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Anti-Idiotarian Rottweiler » Stating The Obvious, or Maybe Not So Obvious
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Well, at least one black robe occupying a bench actually has some concept of the criminal justice system. Furthermore, this nice little rule establishes Stare Decisis in the case of any future jihadis that happen to survive long enough, and under whatever conditions come before the bar.

Judge rejects ‘defensive jihad’ argument

Jurors who will soon debate the guilt or innocence of Jose Padilla and two other men on terrorism support charges cannot consider whether their actions were justified by Islamic law, a federal judge ruled.

Now that’s a relief on many levels. First and foremost it’s obvious that it shouldn’t be considered, and second, it would only be a matter of time where a defense attorney would muddy the waters of justice just enough to fool another jury into a verdict of “Not Guilty” by reason of religious intent and direction.

U.S. District Judge Marcia Cooke agreed Thursday to a request from prosecutors to instruct the jurors that each of the men can be convicted even if they “may have believed that the conduct was religiously, politically or morally required, or that ultimate good would result.”

That’s really going to put a crimp in the failed defense, by (failed) spoldeyation argument. We finally see a judge that ‘gets it’ and unequivocally establishes that the Rule of Law doesn’t give two-shits about religious or political motivation, just a simple matter of guilt or innocence under the law. Period. Full Stop.

Jurors are expected to begin deliberations after closing statements Monday and Tuesday. Padilla and co-defendants Adham Amin Hassoun and Kifah Wael Jayyousi are charged with being part of a North American support cell that provided finances, supplies and recruits to al-Qaida and other Islamic extremist groups.

Fairly straight-forward charges there, dontcha think?

A cornerstone of the defense during the nearly three-month trial was the idea that Islamic teaching provides for legitimate “defensive jihad,” which differs from terrorism because it is meant to counter aggression against Muslims and does not threaten innocent people.

That would be the same jihadis that go out of their way to defend innocent men, women and children, not hiding in mosques or schools and never building IEDs, purely defensive terrorists. I suspect their definition of ‘innocent’ is limited to any and all adherents of radical islam. The rest of us are open season, with no bag limit, but it’s purely defensive you understand. *cough*bullshit*cough*

But Hassoun attorney Ken Swartz said his closing argument will not focus on whether violent actions might have been justified. Swartz said he plans to emphasize that any money or supplies provided to overseas groups was meant for humanitarian assistance.”It’s all about relief,” Swartz said. “That is not giving aid for military purposes.”

The jihadi humanitarian fund, “Just think, your $30 a month, goes toward providing little Ahmed here, with clothing, food and a custom dynamite belt. Won’t you reach out and help, today? Just think, we can eradicate all the infidels in a matter of months if only you find it in your heart and checkbook to begin your support today.”

To find the three guilty of the most serious conspiracy charge — the one carrying a possible life sentence — jurors must conclude that each defendant “specifically intended” that people overseas would be murdered, kidnapped or maimed through their actions. The prosecution case never linked any defendant directly to a specific violent act or victim, focusing instead on large groups subjected to attack such as the Russian Army and general conflicts in Chechnya, Bosnia, Lebanon, Somalia and elsewhere.

Of course, the fawning MSM has to get it’s jabs in, we know they can’t wait to get lots of footage of the defendants walking away from the courthouse free. More victims of the Eeevil Neocon Administration to fete.

Padilla, Hassoun and Jayyousi are also charged with providing material support to terrorist groups and conspiracy to provide such support, each of which carries a maximum 15-year sentence. Padilla is charged with providing himself as one of Hassoun’s recruits to al-Qaida by allegedly filling out a form in 2000 to attend a training camp in Afghanistan.

Oh come on, everyone knows Padilla was applying as an aid-worker at the A-Q humanitarian aid camp.

Not included in the Miami trial are the initial 2002 allegations that Padilla, a U.S. citizen and Muslim convert, had returned to the United States to build and detonate a radioactive “dirty bomb.” Padilla was held for 3 1/2 years as an enemy combatant before he was added in late 2005 to the Miami terrorism support case.

See there, that evil ChimpyMcBushCheney already tossed his ass in the brig for all those years, and he deserves a break.

I agree on one break though, involving most of his cervical vertabrae, along with his co-defendants. Let’s see how this one plays out, they might actually have a bit more fun being assigned to a nice federal pen somewhere in the general population.

14 Responses to “Stating The Obvious, or Maybe Not So Obvious”
  1. L.C. Mope, Imperial Offsetter Comment by L.C. Mope, Imperial Offsetter

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    Thug

    We finally see a judge that ‘gets it’ and unequivocally establishes that the Rule of Law doesn’t give two-shits about religious or political motivation, just a simple matter of guilt or innocence under the law. Period. Full Stop.

    Perhaps. But overloading the jury with a bunch of libs could present jury nullification: The beginning salvo of the next Civil War.

    I pray libs come to their senses.

  2. Unregistered Comment by mindy1

    Strict Standards: call_user_func_array() expects parameter 1 to be a valid callback, non-static method emotions::filter_text() should not be called statically in /home/misha/public_html/2007/wp-includes/plugin.php on line 59

    I am glad the judge feels this way-if he was allowed to justify his actions via islamic law, we would be undergoing a change into sharia law, which as a jewish woman I would not feel comfortable with..Good going judge :em69: and to padilla :em72:

  3. LC Wil Comment by LC Wil

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    Fry the bastard.

    BUT FIRST, turn down the voltage on ol’ sparky. Instead of a quick death at 20K volts, give him about 45 minutes at 120 to cook his jihadi ass.

  4. jaybear Comment by jaybear

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    well, being that padilla likes playing with fissionable material so much…howzabout capping him with some depleted uranium rounds, and let him see them being dipped in bacon fat first.

    On a related subject, looks like the Dutch are putting the koran on the same bookshelf as mein kampf.

    how do you say “it’s about bloody time” in dutch?

  5. LC Wil Comment by LC Wil

    Strict Standards: call_user_func_array() expects parameter 1 to be a valid callback, non-static method emotions::filter_text() should not be called statically in /home/misha/public_html/2007/wp-includes/plugin.php on line 59

    Jaybear:

    Good idea, but might I suggest using Plutonium instead of DU. Low velocity, just enough to penetrate.

    Uranium rounds won’t expand (not at any velocity you will use on something that two or three people can shoot), so you will have either a very small hole all the way through, or a minor surface wound.

    Plutonium, however, aside from the Alpha Radiation, is a txin in it’s own right. A finger wound will allow about two minutes to amutate the arm at the shoulder. Otherwise, it is a long (4-8 days), PAINFUL (exceedingly), irreversable death.

    The mind will stay lucid through most of the process.

  6. LC Wil Comment by LC Wil

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    PIMF! a TOXIN in it’s own right.

    (takes off gloves)

  7. DJ Allyn,  ITW Comment by DJ Allyn, ITW

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    […]
    We finally see a judge that ‘gets it’ and unequivocally establishes that the Rule of Law doesn’t give two-shits about religious or political motivation, just a simple matter of guilt or innocence under the law. Period. Full Stop.

    I’m guessing that there would be very few — and most likely none — judges that would have bought that argument. At the same time, the duty of the defense attorney is to put forth any possible defense strategy to see if it gets any traction. Sometimes those strategies might be so hairbrained that it would boggle the minds of most people.

    This was one of those cases.

    He had to put it out there, and it didn’t work. It isn’t the first hair-brained defense I’ve heard — and I have heard a lot.

  8. LC Gunsniper Comment by LC Gunsniper

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    U.S. District Judge Marcia Cooke agreed Thursday to a request from prosecutors to instruct the jurors that each of the men can be convicted even if they “may have believed that the conduct was religiously, politically or morally required, or that ultimate good would result.”

    The judge had no choice but to rule that way. America is governed by the rule of law. No judge in their right mind would allow themselves to be usurped by another legal system, scriptural basis or not.

  9. B.C., Imperial Torturer™ Comment by B.C., Imperial Torturer™

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    He had to put it out there, and it didn’t work. It isn’t the first hair-brained defense I’ve heard — and I have heard a lot.

    Yeah. Kinda like those “innocent fireworks” in the trunk of the two Jihadi wannabes from USF. (Sami Al Arian’s former employer and hotbed of CAIR/Islamic Jihad activism & recruitment.)

  10. LC HJ Caveman82952 Comment by LC HJ Caveman82952

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    The law must remain secular. Not the UN Charter, not any religious precepts, but the law of the land, the Constitution. It’s fine to base laws on shared beliefs by all sane peoples. But to abrogate this opens a Pandora’s box of monumental difficulties. What of those feeling it’s ok to blow up abortion clinics, as much as I loathe the practice? Or what of Phred Phelps? How would Jews feel about sharia law, or for that matter Christians, Hindus, Buddhists and atheists? For this judge to rule different would rank as the most egregious of hypocrisies.

  11. B.C., Imperial Torturer™ Comment by B.C., Imperial Torturer™

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    No judge in their right mind would allow themselves to be usurped by another legal system, scriptural basis or not.

    It’s a damned good thing you qualified that statement with “No judge in their right mind”, Gunsniper, because there seem to be quite a few LefTard judges who don’t seem to think that they need to be constrained by that silly little document we know as The Constitution. Remember this?

    Sunday, April 3, 2005

    Supreme Court Justice Ruth Bader Ginsburg said Friday that as a justice she considers foreign laws, not just U.S. laws and its Constitution - in forming her legal opinions.

    “The notion that it is improper to look beyond the borders of the United States in grappling with hard questions has a certain kinship to the view that the U.S. Constitution is a document essentially frozen in time as of the date of its ratification,” Ginsburg added in remarks to the members of the 99 year-old American Society of International Law in Washington, D.C.

    Ginsburg’s pronouncements fly in the face of fellow Justice Antonin Scalia’s recent dissent in a juvenile death penalty case where he said that “like-minded foreigners” should not be given a role in helping interpret the Constitution.

    Many foreign nations have outlawed the practice of the death penalty and the practice of applying such a punishment to juveniles.

    “Judges in the United States are free to consult all manner of commentary,” Ginsburg argued to her audience, citing examples when the logic of foreign courts had been applied to help untangle legal questions domestically, and of legislatures and courts abroad adopting U.S. law.

    Ginsburg, a Democrat appointed by Bill Clinton, is not alone in her view that the Court should consider foreign laws in forming American court opinions.

    In 2003, Republican Justice Sandra Day O’Connor openly stated that the court should look abroad for judicial guidance.

    Sandra Day O’Connor “The impressions we create in this world are important, and they can leave their mark,” O’Connor said in a speech.

    She indicated that the U.S. is not respected abroad “when it comes to the impression created by the treatment of foreign and international law and the United States court, the jury is still out.”

    O’Connor indicated she and the High Court had been influenced in recent rulings.

    She cited foreign laws as having helped the Court rule that executing mentally retarded individuals as illegal.

    O’Connor also said the Court relied on European Court decisions when it struck down Texas’s law outlawing sodomy or sex between adults of the same gender.

    Rope. Tree. Black-robed traitors. Some assembly required.

  12. Blackiswhite, Imperial Agent Provocateur Comment by Blackiswhite, Imperial Agent Provocateur

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    It’s nice how the judiciary has gotten away from the belief that the genius of our system was that we didn’t do it like everyone else. I guess it is easier to copy others than form decisions based on logic, reason, and thought.

  13. LC Gunsniper Comment by LC Gunsniper

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    It’s a damned good thing you qualified that statement with “No judge in their right mind”, Gunsniper

    I was going to type “No right-minded judge…” but my brain pooched it.

  14. hitnrun Comment by hitnrun

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    Padilla was held for 3 1/2 years as an enemy combatant before he was added in late 2005 to the Miami terrorism support case.

    I think they should give him credit for time served.

    Which would segue nicely into a life sentence.

    She indicated that the U.S. is not respected abroad “when it comes to the impression created by the treatment of foreign and international law and the United States court, the jury is still out.”

    One of my favorite Ginsburg quotes. Some people just can’t make the synaptic connection between how the United States got where it is and why most of the world can’t emulate it. To Ginsburg, a hamfisted judiciary is the guarantor of American rights, nevermind the damage it does to American freedoms, or that there’s an almost direct correlation between legislating judiciaries and failed states.

    Ginsburg and her ilk are like the climber who makes it to the top of the cliff, watches her friend behind her slip and fall, and then dives off after him because she doesn’t want to be lonely.