FDL: Government's Case in Padilla Trial Is Going Really, Really Badly

[BurtWorm]

Read the whole blog entry, by Lewis Z. Koch, for more details:


http://www.firedoglake.com/2007/05/23/luttig-has-his-say/


In this cross examination, captured by <Warren> Richey <in the Christian Science Monitor, we see why the Justice Department never wanted Padilla to have his own attorneys.

"Are you now, or have you ever been a terrorist?" Padilla defense lawyer Michael Caruso asked.

"No," <Yahya> Goba <one of the Lackawanna seven and a key govt witness> answered.

"You felt that it was necessary to do this training so that if called upon, you could help your brothers and sisters facing atrocities all over the world?" Mr. Caruso asked.

"Yes," Goba said.

Defense lawyers asked Goba to explain his beliefs about jihad, or Islamic holy war. He agreed that jihad can represent an inner struggle within a Muslim and that when it takes the form of physical fighting, it is only acceptable in defense of Islam and Muslims. (Emphasis added)

"So murder is not jihad?" asked William Swor, a lawyer for a Padilla codefendant. "Unfairly injuring someone is not jihad?"

"Yes," Goba answered to both questions.

Richey summed up how well the prosecutors had done.

By the end of the cross examination, prosecutors knew they were in trouble…”

So – what do we have, so far?. A CIA agent who can’t read any Afghani finds a recruiting application in Afghani signed by Padilla. Goba? He says jihad is not murder, so saying Padilla was bent on jihad didn’t mean all that much.

What does the Justice Department have in the way of evidence?.

They have 300,000 taped phone conversations, of which 230 phone calls are the heart of its case. Of those 230 calls, 21 make reference to Jose Padilla. Of those 21 phone conversations, Padilla’s voice is heard on seven. Of those 7, there are discussions about having some “picnics,” so they could “smell fresh air and eat cheese” and oh, yes, a very “significant” blather when Padilla talks about spending $3500 on “zucchini.” No talks of terrorists acts, no bombs. Nothing.

The government claims the food references were code.

Even if this conjecture is true, can the government prove zucchini translates to terrorist bombs? What vegetables are code for murder, kidnapping, and maiming?

[Richard Steele]

1. K&R

[OnyxCollie]

2. Pomegranites, Kumquats, and Starfruit. nt

[DKRC]

3. Pomegranites, Kumquats, and Starfruit... O my!

Please don't let there be Durians... :scared:

[Old and In the Way]

4. That is a weapon of mass destruction.

What a godawful smelling fruit....

[DKRC]

5. Ah, another durian vet.

Where'd you run afoul of the golden fruit of mass destruction? I was in Singapore, trapped in traffic by a market. bleh

[Old and In the Way]

7. Zhongshan, PRC

At a baby presentation party, of all things. Considered a special event kind of food. I was forced to eat a few pieces. It's actually pretty bland tasting...but the smell is quite unique. But it's always an adventure eating the local cuisine in China.

[BurtWorm]

6. kick

[Bandit]

8. For this we abandon the US Constitution?

:shrug: Republicans say we don't need no stinkin' Constitution we have us a Decider....