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Jose Padilla Update: Bail Hearing Thursday

By Jeralyn, Section Terror Trials
Posted on Fri Jan 06, 2006 at 10:53:19 PM EST
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Catchy title, no? In theory, it's true. A heaing will be held Tuesday Thursday in federal court in Miami to determine whether Jose Padilla will be granted bail, or detained as a danger to the community or a flight risk pending trial.

David Markus was in court today, and has the details of who is going to represent Padilla and how it was determined. The short answer is: The Miami Federal Defenders (great office with great lawyers by the way) will be lead counsel, and Andy Patel, one of Padilla's New York lawyers since 2002, will be co-counsel. But read David's post for a little bit of how this was determined, and how the Assistant U.S. Attorney tried to block the federal defender from entering the case.

As to the bail issue, David reports:

Judge Garber then asked the government what its position was on bail. AUSA Pell said that the government was asking for pretrial detention based on risk of flight and danger to the community, to which Judge Garber quipped: "Why am I not surprised?"

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    Jose Padilla Update: Bail Hearing Thursday | 2 comments (2 topical)
    Re: Jose Padilla Update: Bail Hearing Thursday (none / 0) (#1)
    by roger on Sat Jan 07, 2006 at 11:11:06 AM EST
    I am not suprised that the government doesnt want the SD PD on the case. Those guys are amazing! I interned with them in law school. They are the best.

    Re: Jose Padilla Update: Bail Hearing Thursday (none / 0) (#2)
    by john horse on Sat Jan 07, 2006 at 09:59:49 PM EST
    Padilla was denied the right to a speedy trial and the right to an attorney (though he has been granted that right recently). Finally he was also denied the right to habeas. This was all done because the government said he was an enemy combatant. I don't see how the government can win this case given they have denied Padilla his basic legal rights. A good background on Padilla's enemy combatant status is on the radio show (real audio format) This American Life - episode 229 Secret Government. Includes an interview with Padilla's first lawyer Donna Newman. The show brings up something interesting about the case. Ashcroft called a press conference to announce Padilla's arrest on the same day as FBI whistle blower Colleen Rowley's congressional testimony about the Bush administration's mishandling and bungling of the 9/11 case. Padilla's arrest blew Rowley's testimony off the news.

    Jose Padilla Update: Bail Hearing Thursday | 2 comments (2 topical)