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Confessed Terrorist May Be Tried In US

From a delighted Washington Post:

Criminal Charges Against Detainee Weighed

Prisoner Would Be 2nd Brought From Guantanamo to U.S. for Federal Trial

By Del Quentin Wilber and Julie Tate
Saturday, July 25, 2009

The Justice Department signaled in court papers Friday that it was considering filing criminal charges against a Guantanamo Bay detainee who is alleged to have thrown a grenade at U.S. troops in Afghanistan.

The detainee, Mohammed Jawad, would be the second prisoner brought from the U.S. military facility at Guantanamo Bay, Cuba, to the United States for a federal trial if the Justice Department proceeds with a prosecution…

Until recently, the government had justified holding Jawad by citing his confessions to Afghan police and U.S. soldiers.

But a federal judge was leaning toward tossing out those statements by adopting a military commission ruling last year that the confessions were obtained through torture.

Last week, the government abandoned the use of those statements, and U.S. District Judge Ellen S. Huvelle gave the government until Friday to file court papers laying out other evidence. The judge set a hearing for Aug. 5 and sharply criticized the government’s case, saying it was "riddled with holes."

Instead of providing Huvelle new evidence, the government announced it was going to abandon the habeas fight and was examining whether it could charge Jawad with a crime in a U.S. court.

In a search of records, Justice Department lawyers wrote, authorities had discovered eyewitness accounts of the attack "not previously available for inclusion in the record" and videotaped interviews of witnesses.

Attorney General Eric H. Holder ordered that the criminal investigation be expedited, and Jawad was being transferred to another area on the Guantanamo Bay naval base, the lawyers wrote. The Justice Department stopped short of saying it had made a firm decision in his case.

Jonathan Hafetz, Jawad’s attorney, said the court filing was "another example of the government playing tricks and games with the federal courts."

"They want to avoid a hearing before a federal judge who is poised to rule against them," said Hafetz, who works for the American Civil Liberties Union

In court filings, the government has alleged that Jawad threw a grenade into a vehicle that was on a humanitarian mission, seriously injuring two U.S. Special Forces soldiers and their Afghan interpreter Dec. 17, 2002.

Jawad was also accused of being associated with a group tied to Osama bin Laden.

The government had planned to try Jawad for the attack in military tribunals. But that case evaporated upon close inspection by military prosecutors and judges who grew concerned about how Afghan police and U.S. forces obtained his confessions the night of the attack.

A military judge, Army Col. Stephen R. Henley, threw out the statements to Afghan police after he determined that the interrogators had threatened to kill Jawad or his family if he didn’t confess.

The judge also tossed out statements that Jawad gave that night to U.S. soldiers because his fears of being harmed "had not dissipated."

Mind you, Mr. Jawad was seen by an Afghan policeman throwing the grenade at the US soldiers, killing one and wounding another and their interpreter.

His partner was grabbed in the process of throwing another grenade.

From the Associated Press:

Two U.S. Soldiers, Interpreter Wounded in Kabul Grenade Attack

Tuesday, December 17, 2002

KABUL, Afghanistan  —  Attackers hurled a grenade into a jeep carrying two U.S. soldiers and an Afghan interpreter in the heart of Kabul on Tuesday, wounding all three, the U.S. military said…

Kroske said three suspected assailants were arrested, but Kabul Police Chief Basir Salangi said only two men were in custody.

He identified them as Amir Mohammed, of Khost in eastern Afghanistan, and Ghulam Saki of Jalalabad, the capital of Afghanistan’s eastern Nangarhar province.

Mohammed was arrested with at least two grenades in his pocket, Salangi told The Associated Press.

Four U.S. Humvees equipped with machine guns guarded the site of the attack, on a crowded corner in front of city’s Blue Mosque. A policeman at the scene, speaking on condition of anonymity, said he saw a boy throw a grenade toward the vehicle and witnessed a second man, gearing up to throw another grenade, tackled by a fruit vendor

Note too that when Mr. Jawad (called Mr. Mohammed by the AP) was arrested he still had hand grenades on his person.

As the Washington Post article notes, Mr. Jawad subsequently confessed both to the Afghan police and later to US authorities.

Moreover, the question of Mr. Jawad’s tender age was only raised by the ACLU very recently, as an obviously last ditch effort to get him free.

The ACLU’s claims are based upon a supposed interview by an ‘Afghan rights group” with Mr. Jawad’s mother, who couldn’t remember when her son was born. But she thought it might have been around the time of the battle of Khost.

From Reuters:

Afghan was taken to Guantanamo aged 12: rights group

Wed May 27, 2009

By Sayed Salahuddin

KABUL (Reuters) – An Afghan who has spent over six years at the U.S. military’s Guantanamo Bay prison was only around 12 years old when he was detained, not 16 or 17 as his official record says, an Afghan rights group said on Tuesday.

Interviews with the family of Mohammed Jawad, who like many poor Afghans does not know his exact age or birthday, showed he was probably not even a teenager when he was arrested in 2002, the Afghan Independent Human Rights Commission said.

The U.S. military, however, disputed the commission’s assertion, saying its records stated that Jawad was 18 when he was transferred to the prison at a U.S. Naval base on Cuba.

"We asked his mother what was the big event close to his birth that you can remember, any change in the president etcetera, and she said that he was born around six months after his father’s death," Nadery told Reuters.

"We tried to explore more when his father died, and his father died in a battle in Khost," he said.

That fighting was in 1991, according to a petition submitted to the Afghan supreme court this month on Jawad’s behalf, aiming to force President Hamid Karzai to seek his release.

Nadry said the commission checked Jawad’s mother’s story, interviewing other relatives and officials including a soldier who commanded Jawad’s father.

Major Eric Montalvo, a Pentagon-appointed U.S. Marine Corps lawyer representing Jawad, said his client — who may still be a teenager if his mother’s dates are correct — should be released..

Never mind that, as the Reuters article notes, the US military established Mr. Jawad was over 16 using bone scans and other techniques.

And never mind that even in the US we don’t release murders even if they are teenagers.

Still, this is the taxpayer supported ‘charity’ the ACLU and their fellow travelers at work. They can always be counted on to do all it can to help he enemies of our country.

And there are far too many judges are are eager to help them at every turn.

Which is exactly why they want these trials in the US  court system.

This article was posted by Steve on Saturday, July 25th, 2009. Comments are currently closed.

7 Responses to “Confessed Terrorist May Be Tried In US”

  1. Liberals Demise says:

    Confessed Terrorist?
    Illegal Aliens?
    WTF is the difference? Both get a pat on the head and a blind eye to the activities both are doing here against our own.

    Terrorist bleed us in our own streets and Illegals bleed us monetarily.
    (I know…..I’m shouting)

  2. Semper-Par-FI says:

    This is insanity at its highest. If it was my son that was killed by this P.O.S. and I found out where he was going to trial… He would not make it to trial.

  3. caligirl9 says:

    First, the “Justice” Department will bring this POS onto U.S. soil.
    Then, they will extend visas to his family so they can be supportive during the trial. The family will, of course. be given as much financial aid as possible.
    After the “trial,” his family will be unable to return to their “homeland” and will apply for political asylum. They will be given green cards and TCO-created free health care benefits and whatever “entitlement” programs that can be found. Perhaps some nice government housing, a la illegal alien Auntie?
    Once the “terrorist” has done his “time,” he will be offered a green card and a path to citizenship.

    By the way, how is the little Somali pirate doing in U.S. custody? Has he gained any weight yet?

    • Liberals Demise says:

      It is said they are toilet training the lad as I type………….but the proof is in the paperwork!!

      (pun intended)

  4. neocon mom says:

    This is utter madness.
    He will get off in a U.S. court because so much evidence will be withheld. I’m sure he wasn’t Mirandized on the battlefield.
    Information disclosed during discovery will be provided to the enemy if it is of any value.
    This p.o.s. who took up arms against our country should never be given this type of privilege.

    • pdsand says:

      Did a judge issue a warrant before he was arrested? Then the fact that he had grenades on his person is inadmissable as an unreasonable search and seizure. Is this Afghani policeman available to testify? Then any account of his involvement is heresay. Did the lad have a reasonable fear that two armed Special Forces troops might turn their weapons on him, as our baby killing troops are wont to do? Then he was acting in self-defense. Blah-blah-blah.

  5. wirenut says:

    Caligirl9, the only weight the lil scumbag should gain, is the # of grains in a .308 or larger. Minus grey matter displacement. Resulting in to terrorist particulate. Which means nothing big enough to put on a scale.

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