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Judge tosses out most evidence on Gitmo detainee

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http://www.breitbart.com/article.php...show_article=1

 

WASHINGTON (AP) - A federal judge has tossed out most of the government's evidence against a tarrorism detainee on grounds his confessions were coerced, allegedly by U.S. forces, before he became a prisoner at Guantanamo Bay. In a ruling this week, U.S. District Judge Thomas Hogan also said the government failed to establish that 23 statements the detainee made to interrogators at Guantanamo Bay were untainted by the earlier coerced statements made while he was held under harsh conditions in Afghanistan.

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However, the judge said statements he made during two military administrative hearings at the U.S. detention center in Cuba, where he was assisted by a personal representative, were reliable and sufficient to justify holding the detainee.

Musa'ab Omar Al Madhwani allegedly engaged in a 2 1/2-hour firefight with Pakistani authorities before his capture in a Karachi apartment in 2002.

The detainee says that after five days in a Pakistani prison, he was handed over to U.S. forces and flown to a pitch-black prison he believes was in Afghanistan. He says he was suspended in his cell by his left hand and that guards blasted his cell with music 24 hours a day.

He said that he confessed to whatever allegations his interrogators made and that harassment and threats continued after he was moved to a different prison in Afghanistan.

Al Madhwani said that interrogators at Guantanamo Bay on multiple occasions threatened him when he tried to retract what he now claims was a false confession.

The judge said he was particularly concerned that interrogators at Guantanamo Bay relied on or had access to the coerced confessions from Afghanistan made by Al Madhwani.

The logical inference from the record, said the judge, is that interrogators at Guantanamo Bay reviewed Al Madhwani's coerced confessions with him and asked him to make identical confessions.

"Far from being insulated from his coerced confessions, his Guantanamo confessions were thus derived from them," Hogan wrote.

The judge said the government presented medical records about the detainee's debilitating physical and mental condition that confirm his claims of harsh treatment during the 40 days he spent in Pakistann and Afghanistan.

Despite Hogan's concerns about the 23 statements, the judge relied on other evidence and three statements Al Madhwani made to a military tribunal and a review board to conclude that he trained, traveled and associated with members of al-Qaida, including high-level operatives. On those grounds, the judge ruled he is legally detained.

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View PostThomas Francis Hogan (1938, Washington, D.C.) is a United States federal judge. He was appointed to the United States District Court for the District of Columbia in August 1982 by President Ronald Reagan and became Chief Judge on June 19, 2001.

 

 

Just sayin. biggrin.gif

 

 

 

likwid is delighted that the terrorist has a good possibility of walking. That judge was appointed by Reagan 30 years ago. His thinking has probably devolved into liberalism. Or maybe he is senile, whichever comes first.

 

Just sayin.smile.gif

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View Postlikwid is delighted that the terrorist has a good possibility of walking. That judge was appointed by Reagan 30 years ago. His thinking has probably devolved into liberalism. Or maybe he is senile, whichever comes first.

 

Just sayin.smile.gif

 

 

Of course, he could also be a real conservative with a healthy respect for precedents laid down by the Federal Circuit and SCOTUS.

 

US District Court judges are often constrained to follow established precedents set by higher courts, regardless of their personal views. If he disregarded those, wouldn't he be a "judicial activist" creating his own law?

 

The doctrine that a coerced confession is inadmissible in a criminal trial is a rule of law that predates Miranda by a century.

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View PostOf course, he could also be a real conservative with a healthy respect for precedents laid down by the Federal Circuit and SCOTUS.

 

US District Court judges are often constrained to follow established precedents set by higher courts, regardless of their personal views. If he disregarded those, wouldn't he be a "judicial activist" creating his own law?

 

The doctrine that a coerced confession is inadmissible in a criminal trial is a rule of law that predates Miranda by a century.

 

Poppycock, obviously its *this* administration's fault. Not a judge being FAIR as they should be.

 

Thank you for quoting Knight, I'm happy to be reminded that he's still a despicable little human being who deserves to be ignored.

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View PostOf course, he could also be a real conservative with a healthy respect for precedents laid down by the Federal Circuit and SCOTUS.

 

US District Court judges are often constrained to follow established precedents set by higher courts, regardless of their personal views. If he disregarded those, wouldn't he be a "judicial activist" creating his own law?

 

The doctrine that a coerced confession is inadmissible in a criminal trial is a rule of law that predates Miranda by a century.

 

That's why it's such a collossal blunder to try illegal combatants in criminal courts. A defense attourney could also make the feds reveal their strategy, methods and informants regarding the decision to arrest a partular individual, leaving national security procudures vulnerable to the freedom of information act. This is bad at every level.

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View PostThat's why it's such a collossal blunder to try illegal combatants in criminal courts. A defense attourney could also make the feds reveal their strategy, methods and informants regarding the decision to arrest a partular individual, leaving national security procudures vulnerable to the freedom of information act. This is bad at every level.

 

Bingo.

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View PostPoppycock, obviously its *this* administration's fault. Not a judge being FAIR as they should be.

 

Thank you for quoting Knight, I'm happy to be reminded that he's still a despicable little human being who deserves to be ignored.

 

 

Despicable little human being? That's pretty harsh. Not respecting the man is different than not respecting his opinion.

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View PostThat's why it's such a collossal blunder to try illegal combatants in criminal courts. A defense attourney could also make the feds reveal their strategy, methods and informants regarding the decision to arrest a partular individual, leaving national security procudures vulnerable to the freedom of information act. This is bad at every level.

 

Bullseye. It should have never been in this venue. In this venue, that ruling shouldn't be surprising. The judge had to rule on the law and that's what he did.

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View PostThank you for quoting Knight, I'm happy to be reminded that he's still a despicable little human being who deserves to be ignored.

 

 

Wow, what a complete scumbag thing to type. Not surprised.

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View PostPoppycock, obviously its *this* administration's fault. Not a judge being FAIR as they should be.

 

Thank you for quoting Knight, I'm happy to be reminded that he's still a despicable little human being who deserves to be ignored.

 

 

 

Better I should just hold my tongue. He shows himself by his own words.cwm27.gifcwm27.gif

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