Tuesday, April 10, 2007

Judge Rejects Padilla Motion

The road is now clear for Jose Padilla, a/k/a Abdullah al Muhajir, to stand trial beginning next Monday. Naturally, the AP doesn't call it a victory for the President or the Justice Department. Had the judge decided in favor of Padilla, it would be termed a "stinging rebuke" or "major defeat" for the administration.
A federal judge rejected a motion by alleged al-Qaida operative Jose Padilla to dismiss terrorism charges against him over claims he was tortured in U.S. military custody. The ruling removes one of the last major obstacles to the start of Padilla's trial next week.

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

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

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

The Pentagon and Justice Department have repeatedly denied those claims. Officials with the brig in Charleston, S.C., said during earlier testimony before Cooke that Padilla, a 36-year-old U.S. citizen and Muslim convert, was not mistreated, though they acknowledged occasional removal of the mattress in his cell and of his copy of the Quran.

Padilla and his co-defendants, Adham Amin Hassoun and Kifah Wael Jayyousi, are scheduled for trial starting next Monday.
More on Padilla.

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