are held to the same standards, while testifying in US courtrooms. should they perjur themselves, they would be subject to the same penalties as any citizen, absent some special deal with the gov't.

    presumably, the existence of that deal would have to be disclosed to the jury, so they could take that into account, during their deliberations.

    jim, best watch out, before that strawman catches fire! :)

    Re: I think (none / 0) (#10)
    by Skyho on Fri Mar 23, 2007 at 11:15:52 AM EST
    cpinva,

    If a witness is a foreign agent and is testifying in a covert manner, how would one then determine their veracity?

    For instance.  How would one "place" an agent at a certain place is identification were crucial?  One is asking for truthiness in the circumstance of one person being disguised.

    IANAL, but, how would get around this obvious lack of chain of accountability?  aside from issues of different cultures, etc.  Putting an Israeli secret agent on the stand and believing them would be like believing some masked stranger in your home that they are there to help you.

    It is like the WH group testifying under oath.  If they have nothing to hide,  what is the problem?

    Parent

    skyho (none / 0) (#11)
    by cpinva on Fri Mar 23, 2007 at 12:35:02 PM EST
    you make my point. it's up to the jury to determine how much credence to give the witness' testimony, and opposing counsel to cross-examine them.

    that said, it doesn't make them any less subject to our rules of evidence and laws, regardless of their nationality.

    Parent

    Hey, it doesn't count. . . (none / 0) (#9)
    by LarryInNYC on Fri Mar 23, 2007 at 11:14:50 AM EST
    if the agent gets to dress up as Big Tent Democrat!