Padilla Lawyers Work the System

Southern District of Florida Blog summarizes the latest Padilla news:

Lawyers for Jose Padilla have appealed Magistrate Judge Garber’s pre trial detention order. In their appeal, his lawyers contend that Mr. Padilla’s application may be a fraud. The Government argued at the detention hearing that Mr. Padilla completed the form in 2000. Defense lawyers also assert that the government did not present evidence that Mr. Padilla could speak Arabic and therefore understand the contents of the form, or that he ever adopted the Arabic name Abu Adallah al Mujahir. Justice Department lawyer Stephanie Pell explained at the hearing that the application was authenticated by a cooperating government witness. One of the most interesting assertions in the appeal is that there were apparently more than 50,000 phone calls in the alleged 8 year terrorism conspiracy, and Padilla participated in only seven conversations.

Even ignoring the fraud allegations, we haven’t seen much suggesting that the government has a particularly strong case, have we?

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3 Responses to Padilla Lawyers Work the System

  1. Steve says:

    I’m sure I’m revealing my ignorance here, but what the heck is this article about? What “application” are they talking about? Who are the lawyers suggesting committed “fraud”? There’s clearly some background knowledge (or perhaps knowledge in general) that I’m missing.

    Care to elucidate?

  2. Michael says:

    “The jihadist training form that accused terrorist operative Jose Padilla allegedly filled out before heading to an Afghanistan camp may be a fake and requires fingerprint analysis, his defense attorneys say.

    ““There are several difficulties with the government’s reliance upon this form that should trouble this court,” Caruso wrote in the court filing.

    The government claims Padilla completed the form in July 2000, but the government didn’t get a copy until December 2001, Caruso pointed out.

    “The chain of custody of this form is thus unknown,” he states. “Although the government has had this form for 4 1/2 years and has had Mr. Padilla in custody for 3 1/2 years, the prosecution has yet to submit this form for fingerprint analysis.”

    Additionally, the government has no proof that Padilla writes or speaks Arabic, although it provided a copy of the form in Arabic to the court.

    The government also offered no proof that the name on the form, Abu Abdallah al Mujahir, was adopted by Padilla, Caruso said. The name Abu Abdallah “is a common one,” noting that Abu means “father of” in Arabic.

    The government also offered no proof that Padilla actually attended a terrorist training camp, Caruso asserts in the court filing.

    At Padilla’s pretrial detention hearing Jan. 12, Justice Department lawyer Stephanie Pell claimed that the training camp application was authenticated by a cooperating government witness. She also said Padilla’s date of birth, Oct. 18, 1970, was on his application.”

  3. Steve says:

    Michael:

    Thanks. Exactly the information I was hoping to see.

    Does Al Qaeda actually have application forms? Comedy gold. Pure gold. . .

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