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Judge Tosses Detainee Confession(s)

A story that almost slipped by us, from a cheering Associated Press:

Judge tosses out most evidence on Gitmo detainee

By Pete Yost, Associated Press Writer Fri Jan 8

WASHINGTON – A federal judge has tossed out most of the government’s evidence against a tarrorism [sic] 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.

So the standard now is only statements made in the presence of a lawyer can be accepted in court?

Do run of the mill criminals in our justice system get this kind of protection?

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.

Now even being caught red-handed in a battle has to be treated like an alleged crime.

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.

Mind you, Mr. Hogan was appointed to the DC bench by President Reagan.

Which just goes to show that no judge, especially one living in DC, can be depended upon.

This article was posted by Steve on Sunday, January 10th, 2010. Comments are currently closed.

6 Responses to “Judge Tosses Detainee Confession(s)”

  1. mr_bill says:

    If we would shoot these terrorists where we find them (after interrogation) this kind of thing would not be happening. Dead men tell no tales and a bullet costs a whole lot less than a cell at Gitmo.

  2. proreason says:

    This country is suicidal. We need an intervention fast.

    • Liberals Demise says:

      What we really need is a lawyer on “OUR” side of this whole damn thing!!!
      Or a revolution on the scale of 235 years past.

    • wirenut says:

      Lawyers don’t take sides LD.. Which makes them the perfect criminals. Both ends against the middle or any combination of the above. Nothing personnel, just business, to them.

    • Liberals Demise says:

      If that’s the case, they won’t be missed if we cull the herd.
      Nothing personal………just cleansing the gene pool.

  3. canary says:

    It’s impossible for any war to be fought perfect, the goal of keeping the U.S.A. and our U.S. military safe comes after Obamas’s new goal is to “literally” “pacify and provide aid” in every conceivable imaginable way to the muslim terrorists.
    They are even getting “immediate” “civilian medical” attention, our soldiers can’t receive.
    These terrorists on trial won’t mind a cell, meals, an opportunity to spread their religion & convert others. Anything beats the sand, sludge, and barren conditions they had prior.

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