Trying Terror Cases the Old Fashioned Way
Alex Koppelman at Salon compares the prosecution of Jose Padilla to that of a home-grown terrorist tried the old-fashioned way and explains why the Padilla method is likely to fail.
That the prosecution of Crocker ended so successfully points to what may ultimately be the most significant difference between the Crocker and Padilla cases. Crocker was investigated, prosecuted and detained in the old, pre-9/11 way, and his case has held up even as the Padilla prosecution has self-destructed.
The Crocker case was brought in by old-fashioned police work. A confidential informant passed on a tip and a sting was conducted by an FBI agent careful to make sure the plan was real and not a creation of the government. No lawyer for Crocker has ever filed an allegation that Crocker was tortured. He wasn't even cuffed or shackled at his arraignment. The case against Padilla, on the other hand, came about through anything but normal means, and that has been its downfall.
I see Omar Khadr, Child of Jihad, much different than the military.
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