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Thoughts on Jose Padilla Verdict

I was out of town today and missed the verdict. Since getting home, the news is all about the miners in Utah. So without benefit of having seen live coverage or later analysis, first let me say I agree with TChris:

Whether or not the verdict is correct, the prosecution proves that violations of the law can be addressed in criminal courts. It was never necessary to treat Padilla as an "enemy combatant" or to attempt to deny his right to a jury and to all the other rights that should attend a criminal prosecution.

Now, let me add: I'm dismayed that a jury would come back with a guilty verdict after a day and a half of deliberation in a trial where the evidence took three months to present.

It took 12 Miami-Dade jurors just 11 hours to reach their unanimous verdicts, despite a complex body of evidence that included hundreds of FBI phone wiretaps introduced during the three-month federal trial.

It takes longer than that to comprehend the jury instructions. The instructions in Padilla's case were 42 pages long and are available here (pdf). The jury's job is to determine whether the government has proved each and every element of the charged crimes against each defendant. The elements of the crimes are contained in the jury instructions. They are to apply the law as given in the instructions to the evidence presented at trial.

More...

I doubt this jury bothered to review the evidence or the instructions. They didn't have time in a day and a half. It sounds to me like they took a straw vote shortly after picking a foreman and all were in agreement, so they went right to the verdict forms. I think they went on their gut feeling and emotion, not on the evidence or the law as instructed.

While I find the speed of the verdict abnormal and a dereliction of the jury's duty to review the evidence presented during the trial, it was probably predictable. This is a jury that coordinated their outfits in patriotic red, white and blue for the 4th of July. What more of a signal did you need? As Lew Koch at Firedoglake wrote at the time, I didn't think the defense had a chance after that.

Bottom line: I think returning a guilty verdict in a three month trial after a day and a half makes a mockery of the legal system.

Update: I'm not sure what to make of this from the New York Times:

But one juror, who asked that her name not be used, said later in a telephone interview that she had all but made up her mind before deliberations began. “We had to be sure,” the juror said in Spanish. “We wanted to make sure we went through all the evidence. But the evidence was strong, and we all agreed on that.”

Why was she interviewed in Spanish? Was she not fluent in English? If not, how much of the trial evidence did she understand?

As for a juror making their mind up before deliberations, that's a no-no. They can't begin to deliberate until after they've heard closing arguments and more importantly, the Judge's instructions on how to apply the law.

< Michael Vick's Choice | Friday Bits and Pieces and Open Thread >

Poll

Did Jose Padilla Get a Fair Trial
Yes, he had qualified defense counsel. 20%
No, the jury should have heard about his conditions of confinement and torturous tactics while in the brig 20%
No, the jury did a rush job and couldn't have reviewed 3 months of evidence against 3 defendants along with the jury insturctions in 11 hours. 25%
No, Padilla shouldn't have been tried at all on the skimpy proof presented. 33%

Votes: 24
Results | Other Polls
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    If I remember correctly (5.00 / 5) (#3)
    by coigue on Thu Aug 16, 2007 at 10:28:02 PM EST
    Padilla was pretty much driven insane by the conditions of his incarceration and his psychological and deprivation torture. Am I remembering this correctly?

    That's the point (5.00 / 2) (#45)
    by scarshapedstar on Fri Aug 17, 2007 at 11:47:08 AM EST
    Look how they keep him in a permanent state of sensory deprivation. Their stated aim is to convince him that his torment will never end until the day he dies.

    They didn't even tell him they were bringing him to court. Seriously. They said it might have given him hope.

    Words can't describe the contempt I have for all the Quiet Americans who support this, tacitly or actively.

    Parent

    Torture and Indefinite Detention: Never Warranted (5.00 / 2) (#60)
    by tnthorpe on Fri Aug 17, 2007 at 01:19:23 PM EST
    The two posts above get it right. Read the NYT op-ed piece today and see how often the charges changed, how close the Supreme Court came to asserting jurisdiction, and how cavalier about the rights of a citizen the Bush Administration can be. Like it or not Padilla is an American citizen whose rights ought to have been unalienable. Torturing someone mad in the pursuit of security is simply wrong. Are we really to believe that in 2007 America is in more danger than 1787-90 when our Constitution was being ratified? Are we really to believe that such danger justifies an imperial presidency (Bush's "unitary executive")?  What does Bush know about the need for checks and balances that Madison, Jefferson, or Lincoln didn't?

    Parent
    furthermore (5.00 / 1) (#167)
    by coigue on Mon Aug 20, 2007 at 07:41:34 PM EST
    it leads to the obvious question: If he HAD been able to mount a coherent defense, would the world have seen that he was wrongfully incarcerated in the first place????

    Parent
    Agree completely. (5.00 / 1) (#4)
    by clio on Thu Aug 16, 2007 at 10:39:17 PM EST
    That jury seemed just to be marking time until they could deliver their pre-ordained guilty verdict and go home.  

    What an abdication of citizen responsibility!  
    Not that they care what I think, but I would hope that someone they do care about would point out to them that they have weakened the rule of law they were chosen to uphold.

    Was there no way to chose a better jury?  Or do you think that the defense realized that they were facing a lynch-mob mentality and decided to rely on the appeal process?  If so, it's a frightening commentary on how effective Bush & Co. have been at instilling fear in ordinary Americans.

    WSWS: A travesty of justice (5.00 / 1) (#8)
    by Andreas on Thu Aug 16, 2007 at 11:30:33 PM EST
    The WSWS writes:

    The Kafkaesque treatment that Padilla has suffered is a warning to all Americans. Such are the conditions that can be meted out to anyone--whether a US citizen or not. According to the legal theory developed by the administration, constitutional rights must be sacrificed in the name of "security" in the "war on terror."

    Padilla's conviction occurs within the context of a vast expansion of executive powers to spy on the population, deny basic democratic rights, and employ torture on prisoners held throughout the world.

    As with every aspect of the administration's assault on democratic rights, the treatment of Jose Padilla has provoked no serious criticism from the Democratic Party. To the extent that there have been mild complaints within the media and political establishment, it has been from the standpoint that the government has "overreached" in the "war on terror" and thereby damaged US imperialist interests around the world.

    The conviction of Padilla comes less than two weeks after the Democrats helped pass a bill gutting the Fourth Amendment of the US Constitution and expanding the ability of the president to spy on the American people. (...).

    Jose Padilla's personal tragedy is a manifestation of the deep and irreversible decay of American democracy.

    A travesty of justice: Jose Padilla found guilty
    By Joe Kay, 17 August 2007

    Remember there were 3 defendants---11 Hours? (5.00 / 1) (#10)
    by lindalawyer on Fri Aug 17, 2007 at 01:45:21 AM EST
    Isnt this the same jury, which came in one dressed in Red white and Blue? (with one juror opting out); The juror dynamics in this case may need to be investigated.

    But also, considering the minimal evidence, this is the type of case that could not have been pursued but for the nebulous concept of a war on terror, and  a recognitionn that there is a lower burden of proof.  Three hours per defendant? In a case as flimsy as this? Absurd.

    A setup. Not an honest jury. (5.00 / 0) (#11)
    by Edger on Fri Aug 17, 2007 at 04:11:48 AM EST
    I doubt this jury bothered to review the evidence or the instructions. They didn't have time in a day and a half. It sounds to me like they took a straw vote shortly after picking a foreman and all were in agreement, so they went right to the verdict forms.

    Maybe they went on their gut feeling and emotion, not on the evidence or the law as instructed.

    I think they were corrupted. Bought off. If not with money then with with delusions pumped into their heads.

    Delusions as serious as Jose Padilla's.

    They lost. You lost. I lost. The country lost. The government lost. Padilla lost.

    And the whole world lost.

    The sellers of delusion won.

    The Power of Presumption (5.00 / 1) (#13)
    by Lavocat on Fri Aug 17, 2007 at 05:41:15 AM EST
    It's like any other toxic label, really.  Once the label is affixed, an unspoken presumption is assumed: where there's smoke, there must be fire.

    I just had a sex offense felony trial where ALL of the evidence against my client was circumstantial at best.

    All the jury seemed to focus on were the snippets of evidence that tended to show my client to be lacking in good judgment.

    The jury was just looking for something - anything! - no matter how slight, to put my client away for a long time.  Why?  Because The People had already labeled and indicted her as a multi-count sex offender.  The jury needed only to rubberstamp the verdict of public opinion that had already been rendered.

    So toxic are some labels that a docile populace will blithely follow The People's lead and assume the worst on nothing more than misplaced trust.

    After all, where have we all been these last 6 1/2 years?

    Sadly, the Padilla verdict does NOT come as a surprise - nor should it.

    I hear ya.... (5.00 / 1) (#28)
    by kdog on Fri Aug 17, 2007 at 10:34:37 AM EST
    but I'm still saving some anger for that jury.  They were the check on government power, and they failed to check said power.

    12 ordinary Americans had the chance to stand up for due process and liberty...but chose not to.

    I believe (none / 0) (#30)
    by Peaches on Fri Aug 17, 2007 at 10:42:55 AM EST
    they were instructed not to.


    Parent
    They still had a choice...... (none / 0) (#33)
    by kdog on Fri Aug 17, 2007 at 10:47:42 AM EST
    Instructions can be ignored.  I ignored my share when on jury duty.

    Parent
    My time on jusry duty (none / 0) (#35)
    by Peaches on Fri Aug 17, 2007 at 10:49:46 AM EST
    was ill-spent.

    I was never selected during jury selection. Tossed out in the first wave of questioning, probably because I would have ignored a fair share of instructions as well.

    Parent

    I loved it.... (none / 0) (#38)
    by kdog on Fri Aug 17, 2007 at 10:55:37 AM EST
    I served on a grand jury for a month a few years ago...it was awesome.  I tried my damndest to advocate for liberty when applicable, much to the chagrin of the ADA's.  

    I'm probably blacklisted now:)

    Parent

    The last jury I was on... (5.00 / 1) (#29)
    by Dadler on Fri Aug 17, 2007 at 10:34:37 AM EST
    ...was a joke.  Though the case was settled before a verdict, I ended up feeling sorry for the defendent (guilt or innocence aside) simply because he was having his fate decided by a panel made up largely of people who didn't have the rational ability to decide it.

    My experience & impression (5.00 / 1) (#62)
    by Molly Bloom on Fri Aug 17, 2007 at 01:33:49 PM EST
    of juries is different

    In Florida, an attorney can serve on a jury and I have. My experience was the group was very conscientious and did their best to go through the evidence.

    In my youth, in another state, I had the expeience of watching grand juries in action. I remember my first one. The first couple of days, the proverbial ham sandwhich could have been indicted, had we chosen to present it. After the jury got its feet wet, they became more inquisitive and it became harder to get a true bill. What impressed me the most, is the DA scheduled the most questionable case he had- where the police officer was obviously lying- to the middle of the the 2nd half of the session. The officer's testimony:
     

    "I was walking through X neighborhood, an area where I knew drugs were sold. I ran into suspect, whom I knew to be a drug dealer.  I asked him, if I  could search him. He said yes. I found these T's & Blues, so I read him his rights and arrested him"  

    Immdiately after the officer left the room, 3 hands shot up and the question was asked: Can you actually get a conviction based on this testimony? To which the chief ADA said, probably not. The Grand Jury declined to indict in that case.



    Parent

    proverbial ham sandwich could have been indicted (none / 0) (#72)
    by Edger on Fri Aug 17, 2007 at 02:24:16 PM EST
    Good point, Molly.

    You get 12 jurors ALL with the same or similar prejudices (preconceived or pre-programmed notions) who all come from demographics that preclude rational thinking and fact based reasoning and they would probably convict anyone of anything they had been pre-disposed (through effective and unrelenting propaganda to disregard any and all evidence to the contrary) to believe he was guilty of - and pat themselves on the back for a job well done and "honestly" believe they had just dispensed fair "justice", thus "proving" that "the system works", so why question it....

    They would probably convict anyone of anything, and believe they had been right and honest.

    Even Jose Padilla.

    Parent

    I agree (none / 0) (#32)
    by Peaches on Fri Aug 17, 2007 at 10:45:14 AM EST
    that it seems the rational ability of our citizens sometimes appears impaired, but what is the alternative?

    Should we only let judges decide the fate of our criminals. Or government appointed juries instead of a random selection?

    Perhaps, (my view) we do not do a good enough job of preparing our citizens to live in a democratic society and our public schools have be an abysmal failure.

    Parent

    I agree with your agreement (5.00 / 1) (#46)
    by Dadler on Fri Aug 17, 2007 at 11:50:05 AM EST
    No easy answer.  It's like trying to make a test for people to pass before they can have children.  Better education in the critical thinking skills certainly would help.

    Parent
    How about 15, 20, 25 person juries.... (none / 0) (#36)
    by kdog on Fri Aug 17, 2007 at 10:49:58 AM EST
    Increase the odds that somebody in the group gives a sh*t and takes the repsponsibility of having a human life in their hands seriously.

    Parent
    Its a good suggestion (none / 0) (#37)
    by Peaches on Fri Aug 17, 2007 at 10:53:02 AM EST
    but, it must be balanced by practicality. I mean if 15 is better than 12 and 25 is better than 15, isn't  100 better than 25 and 10,000 best of all? Or, 100,000...one million? Where do you draw the line?

    Parent
    Not practical.... (none / 0) (#39)
    by kdog on Fri Aug 17, 2007 at 10:58:17 AM EST
    I hear ya.  The crowded courts have a hard enough time filling 12 seats.

    Parent
    I can't comment on the trial (5.00 / 3) (#31)
    by Big Tent Democrat on Fri Aug 17, 2007 at 10:44:35 AM EST
    I will even refrain from commenting on the treatment Padilla received while in custody.

    What still seems incredible to me that was blithely accepted in this country was the  detention of an American citizen on American soil on the mere say so of the President.

    After that, nothing can be trusted in America.

    Along with torture, this was the sign that the nation had gone collectively insane after 9/11.

    The discussion of the trial and the jury verdict can be interesting, I don't know, but I can NEVER get past the meek acceptance of Padilla be detained indefinitely by the President.

    This is fascism, pure and simple.

    I cannot get past that either! (5.00 / 1) (#34)
    by Peaches on Fri Aug 17, 2007 at 10:47:51 AM EST
    Hear! Hear! (5.00 / 1) (#41)
    by Molly Bloom on Fri Aug 17, 2007 at 11:14:43 AM EST
    What still seems incredible to me that was blithely accepted in this country was the  detention of an American citizen on American soil on the mere say so of the President.

    After that, nothing can be trusted in America.

    Remember the Vietnam era cliche We had to destroy the village in order to save it?

    That seems to be the Bush GOP formula for governing. And I see no let up among the GOP frontrunners.



    Parent

    BTD (1.00 / 1) (#44)
    by jimakaPPJ on Fri Aug 17, 2007 at 11:46:58 AM EST
    It may have taken too long, but the courts forced the trial.

    DISPLAYING ABSTRACT - The Supreme Court late Wednesday granted the Bush administration's request to transfer the terrorism suspect Jose Padilla from military to civilian custody, ending an odd two-week standoff over where he should be held while the justices decide whether to hear his case. The court's order means that Mr. Padilla ...

    Looks like the system worked, although there are still some unknowns since the administration won't have to release him

    Parent

    I believe the real point here (5.00 / 1) (#47)
    by locomule on Fri Aug 17, 2007 at 11:58:36 AM EST
    is not whether the system "worked" or not but that the President Of The United States would act in such a brazen and lawless manner.

    "The system" should not have to reign in the President - he should voluntarily and deliberately act within the law, within constitutional constraints.  

    Always.

    Parent

    The Left always comes around to (1.00 / 1) (#49)
    by jimakaPPJ on Fri Aug 17, 2007 at 12:03:39 PM EST
    crying over Bush.

    Laying all of the complaints about and support for Bush aside, the system worked.

    Parent

    If we were having this discussion.... (5.00 / 2) (#50)
    by kdog on Fri Aug 17, 2007 at 12:12:18 PM EST
    3 years ago, then you could say the system worked and have a point.

    But it ain't 3 years ago...the system failed miserably.

    Parent

    justice delayed is justice denied ... (5.00 / 1) (#52)
    by Sailor on Fri Aug 17, 2007 at 12:24:15 PM EST
    ... and torture and solitary confinement for 3.5 years damaging a person to the extent that they can't help with their defense is not 'the system working.'

    Personally I think a lot of the fault lies with the judge by excluding evidence of his torture even tho she found he had mental disabilities.

    Parent

    This is fascism, pure and simple. (none / 0) (#43)
    by Edger on Fri Aug 17, 2007 at 11:31:10 AM EST
    Yes. Exactly...

    Parent
    Poll (5.00 / 1) (#51)
    by Peaches on Fri Aug 17, 2007 at 12:13:21 PM EST
    I want to say No, but not specifically only for any of the options provided.

    I do think he should not have been convicted, because he was tortured and the judge should have thrown the accusations out and ordered that Padilla be immediately released and given post-traumatic care for the torture he received while in government detention.

    Charges then should have been filed against everyone involved with handling Padilla, including the President who ordered he be held indefinitely. We should be having a discussion on the jury verdicts of the alleged torturers instead of a discussion on a verdict in the Padilla case.

    Padilla lawyer on the document referenced above by Jim.

    ANDREW PATEL: That was the government's -- you know, when you actually look at this document and -- it is clear that it was -- there were two or three different kinds of inks. If you look at the handwriting on the first page and the last page, they don't match. Even things like, in the United States we will write a date, you know, month, date, year, and in Europe and the Middle East they write date, month, year. There are actually two dates on this form: one on the first page, one on the last page. One is in the European style, one is in the American style. We referred to this document as a, quote, "questioned document," unquote. The jury has spoken on that issue.
     

    on the wiretaps


    Well, there were 300,000 intercepts over a period of approximately ten years. Of those, approximately 14,000 were considered to be, quote, "pertinent." The government introduced about just under 130 conversations or parts of 130 conversations. Now, of that 300,000, Jose's voice is heard on seven. And there are an additional dozen or so conversations in which other people are talking about him. So in a massive electronic surveillance involving home phones being intercepted, cell phones being intercepted, fax machines being intercepted, bugs in people's homes, we have a grand total of twenty-one calls that have anything to do with Jose, out of a grand total of 300,000 interceptions. Your audience can do the math. The result is, you know, just barely a pin drop in this tidal wave of sound that was recorded.


    Peaches, quiting moaning about a terrorist (1.00 / 1) (#106)
    by jimakaPPJ on Fri Aug 17, 2007 at 04:45:16 PM EST
    wannabe.

    If you look at the handwriting on the first page and the last page, they don't match.

    Padilla has admitted receiving help in filling out the document. I wonder why his lawyer didn't point that out??

    Well, there were 300,000...Now, of that 300,000, Jose's voice is heard on seven. And there are an additional dozen or so conversations in which other people are talking about him.

    Huh? Nice misdirection.... Why should we care? Might just as well say that in all wiretaps since the beginning of time... makes just as much sense. Fact is they got him on seven and got him being talked about on "an additional or doezen or so conversations."

    The guy was caught. He was tried. He was guilty.

    Parent

    the guy was caught ... (5.00 / 1) (#108)
    by Sailor on Fri Aug 17, 2007 at 04:54:20 PM EST
    ... tried in the media illegally by ashcrock, stuck in a hellhole where he was tortured and in solitary confinement for 3+ years, and said whatever the gov't wanted him to say.

    Then right before bush was found to be violating the constitution again they moved him into the civilian court system where he was so mentally damaged he couldn't help with his defense.

    I have serious doubt about you ability but one could hope you would feel some if you were to be locked up under similar conditions for your support for terrorism.

    Parent

    Having a dollop of gin, are you? (1.00 / 1) (#121)
    by jimakaPPJ on Fri Aug 17, 2007 at 07:14:01 PM EST
    At least that's what Travis said...

    Since I do not support terrorism, why should I be concerned??

    BTW - Did you know that Rove and Bush got into a book reading contest last year and started reading John D MacDonald's mystery adventures?

    Now that's my kind of dudes. Travis McGee had more sense than almost any government type I have ever seen.

    Parent

    you contradict yourself (none / 0) (#140)
    by Sailor on Sat Aug 18, 2007 at 01:15:38 PM EST
    Since I do not support terrorism, why should I be concerned??
    You've admitted several times to support for OBL and Saddam.

    Parent
    sailor loves strawmen (1.00 / 1) (#149)
    by jimakaPPJ on Sun Aug 19, 2007 at 08:38:55 AM EST
    "The enemy of my enemy" is my friend is an ancient truism.

    I supported OBL when he was attacking the Soviets in Afghanistan, bleeding them white and causing political problems in Moscow.

    I supported Saddam when he was attacking Iran after they had invaded our Embassy and had declared they would put the ME under Shari law.

    Because I believe it is better to have someone else, when possible, do our fighting for us. Why? Because with out them doing that our soldiers are the ones killed.

    Now, since you seem to think this wrong, then it appears that you are not concerned with our soldiers being killed.

    How can you square that with your claim of supporting the troops?

    Parent

    I think you've slipped over the edge lately (5.00 / 1) (#150)
    by Militarytracy on Sun Aug 19, 2007 at 09:59:32 AM EST
    have you ever supported any kind of peace process?  Do you know the meaning of detente?  Everyone wants to be employed but you are like a soldiers with guns sweatshop boss ;)

    Parent
    Lately?? (5.00 / 1) (#151)
    by Edger on Sun Aug 19, 2007 at 10:13:22 AM EST
    situational ethics (5.00 / 1) (#154)
    by Sailor on Sun Aug 19, 2007 at 10:28:41 AM EST
    and you conveniently left out that iran revolted because we armed and kept the shah in power.

    Another truism; chickens coming home to roost. As long as you support terrorists you will end up fighting them.

    "The enemy of my enemy" is my friend is an ancient truism.
    that is as simplistic as 'bring them on.'

    But for now I'll just leave at you admit support terrorism and terrorists, and earlier you denied it.

    Just another example of your hypocrisy.

    Parent

    Sailor loves them there strawmen (none / 0) (#159)
    by jimakaPPJ on Sun Aug 19, 2007 at 12:30:52 PM EST
    Many simple things are correct, many are not. Some are both.

    The sun rises in the east is a simple easy to understand statement. It serves a need to help people find a "direction." Based on that it can be said to be "correct."

    Actually though, the sun "appears" to rise in the east because the earth is rotating.

    So any attempt to make judgments on "truisms" requires some consideration, thinking and knowledge of history and related fields.

    Such is the Left's standard "truism" that Iran revolted because of our assistance to the Shah.

    The question should really be, why did we do that? And the answer is, we were in a war with the Soviets, and the Iranian government was going to provide them with a warm water port, helping them establish a true two ocean naval fleet and increasing their influence in the ME and FE.

    Now. The next question should be, did the Iranian people revolt against the Shah? No.
    The religious radicals were in a state of constant conflict with the government.  They would have revolted against any type of secular government. When Jimmy Carter stupidly withdrew our support, the government fell and Kohemani returned from France. (Thank you France.)

    So the cause was not our foreign policy for some 23-25 years, but the stupid change in that policy by Jimmy Carter. (Who, I am ashamed to admit, I voted for. Unlike you, I recognize my mistake.)

    Your claim that we should never engage in any policy that arms and helps one group against another is just as simplistic. But it does provide some evidence that you may be, or have a background in engineering/science. I say this because I have seen similar attitudes in engineers/scientists. An ability to think only in black and white, with no shades of grey.

    The world, sailor is analog, not digital.

    So understand. I would support the devil if he could help me protect the country and save the lives of our military men and women. That an uncertain future might contain other difficulties is just that. An uncertain future.

    Parent

    defend supporting terrorism all you want ... (none / 0) (#161)
    by Sailor on Sun Aug 19, 2007 at 03:15:33 PM EST
    ... the fact is that is that every single terrorist you've supported turned on us ... using the weapons your kind provided.

    Let's go biblical; as ye sew, so shall ye reap.

    ppj's attitude is summed up here:

    You too, RePack! (none / 0) (#26)
    by jimakaPPJ on Sat Feb 24, 2007 at 08:51:58 AM EST
    Well, you tell us that you fought in Vietnam. Now if you hadn't done that the military wouldn't have been so whacked out Reagan wouldn't have had to use Iraq as a proxy army to fight Iran.
    Get that? ppj blames a vietnam war veteran, (tho ppj never served in combat) for reagan arming Iraq.

    Of course ppj always blames someone else:
    It's Clinton's fault.
    It's Carter's fault.
    It's Comey's fault.
    It's Mueller's fault.

    It couldn't possibly be bush's fault, of cheney's fault, or gonzales' fault, or rumsfeld's fault.

    Parent

    Jim (5.00 / 1) (#111)
    by Peaches on Fri Aug 17, 2007 at 05:10:09 PM EST
    I know your views and I think they are abhorrent. I am outraged by the treatment of Padilla, because he was an American citizen. I am not knowledgeable enough about the trial to know if he was given a fair one or not or if he was rightly convicted. I do know that we were told he was being held as an enemy combatant who was planning a dirty bombing on US soil. I know that he was being held in isolation and subject to sensory deprivation techniques and this is not disputed by the gov't (that I am aware). I know he was not allowed to see lawyers nor anyone in the outside world (family) for over two years. I believe the treatment of him has led to a mental illness that is in all probability permanent. Yes, I am sickened by his treatment and feel empathy for him as a human being. However, my greater outrage is that our government did this to one of our citizens and is not being held accountable. That means it will likely happen again and there are no guarantees that who might be treated this way. You think this is a testament to our greatness. I see it exactly the opposite as evidence of our weakness and slowly eroding status around the world. What a shame, is all I can say and I am sorry you don't see the harm done to all of us in the treatment of Padilla - even if he is guilty of being a terrorist.

    Parent
    Sorry Peaches, lets talk gardening (1.00 / 1) (#120)
    by jimakaPPJ on Fri Aug 17, 2007 at 07:07:48 PM EST
     
    I know that he was being held in isolation and subject to sensory deprivation techniques and this is not disputed by the gov't (that I am aware).

    You know, I keep reading that, but I have yet to see a clear statement/comment that I can regard as fact. Perhaps it is, I just haven't seen it. But I would think links to it would be readily availabe.

    I have commented on this blog, that non-citizens should receive a tribunal, and citizens a full up US criminal justice system trial. I have also said that I would cut non-citizens some slack. I wouldn't for citizens. Padilla, in my opinion, is a traitor.

    I think his defense was not believeable, and that when all of the facts are piled on top of each other his guilt was undisputable. That's why the jury took only a day and a half. There was no doubt in their minds.

    Our greatness is in the fact that he received a trial rather than being hung as soon as they had obtained all the intelligence they thought he had.

    And no, I don't see the harm done to all of us. I see that his capture prevented harm being done to all of us. As for the opinion of the "rest of the world," I say to heck with'em. They only like us when we do what they want. If I have to puchase their friendship that makes them whores and me a whoremonger. Actually I don't believe that. Countries don't have "friends." They have "interests."

    Parent

    Greatness (5.00 / 1) (#132)
    by glanton on Fri Aug 17, 2007 at 11:34:47 PM EST
    Our greatness is in the fact that he received a trial rather than being hung as soon as they had obtained all the intelligence they thought he had.

    That's a bizarro comment even for you.  Nothing concerning Padilla has exemplified United States' "greatness" in any way.  

    3+ years of torture followed by a show trial, and you have the audacity to brag.    

    Parent

    Glanton (none / 0) (#135)
    by jimakaPPJ on Sat Aug 18, 2007 at 09:11:07 AM EST
    Kindly provide a link providing some facts regarding  torture.

    What we have are allegations of torture by a prisoner. That is a claim.

    What we have are claims by the prisoner's mental health doctors that his mental health is impaired. You know, I have never seen a defendants expert witness say, "Nope.... not correct."

    The bottom line issue we are going to have to address is this.

    Collecting intelligence is both a short and long term affair. Something can be told that can only be verified and useful much later. Plus, some information that if revealed would endanger in place sources, or destroy the usefulness of the long term information.

    How do we square this with a citizens right to a speedy trial, and the right to present evidence??

    Bush tried to address this with his "illegal combatant" claim. That works for non-citizens, but not for citizens.

    I don't have a good answer. But in trials of citizens charged with terrorist acts what we have not is not satsifcatory.

    Parent

    Taking the law into our own hands.... (5.00 / 2) (#139)
    by kdog on Sat Aug 18, 2007 at 12:52:46 PM EST
    Everybody says how terrible it is for people to take the law into their own hands.  I can't help but wonder why that is so terrible, considering the times we live in and the government we live under.  

    Look whose hands the law has been in the last few years....the hands of Bush, Cheney, Rumsfeld, Ashcroft, Gates, and Gonzalez.  I'll take the law in the hands of your average American knucklehead over those bastards every day of the week.  

    If the law applied to the government it would be one thing, but the story of Jose Padilla teaches us they are above the law, it does not apply.  

    Desperate times call for desperate measures my friends....I say we need to take the law back.  So if you ever find yourself on a jury at the trial of an American held for 3 years without charge, I hope all of us ignore the judge's instructions not to consider tyranny.

    kdog (1.00 / 1) (#143)
    by jimakaPPJ on Sat Aug 18, 2007 at 03:02:02 PM EST
    The French tried that about 200 years ago..

    Didn't work out too well.

    Parent

    Americans tried it about 200 years ago ... (none / 0) (#165)
    by Sailor on Mon Aug 20, 2007 at 05:18:25 PM EST
    ... until recently it worked out fairly well.

    Parent
    fair trials (1.00 / 1) (#1)
    by diogenes on Thu Aug 16, 2007 at 10:12:47 PM EST
    So does that mean that you think that a military tribunal would have given a fairer trial?  :)

    Definitely not (5.00 / 1) (#2)
    by Jeralyn on Thu Aug 16, 2007 at 10:22:38 PM EST
    see my first paragraph above.  In this case, I think  the prosecutors, defense lawyers and judge did their jobs and it was the jury which fell short.

    Parent
    prosecutor? (5.00 / 1) (#12)
    by lawstudent on Fri Aug 17, 2007 at 05:28:29 AM EST
    do you really think the prosecutor did their job appropriately?  i mean was this not an overzealous prosecution to shape the public's image on the war on terror?  were the images/videos of bin laden not shown to the jury for any other reason than to arise their emotions?  i didn't follow nearly as closely as you did, but from what i read, this trial sounded like much more of a PR move than appropriate prosecutorial discretion.

    Parent
    Finger prints (1.00 / 1) (#7)
    by Abdul Abulbul Amir on Thu Aug 16, 2007 at 11:02:00 PM EST

    When your finger prints are on an Al Qaeda application, its hard to say the jury booted it.

    Parent
    Not exactly (5.00 / 1) (#9)
    by LarryE on Fri Aug 17, 2007 at 12:05:45 AM EST
    His fingerprints were on the front and the back of the form, but not on the middle pages. That's consistent with him being handed the form at some point but not with him having filled it out.

    Was there any evidence placing him actually at a training camp? Lacking that, the form is at best inconclusive.

    My own take on this is that I don't know if Padilla is guilty or not of that with which he was charged. I do know he was grossly mistreated, used as a pawn by the Bush administration, did not get a fair trial, and was convicted in a rush to judgment by a jury, as unhappily most juries today would have been, stampeded by fears of releasing "terrorists."

    Parent

    The form (5.00 / 1) (#17)
    by Dulcinea on Fri Aug 17, 2007 at 08:25:01 AM EST
    should have been handed to one of the jurors who could then be convicted, after a show trial, of working hand in hand with Al Qaeda.

    Parent
    Bingo! (5.00 / 1) (#19)
    by kdog on Fri Aug 17, 2007 at 08:51:58 AM EST
    Excellent comment...the prints prove nothing, and I have a hard time believing a shadowy terrorist organization really has American ex-cons filling out applications like they are applying to work the drive-thru at Wendy's.  

    The jury pegged him guilty from opening arguments...I'd bet my bottom dollar on it.

    Parent

    Please.......you folks are grasping at straws (1.00 / 1) (#42)
    by jimakaPPJ on Fri Aug 17, 2007 at 11:29:34 AM EST
    The following is from an interview with James Comey, US ADA; someone who I think you will agree is no friend of the Administration:

    CNN

    In 1998, Padilla flew from Miami to Cairo, where he spent the next year and a half. He has admitted that in March of 2000, he attend the religious pilgrimage, the hajj, in Saudi Arabia. And there he met a man from Yemen who was a recruiter for al Qaeda, and they discussed the training opportunities al Qaeda offered in Afghanistan.

    Two months later, at this recruiter's request, Padilla traveled in May of 2000 to Yemen where the recruiter introduced him to a sponsor, somebody who could arrange for his training in Afghanistan by al Qaeda.

    In June of 2000, Padilla made that journey. He went to Pakistan, and then traveled overland to Kandahar, Afghanistan.

    He has admitted that there he completed an application to receive training at an al Qaeda camp, sponsored by the man he met in Yemen, who helped him fill out the paperwork.

    (Comment: This easily explains why his fingerprints were on the front and back, but not found on interuor pages.)

    The FBI found Padilla's application to the al Qaeda training camp. They found it in a binder that contained 100 other such applications, type-written each with the title at the top, "Mujahideen Identification Form/New Applicant Form."

    Padilla's application was dated July 24th of 2000 and bears one of his aliases, Abu Abdullah Muhajir (ph). It bears his date of birth, October 18th, 1970. It shows that he is an American citizen; that he speaks Spanish and English and is proficient at Arabic; that he has traveled to Afghanistan, Yemen, Saudi Arabia and Egypt.

    Padilla has admitted that after filling out his application, he attended the Al Farouq (ph) al Qaeda training camp in September and October of 2000, using the name Abdullah al-Espani (ph).

    Padilla says he went to the camp with the understanding that he would be sent to Chechnya to fight for jihad, although he recognized that the recruits of al Qaeda were offered no guarantees.

    According to Padilla, his training included weapon's instruction on AK-47, on G-3, M-16, Uzi and other machine guns; training on topography, communications, camouflage, clandestine surveillance, explosives, including C-4 plastic explosives, dynamite and mines; as well as physical fitness and religious training.

    Padilla completed this basic terrorist training successfully, and then spent three months in the fall of 2000 with other new al Qaeda recruits guarding a Taliban outpost north of Kabul, Afghanistan.

    Padilla admits that he first met al Qaeda's military commander, Abu Hafs al-Masri, better known as Mohammed Atef. He met him in Afghanistan when Atef approached this American in the Al Farouq (ph) camp, and checked him out to gauge his suitability and his commitment to the cause. Atef no doubt spotted the tremendous value this American terrorist offered because he met with him again several times, even giving Padilla money to go back to Egypt to visit his wife.

    In early 2001, Padilla walked into the American consulate in Karachi, Pakistan, and said his passport had been lost in a market in Karachi and got a new one: a classic act of al Qaeda tradecraft designed to eliminate suspicious travel stamps and cover the nature of the traveler's work.

    In April 2000, having completed his basic terrorist training and having found a mentor in the military leader of al Qaeda, Mohammed Atef, Padilla departed Karachi, Pakistan, and returned to Egypt, ending his first trip to Afghanistan.

    Two months later, in June of 2001, Padilla returned to Afghanistan and sought out Mohammed Atef. He met with Atef at a safe house that was reserved for the instructors and the leaders of al Qaeda. According to Padilla, about a month later, his mentor Atef asked him a question. He asked his American disciple if he was willing to undertake a mission to blow up apartment buildings in the United States using natural gas. Padilla told him he would do it.

    Atef then sent Padilla to a training site near the Kandahar airport, where Padilla would train under the watchful eye of an al Qaeda explosives expert and be trained with the man who was to be his partner in this mission to destroy apartment buildings, another al Qaeda operative. When Padilla saw this other operative, he recognized him immediately because he had known him from Florida.....

    ...After spending a month in Egypt, Padilla traveled on and arrived at Chicago's O'Hare International Airport on May the 8th of 2002. He was carrying over $10,000 in U.S. currency given to him by his al Qaeda handlers. He was carrying the cell phone provided to him by Amar al-Beluki (ph), Khalid Shaikh Mohammed's right-hand man.

    He was carrying the names is telephone numbers of his recruiter and his sponsor, and the e-mail address for Amar al-Beluki (ph), who he was to contact upon safely reaching the United States.

    You may think that the government erred in their desigination and holding him. I do not. While much of the above was not presented at the trial because the government obviously didn't want to reveal some of it, some perhaps due to their methods, some just information about what all Padilla had revealed, there was enough to convict him by a jury of his peers after a full up US CJS trial.

    I have commented in the past that I believe in tribunals for non-citizens, and for full up US CJS trials for citizens. I have also that the penalties for the non-citizen should be less than for a citizen because a citizen bears the responsibility of not acting with the country's enemies.

    I think Padilla is lucky to have escaped with his life.

    Parent

    He has no life, Jim (5.00 / 1) (#69)
    by Dadler on Fri Aug 17, 2007 at 02:12:43 PM EST
    Are you really incapable of understanding what that kind of treatment and isolation does to the human mind?

    He's been dead for years.

    Parent

    ppj advocated hanging him ... (5.00 / 0) (#107)
    by Sailor on Fri Aug 17, 2007 at 04:46:37 PM EST
    ... before he even had a trial.

    Parent
    Let's see the comment, sailor (none / 0) (#110)
    by jimakaPPJ on Fri Aug 17, 2007 at 05:02:04 PM EST
    If I remember I said citizens deserve a trial.

    Now be sure to quote all of it. You have a history of such actions.


    Parent

    I posted it twice ... (5.00 / 0) (#119)
    by Sailor on Fri Aug 17, 2007 at 07:02:00 PM EST
    ... but as always you rely on Jeralyn to delete comments that you disagree with.

    ppj's site, ppj's rules.

    Things just disappear.

    Parent

    sailor (1.00 / 0) (#126)
    by jimakaPPJ on Fri Aug 17, 2007 at 09:07:47 PM EST
    So you are saying that I said hang Padilla, and TL deleted it??

    Lol.

    Parent

    Dadler (1.00 / 2) (#109)
    by jimakaPPJ on Fri Aug 17, 2007 at 04:58:57 PM EST
    For a dead man he appears to be rather healthy.

    Dadler, how about less worry about a wannabee terrorist who planned and wanted to do terrible things and more worry about the people he wanted to kill.

    He deserves nothing but contempt. In most societies he would have been hung as soon as they thought they had all of the intelligence he knew.

    That we did not speaks to our greatness.

    Parent

    Again, you miss the entire point (5.00 / 1) (#112)
    by Dadler on Fri Aug 17, 2007 at 05:21:08 PM EST
    I can hold more than one contradictory feeling in my brain and once, perhaps you can't.  Part of what makes like hard to live is the difficult ironies one faces.  We treated Padilla as subhuman and in the process further eroded what little moral credibility we had left.  A just society treats people better than that.  

    You act as if having a heart beat and "looking normal" means he's healthy and alive and just fine.  What you must know about mental illness could fit in a thimble.  Serial Killers all look and seem normal, Jim.  That's how they get away with it.

    No treatment this guy received is becoming a free nation.  Period.  You act as if every end justifies every means.  I thought you believed in Jesus and his teachings.  He'd be disgusted with the treatment this man received.  


    Parent

    dadler (1.00 / 1) (#116)
    by jimakaPPJ on Fri Aug 17, 2007 at 06:37:31 PM EST
    Nope. Not true.

    Laying aside the appearance issue...

    We treated Padilla as Padilla treated himself, and as Padilla treated us. His actions were self destructibe, and his actions show a clear intent to kill scores of people.

    Again. This is not an attempted robbery of a 7-11, this is an attempt to conspire to kill thousands, if not hundreds of thousands.

    Parent

    That is not the standard (5.00 / 1) (#118)
    by Molly Bloom on Fri Aug 17, 2007 at 07:01:01 PM EST
    We treated Padilla as Padilla treated himself, and as Padilla treated us.



    Parent

    Heinous acts demand careful justice (5.00 / 1) (#80)
    by tnthorpe on Fri Aug 17, 2007 at 02:55:53 PM EST
    I'm glad to see a potentially dangerous terrorist off of the streets, if indeed that's what Padilla was. But the controversy over his trial is about the miscarriage of the implementation of justice, not over whether he's a Boy Scout or not. Serious charges demand the utmost clarity in the implementation of justice. Think of the Nuremburg Trials. How much moral value or legal authority would they have had if run in the same manner as the Padilla case, with changing charges and venues as fitted the prevailing mood of the Bush Administration? Bush has no right to suspend a citizen's rights without any recourse to a neutral magistrate. Sandra Day O'Connor noted that a war is not a blank check for the executive branch. Such a fundamentally un-Constitutional power makes us all less secure, which is what this controversy is about.

    Parent
    Couple of things (5.00 / 1) (#115)
    by LarryE on Fri Aug 17, 2007 at 06:19:32 PM EST
    First, your link is busted. The correct link ends in .html, not .htm.

    Second, huh??

    While much of the above was not presented at the trial because the government obviously didn't want to reveal some of it

    The entire quote was from a flipping official news conference! What in heaven's name do you mean, "didn't want to reveal it?"

    Third, the government claims in effect to have a detailed confession of the worst crimes accused, but don't pursue it when they'd actually have to put up or shut up? That raises no red flags for you?

    Fourth, by your own admission, none of this was presented at trial, he wasn't even accused of it. Jurors are supposed to decide based on what they're presented with, not with what a prosecutor said somewhere else that someone said. The evidence presented at trial against Padilla was thin at best.

    So I stand by what I said: I don't know if he's guilty (and no, I place little faith in press conference statements of the prosecution which never appeared in a forum when they had to be supported and could be properly challenged). I do know he was tortured, did not get a fair trial, and was convicted in a rush to judgment.

    Parent

    Link is fixed (1.00 / 1) (#117)
    by jimakaPPJ on Fri Aug 17, 2007 at 06:46:55 PM EST
    My point remains. Many of these points were not brought up in the trial. As I noted, perhaps some because they didn't want to bring up the "treatment" issue. And also perhaps they didn't want to compromise some other intelligence.

    Either way they had enough to convict.

    If you choose to believe that he is NOT guilty after all the evidence, be my guest.

    There is nothing I can do for you.

    BTW - Can you tell me what was no fair about his trial??

    Parent

    You just don't get it (5.00 / 1) (#123)
    by tnthorpe on Fri Aug 17, 2007 at 07:21:56 PM EST
    Justice isn't revenge and it isn't a rush to the lowest possible standards of jurisprudence. In America, holding a citizen without any recourse to legal counsel is a perversion of justice, no matter what that person is accused of. Holding an accused person based on what the executive branch says without any independent magistrate to substantiate the claim is illegal, unless the eight centuries of habeas need to be discarded because as Bush never tires of saying, "they hate us for our freedom."  Torturing someone mad based on the unchallenged assertions of the executive branch is beyond despicable. It is because terrorism is serious that we need to be serious about how we prosecute terrorists. The Padilla affair is a fiasco brought about by the overreaching of the imperial presidency, which disdains such niceties as due process as a sign of weakness. I trust people who respect the law more than some chickenhawk cowboy with fanciful ideas about an unaccountable "unitary executive" whose simple word is law because of a so-called "global war on terror."

    Parent
    tnthorpe (1.00 / 1) (#124)
    by jimakaPPJ on Fri Aug 17, 2007 at 08:45:53 PM EST
    Torturing someone mad based on the unchallenged assertions of the executive branch is beyond despicable.

    As I noted to Peaches, I keep hearing these claims, but I haven't seen a source about "torture" that I would consider factual. Now, since it is claimed so often, I am sure you can provide me a link or two or three.

    As for "mad," I don't believe that the Doctor who examined him said he was insane. Here again I invite a link correcting my knowledge. (DA? Are you there??)

    As I note again, I have supported full up US CJS trials for citizens. That he received.

    BTW - Are you saying that his trial was unfair? Are you saying he innocent?

    Parent

    Learn to use Google would you? (5.00 / 1) (#125)
    by tnthorpe on Fri Aug 17, 2007 at 08:58:09 PM EST
    The main issue before U.S. District Judge Marcia Cooke is not whether Padilla is sane, but whether he can assist his lawyers in mounting their defense against charges that he belonged in the 1990's to a North American Muslim extremist "jihad" cell bent on killing people.

    Two defense-hired doctors believe he is not. But prosecutors contend Padilla understands what is happening in the case and suggest he is "malingering," or in other words, faking symptoms so he does not have to face a trial, which is now scheduled for April

    "Mr. Padilla is very anxious about appearing crazy," Dr. Angela Hegarty testified.

    After Padilla was moved to Miami in November 2005, Hegarty spent 22 hours with Padilla, but none since last September.

    She said he rocks back and forth in his chair, has involuntary facial ticks, breaks out in sweat, and verbally shuts down when asked to discuss this three-and-half years in the naval brig or his telephone conversations the government wiretapped. "Please, please, please," he begged Hegarty in one session, "Don't make me do this."

    In a one sentence affidavit, Padilla asserts that allegations of abuse at the hands of his military captors are true. His lawyers say Padilla was consistently deprived of sleep, reading materials, and any companionship, always eating alone in his cell, his only respite a few hours of recreation a week in an outdoor cage. He was otherwise shielded from daylight, subjected to harsh lights 24/7, bombarded with heat and cold air and noxious fumes, according to court papers.

    Dr. Hegarty diagnoses Padilla as suffering from Post-Traumatic Stress Disorder with a small case of Stockholm Syndrome, meaning, in refusing to cooperate with his attorneys, Padilla identifies more with his captors and worries the legal proceedings are unfair to the government.

    "He lacks the capacity to assist counsel in this case," Hegarty said, adding that his current conditions of confinement in the high security unit of Miami's federal detention center - near total isolation, sensory deprivation, and lack of privacy - "exacerbate" the problems.

    That diagnosis is echoed by Dr. Patricia Zapf, a clinical forensic psychologist who developed the standard test used to determine mental fitness for trial and examined Padilla last October.
    This is from http://www.cbsnews.com/stories/2007/02/24/cbsnews_investigates/main2510272.shtml

    This from the Christian Science Monitor
    US terror interrogation went too far, experts say
    Reports find that Jose Padilla's solitary confinement led to mental problems.

    By Warren Richey | Staff writer of The Christian Science Monitor
    from the August 13, 2007 edition http://www.csmonitor.com/2007/0813/p01s03-usju.html

    I can send you dozens of such links.

    As for your latter questions, please read my post carefully. I make no claims about the trial, only about what our government failed to do correctly.

    I don't know what counts for factual in your world, but the diagnosis of medical professionals suits me just fine.


    Parent

    You claimed he was "mad" (1.00 / 1) (#127)
    by jimakaPPJ on Fri Aug 17, 2007 at 09:26:35 PM EST
    disordered in mind : INSANE

    Say what you mean.

    Here's a link

    US denies Padilla torture allegations

    In a one sentence affidavit, Padilla asserts that allegations of abuse at the hands of his military captors are true

    Well, that is a startling comment, and just so well backed up with evidence.

    Now why would he lie? To save his arse? To follow orders?

    When Al-Qaeda operatives are jailed, they are told to claim that they have been tortured. From the Al-Qaeda playbook:

    1. At the beginning of the trial, once more the brothers must insist on proving that torture was inflicted on them by State Security [investigators ]before the judge.
    2. Complain [to the court] of mistreatment while in prison.

    3......

    And then your coup de grace (heh)

    Two psychiatrists and a psychologist who conducted detailed personal examinations of Mr. Padilla on behalf of his defense lawyers say his extended detention and interrogation at the US Naval Consolidated Brig in Charleston, S.C., left him with severe mental disabilities. All three say he may never recover.

    What a surprise!!!

    Now. Do you have any facts? I mean claims are great, but I see no FACTS.

    Have a nice day. And remember what the Judge said:

    MIAMI - A Miami federal judge rejected a motion by alleged al Qaeda operative Jose Padilla to dismiss terrorism charges against him over claims he was tortured in U.S. military custody.

    Have a nice day.

    Parent

    What on earth counts as fact in your world? (5.00 / 1) (#128)
    by tnthorpe on Fri Aug 17, 2007 at 09:46:25 PM EST
    You refuse any evidence that doesn't conform to your misconstrual of the controversy. Experts in the field claim that Padilla was tortured and that the torture has driven him insane.
    What about this professional testimony fails your "fact" test?
    "Dr. Hegarty diagnoses Padilla as suffering from Post-Traumatic Stress Disorder with a small case of Stockholm Syndrome, meaning, in refusing to cooperate with his attorneys, Padilla identifies more with his captors and worries the legal proceedings are unfair to the government.

    "He lacks the capacity to assist counsel in this case," Hegarty said, adding that his current conditions of confinement in the high security unit of Miami's federal detention center - near total isolation, sensory deprivation, and lack of privacy - "exacerbate" the problems."
    Are you a psychiatrist? A mental health professional? If you look in the DSM IV, that is the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, you will find that PTSD is a mental disorder of that results in various incapacities. In Padilla's case it has rendered him mad, which is what I claimed and exactly what I meant.
     As for your claim about Padilla using standard AlQuaeda counter-interrogation techniques, am I supposed to believe that three highly professional and well-respected doctors are also in league with the terrorists?
    Of course, I'm sure no expert's testimony or the standard used by the mental health profession will qualify as fact. But since I can't convince you to be rational, all I can do is suggest you go out and have yourself a real nice day.

    Parent

    Nothing counts as facts in his world. (5.00 / 1) (#130)
    by Edger on Fri Aug 17, 2007 at 10:11:19 PM EST
    He's the house troll, his purpose is to waste your time. He's been through all of this many times with others and remains in denial.

    Parent
    Facts for you to ignore. Again. (none / 0) (#129)
    by Edger on Fri Aug 17, 2007 at 10:09:06 PM EST
    The Bush Administration's Torture of U.S. Citizen Jose Padilla
    Glenn Greenwald
    He was kept in a unit comprising sixteen individual cells, eight on the upper level and eight on the lower level, where Mr. Padilla's cell was located. No other cells in the unit were occupied. His cell was electronically monitored twenty-four hours a day, eliminating the need for a guard to patrol his unit. His only contact with another person was when a guard would deliver and retrieve trays of food and when the government desired to interrogate him.

    His isolation, furthermore, was aggravated by the efforts of his captors to maintain complete sensory deprivation. His tiny cell - nine feet by seven feet - had no view to the outside world. The door to his cell had a window, however, it was covered by a magnetic sticker, depriving Mr. Padilla of even a view into the hallway and adjacent common areas of his unit. He was not given a clock or a watch and for most of the time of his captivity, he was unaware whether it was day or night, or what time of year or day it was.

    In addition to his extreme isolation, Mr. Padilla was also viciously deprived of sleep. This sleep deprivation was achieved in a variety of ways. For a substantial period of his captivity, Mr. Padilla's cell contained only a steel bunk with no mattress. The pain and discomfort of sleeping on a cold, steel bunk made it impossible for him to sleep. Mr. Padilla was not given a mattress until the tail end of his captivity. . .
    ...
     Mr. Padilla's dehumanization at the hands of his captors also took more sinister forms. Mr. Padilla was often put in stress positions for hours at a time. He would be shackled and manacled, with a belly chain, for hours in his cell. Noxious fumes would be introduced to his room causing his eyes and nose to run. The temperature of his cell would be manipulated, making his cell extremely cold for long stretches of time. Mr. Padilla was denied even the smallest, and most personal shreds of human dignity by being deprived of showering for weeks at a time, yet having to endure forced grooming at the whim of his captors.

    A substantial quantum of torture endured by Mr. Padilla came at the hands of his interrogators. In an effort to disorient Mr. Padilla, his captors would deceive him about his location and who his interrogators actually were. Mr. Padilla was threatened with being forcibly removed from the United States to another country, including U.S. Naval Base at Guantanamo Bay, Cuba, where he was threatened his fate would be even worse than in the Naval Brig.

    He was threatened with being cut with a knife and having alcohol poured on the wounds. He was also threatened with imminent execution. He was hooded and forced to stand in stress positions for long durations of time. He was forced to endure exceedingly long interrogation sessions, without adequate sleep, wherein he would be confronted with false information, scenarios, and documents to further disorient him. Often he had to endure multiple interrogators who would scream, shake, and otherwise assault Mr. Padilla.

    Additionally, Mr. Padilla was given drugs against his will, believed to be some form of lysergic acid diethylamide (LSD) or phencyclidine (PCP), to act as a sort of truth serum during his interrogations.

    Padilla Torture Claims Detailed
    It was someone very close to me, serving the last of several enlistments in the US Navy to include SEAL school, who initially brought the torturing of detainees to my attention back when we all first saw the photos of folks in orange jump suits kneeling behind fences at GITMO. He asked, "You know those guys are being tortured, don't you?" "Huh?!" I replied, not understanding the effects and goal of the stress position. He then went on to tell me exactly how it works, ending with, "Go kneel on your driveway like that for four hours, if you can make it that long, and see if you can even walk afterward." He also told me of the treatment of intercepted Haitian refugees at the hands of Navy personnel that I would consider torture.

    For any of you who may be interested and missed them, check out the relevant interrogation manuals available at George Washington University's National Security Archive ("Prisoner Abuse: Patterns from the Past"), especially the 1963 KUBARK* manual. The gist of the military's post-WWII/Vietnam era approach was to use advances in psychology and related fields to switch to indirect methods that force the person being tortured to fight against themself instead of having a torturer upon whom to direct their attention: self-defeat being more complete and effective than defeat by another which may include external resistance and resentment. Thus the introduction of stress positions, and other passive, non-aggressive measures instead of hot lights and rubber hoses. Apart from the more complete capitulation and destruction of the tortured, the side benefit is that to many outside observers the techniques do not look like torture or even cruel and unusual punishment (fraternity pranks, anyone?).

    *CIA, KUBARK Counterintelligence Interrogation
    Under the subheading, "Threats and Fears," the CIA authors note that "the threat of coercion usually weakens or destroys resistance more effectively than coercion itself. The threat to inflict pain, for example, can trigger fears more damaging than the immediate sensation of pain." Under the subheading "Pain," the guidelines discuss the theories behind various thresholds of pain, and recommend that a subject's "resistance is likelier to be sapped by pain which he seems to inflict upon himself" such rather than by direct torture. The report suggests forcing the detainee to stand at attention for long periods of time.
    More that you've ignored at Talkleft: here and here.

    Parent
    And you would deny it is torture, ppj (3.00 / 1) (#131)
    by Edger on Fri Aug 17, 2007 at 10:26:02 PM EST
    right up until it was done to you, then you would scream bloody murder.
    --Jen M, replying to you, ppj, Dec 04, 2006 - which you also ignored.

    Parent
    Edger is misleading and has no facts (1.00 / 1) (#136)
    by jimakaPPJ on Sat Aug 18, 2007 at 11:10:39 AM EST
    Your comment  leads with  a Link that says "The Bush Administration of U.S. Citizen Jose Padilla. Directly below that is the name "Glenn Greenwald," followed by quite a bit of material in quotes.

    A reasonable person would believe that the link would go to an article written by Greenwald. Yet the link goes to Lew Rockwell's site. Where we find the name Greenwald's name again at the top of the page. Yet when we clock on it, it goes to Yahoo.

    Being curious, I went to advanced google search and typed  in "Glenn Greenwald and the first words of the (?) article. I found this:
    Link

    I then start reading Greenwald's article..... But wait!  What do I find?

    Padilla's Brief details the treatment to which he was subjected:

    In an effort to gain Mr. Padilla's "dependency and trust," he was tortured for nearly the entire three years and eight months of his unlawful detention. The torture took myriad forms, each designed to cause pain, anguish, depression and, ultimately, the loss of will to live. The base ingredient in Mr. Padilla's torture was stark isolation for a substantial portion of his captivity.

    For nearly two years - from June 9, 2002 until March 2, 2004, when the Department of Defense permitted Mr. Padilla to have contact with his lawyers - Mr. Padilla was in complete isolation. Even after he was permitted contact with counsel, his conditions of confinement remained essentially the same.

    He was kept in a unit comprising sixteen individual cells, eight on the upper level and eight on the lower level, where Mr. Padilla's cell was located. No other cells in the....

    That is a claim. Nothing else. Worse, you try and hide that by linking to a site that doesn't have a working link to Greenwald.  Why didn't you identify the quote as being from Padilla's brief about allegations of torture?  That is misleading at best.

    What we have here is the old propaganda  game of repeating a claim until it is accepted as fact. Shameful.


    Parent

    You cannot be serious (5.00 / 1) (#144)
    by tnthorpe on Sat Aug 18, 2007 at 03:27:18 PM EST
    This from the guy who links to JihadWatch. Has anyone looked at what passes for commmentary on that site? It's a disgusting mishmash of xenphoboic garbage, ignorance, and jingoism. And he has the temerity to rant about claims not being facts. Talk about the pot calling the kettle black.....

    Parent
    tnThorpe (1.00 / 1) (#146)
    by jimakaPPJ on Sat Aug 18, 2007 at 10:08:43 PM EST
    The link was the link. You may choose to disregard the claim that al-Qaida trains their agents to scream torture if caught, but if I was the headshed that would definitely be in my bag of tricks.

    Be that as it may, my central point remains.

    You still have not provided any proof of torture.

    BTW - What do you think of Lew Rockwell?

    Parent

    All the proof I need... (5.00 / 1) (#148)
    by tnthorpe on Sat Aug 18, 2007 at 11:30:11 PM EST
    "The link was the link": not much of defense of the nonsense on that site. As for screaming torture, are you telling me that 3 highly trained mental health professionals simply fell for a con job? That psychologists and psychiatrists are just easily fooled by some nefarious terrorist who somehow knows how to work them? That would be laughable if you were.
    Now let me see, the gov't admits it held Padilla without charging him for over 3 years in a Navy Brig and other facilities, much of that time in solitary confinement without recourse to any of the protections of habeas corpus. Who could "prove," as you stipulate, torture except those who were responsible for it or part of the system that did so? Nobody else was allowed to see him! Besides, as is well known, this administration has "redefined" its interrogation techniques to include practices that formerly were considered torture by calling them something else or using the illegal practice of extraordinary rendition to allow a willing government to do so in our stead. (see http://writ.news.findlaw.com/commentary/20040824_leavitt.html at FindLaw.com on the def. of torture. Read about the Canadian citizen Maher Arar's experience with extraordinary rendition and torture. Read THE TORTURE PAPERS by K. Greenberg and J. Dratel for a sobering history of this sorry state of affairs.)
    You do realize that the charges Padilla was convicted on are far different from those trumpeted when he was captured. He was convicted on charges that did not allude to any "dirty bomb" plot, but to foreign conspiracy, a charge much easier to prosecute. The NYT covered that nicely today. This could have been a case that displayed the integrity of our system of law, but instead the Bush Administration has ignored the law and gamed the system.  This is why Padilla's case is a fiasco and his verdict hardly a victory. As I have said before, the terrorist threat is serious but that is no excuse for the Bush Administration's flouting of the law. Our  legal system works, but the Bush Administrations reckless drive toward an unaccountable "unitary executive" is breaking it apart and in the process destroying its credibility. Our credibility and integrity are our most important national assets and not easy to restore when damaged.

    Parent
    You know, this is not a court room (1.00 / 1) (#152)
    by jimakaPPJ on Sun Aug 19, 2007 at 10:13:57 AM EST
    so I have no idea why you think I should have to defend any link. As I said, the link is the link.  You may chose to be rational and say, "On this specific point I agree," or you can say that the link as a whole offends your various biases and ignore the information.

    So, it you don't think that al-Qaeda trains its members to scream torture when captured and held, be my guest.

    When Padilla was arrested he had $10,000 in cash, a cell phone and a list of cell numbers and email addresses of known al-Qaeda members. Where did all this come from, and why did he have them?

    And although this has been explained time and again, let me again note two obvious facts.

    1. The government did not want to expose all of the intelligence information it had acquired from Padilla, so they chose not to present it. Why?

    2. They correctly believed they had enough evidence to convict him of charges that would put him away for life without exposing this information.

    As to your "mental health experts." I again note:

    1. I have never seen an "expert witness" for the defense that disagreed with the defense.

    2. Padilla may be relatively uneducated but he is not stupid. He demonstrated a great deal of native intelligence by his travels and survival in foreign lands while learning Arabic in a short period of time.

    3. People see what they want to see. That includes you, me and "mental health experts." That makes no one "bad," just "people."

    In the end you revert to the tried and true attacks on the Bush Administration with the usual cries that the world is coming to an end.

    What nonsense.

    The question is, has been and will be, what can be done with US citizens charged with terrorist activities against the US as agents of a foreign power. How can we protect their rights while giving us enough time to acquire intelligence information from them? That is an activity that can take a lengthy amount of time to determine if the information is correct. Worse, exposure of such information can expose in place human spies that work for us. Remember that. And remember that we had almost no in place agents in the ME prior to 9/11. Instead we relied on electronic surveillance and a select few dissidents that we now know had an agenda.

    Do you understand that if there had been a real IN PLACE human intelligence network in the ME 9/11 most likely would not have happened, and we certainly would not have invaded Iraq??

    And that, as we try to establish one, a couple of exposures by our publishing intelligence obtained from a captured terrorist will destroy any chance of us putting one in place?

    Bush declared Padilla an illegal combatant and lumped him in with his chosen brothers. The SC ruled otherwise. This must be resolved.

    You evidence no thoughts about these important issues.

    In the end you flounder and hee and haw, but you offer no proof. Articles and claims prove nothing. Absent that all you are doing is displaying an unreasonable amount of sympathy for a convicted terrorist wannabe.

    Why is a mystery to me.

    Parent

    Still not getting it PPJ (none / 0) (#157)
    by tnthorpe on Sun Aug 19, 2007 at 11:55:30 AM EST
    see post below where it's easier to read.

    Parent
    You are full of crap (none / 0) (#137)
    by Edger on Sat Aug 18, 2007 at 11:55:58 AM EST
    as usual.

    Parent
    Proof, edger, proof (1.00 / 1) (#147)
    by jimakaPPJ on Sat Aug 18, 2007 at 10:11:31 PM EST
    You have provided none.

    Parent
    jury trials (1.00 / 1) (#5)
    by diogenes on Thu Aug 16, 2007 at 10:41:17 PM EST
    So all these terror defendants simply need to waive their right to a jury trial, right?

    Maybe (5.00 / 1) (#6)
    by roger on Thu Aug 16, 2007 at 10:58:39 PM EST
    a jury that did the job that they swore to do would be a better alternatve

    Parent
    hmmm (1.00 / 0) (#14)
    by Deconstructionist on Fri Aug 17, 2007 at 07:41:14 AM EST
    So,  after all the demands he be accorded the right to trial by jury, the jury is at fault for convicting him? I wonder how many here  would be castigating the jury if it acquitted him in the same or less time. Call me a cynic, but I'd lay good money on the propositiojn that people here would be shouting about how the "quick" verdict proved the case was weak and Padilla was an innocent.

    The jury was not only wrong, but at best lazy and callous, perhaps really stupid and ignorant and very likely corrupt? And you guys make these judgments without the jury getting a trial where you are presented WITH EVIDENCE to support your judgments which you confidently reach despite not having spent one second in the courtroom during the trial during which the jury heard hours and hours of testimony.

       The jury system isn't perfect, but it's a heck of a lot better than the "if the jury does not ratify my entirely emotionally based prejudices it's lazy,  stupid and corrupt" system of judgment.

    Did you even read Jeralyn's post? (5.00 / 0) (#15)
    by Edger on Fri Aug 17, 2007 at 07:48:57 AM EST
    Over 3 years locked up.... (5.00 / 1) (#20)
    by kdog on Fri Aug 17, 2007 at 09:17:28 AM EST
    without seeing a courtroom isn't evidence?  I'm a layman, no lawyeer, but I think that's a violation of Padilla's most basic rights.

    That's the evidence I'm using to make the judgement that Jose Padilla should have been freed a long time ago.  Nothing more, nothing less.  The government broke the rules without consequence....no wonder the rules are a big fat joke to me.  Some animals are more equal than others....

    Parent

    Yes, (1.00 / 1) (#16)
    by Deconstructionist on Fri Aug 17, 2007 at 08:14:34 AM EST
      and my post was partially in response to her and partially in response to the other comments.

      Where is a single attempt  even to assert that the evidence was insufficient for a rational trier of fact to conclude that any essential element of any offense of conviction was not proven? where is any support for the suposition that the jury did not comprehend the law it was to apply to the facts it found? You do understand that the judge read the instructions to the jury and the lawyers on both sides had closing arguments in which they explained the applicable law and argued for or against the proposition the evidence was sufficient to establish the elements?

       All I  see are transparent attempts to explain away an outcome that challenges some deeply held prejudices by making rash accusations with NO EVIDENCE. Berating a jury simply because it convicted a man you wished to see acquitted without ANY substantive support for the argument he was not guilty of the offenses charged is demagoguery.

    Two things (5.00 / 0) (#18)
    by Edger on Fri Aug 17, 2007 at 08:44:12 AM EST
    You made the untrue and disingenuous (or purposeful?) insinuation that people here have demanded this type of sham show trial, when anyone who has been reading and commenting here for as long as you have would know that that is untrue and that what people here have been demanding is that Padilla should have been charged within a day or two of his arrest and received that same right to a speedy trial that you would (I hope) expect for yourself or for any other American, and that what people here have been up in arms about is the treatment Padilla has received all along in flagrant abuse of his constitutional rights as an American citizen, the years of imprisonment and torture, and that fact that most of those were without charges or proper criminal proceedings, with your statement:

    So, after all the demands he be accorded the right to trial by jury, the jury is at fault for convicting him?

    You then when questioned throw out a feeble attempt at diversion with...

    Where is a single attempt  even to assert that the evidence was insufficient for a rational trier of fact to conclude that any essential element of any offense of conviction was not proven?

    ... when you know, or should if you hade read the post, that "jury [came] back with a guilty verdict after a day and a half of deliberation .... It takes longer than that to comprehend the jury instructions. The instructions in Padilla's case were 42 pages long"

    The evidence MAY HAVE been insufficient for a rational trier of fact to conclude that any essential element of any offense of conviction was not proven.

    It would have been nice if the JURY had taken the time considered the evidence.

    But they did not even make an attempt at appearing to have taken the time to consider the evidence, and if you any kind of a lawyer you'd know that.

    This "trial", if if it even deserves that designation, was a sham and a show from the beginning to blind you and the rest of the gullible neocons and keep on selling you the "war on terror" fantasy.

    Parent

    Decon, (3.00 / 1) (#23)
    by Peaches on Fri Aug 17, 2007 at 09:25:11 AM EST
    You're position has been one that consistently defends the jury in many cases during your time here at TL. I happen to appreciate this perspective. I don't want to blame the jury here anymore than I want to blame individual soldiers for the war in Iraq - even the attrocities committed during the war such as Abu Ghraib or Haditha.

    I think my problem with this case is not the jury, but the government's handling of it. I don't think you share completely the perspective as Gabe M. does on this case, but the criminal justice system here in the US is comprised of much more than the Jury trial and the way that Padilla was arrested, held, and tortured was a grave miscarriage of justice and the jury verdict in this case pours salt on the wounds that the government opened up when they began pursuing this case to begin with.

    Parent

    The jury deserves scorn.... (5.00 / 1) (#24)
    by kdog on Fri Aug 17, 2007 at 09:35:39 AM EST
    A soldier in Iraq who decides he/she doesn't wanna be an occupier can't go and do the right thing without getting themselves locked up....this jury, on the other hand, had the chance to do the right thing with no consequences, but they didn't.

    Unless they were all living under a rock, they all knew that this poor slob was locked up and tortured for over 3 years....but they found him guilty anyway.  

    Parent

    Perhaps, Kdog (1.00 / 1) (#25)
    by Peaches on Fri Aug 17, 2007 at 09:39:38 AM EST
    but, juries also take their responsibility seriously, and that includes following the instructions of the judge. The judge instructed them not to take into account how Padilla was treated while being held and to only weigh the evidence presented to them at the trial. Since, I was not there and was not partial to this evidence, I am not going to blame the jury. I blame the government.

    Parent
    Some jurors take it seriously.... (5.00 / 1) (#26)
    by kdog on Fri Aug 17, 2007 at 09:58:12 AM EST
    some just daydream until they can vote guilty and get back to their lives.  In Jeralyn's opinion, this jury didn't deliberate nearly long enough to illustrate they took it seriously...I'm inclined to believe that.

    Maybe "blame" ain't the right word...I blame the government, and I am very dissapointed and saddened by that jury.  Apparently liberty doesn't mean sh*t to them.

    Parent

    It's nice when someone (1.00 / 0) (#53)
    by Deconstructionist on Fri Aug 17, 2007 at 12:28:23 PM EST
    gets the point.

      Criticism of the administrations treatment of Padilla from the time he was detained until the time he was grudgingly accorded basis due process in  a court is, in my opinion, entirely warranted/

      It should be noted that the prosecutors were prohibited from admitting some evidence relevant to these charges and perhaps others that were foregone because of the way the Adminisstration handled Padilla. The jury convicted him of these specific charges based on evidence ruled admissible.

      It is a logical fallacy to say that because the Administration violated Padilla's rights that the jury acted with anything other a desire to consider the evidence fairly and apply the law to it.

    Parent

    That's where we differ.... (5.00 / 1) (#55)
    by kdog on Fri Aug 17, 2007 at 12:39:15 PM EST
    Right or wrong, I was hoping the jury would do what I would have done...ignore the instructions they were given and do the right thing for the sake of liberty.

    Parent
    Well jurors have that ability (none / 0) (#56)
    by Deconstructionist on Fri Aug 17, 2007 at 12:55:19 PM EST
      but that's NOT considering the evidence fairly and applying the law to it.

      The thing you should bear in mind is that if we encourage "jury nullification" in cases in which, for political reasons,  we want people acquitted, we are by extension inviting juries to ignore the facts and law to acquit other people whome we might desire be convicted (for political or other reasons) and maybe more frighteningly inviting jurors to CONVICT people for political reasons where the application of the letter of the law to the admissible evidence might warrant acquittal.

      Process and the rule of law are not things to be dismissed lightly in any case without considering the bigger picture.

      The problem here is the "extra-judicial" conduct of the Administration prior to Padilla's being charged in civliian court with a violation of an existing statute. The jury could have decided that in this case "two wrongs make a right" but it did not and I don't think criticism of it for concluding Padilla violated the law is even slightly warranted.

    Parent

    Its also important (none / 0) (#58)
    by Peaches on Fri Aug 17, 2007 at 01:02:56 PM EST
    to bear in mind that all jurists are different and the instructions that Kdog might choose to ignore are different from the ones, say, ppj might ignore.

    Padilla's lawyer,

    ANDREW PATEL: Well, it made things very difficult for us, because there was a tremendous amount of testimony or evidence that the jury heard. For example, the government introduced at the trial a portion of the CNN interview with Osama bin Laden. And the jury was instructed that they could not consider that as to Mr. Padilla. But, you know, what a jury is told, we always presume that they'll follow the instructions, but that is a very powerful piece of prejudicial evidence, that if Mr. Padilla were tried by himself, the jury would not have heard.

    I think it is well known that juries often ignore instructions, or at least, subconsciously set them aside when convenient. Having a jury that can follow instructions of judges is important for justice in our country in my opinion and I agree with Decon that trials are fairer when juries do. The problem is when these instructions are faulty and I hope that the appeal process might eventually bear some of this out. I not betting on it, just hoping.

    Parent

    The problem there is (none / 0) (#59)
    by Deconstructionist on Fri Aug 17, 2007 at 01:18:36 PM EST
      the problem (or benefit if you are a prosecutor) with rules heavily favoring joinder of defendants and establishing an extremely high burden of establishing prejudice  on a defendant seeking severance.

       I disagree with many results of the joinder/severance rules and case law, but those cut across the board and disadvantage all types of defendants in cases involving multiple actors and are not the result of "political" animosity or favrotism as to particular individuals.

     

    Parent

    Again (none / 0) (#61)
    by Peaches on Fri Aug 17, 2007 at 01:26:42 PM EST
    in non-lawyer speak, please.

    I could only make out a small portion of what you are saying. Sorry.

    Parent

    I'll try (none / 0) (#65)
    by Deconstructionist on Fri Aug 17, 2007 at 01:51:43 PM EST
      The basic rule is that people who are charged in the same indictment will be tried together (jointly). That, of course begs the question of whom may may be charged in the same indictment. Basically any persons ALLEGED to have participated in the same act or series of acts . A particular defendant might be involved only in one of a long series of "criminal acts" and might find himself at trial with numerous co-defendants many of whom he doesn't even know who engaged in many more (and perhaps worse)acts. Obviously the guilt by association factor comes into play as well as the problem the jury hears a whole bunch of bad stuff that had nothing to do with your client.

       Usually, if one requests "severance" (a seperate trial) one will be denied because that type of argument is not enough to establish "prejudice" as defined by the courts who generally find that limiting instructions (e.g., you are not to consider this evidence against Defendant A but only against Defendants B, C....) Moreover, because of the incredibly broad concept of "conspiracy"  one might not always even be entitled to a limiting instruction.

       Often, even showing that you and one or more co-defendants intend to present conflicting defenses won't suffice to obtain severance. Short of showing that for some reason a joint trial deprives one of a material defense or testimony it's likely to be a joint trial no matter how tenuous the thread tying the whole case together.

       (This is a HUGE oversimplification but you get the idea)

    Parent

    Thanks, (none / 0) (#66)
    by Peaches on Fri Aug 17, 2007 at 01:58:18 PM EST
    I get it now.

    Parent
    So kdog, the jury should have acted (none / 0) (#57)
    by sarcastic unnamed one on Fri Aug 17, 2007 at 12:56:56 PM EST
    on its personal "beliefs" about liberty and disregarded the facts of the case?

    Would you be as supportive of, say, a religious person who disregarded the facts of a case and deferred to his "beliefs?"

    How about if Ken Lay was on the jury of a guilty-as-sin white collar criminal trial and he disregarded the facts of the case and deferred to his personal "beliefs about what's right and wrong for a corp executive?"

    Or do you only support a person's "beliefs" if they are in alignment with yours?

    Parent

    The jury should have.... (none / 0) (#63)
    by kdog on Fri Aug 17, 2007 at 01:35:33 PM EST
    considered the facts they were instructed not to consider...yes.  I'm not asking them to disregard facts at all, I'm asking them to consider facts they were forbidden to consider, I think there is a difference.

    I support my beliefs, and the right of others to have different beliefs.  Everybody needs to look in a mirror and sleep at night, same as I do.  What I can't do is blindly follow rules and instructions when my conscience tells me not to follow them.

    Parent

    kdog - Don't make things up. (1.00 / 1) (#68)
    by jimakaPPJ on Fri Aug 17, 2007 at 02:12:41 PM EST
    There is no proof the jury acted improperly.

    Parent
    They found him guilty.... (5.00 / 1) (#71)
    by kdog on Fri Aug 17, 2007 at 02:19:10 PM EST
    thats improper.

    Parent
    Ah, come on. You know better. (1.00 / 0) (#104)
    by jimakaPPJ on Fri Aug 17, 2007 at 04:33:20 PM EST
    You don't... (5.00 / 0) (#105)
    by Edger on Fri Aug 17, 2007 at 04:38:45 PM EST
    Sorry, kdog, (none / 0) (#64)
    by sarcastic unnamed one on Fri Aug 17, 2007 at 01:48:55 PM EST
    but now you are advocating juries take into account information that the jurist's decide is applicable based on the jurist's personal beliefs. This info having previously been deemed by our judicial process as not applicable to he case.

    So, next time you get busted for pot, and all your TL posts in support of drugs are brought to light, but the judge says, "Hey, those TL posts have nothing to do with the charges in this case. Jury must disregard them." it is OK in your opinion for the jury, if they believe your TL posts are applicable, to disregard the judge's instruction and convict you, in part anyway, based on your TL posts?

    Doesn't seem right to me.

    Parent

    The jury in the trial of kdog... (none / 0) (#70)
    by kdog on Fri Aug 17, 2007 at 02:15:59 PM EST
    is gonna consider what they want to consider whether or not I'm ok with it.  That's human nature.  The judge can say all day long "don't consider kdog's TL posts" but in the end each juror is gonna make up their own mind.

    As always, I'm just expressing my own knuckleheaded opinion on this jury and this verdict....that they should have considered what they were instructed not to consider, the single most relevant fact in the case of Jose Padilla, the fact he was confined and likely tortured for 3 years prior to getting a trial.  I always thought when the state does that the state automatically loses and the defendant is set free.  IMO, it's a shame this jury doesn't think that.  

    Who knows, maybe the 12 did consider the torture and unconstitutional confinement in their deliberations against the judge's orders and convicted him anyway.  But I don't wanna believe that, that will make me feel even worse about this sad affair. It's easier for me to stomach that they just followed tyrannical instructions.


    Parent

    I HEAR YA,, BRO! (none / 0) (#73)
    by Peaches on Fri Aug 17, 2007 at 02:25:56 PM EST
    It's easier for me to stomach that they just followed tyrannical instructions.

    In my world if the state tortures a human being that human is set free and given compensation for the torture, as well. The state is automatically wrong and should be punished along with individuals involved.

    Our differences our subtle. I hold outreage for the tyrant and sumpathize with the jurors as pawns in the tyrants game. I wish the jurors had your morals, K, but in reality I don't trust that most citizens do. So, my outrage is at the state who tortured Padilla and then gave instructions to ignore it.

    Parent

    Again I hear ya.... (none / 0) (#79)
    by kdog on Fri Aug 17, 2007 at 02:49:06 PM EST
    But those pawns had a chance to be knights!

    All this reminds me of the story of the radicalization of Karl Hess....when the IRS audited him after Goldwater lost, Hess asked the IRS auditor if a deduction he had made was right, the auditor said it doesn't matter if it is right, only if it's legal.

    That just says it all to me about our government and our rules.

    Parent

    relvant to what? (none / 0) (#74)
    by Deconstructionist on Fri Aug 17, 2007 at 02:29:31 PM EST
    the single most relevant fact in the case of Jose Padilla, the fact he was confined and likely tortured for 3 years prior to getting a trial.  

      Is that fact even slightly relevant to whether or not he knowingly and intentionally committed the acts charged?  I think not.

       If I stand on the corner and shoot  people and then the cops beat the crap out of me,  the cops have done wrong but it does not make it more or less likely that I shot people.  The jury in my case will be trying me for my alleged crime. That's all they are supposed to consider. Now, if the beating persuaded me to make incriminating statements or consent to an otherwise illegal search then any inculpatory evidence gained from the misconduct should be suppressed.

      I should also be permitted to have a DIFFERENT jury hearing a different case decide whether I  am entitled to damages. The police should also be held accountable and brought to justice for their illegal conduct and a DIFFERENT jury should decide whether to convict them of crimes. Also. administrative disciplinary action should be imposed on the cops.

      None of that though should mean I can't be fairly tried for shooting the people if the prosecution has lawfully obtained evidence it believed sufficient to convict under the law.

     

    Parent

    IMO (none / 0) (#78)
    by Peaches on Fri Aug 17, 2007 at 02:47:35 PM EST
    our society should have more safeguards in place against fascism than even murderers or street criminals.

    Somethings are too abhorrent to even contemplate for citizens of a democratic society and one of these things is that the state can come in, hold someone indefinitely, torture them, and then charge them with a crime.

    But, even in the case of a petty criminal or street murderer. In the case where the Haitian immigrant was abused by the police and violated with a toilet plunger, if he had just stood on the street corner and shot 3 people, 7 people, 1000 people, I don't care. Our society should have less tolerance for state sponsored violence against citizens than it does for street criminals and the charges should be thrown out along with indictments against individuals. We cannot have a  functioning democracy where such practices are tolerated.

    Parent

    but kdog, whether or not you're OK with (none / 0) (#75)
    by sarcastic unnamed one on Fri Aug 17, 2007 at 02:34:14 PM EST
    The jury in the trial of kdog is gonna consider what they want to consider whether or not I'm ok with it.
    juries choosing to disregard their instructions based on personal beliefs is the entire point.

    Is it OK for them to disregard their instructions in the Padilla trial based on their personal beliefs, but not in the kdog trial?

    Also, if it is OK for juries to disregard their instructions, then I suppose you are similarly OK with Padilla's jury not even reading their instructions as has been alleged by some here...

    Parent

    OK for juries to disregard their instructions (none / 0) (#76)
    by Edger on Fri Aug 17, 2007 at 02:41:46 PM EST
    based on their personal beliefs?

    I think it probably happens everyday.

    I'm  convinced that is what happened in Jose Padilla's "trial".

    Parent

    the constitution my state ... (5.00 / 1) (#96)
    by Sailor on Fri Aug 17, 2007 at 03:36:26 PM EST
    ... says juries decide the facts and the law. But lawyers aren't allowed to tell them that.

    IRT jury instructions; My dad had a New Yorker cartoon that was a fav of his. One jury is leaning over and whispering to another juror with the caption "well it isn't stricken from my record!"

    Parent

    You're good bro.... (none / 0) (#81)
    by kdog on Fri Aug 17, 2007 at 02:56:28 PM EST
    how bout this....In my book, it is ok to disregard instructions in the interest of justice.  In my book, when an alleged criminal is chained and tortured for 3 years before they get a trial, it is in the interest of justice to let them go free, no matter how heinous their alleged crimes.

    I'm curious...do you think justice was served in this case?

    Parent

    careful.... (5.00 / 1) (#83)
    by locomule on Fri Aug 17, 2007 at 03:08:29 PM EST
    In my book, it is ok to disregard instructions in the interest of justice.
    Whose justice?  Yours?  Mine? Or my insane skinhead neighbor's perverted version?

    The problem with your statement is the possibility that that's exactly what happened - you just disagree with definition of justice.

    Parent

    I didn't realize.... (5.00 / 1) (#85)
    by kdog on Fri Aug 17, 2007 at 03:12:20 PM EST
    there was debate over whether detaining and torturing people without trial is just or not.

    This isn't exactly a case where reasonable people can disagree...if you think the case of Padilla was handled justly you're unreasonable, imo.  The state had no interest in pursuing justice in this case, so it was up to the jury, and they failed.

    Parent

    I completely agree (5.00 / 0) (#114)
    by locomule on Fri Aug 17, 2007 at 06:02:43 PM EST
    with you except on the 'not following the rules' thing.

    As soon as we (any of us) take the law and or its procedures into our own hands then we're no better than, well, some one who takes the law into their own hands.

    My point is simply that for justice to be consistently applied, then all the players, both lay and professional must play by the same rules.  As soon as an individual begins to apply their own interpretation of justice, then the entire system becomes a joke -- as you can see in just the microcosm that is this thread, there are several general interpretations of 'justice'.

    Again, I agree with you that Padilla has been outrageously and illegally treated.  I disagree with you that the jurors should have disregarded their instructions.  

    If he committed a crime, then he should pay the price.  If his captors committed a crime, then they too should pay the price.  Should a defendant get special dispensation because of prior treatment?  That's for the legislature and the court to decide, not the juror.

    Parent

    I get this point..... (5.00 / 1) (#138)
    by kdog on Sat Aug 18, 2007 at 12:37:07 PM EST
    My point is simply that for justice to be consistently applied, then all the players, both lay and professional must play by the same rules.  As soon as an individual begins to apply their own interpretation of justice, then the entire system becomes a joke

    I get it.  But the state didn't follow the rules regarding Jose Padilla.  The Bill of Rights strictly forbids what they did to that man, this is not up for debate, imo.  The state applied their own twisted interpretation of justice outside the law. If we gotta go outside the law to make it right than that is what must be done.

    So if I was on that jury, and wanted to be able to sleep at night after serving on that jury, I would have found him not guilty after considering what the judge said I could not consider.  If that makes the justice system a joke, so be it, I'd argue it already was a cruel joke.

    Parent

    If you're talking about whether he did the (none / 0) (#84)
    by sarcastic unnamed one on Fri Aug 17, 2007 at 03:09:10 PM EST
    crimes he was convicted of, I honestly don't know.

    For him not to be guilty you have to believe the gvt. lied and cheated. For him to be guilty, you have to believe he signed the paper and did all the stuff he was accused of.

    If you're OK with juries disregarding the law, ie., their jury instructions, based on their personal beliefs of what will result in justice, then you also must also be OK with investigators disregarding the law, ie., lying and cheating, if the investigators do so based on their personal belief that lying and cheating will result in justice, ie., the guilty get convicted.

    Parent

    Sarc, (5.00 / 0) (#87)
    by Peaches on Fri Aug 17, 2007 at 03:18:59 PM EST
    Kdog, is specifically talking about the torture of Padilla, I think.

    It is in this sense he asks you if you believe justice was served, whether or whether not, he was guilty of the charges against him.

    Parent

    I think his treatment is indefensible (none / 0) (#88)
    by sarcastic unnamed one on Fri Aug 17, 2007 at 03:23:33 PM EST
    and I don't think that because of this indefensible treatment he should have been found not guilty.

    Parent
    Therefore (none / 0) (#89)
    by Peaches on Fri Aug 17, 2007 at 03:25:23 PM EST
    Justice was served?

    Parent
    Justice was served regarding (none / 0) (#91)
    by sarcastic unnamed one on Fri Aug 17, 2007 at 03:28:20 PM EST
    the case against him, justice was not served regarding his treatment.

    Parent
    I agree... (none / 0) (#94)
    by kdog on Fri Aug 17, 2007 at 03:34:21 PM EST
    the treatment is indefensible.

    I couldn't disagree more on the second....you get treated like that, you get set free.  I'd rather take my chances with 10,000 Jose Padilla's on the street than one governemnt who gets away with perpetual confinement and torture.

    Parent

    Not whether he was guilty of aiding AQ... (none / 0) (#90)
    by kdog on Fri Aug 17, 2007 at 03:25:25 PM EST
    but whether his confinement and alleged torture had a place in the proceedings.  Do you think that the judge's instructions to exclude these facts from the trial record and deliberations served justice?

    Don't worry pal, I get your point, and see the flaws in my thinking. Lots of flaws in lots of my thinking:)

    I just hope you see the flaws in the rules, and in blindly following the rules, as well.  Sometimes the only way justice is served is when somebody breaks the rules guided by their conscience.  I think this was such a time when rule-breaking was in order....but I'm just a flawed knucklehead obsessed with liberty, so what do I know.  

    Parent

    Sorry, man, no, (none / 0) (#93)
    by sarcastic unnamed one on Fri Aug 17, 2007 at 03:30:38 PM EST
    I don't think the jury should have taken his treatment into account when deciding his guilt or innocence of the charges.

    Parent
    Wow.... (none / 0) (#97)
    by kdog on Fri Aug 17, 2007 at 03:38:31 PM EST
    is there any treatment obscene enough that would change your mind?  How about 10 years in a hole before trial?  How about hardcore physical torture like electro-shock or pulling out fingernails and stuff?

    If not in deciding guilt or innocence, how about in deciding sentencing...should the treatment he received be considered then?

    Parent

    Completely different question, kdog, (none / 0) (#99)
    by sarcastic unnamed one on Fri Aug 17, 2007 at 03:46:35 PM EST
    yes, I think his sentance should take into account any "sentance" he's already served.

    Parent
    I don't mean to nitpick (none / 0) (#95)
    by Peaches on Fri Aug 17, 2007 at 03:36:24 PM EST
    and, I know where you are coming from, but I just wouldn't want to make those separations. Justice is Justice and when it is not served in one instance it impacts many others, including our own liberty. An American citizen was picked up and held indefinitely, for a long time without any contact with the outside world. He was tortured by any reasonable person's understanding of the word torture. I am not asking that you change your opinion, I am just explaining (in case you didn't already know) my opinion.

    I think this was a grave miscarriage of justice against all Americans. His convictions confirms his treatment and we should all fear the potential ramifications against all of our liberties, in my opinion.

    Parent

    I understand where you're coming from. (none / 0) (#98)
    by sarcastic unnamed one on Fri Aug 17, 2007 at 03:43:57 PM EST
    Why am i not surprised? (1.00 / 1) (#21)
    by Deconstructionist on Fri Aug 17, 2007 at 09:19:06 AM EST
    Your first paragraph is irrlevant nonsense that entirely misses my point instead  making a point that has NOTHING  to do with the jury's verdict in the case. one can attack the Administration's treatment of padila and others without leaping to the fallacious argument that such treatment in any way taints the verdict let alone the integtity of the jury.

    You then when questioned throw out a feeble attempt at diversion with...

    Where is a single attempt  even to assert that the evidence was insufficient for a rational trier of fact to conclude that any essential element of any offense of conviction was not proven?

    ... when you know, or should if you hade read the post, that "jury [came] back with a guilty verdict after a day and a half of deliberation .... It takes longer than that to comprehend the jury instructions. The instructions in Padilla's case were 42 pages long"

      I didn't evade it all. I called the conclusion a transparent attack based on no evidence. the jury heard the jury instructions from the judge and the lawyers gave closing arguments. 11 hours of deliberations in no way establishes the jury did not understand the law of the case.

    The evidence MAY HAVE been insufficient for a rational trier of fact to conclude that any essential element of any offense of conviction was not proven.

      And it may not have been. So since you don't have a clue about the evidence or the law and . Who  are you to attack the jury's conclusion? More tellingly, do you not grasp the irony of peole here immediately jumping on the bandwagon-- without any evidence whatsoever--  accusing a jury which attended a long trial and heard all the evidence, argument and instructions of reaching its decision too quickly, based on nothing more than a complaint  from a highly partial person?  

    It would have been nice if the JURY had taken the time considered the evidence.

    But they did not even make an attempt at appearing to have taken the time to consider the evidence, and if you any kind of a lawyer you'd know that.

       You were not in the jury room either. so, your judgment about its deliberations is based on nothing but prejudice. you don't know what evidence the jury considered persuasive and what evidence it did not. A lot of ground can be covered in 11 hours and what evidence tending to cast doubt on the verdict do you know the jury failed to consider?

    This "trial", if if it even deserves that designation, was a sham and a show from the beginning to blind you and the rest of the gullible neocons and keep on selling you the "war on terror" fantasy.

      You make my point with your usual eloquence. you blindly and irrationally rant because the verdict challenges a prejudice you refuse to allow to be challenged. Of course, if terrorism is a "fantasy" then any conviction of terrorists must be wrong. End of discussion. you don't need to know ANYTHING about the case because you KNOW the terrorist threat is nothing bit a fabrication. Of course, it's open minds such as  you possess that is needed on juries.

    More disingenuousness (5.00 / 0) (#22)
    by Edger on Fri Aug 17, 2007 at 09:20:49 AM EST
    Why am I not surprised...

    Parent
    What evidence (none / 0) (#40)
    by Edger on Fri Aug 17, 2007 at 11:01:00 AM EST
    tending to cast doubt on the verdict do I know the jury failed to consider?

    No more than you know what evidence tending to cast doubt on the verdict do you know the jury considered.

    But I do have the opinion of a highly respected criminal defense lawyer that the:

    jury [came] back with a guilty verdict after a day and a half of deliberation in a trial where the evidence took three months to present. and that:

    It takes longer than that to comprehend the jury instructions. and that this jury most likely did not even bother to take the time:

    to comprehend the jury instructions.

    All of which leaves me with very little if any confidence that this jury considered or comprehended or was even capable of considering or comprehending any of the evidence presented to them.

    Or was doing anything more than wrapping themselves in the flag to avoid having to think or do anything other than what they were expected to do.

    Or that they took their responsibility any more seriously than you do , or took that responsibility as anything more than a joke:

    July 03, 2007

    In the Jose Padilla trial, jurors showed up today all dressed up. Row one in red. Row two in white. And row three in blue. I'm not kidding.

    And this isn't the first time the jury has dressed up. A week back, all of the jurors (save one) wore black.

    This trial was a sham in a kangaroo court set up as the centerpiece of a circus, and Jose Padilla was the dehumanized and disposable entertainment.

    The verdict was a foregone conclusion. The jury memorized their lines, had the dance steps down pat, acted their part, took the path of least resistance and did what they were "told" to do, IMO.

    And convicted themselves and the Bush misadministration in the process.

    Parent

    Edger's strawhorse, or at least one of them (1.00 / 1) (#48)
    by jimakaPPJ on Fri Aug 17, 2007 at 12:00:39 PM EST
    It takes longer than that to comprehend the jury instructions. and that this jury most likely did not even bother to take the time:

    I don't think anyone can know that.

    BTW - I was on a jury where a guy was tried for  DWI. He refused to take a soberity test and lost his license for 6 months.. Most of the prosecution's evidence was a video tape.

    The instructions we received took probably 15 minutes..

    All of us had seen the video. We cut him free immediately because of the undeniable video evidence that he wasn't drunk. Took maybe three minutes.

    When you are actually there and the evidence is overwhelming there is no need to posture, no need to prance and pose. Just say: Innocent? Okay?


    Parent

    And convicted you in the process, too. (5.00 / 0) (#54)
    by Edger on Fri Aug 17, 2007 at 12:31:26 PM EST
    Heh.. and another edger strawman (1.00 / 1) (#67)
    by jimakaPPJ on Fri Aug 17, 2007 at 02:07:40 PM EST
    My point was, is and remains. We had seen the evidence. We heard the judge.

    All agreed that it was undeniable that he wasn't drunk.

    So why hesitate?? Other than trying to make yourself look learned, etc., etc., there is no reason.

    I repeat. You have exactly no proof that the jury ignored the judge's instructions.

    Parent

    I'll take Jeralyn's opinion over yours. (5.00 / 0) (#77)
    by Edger on Fri Aug 17, 2007 at 02:43:19 PM EST
    Anytime.

    Parent
    the "thought" process laid bare: (1.00 / 1) (#82)
    by Deconstructionist on Fri Aug 17, 2007 at 03:07:50 PM EST
      I'll  agree with those with whom  I choose to agree without knowing anything other than I want to agree with them because we share the same prejudices.

      At least you're consistent.

     

    Parent

    No. (none / 0) (#100)
    by Edger on Fri Aug 17, 2007 at 03:50:23 PM EST
    My statement was made in response to ppj's "You have exactly no proof that the jury ignored the judge's instructions."

    Jeralyn is an intelligent, educated and experienced criminal defense lawyer. ppj has neither intelligence nor education to be an experienced criminal defense lawyer.

    But you knew all this. Your comment says much more about you and your intelligence than it does about me.

    I'll take her opinion based on those three attributes on whether the jury ignored the judge's instructions over ppj's anytime.

    If you prefer to hold ppj's opinion on it in higher regard than Jeralyn's, be my guest.

    Warn your clients first though.

    Parent

    I don't give credence (1.00 / 1) (#101)
    by Deconstructionist on Fri Aug 17, 2007 at 04:05:23 PM EST
     to either of their opinions when they are obviously completely lacking in support from anything other than their particular prejudices.

     If the issue has to do with something an experienced lawyer should better understand than a lay person I'd be more inclined to agree with he experienced lawyer. But, if the experienced lawyer makes an unfounded acusation that is not based on anything that  an experienced lawyer would be in a better position to understand than anyone else then i won't.

      Moreover, if I suspect the experienced lawyer is exploiting the credulity of poorly informed and extremely credulous laypeople I'll point that out as well.

    Parent

    I see. (5.00 / 0) (#102)
    by Edger on Fri Aug 17, 2007 at 04:14:29 PM EST
    if I suspect the experienced lawyer is exploiting the credulity of poorly informed and extremely credulous laypeople I'll point that out as well.

    You do of course, in the interests of truth in advertising, warn your prospective clients that exploitation of the credulity of poorly informed and extremely credulous laypeople is what they are likely to receive should they convert from prospective to actual clients.

    Parent

    And you don't (5.00 / 0) (#103)
    by Edger on Fri Aug 17, 2007 at 04:18:25 PM EST
    make unfounded accusations that experienced criminal defense lawyers make unfounded accusations.

    No, of course you don't...

    Parent

    Basaed on what I've read (1.00 / 1) (#92)
    by Deconstructionist on Fri Aug 17, 2007 at 03:28:58 PM EST
      no one could possibly have any basis for simply making the acusation "the jury acted improperly."

      People making such accusations should know enough to say the jury acted improperly because it did __ and _ is improper because __.

     Otherwise it's worse than sheer nonsense.

      The ONLY thing anyone has cited here despite all the comments is the amount of time it took to reach the verdict. That in no way allows the conclusion that the jurors failed to consider the evidence, did not understand the relevant law or acted out of any improper motive. 11 hours of deliberations is just easily explained as indicative that all of the jurors individually determined that the case against the defendants was very strong and they found early unanimity existed and they could find no reason to entertain doubt. Not all cases are close cases WHEN YOU HAVE SAT THROUGH WEEKS OF TESTIMONY.

      Those who read a little bit  and feel qualified not merely to substitute their judgment but to accuse the jurors of misconduct probab;y need to think about what that shows about them because it sure as heck doesn't show anything about the jury.  

    Juries etc. (none / 0) (#86)
    by Claw on Fri Aug 17, 2007 at 03:14:35 PM EST
    A few points--

    1. I haven't followed this case as closely as I should have, but given what I've read, it does sound like the jury acted improperly.  
    2. It sounds like extremely (and inappropriately) prejudicial evidence was allowed in...errors that will be brought up by Padilla's next lawyers.
    3. I disagree with the commenters here who are disparaging juries in general.  In my experience jurors take their jobs very seriously.  This jury, it seems, did not.
    4. If Padilla had been acquitted by a jury that acted improperly, I would be taking exactly the same position I am taking now.


    "This jury, it seems, did not" (5.00 / 1) (#113)
    by Dadler on Fri Aug 17, 2007 at 05:23:08 PM EST
    That's what is being disparaged, not juries in general.  Like everything, you will get great juries and you will get wretched juries.  Problem is, someone's life is hanging in the balance.  We have to do better.

    Parent
    What about OJ's jury?? (1.00 / 1) (#122)
    by jimakaPPJ on Fri Aug 17, 2007 at 07:14:55 PM EST
    The subject is juries.. (none / 0) (#134)
    by jimakaPPJ on Sat Aug 18, 2007 at 08:53:41 AM EST
    not the charges...

    Parent
    You first (none / 0) (#142)
    by jimakaPPJ on Sat Aug 18, 2007 at 02:57:08 PM EST
    DA (none / 0) (#153)
    by jimakaPPJ on Sun Aug 19, 2007 at 10:21:50 AM EST
    So you believe OJ didn't kill?

    lol.....

    The jury excercised a pay back to the system. I totally understand that, and don't really condemn them for it.

    But it was wrong.

    If tou are saying that Padilla's jury was wrong, what is your basis??

    Parent

    DA (1.00 / 1) (#156)
    by jimakaPPJ on Sun Aug 19, 2007 at 11:40:15 AM EST
    Actually, you weren't even involved in the conversation. Why you decided to join in is your business, but I have no idea as to why you think I am required to answer any question.

    But, since I am a resonable sort.....

    You have two things here.

    1. Do you agree with the efforts.

    2. Do you agree with the results.

    In the case of Padilla. Yes Yes

    In the case of OJ. Yes. No.

    In the case of Libby. Yes. No.

    Your turn.

    Parent

    Still not getting it are you? (5.00 / 1) (#158)
    by tnthorpe on Sun Aug 19, 2007 at 12:06:18 PM EST
    (This refers to a post above, but posting it there would make it hard to read)
    Really PPJ, there's no vacillating in my argument, you simply don't understand it apparently. As for challenging your link to a wingnut website, it's important because you insist on some sort of proof from others while linking to a site filled with idiotic ranting. My links are to fact-based research by leaders in the field. You've evidently missed that or refuse to discern the difference. It's about standards and following the facts not, as you falsely claim, biases.
     According to your standards of proof you can't "prove" Padilla wasn't tortured. You after all weren't there, nor was the judge that refused to admit the claim, nor anyone else except those who are part of the system that failed to follow the law. This is because Padilla was illegally held incommunicado. Of course, had the Bush Administration followed the law here that wouldn't be the case and that is where my interest in the controversy begins--with the Bush Administration not doing the right thing. So as far as "proof" goes, you can't prove any of your claims. Treat your own posts the way you treat others, or do your rules not apply to you? How do you know what the gov't knows or what they do or don't want to make public? How do you know what sort of Al Quaeda training Padilla received?
    Nothing I've ever argued defends Padilla or proclaims his innocence. Absolutely nothing, so why you keep on harping on that I can't say. I'm angry at how the Bush Administration has bungled this case and made a possible victory a fiasco.
    I agree about the need for human intelligence in the ME, but you don't get that by torture. Did you read the account of Maher Arar? Is that what you have in mind? I surely hope it isn't.
    As for "people see what they want to see" that simply isn't true. Galileo saw the moons of Jupiter; while his persecutors from the Inquisition lied. Dismissing centuries of Habeas Corpus protections, redefining torture, extraordinary rendition, lying to get the country into war, these are serious failures of moral leadership, which somehow you will not see. Pointing this out isn't an "attack" (i.e. unmerited, irresponsible, products of prejudice) on the Bush Administration as you claim, but they are attacks of the Bush Administration on all of us and longstanding principles of our system of law and government.
    You have not in a single response to any of my arguments responded substantively. You are not a serious interlocutor, as the silly ad hominem petulance of your post shows.

    Parent
    Come now (1.00 / 1) (#160)
    by jimakaPPJ on Sun Aug 19, 2007 at 02:34:43 PM EST
    My links are to fact-based research by leaders in the field.

    Heh.

    You make an adroit try at flipping the subject, but no sale. It is not my duty to prove he wasn't tortured. You are the one that wants to prove he was tortured. Because you think it, somehow, proves his innocence.  So prove it.

    The problem is that your experts have provided no proof that torture was used. You know, that is the important point.

    And again, the inability to accept or reject a logical point irrespective of your bias about the source is a sign of a prejudiced and inflexible mind.

    But your rejection is not based on the source, but on the fact that if you accept that al-Qaeda members are trained to scream "torture" when captured, then your acceptance of Padilla's claims as "fact" is destroyed.

    Did you read the account of Maher Arar? Is that what you have in mind?

    Arar was put on a terrorist watch list by CANADA. He was picked up by the US who offered him to Canada. Canada didn't want him. They didn't even send a representative to his deportation hearing. We returned him to Syria, where he was a citizen. All legal on our part. So complain to Canada.

    BTW - This I find funny.

    Nothing I've ever argued defends Padilla or proclaims his innocence.

    Huh??

    I'm glad to see a potentially dangerous terrorist off of the streets, if indeed that's what Padilla was

    Potentially? If indeed that's what Padilla was...

    If that were true, then you would be focusing on the fact that he was held for three years. That is provable and a problem.

    Instead you agonize over his claims and demand he not be prosecuted using evidence NOT obtained during the time he was held. While concurrently ignoring the evidence he was captured with.

    As for his competence:

    After four days of contentious hearings and conflicting testimony, U.S. District Court Judge Marcia Cooke said she is satisfied Padilla is capable to assist in his own defense, even if he chooses not to do so

    Link

    So what is your point?? Do you think yourself some defender of the faith against the evileee Bush? I remind you again that Bush declared him an illegal combatant, and the SC said no, and he was brought to trial. Bush followed the law. You disagree with his actions before the end result, and it appears to me that you disagree with the result,

    Parent

    you prove my point (5.00 / 2) (#162)
    by tnthorpe on Sun Aug 19, 2007 at 04:04:17 PM EST
    You have different standards for your own assertions than for others. As for your reading of my posts, you are so far off base that you must be reading from the moon. You are not a serious interlocutor.

    Parent
    I love bluegrass (1.00 / 1) (#163)
    by jimakaPPJ on Sun Aug 19, 2007 at 09:10:05 PM EST
    You are not a serious interlocutor.

    If I can't be your salty dog

    I won't be your dog at all..

    ;-)

    Parent

    tnthorpe (1.00 / 1) (#164)
    by jimakaPPJ on Sun Aug 19, 2007 at 09:16:38 PM EST
    You have different standards for your own assertions

    Not at all. Think back and you will remember that I said the link is the link. BION. I find the contents logical and believeable on the point in discussion. You don't, evidently requiring a bended knee to the experts from the Left.

    My point was, is, and will be, that you claim to be a defender of liberty, yet you can't get past Padilla.

    What do we do the next time?? Just give the guy a $100 bail and let him walk?

    If you want to discuss those problems, let me know.

    If you want to defend Padilla and attack Bush that is too cheap a ticket to get excited about.

    Parent

    Foolish (5.00 / 0) (#166)
    by tnthorpe on Mon Aug 20, 2007 at 05:38:11 PM EST
    Responding to your amazingly obtuse miscontsruals of my posts is a waste of perfectly good pixels. You are not a serious interlocutor. Have a nice day.

    Parent