Federal Judge Tossed Most Evidence Against Former Gitmo Detainee

January 8, 2010
By 5 comments

Gee, any way Obama the brilliant legal scholar could have foreseen this?

AP: A federal judge has tossed out most of the government’s evidence against a tarrorism 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. …

I wonder who appointed Judge Hogan.

Via Weasel Zippers

Memeorandum has more links.

Reaganite Republican Resistance linked – Thanks!

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5 Responses to Federal Judge Tossed Most Evidence Against Former Gitmo Detainee

  1. Ad rem on January 8, 2010 at 11:45 pm

    Hi Lonely,

    Read one of your comments over at The Other McCain and decided to check out your site. I too am a lonely conservative in California.

    To answer your last question re Judge Hogan. He was appointed by Ronald Reagan in 1983, and his most recent notable court action was ruling that the FBI raid, on the now imprisoned Rep. William Jefferson”s (D-LA) Capital Hill office, was legal. Hogan himself had signed the warrant.

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  2. Lonely Conservative on January 8, 2010 at 11:56 pm

    California – I bet it’s lonely being a conservative out there. I’m in NY.

    Thanks for the info. I was going to look it up, but after two late nights blogging I’m kind of running out of steam.

    Have a great weekend and I hope you come back.

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  3. michigan on January 9, 2010 at 9:37 am

    We’ll see were this goes, but this is one example of what can and will happen when you misfit a civil justice system with a war criminal. I’ll give the Judge the benefit of the doubt, he certainly knows law better than I, but the core guilt of the “accused” is not in doubt with any sane American. Yes, we want them adjudicated, but not with the rights of a U.S. citizen. This is war; and unfortunately to our peril, our president doesn’t have that concept and belief firmly rooted in his decision making process. Oh yeah, he’ll say it, at times, but as the old saying goes, “actions speak louder than words”.

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  4. Gary P on January 9, 2010 at 10:24 am

    The judge is bound by the laws we have established and has no choice. The president who is pushing this knew the difference between this court and chose this direction as part of his first year’s diplomatic answers. “Our nation is at war against a far-reaching network of violence and hatred.” He refuses to admit that this is World War Three and we are letting war criminals captured dictate to us how they are to be treated by us. We need to start in 2010 with cleaning both House’s in Congress.

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  5. ZORRO on January 9, 2010 at 12:24 pm

    Would really have been funny if the judge let him out on bail!

    Like or Dislike: Thumb up 0 Thumb down 0

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