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Bad Judicial Precedent for KSM Trial - WoodlandsOwl - 01-08-2010 03:54 PM
:muttering: and Obama wants to try KSM...
Judge Rules Out Most Evidence On Gitmo Detainee
by The Associated Press
January 8, 2010
A federal judge has tossed out most of the government's evidence against a terrorism detainee on grounds his confessions were coerced, allegedly by U.S. forces, before he became a prisoner at Guantanamo Bay.
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.
Musa'ab Omar Al Madhwani allegedly engaged in a 2 1/2-hour firefight with Pakistani authorities before his capture in a Karachi apartment in 2002.
The detainee says that after five days in a Pakistani prison, he was handed over to U.S. forces and flown to a pitch-black prison he believes was in Afghanistan. He says he was suspended in his cell by his left hand and that guards blasted his cell with music 24 hours a day.
He said that he confessed to whatever allegations his interrogators made and that harassment and threats continued after he was moved to a different prison in Afghanistan.
Al Madhwani said that interrogators at Guantanamo Bay on multiple occasions threatened him when he tried to retract what he now claims was a false confession.
The judge said he was particularly concerned that interrogators at Guantanamo Bay relied on or had access to the coerced confessions from Afghanistan made by Al Madhwani.
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.
"Far from being insulated from his coerced confessions, his Guantanamo confessions were thus derived from them," Hogan wrote.
The judge said the government presented medical records about the detainee's debilitating physical and mental condition that confirm his claims of harsh treatment during the 40 days he spent in Pakistann and Afghanistan.
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.
http://www.npr.org/templates/story/story.php?storyId=122370492&ft=1&f=1003
RE: Bad Judicial Precedent for KSM Trial - Rebel - 01-08-2010 04:16 PM
People, this isn't about politics, this is about national security. THIS is why those dirtbags need to stay at Guantanamo Bay. We're signing a suicide pact with this idiot in office right now. Now, imagine a lot of our special operators and troops being yanked from the battlefield to provide testimony....and expose their faces, names, locations, and everything else to our enemy. We'll never win a war like this. Never in history. This is why people don't trust sillyass liberals with the defense of this nation.
RE: Bad Judicial Precedent for KSM Trial - SumOfAllFears - 01-09-2010 01:25 PM
You are painfully right, Rebel. Protect yourself, for the poor and criminals are the only ones worthy of protection according to liberals.
Here is some more for you Rebel on Judge Hogan, He hates VETS, they have no protection.
http://www.vetsforjustice.com/JudgeHogan.htm
Chief Judge Thomas F. Hogan Joins Conspiracy Against Veteran
An Habitual Liar Judge Attempts to Cover Up Crimes!
Chief Judge Thomas F. Hogan, of the United States District Court in Washington, D.C., has decided to make a whore out of justice, and to "fan the flames of the growing discord across this country against government corruption".
He joined the ongoing conspiracy to hide the truth in Case 84-0399, a lawsuit filed by a 100% Service-Connected Disabled Combat Veteran against the Veterans Administration. [Now called the Department of Veterans Affairs.]
In that lawsuit, Billy Kidwell, a Disabled Vietnam Combat Veteran, sued the VA for refusing to process his VA Claim for some 14 years. All he wanted was an ORDER from the Court to force the VA to simply make a decision, one way or another.
Even if the decision was not favorable to the Veteran at least he could appeal it. Anything was better then just having the case sit, with nothing being done.
The U.S. Attorney in Washington, D.C. was representing the Veterans Administration. He was afraid that the VA might lose the lawsuit, because the evidence was clear that the VA HAD sat on the veterans Disability Claim for 14 years, and that the Veteran was entitled to relief in the form of a decision of some kind.
So, the U.S. Attorney came up with an illegal scheme to prevail on the lawsuit, by illegally destroying the evidence!
The U.S. Attorney, together with the V.A. Office of General Counsel, destroyed the VA Claim File of Billy Kidwell, and then filed a Motion to Dismiss the Veterans Lawsuit, in which they fraudulently claimed "the VA had no record of the Veteran ever filing for VA Benefits".
The U.S. Attorney knew this was a lie since he had schemed, and destroyed, the Veterans Records.
And the conduct of the U.S. District Court in Washington, D.C. proves it knew, and was a party to, the illegal scheme to destroy the Veterans VA Claim File.
Now recent actions by Judge Thomas F. Hogan makes "Any Reasonable Person" believe he is rotten, corrupt, and in on the illegal scheme also.
An "Honest" Judge wants the truth in his Court Room, and is not afraid to speak it.
For he knows there can be no justice without the truth.
An "Honest" Judge would be upset to find that his Court has been "Tainted" by a party to a lawsuit lying, and destroying evidence, as the evidence proves the U.S. Attorney has done in Case 84-0399.
An "Honest" Judge would be eager to issue an ORDER reflecting the truth, especially if the ORDER would assist in bringing some relief to the victim, as in this case.
A victim that fought for this country, and the Constitutional Rights, the Federal Court so freely abuses.
The conduct of the U.S. District Court in Washington, D.C. demonstrates that the Judges in that Court are a long, long way from "Being Honest".
And for eighteen (18) years there has not been a single judge in the U.S. District Court in Washington, D.C. honest enough to issue an ORDER simply stating the truth about Case 84-0399. Not One!
When there was, at last, enough pressure to get Chief Judge Thomas F. Hogan to actually look at the case file, he sat on the case for months, despite the fact that the victim had been denied the truth for an appalling 18 years, as he schemed with his assistant seeking a way to continue the 18 year cover-up.
Chief Judge Thomas F. Hogan, with others, came up with the following scheme to continue to cheat the Veteran, and to keep covering up the government's illegal conduct.
A two part "Con Game".
1. First, he would lie, and try to "Neutralize" the Veterans complaints about the Washington Court not acting on the Veterans Motions for some 18 years, thereby illegally denying the Veteran his Constitutional Right(s) of Access to the Courts.
To this end, he sent the Veteran a letter claiming that the Court has somehow not received the Complaint Letters the Veteran has constantly sent for some 18 years.
Since many of the letters were sent by CERTIFIED U.S. Mail it is a "Real Mystery" how a Chief Judge can have his office sign for dozens of Certified Letters from the Veteran for 18 years, yet, according to Chief Judge Hogan, never receive the letters.
Either Judge Hogan wants us to believe that there is "some kind of Black Hole in the U.S. District Court where letters Disappear after they are signed for by the Court", or Chief Judge Hogan is a blatant liar.
The Veteran, Billy Kidwell, has records of the letters, U.S. Postal Receipts, and Affidavits, to prove Chief Judge Hogan lied.
Simply put, the evidence clearly shows Judge Hogan is a blatant liar!
2. The second part of Judge Hogan's "Con Game", is to join the conspiracy, and continue to cover up, the crimes of the U.S. Attorney, illegally destroying the evidence, and lying to the Court, and the Court's Conduct in assisting in the cover up for 18 years.
To this end, Judge Hogan, decided to leave out facts, and misstate many of the facts he did use.
For example, Judge Hogan left out all facts exposing the illegal government conduct, in Case 84-0399.
And he skillfully "Rearranged" the few facts he did use, exactly the same way fiction writers create their works of fiction.
Judge Hogan was "Selective" as to technical issues. His theory is Pro Se Litigants must not make "Mere Technical Errors" however the U.S. Attorney, and the Court, can purposefully violate the rules.
Such a view violates both the United States Constitution, and well settled law that it is the Pro Se Litigant that must have a very liberal construction.
Most important, Judge Hogan avoided, and ignored, the real issues of the massive government corruption, and cover up, in Case 84-0399, and the blatant, and continuous, violation of Disabled Veteran Billy Kidwell's Constitutional Rights.
Simply put, when Judge Hogan is presented with overwhelming evidence that the U.S. Attorney committed crimes to wrongly prevail in Case 84-0399, Judge Hogan changes the subject, and makes some frivolous statement about a mere technical issue.
And won't address the Crimes!
Highly educated Judge Hogan uses slick legal tactics to avoid being truthful.
He blames the Pro Se Disabled Veteran for minor technical errors, while his OWN COURT ORDER admits that his Court purposefully, and knowingly, refused to rule on at least two motions filed by the Veteran in January of 1993.
A time period of nine (9) years!
Chief Judge Hogan downplays the fact that his Court, purposefully, and knowingly, denied the Disabled Combat Veteran his Constitutional Rights of any "Meaningful" Access to his Court for nine (9) years on those two Motions.
And to show the kind of Corrupt Judge he is, lacking in Conscience, and Morals, he denies both Motions his Court has hid for nine (9) years without even addressing the merits of the Motions.
This, most of all, shows the kind of Corrupt Judge Thomas F. Hogan really is!
He looked for a technicality. Any reason to avoid dealing with the merits of the government corruption.
He came up with the Pro Se, highly disabled, litigant not timely filing his Motion.
Never mind that the Court knowingly, and purposefully, was nine (9) years late on ruling on the Motions.
Never mind that the reason the Pro Se highly disabled Veteran make technical errors, if he did, was because of a Corrupt Court illegally covering up, for a Corrupt U.S. Attorney.
At any rate, there was no way Judge Hogan could deal with the merits of the Motions, because both Motions sought to expose the fraud by the government.
The crimes by the government. And sought an ORDER reflecting the truth.
And Judge Hogan does not like the truth.
He does not want to see it. Or hear it. And he seems completely incapable of speaking it.
Because of this, Chief Judge Thomas F. Hogan is not fit to even be a traffic judge. He has done grave harm to the American Judicial System, and to Federal Judges everywhere, that are actually honest.
Even a high school kid knows that an "Honest" Judge would want to get to the merits of any claim of fraud, or illegal conduct in his Court.
Even a high school kid knows an "Honest" Judge is not afraid to tell the truth in a Court ORDER, especially if it could help a victim.
Only criminals, and those that have done wrong, are afraid of the truth.
And clearly any high school kid would make a better judge then Chief Judge Thomas F. Hogan.