Court Dismisses Most Serious Count Against Jose Padilla

A federal judge in Miami has dismissed the most serious count of Jose Padilla's terror indictment on grounds of multiplicity. David MarKus at the Southern District of Florida Blog has all the details -- and praise for the Bush-appointed judge who issued the decision.

Judge Marcia Cooke has dismissed Count I of the indictment against Jose Padilla because it is multiplicitous. In other words, Count I represents the same offense that is also charged in Counts II and III. An indictment is multiplicitous when it charges a single offense multiple times, in separate counts.

The dismissed count charged conspiracy to murder, kidnap, and maim persons in a foreign county, in violation of 18 U.S.C. 956(a)(1).

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    Re: Court Dismisses Most Serious Count Against Jo (none / 0) (#1)
    by scribe on Mon Aug 21, 2006 at 11:11:36 AM EST
    1. Kudos to the Judge for having the courage to call the motion properly, and not knuckle to the Government. 2. Someone (preferably with some local interest in Fla., but not necessarily) needs to start blogging this case like the Libby case was blogged. I suspect there's a lot here which needs to be dissected and aired, and the MSM ain't going to do it.

    Re: Court Dismisses Most Serious Count Against Jo (none / 0) (#2)
    by Punchy on Mon Aug 21, 2006 at 11:28:40 AM EST
    I've said this before--why does any of this matter? Bush and his Admin has ALREADY STATED that they have the right to re-"arrest" (rendition?) Padilla REGARDLESS OF HIS TRIAL GUILT OR INNOCENCE. So, if guilty, he'll get the chair (or they'll try to). If not, he's still re-arrested and held as an enemy combatant. IOW, this guy will never be a free man again.

    The Supreme Court, has, I think, pretty much fired a "shot across the bow" in the Padilla case, in part, in a sincere hope that it would go away, with its statement about expedited review if anything new breaks. The administration would very likely sacrifice the entire enemy combatant doctrine, in addition to the failure of its military tribunal argument in Hamdan, if it tried to do so, possibly by habeas directly to the U.S. Supreme Court.

    rogan, this is from the link
    Count I -- conspiracy to murder, kidnap, and maim persons in a foreign county, in violation of 18 U.S.C. 956(a)(1) -- is by far the most serious count, carrying a life maximum. Counts II and III carry far less serious maximum penalties (I believe each has a 10 year max on each, although I will check this).

    Boys and girls, the government IS STILL HOLDING a man named Saleh Al-Mari in the very same brig in South Carolina they held Padilla, on the very same grounds. The only reason it's a less sensational case (understatement of the year!) is because Al-Mari is a "mere" legal resident as opposed to a citizen-- but note that: he is a LEGAL RESIDENT. And the government has not repudiated the ability to pick up anyone of its chosing-- citizen or not-- at the President's whim, even if the Supreme Court helped save it from itself. As to Padilla, given that much of the "evidence" against him was the result of waterboarding a mad-man, it's hard to imagine that this will ultimately be a successful prosecution.