It begins: Federal judge tosses Gitmo detainee’s confession as coerced
posted at 8:25 pm on January 8, 2010 by Allahpundit
Via JWF, the canary in the coal mine keels over.
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.
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…
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…
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.
Ace is angry but I think he’s forgetting that Obama has basically rigged these trials from the get-go with his two-tiered approach to detainees. Remember? When he’s got a bunch of evidence on someone such that the confession is basically unnecessary, they go to federal court so that The One can boast about due process. When he doesn’t have much evidence besides the confession, they go to a military tribunal so that the confession can be admitted into evidence and he can boast about the eventual conviction. It’s a sham, and it’s crowned by the fact that he’s all but promised to keep dangerous detainees imprisoned even if they’re acquitted, but that’s the game he’s decided he wants to play. Frankly, we could use more of these test cases before the KSM trial gets going: If he and Holder miscalculate and end up sending some low-level jihadi to federal court on the assumption that they can get a conviction even if the confession’s thrown out, and then the defendant is freed, the uproar will be such that he’ll have to rethink his whole stupid KSM strategy.
Via Greg Hengler, a gloss from Krauthammer.
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The judge should throw the case out based on the facts that these terrorists should be tried in the International Criminal Court, not any U.S. court.
Cybergeezer on January 9, 2010 at 9:30 AM
Pretty soon the terrorists will have more rights than we will. I hope none of theses idiots are allowed to go free or things will really be messed up.
Brat4life on January 8, 2010 at 8:33 PM
Thank you Brat4life for such a true statement. Let U.S. look carefully at the names on the 2012 Presidential Ballot and the Ballots of other key positions.
MSGTAS on January 9, 2010 at 9:33 AM
The Obama administration is turning Americans into dhimmi’s;
WE ARE ON OUR OWN!
Cybergeezer on January 9, 2010 at 9:37 AM
post of the day
txmomof6 on January 9, 2010 at 9:43 AM
What a f*cking joke.
These idiots want to “showcase” our justice system to the world to show how enlightened the U.S. is now that BO is in charge.
KSM then gets acquitted in NY by a jury of his peers because his confession is coerced. Then, we re-arrest him and try him and fry him.
What will the world think of our justice system then?
OMG, liberals are stupid.
13Girl on January 9, 2010 at 10:17 AM
Err… No. No one should be tried in the ICC. The ICC should not exist. Sovereign nations should try all criminals committing crimes on their soil according to their own legal system.
stvnscott on January 9, 2010 at 10:38 AM
Welcome to America. By the way, you are guilty. How do you plea?
Electrongod on January 9, 2010 at 11:07 AM
And so it begins. I hope the America people raise such a ruckus over this that it is heard in Outer Mongolia.
kingsjester on January 9, 2010 at 11:11 AM
Ace?… Forgetting?
pfffffft
Any evidence, that gets tossed on a technicality, weakens the case, and mitigates the charges.
I’m not a lawyer, but it doesn’t take a law degree to understand that.
franksalterego on January 9, 2010 at 11:21 AM
So was KSM’s info, obtained through waterboarding, ‘coerced’? – you bet a New York judge would have a better than even shot of saying it was.
The first ‘trial balloon’ in the whole farce of doing this in the civilian court system – and it predictable blew up in our face.
catmman on January 9, 2010 at 11:23 AM
This actually is the best option – it clearly demonstrates that USA needs to make a U-turn in terms of elections and appoitments. Those in current positions (elected and appointed) need to sit up straight and pay attention because their days are numbered. This nonsense needs to be screamed from the moutaintops (over and over again). Let the sunshine in on this nightmare.
Fuquay Steve on January 9, 2010 at 11:31 AM
Throw out half the votes for ObamaScare; They were coerced!
Cybergeezer on January 9, 2010 at 12:02 PM
Problem is that this guy was taken in Pakistan… by Pakistanis… and charged with being part of Al Q. Then handed to Afgans, who gave him to us…
Being part of Al Q is not against Pakistani law, so we are forcing our laws across international borders, based on the word of a VERY corrupt Pakistani system.
Hmmm… actualy a very interesting Legal question… can you throw someone in Prison for being part of an organization, even if you never did anything else against the Law?
Training with arms is NOT against the Law. Freedom of Association if OK under US Law. Knowing a Bad Guy is not illegal…
Once again, we find ourselves in a very strange Legal Landscape…
Romeo13 on January 9, 2010 at 12:10 PM
Memo to Mr. Soetoro:
White House, Washington, DC
Subject: Judge Thomas Hogan’s Decision
Barry. This is your last and best opportunity. Save yourself further damage to your lightspeed weakeningly weak treatment of terrorism. That was a nice little speech you read off the teleprompter the other day. Action, man! Take action! Show the country and the world by action that you are going to prosecute the GWOT! Man up and keep GITMO open, Keep KSM and his murderers there, and ship the young Nigerian-Muslim off to Coober for a full blown Military Tribunal!
After all, Barry, it’s what Bush would do.
BigAlSouth on January 9, 2010 at 12:17 PM
Obama, a terrorist’s best friend.
ray on January 9, 2010 at 12:23 PM
Tell it like it is….Obama is a Terrorist! He is soft on those who threaten our existence. Just affirmative action is all.
screwauger on January 9, 2010 at 12:37 PM
Are you on drugs? Do you realize that the few trials they conducted took years? That there is no death penalty? And that the consider a life sentence or even a sentence of 30 years cruel and unusual? Hell, if they sentenced him as opposed to him dieing during trial because it was taking too long, he might at best be in custody for 15 years with credit for the time he has already been in custody. Plus, I doubt they would convict him at all.
Blake on January 9, 2010 at 12:38 PM
Hmmmm… interesting question, which I can’t seem to find an answer to…
Is a Foreigner, on Foreign soil, breaking US Civil Law, by being part of Al Q?
Now, since we are at “war” with Al Q, any American helping them could be charged with Treason, or Material Support of a Terrorist Org…
But this guy was taken in Pakistan, by Pakistanis… what the heck is he even doing in US Civil Court?
Romeo13 on January 9, 2010 at 12:38 PM
Under Bush’s scheme, we had the terrorists on ice, we knew what they knew, and we avoided a messy trial.
Obama won’t get the information out of them, he can’t win a trial, and he’ll lose most of the terrorists.
Chris_Balsz on January 9, 2010 at 12:53 PM
Hmm, due process through the international community means indefinite detention. If I thought the Belgians could actually hold them securely, I’d be in favor of it.
Chris_Balsz on January 9, 2010 at 12:55 PM
As Khalid Sheikh Mohammed and his interpreter walk up to the Federal court building for KSM’s trial.
Interpreter says;
“You ask who all these people are that are gathered in front of the court? Well over on the right are those angry Americans that want to see you burn in hell. Not to worry. They’re not allowed in the court room.”
“Why are all those people on the left have their hands out you ask? Oh, don’t shake their hands! They heard something about Obama and they rushed right over here to get some of Obama’s stash. You should have seen them an hour ago. These Americans are so stupid.”
“OK, we are now in the court room. Right in front of you is the Judge. This guy just tossed out all evidence against you on your prior trial so we are starting from scratch. This is good”
“Over on your right are the 12 fine individuals that make up the jury of your peers. Well, actually they’re peers of Obama. You know, the same kind of people that awarded Obama the Nobel Peace Prize for just being Him. Don’t let that get you down.”
“Now over there is C-SPAN. These people broadcast all of the Government proceedings…well so I have been told.”
“Shhh. Lower your voice. Remember that request you asked me about speaking to your people. Well when I give you a nudge, you just turn to that camera and talk in your native tongue. I will interpret it to the court as something else. Your golden.”
“Now over there on that large table is all the evidence that will be presented in your trial. Why do they all have tags on them saying G.W Bush you ask? Well that’s the great thing about this. This Bush guy is also on trial and you are the proxy. These Americans are very efficient. try two people for the price of one.”
Electrongod on January 9, 2010 at 12:56 PM
Everything coming from the Obama administration is ‘rigged’. It’s all connivance and self-legitimization and I do not trust anything that comes out of there. Never been one to trust my government a lot anyway, but these people give new meaning to political lying and manipulation.
jeanie on January 9, 2010 at 1:15 PM
F minus. Perjury is perjury, and what Clinton did was a Federal felony offense normally punished by 3 years in Federal prison. It doesn’t matter what the subject of the perjury is.
As a matter of fact, not many people know it, but previously Clinton’s Justice Department had successfully prosecuted a female Federal employee (VA) for lying under oath.
About sex.
Del Dolemonte on January 9, 2010 at 1:33 PM
My library refuses to stock that book.
BTW, the explanation for the Repubs rolling over for Clinton is simple-he had their FBI files.
Del Dolemonte on January 9, 2010 at 1:35 PM
Law & Order could make a whole season out of the ksm trial. They don’t even have to show the crime of 9-11 at the beginning. Start the season on 9-12 and go through the whole show trial. The ratings should pull nbc out of the toilet.
Kissmygrits on January 9, 2010 at 1:51 PM
Just makes me think anyone voting (D) in November should lose the right to vote on the grounds that they are not of sound mind and body. The Progressives need to be ousted and ridiculed for their inherent stupidity…….
adamsmith on January 9, 2010 at 2:02 PM
This is working exactly as the Obama Whitehouse Designed.
I can’t believe this is a mistake – nobody can be that flat out stupid.
This has to be intentional on the part of Obama, the democrats and the Whitehouse.
CrazyFool on January 9, 2010 at 2:23 PM
So, now that a judge has found that someone’s constitutional rights have been violated, does this mean that he gets to file a civil rights suit under 42 USC 1983?
ieplaya on January 9, 2010 at 3:01 PM
Just as ludicrous as trying in any U.S. Court.
Cybergeezer on January 9, 2010 at 3:01 PM
If civilian trials are against the Geneva Convention, then wouldn’t the trial of a non-US Citizen quasi-combatant be classified as a ‘war crime’???? I certainly wouldn’t want to be exposed to this risk if I was a judge or DA/AG…. One would guess in the arrogance of assuming that the US is the most fair nation on the face of the planet, that these people have never considered that, or the reasoning behind the Geneva Conventions…
phreshone on January 9, 2010 at 4:21 PM
This is less about doing the right thing (letting the military efficiently try these bums as enemy combatants) and more about taking care of funnelling money and power to the democrat party.
Think about it…it will cost an estimated $200 million to try each of these jerks – that’s $200 million from your pocket and mine (multiply that by the number of jerks we try).
Now, if you could hand pick the defense attorneys who are receiving that money and tell them….quietly….that they merely need to send 50 cents of every dollar back as campaign donations; you have just laundered your taxpayers dime into your campaign.
Happened here in Minnesota with the Attorney General allowing Mike Ciresi’s law firm to sue the cigarette companies on behalf of the state (when the state had an ample staff that could have handled). It was settled, and Ciresi was paid approximately $400 million and he (and all of his staff) have been donating VERY generously to democrats and his own campaign since then.
http://www.campaignmoney.com/political/contributions/michael-ciresi.asp?cycle=08
Its all a scam. Move money to the attorneys who promise to move a percentage of the money back to the party coffers.
frankenisnotmysenator on January 9, 2010 at 4:35 PM
This is all about being different from Bush. Screw the rest of us, Barack Obama has political scores to settle. If we die, we die.
Terrye on January 9, 2010 at 4:51 PM
Isn`t this what Obama had always thought would happen and thus went this route?
albill on January 9, 2010 at 5:04 PM
Putting terrorists on trial, and giving them the legal rights of US citizens, is completely irresponsible and dangerous. The President and Attorney General of the United States are literally gambling with our security…and for what?
The President and the Attorney General should have enough legal expertise between them to realize that a fair trial can very easily result in an acquittal, especially if confessions were deemed by some wacky judge to be coerced.
chipandcharge on January 9, 2010 at 6:31 PM
Oba-madness.
profitsbeard on January 9, 2010 at 11:40 PM
Bingo! Charles Krauthammer.
Yephora on January 10, 2010 at 12:41 AM
Soldiers!!! Ahh-ten-HUTT!!!!
Here is your M-4 assault rifle. You will guard this weapon with your life. It will protect you and the lives of your fellow soldiers. You will use it to engage the enemy and defend the USA!
Now, here is your lawyer! This man/woman/trans-gendered person will remain safely in the US and scrutinize all of your actions. If you are under attack, go to http://www.aclu.org to request permission to return fire. They will file pertinent information with a Federal judge and get back to you.
shorebird on January 10, 2010 at 3:29 AM
yikes
voxpopuli on January 10, 2010 at 4:10 AM
Another wonderful (but expected) judicial decision…
Khun Joe on January 10, 2010 at 8:19 AM
So, when the charges are dismissed against KSM, et al, do we retain the right to feel slighted by the 9/11 attacks?
applebutter on January 10, 2010 at 11:31 AM
Wonderful!
Bring in the CUDA. She would have never created this fiasco.
Metro on January 10, 2010 at 12:35 PM
And I’m sure Our Lord and Savior, being the Chicago street thug that He is, and His other Chicago-way operatives have all the extortion tools they need to make the gutless cooperate.
pdigaudio on January 10, 2010 at 2:15 PM
January 19, 2010 Independence Day II
Massachusetts Congressional Election
A vote for Scott Brown is a vote to begin to take back our country
Independence Day excerpt (from Matina McBride classic):
Let freedom ring
Let the white dove sing
Let the whole world know that today is the day of a reckoning
Let the weak be strong
Let the right be wrong
Roll the stone away
Let the guilty pay
It’s Independence Day
Sweet_Thang on January 10, 2010 at 6:29 PM
I am shocked, shocked, I tell you, to hear that a confession could have been coerced through interrogation.
What is this world coming to? Let’s ask Achmed the terrorist what he thinks.
Blacksmith8 on January 11, 2010 at 8:54 AM
Just think: If the United States is attacked with Nuclear Weapons, and wiped out, Obama and Biden will be protected with the latest and greatest technology so they can survive and recreate the United States in their own image!
And with their own offspring!
The human race is completely doomed.
Cybergeezer on January 11, 2010 at 9:13 AM
It will not long before the Kangaroo Courts of America establish a new Motto. “Innocent until found to be guilty” to “Guilty until found to be an infidel.” The cause, infantile liberal justices.
MSGTAS on January 11, 2010 at 9:20 AM
This was not hard to predict. Obama is going to blame Bush for this one too. The product of a boy trying to do a man’s job.
orlandocajun on January 11, 2010 at 10:30 AM
Al Madhwani is at war with the United State, et al. That is why he should be detained. This “law enforcement” model is completely inappropriate.
LarryD on January 11, 2010 at 10:56 AM
“Pretty soon the terrorists will have more rights than we will.”
I think you misinterpret the administration’s intent–they intend for us to nave no greater rights than the terroists. That’s the real point of these trials–to “dumb down” due process and Citizens’ Constitutional rights, so they can squelch opposition.
Ay Uaxe on January 11, 2010 at 3:10 PM
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