January 30, 2007

GENERAL ASHCROFT WINS AGAIN:

Court reinstates key Padilla charge (CURT ANDERSON, 1/30/07, Associated Press)

A federal appeals court on Tuesday reinstated a key terrorism charge, the only one carrying a potential life sentence, against suspected al-Qaida operative Jose Padilla.

A three-judge panel of the 11th U.S. Circuit Court of Appeals agreed with federal prosecutors in Miami that the charge that the U.S. citizen and his two co-defendants conspired to "murder, kidnap and maim" people overseas did not duplicate other counts in the indictment.

The Atlanta-based court reversed a decision last summer by U.S. District Judge Marcia Cooke, who said the three charges in the indictment contained nearly identical elements and could subject the defendants to extra punishment for the same act, violating protections against double jeopardy.

Posted by Orrin Judd at January 30, 2007 5:59 PM
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