Sadly, it's anti-climactic. The defense rested its case yesterday. The case against the three conspirators is basically at an end, save for rebuttal witnesses and closing arguments. The government has alleged and theorized about its vague and shadowy conspiracy charges involving terrorists somewhere on the planet and the defense has insisted proof being proven and contending no such documentation exists. None.
Truth be told, it all seems so weary now if it weren’t for the fact that the freedoms guaranteed by the Bill of Rights and some of the most critical Supreme Court decisions protecting those freedoms, hadn’t been grossly violated by this corrupt Bush-Gonzales regime. Can you find any non-ideologue in this nation who doesn’t believe the Attorney General is a liar, a perjurer?
As the trial comes to a close, it’s important to single out reporters from the often (and often deservedly) maligned Main Stream Media (MSM) who have been covering the Padilla trial from the very beginning and who, to their credit and to the credit of the profession of journalism, have not wearied in pointing out the gas in the government’s case.
I want to name names and then provide one sample of those who almost daily churn out responsible, fair stories about the trial.
Here’s my list and not in any particular order:
- Carol J. Williams – Los Angles Times Staff Writer.
- Laura Parker – USA Today
- Curt Anderson – Associated Press Writer
- Vanessa Blum – South Florida Sun-Sentinel
- Warren Richey -Staff writer for the Christian Science Monitor
There have been others who’ve dipped in and out of the story, not as regularly as the above but they too deserve mention:
- Deborah Sontag – The New York Times
- Carrie Weimar – Saint Petersburg Times
What separates the above mentioned from others in the MSM has been there absolute and total dedication to the truth of the trial. These men and women when writing about Padilla and the trial, never failed to mention that there had been “dirty bomb” charges – which the government dropped, and other charges, which the government dropped, and/or that Padilla was folded into this “conspiracy” case, late, after it had been filed against two other men.
I went to the trial in person, mainly to see Padilla, and his lawyer who’d been with him five long years, Federal Public Defender Andrew Patel. I also wanted to get a feel for the reporters covering the trial because I knew I had to rely on them for my information, putting it into a context almost never permitted in the MSM.
So, as things draw to a close, I want to parse one story, by Jay Weaver of the Miami Herald because it is an example of how, given the right conditions and the right reporter, it is still possible to get a fix on the truth of a story. Weaver’s story, focusing on a witness called by the defense team, was published last Friday, August 3rd. (I will keep my notations to a minimum)
With the end of the trial near, a defense team in the Jose Padilla terror case put on its strongest witness Thursday, when he testified that a suspected front for terrorists was actually a legitimate Islamic relief group.
Erol Bulur testified that he used his New Jersey warehouse to store tens of thousands of pounds of used clothes, canned foods and medicine donated by American Worldwide Relief, an organization run by a defendant in the Padilla trial.
Bulur said in Miami federal court that the relief group's efforts accounted for as much as twothirds of all the supplies that he shipped from his warehouse through Turkey to Chechnya's embattled Muslims in 1995 and 1996.
''A lot more than two or three boxes were sent by American Worldwide Relief,'' said the Turkishborn Bulur, rebutting a prosecutor's attempt to downplay the group's significant humanitarian role in the Chechen conflict. Indeed, jurors were shown video of Bulur's warehouse and 40foot cargo containers.
His testimony was powerful because it called into question a central theme in the U.S. government's case: that defendant Kifah Wael Jayyousi, a leader of American Worldwide Relief, used the group as a front to provide money, equipment and other supplies to Islamic terrorists overseas.
(Weaver has, rightfully with his experience with the entire trial, offered his evaluation of the strength of Erol Bulur’s words, rather that the inadequate and so misleading “he said.” Weaver continues with a recitation of why this testimony is taking place in this courtroom.)
He [Jayyousi] is accused of conspiring with former Sunrise computer programmer Adham Amin Hassoun and Padilla, also formerly of Broward County, to support terrorists such as al Qaeda between 1993 and 2001.
The highprofile trial, which began in early May, is expected to wrap up with closing arguments and jury deliberations in midAugust. If convicted, each of the defendants faces up to life in prison.
Prosecutors claim Jayyousi collaborated with Hassoun, a onetime vocal member of a Fort Lauderdale mosque, who in turn recruited Padilla and others to join ''violent jihad'' abroad.
They accused the trio of conspiring to murder, kidnap and maim people in Chechnya and other theaters where ethnic Muslims were under siege.
(Since Padilla’s name was the most prominent of the three, Weaver brings him into the story. Weaver neither shys away from the truth of Padilla’s violent youth nor his jail-house conversation.)
Padilla himself traveled in 1998 to Egypt, where the former gang member turned Muslim studied the Koran and Islamic culture.
(Now comes the most critical and most responsible part of Weaver’s story.)
At trial, prosecutors produced what they claim was Padilla's Mujahedin application form, which he allegedly filled out before training with al Qaeda in Afghanistan in fall 2000.
(This, you may recall, is the only “hard” evidence of Padilla’s alleged intentions in the entire trial. Weaver puts it in context stressing how weak the case is.)
But the government's case built largely on FBI wiretaps of phone conversations offered scant evidence of any of the defendants' direct involvement in any jihad theaters. [Emphasis added]
During trial, prosecutors introduced evidence showing Jayyousi raised almost $50,000 to buy satellite phones for Chechen rebels fighting Russian soldiers. His defense lawyers, William Swor and Marshall Dore Louis, argue that the phones were used for coordinating relief efforts in Chechnya.
Padilla has shrunk to insignificance during this four month trial, Jayyousi became a relief worker for the Chechen rebels – the same ones the United States supported with cash and military arms.
Of course, the 12 jurors who will decided the fate of Padilla, Jayyousi and Hassoun do not have access to Weaver’s fine analysis of the evidence or lack thereof, but such reporting will at least help the public make sense of the verdict when it is delivered.
That is Main Stream Media at its best.
(With Christopher Austin)
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hi lew
Suggestion: you might want to edit the second sentence to say something like “The Padilla defense rested . . .” because currently, you have to read pretty far to figure out what case you’re talking about.
Great analysis Lew.
jayt at 1
Hi back
Quicksand at 2
Thanks for the suggestion
Another minor correction is the T at the end of this sentence: What separates the above mentioned from others in the MSM has been there absolute and total dedication to the truth of the trialt.
TexBetty at 5
I saw it and hope it can be corrected. Thanks
Thanks for this post.
It’s refreshing to read something,anything with a positive spin.
The Anti-Libby.
Padilla will be found innocent, and Bush will throw him back into Gitmo.
A pawn to make precedent and an example of. Shudder.
albert fall @ 8
Yup. For jaywalking while eating zucchini.
Was Padilla convicted of a felony(s) in his youth?
I thought you said he had been, Lew. If so, how could he travel to Egypt in 1998?
Has the defense laid a foundation for effective argument on the Chechen effort being the same effort the United States officially and unofficially supported; or alternatively, was there a sufficient foundation already present from the government’s case in chief?
albert fall at 8
Yes, I think Padilla will spend the next year and a half in custody — until the next administration. There are those torture tapes — what –87? –> Padilla has them and I don’t see what he couldn’t release them to the public — or hell, sell them to 60 Minutes. That would make for some interesting viewing.
Nice post. It is too bad the BushCo government cannot find real terrorists to prosecute. It is disturbing to think that they would knowing try to place a person away in prison for life with such flimsy “evidence.”
(OT, you may want to change in the first two sentences “its” to “it is” and “it’s case” to “its case”)
Loo Hoo at 12
Padilla was convicted of murder but he was 15 at the time. Further — I don’t remember the exact charges — but he was in the Broward County slammer for firing off a pistol at a driver who had “offended” him. I know absolute zero about who can and cannot get a passport.
Lew, great reporting on this trial as always.
Now that it is over, do you have any read on the outcome? It sounds like an acquittal.
Will there be a huge media presence at the verdict? Will there be any mea culpas from the media which convicted him in the press if they are acquitted?
This could get interesting if he is acquitted… no?
Right On, Lew! I just got back from an errand!!!
pdaly @ 14
Yes. I find “they” disturbing.
wow,
thanks Lew,
especially for the list of the reporters that actually reported.
Thanks for this, Lew. This is a perspective we are only getting right here, from you.
Lew Koch @ 15
I find that disturbing.
“Sadly,
itsit’s anti-climactic. The defense restedit’sits case yesterday.”bmaz at 12
As far as I know (and I have not studied it at all) U.S. support for Chechen rebels was an “off the books” operation by the CIA. Everybody “knew” about it as long as the assistance did not come with an American military uniform.
At trial, prosecutors produced what they claim was Padilla’s Mujahedin application form, which he allegedly filled out before training with al Qaeda in Afghanistan in fall 2000.
Was there ever any evidence that Padilla *had* in fact trained with Al Qaeda, apart from the disputed application?
I just cannot see how, as a matter of law, filling out an application can be considered to be a substantial step in furtherance of a criminal conspiracy.
LS, are you disturbed? *G*
I’m amazed that NYT & WaPo are paying so little attention. No wonder I didn’tknow anything about this trial until I read your posts. This is a very impt trial for to judge how this admin is (or isn’t)handling terrorism prosecutions.
What a waste of the taxpayer’s money. DO these prosecutors believe in their case or are they bots without a mind?
Lew Koch, please know that these spelling and grammar suggestions are only to make things look more professional if anyone quotes your work later. They are not meant to be picky or personal.
SanderO at 16
CTuttle at 17
Thanks..and now I need to take a time out. All those typos and stuff — I have an excuse. Last night, the sewer and water pipes BOTH broke. I was flooding the street. The Evanston water dept worked 10 hours today to fix it and plumbers will be back for the next two days..I’m sure you all can understand then why those errors happened…six hours after I sent the column in!
LS @ 9
which makes us no different than any other tinpot… never mind.
Out of curiousity, what does Padilla himself say about the application form? Is he denying knowledge of it? not being allowed by his lawyers to answer questions about it?
Too many red pencils here.
Loo Hoo. @ 31
Clapping
Great post once again Lew. What bothers me most is the 300,000 phone calls, that is such a ridiculous
number. I doubt that they pulled that number out of their as***s so there must be a reasonable explanation. Have you heard any?
Lew Koch @ 29
Whoever said that bloggers don’t have editors! They have a whole crew of them.
jayt at 24
No evidence of his training has ever been presented aside from rumor.
TexBetsy at 28
You are correct in pointing out each and every mishap, and I thank you and all the others. I mean that seriously. Thanks.
I don’t think Padilla has spoken at all.
Maybe they cut out his tongue so he wouldn’t lie about his innocence.
pdaly @ 14
which in and of itself is highly disturbing, since everybody knows they’re out there, especially since shrub effectively claims jurisdiction over the whole bloody planet, on this matter.
…just another indication of how thoroughly this regime has failed, in all ways, in all things.
SanderO @ 36
I think they tortured him to the point of insanity.
Lew Koch @ 29
The guv’nent seeking revenge!!!
Thanks so much for listing reporters who actually do their jobs. It’s refreshing to learn that not ALL of them have fallen victim to the cocktail wienie and Kool-Aid circuit.
Loo Hoo. @ 25
I’m suffering general disturbancy…I knew you could tell :?…!
SanderO @ 36
is he even assisting or capable of assisting in his own defense?
“The days dwindle down, to a precious few” Ah, the September song…one of my very favorites :)
TexBetsy @ 38
just stop and think about that.
and he’s not the only one.
Blub at 30
There is evidence of his involvement. He “confessed.” That was asserted by a Justice Department officials. It’s also on those videotapes we’re not allowed to see because the admissions were obtained under torture with Padilla being denied an attorney. I think you call that adding insult to injury.
We need to fly full force in the face of the torture policy.
Can I be arrested for saying George W. Bush is a terrorist? The President is a terrorist.
Ford Prefect at 33
Yeah, the G expects us to believe 300,000 calls. And they expect us to believe they’re not listening to our calls or black entry into out homes and…and…and
Lew Koch @ 45
True! I swear he confessed but I can’t show you his confession because we lost’em, err… tortured him for it!!!
Us Navy Lawyer Charles Swift’s POV:
Pbs Now
Lew Koch @ 45
yeah, but therein lies the crux of it. If we’re dealing with people who’re willing to torture to get their victims to say what they want them to(and we all know how reliable any information attained under torture is), and if the interrogation tapes are super duper secrets, then how can we be sure that they exist at all? Or that he really confessed, even under torture? I mean, people who torture cannot be said to be credible anyway. For all we know, they said “Are you or have you ever been a member of AQ?” *wrip* *thud* *blam* Padilla replied “ummmm….” and they wrote that down as a “yes”
If this is what passes for shrubco investigatory procedure (A) all of us are terrorsts and (B) no real terrorist will ever be caught.
Oklahoma kiddo @ 47
No. I believe under current government rules, Bush now has to be investigated for being a terrorist. A citizen has made a claim. All claims must be investigated. We can never be too cautious. Tap his phones and bug his offices. Ditto all his contacts and cabinet members. If Bush is later cleared no harm no foul. But we are going to need these tapes anyway to stand in for the official (and missing?) presidential records.
Blub at 42
Padilla’s lawyers contended he had been tortured to the point of not being able to assist his lawyers. They was psychiatric evidence to support that. Judge Cooke said she had observed Padilla and thought he was fully capable of helping in his defense, What I had been unaware of until that ruling was that Judge Cooke must have also done psychiatric training for several years to have come to that conclusion so rapidly. Look — there was no way Judge Cooke was going to pass on this case. No way, no how, even if Padilla was drooling at the defense table.
Lew, thanks for the update.
And, on the red pencil/ blue pencil issue, for you and all, Jane and Christy have always said that they appreciated typo corrections. And, so you and we are following that tradition.
Do you have any idea when the verdict will be reached?
And, if you sign off at FDL after that, we will surely miss you. I hope that will not be the case. What will be your next project/ investigation?
Lew Koch @ 45
No, I call it bullshit. If the tapes were excluded by reason of containing evidence obtained via use of torture, then so is testimony referring to that same evidence.
Jesus, this case looks like the one where the Court of Appeals (where the hell was that?) not only reversed a conviction, but ordered the trial court to enter a judgment of not guilty without even re-trying it. I wonder what the record is for the number of reversible errors found within a single trial?
Blub at 51
Friday I deal with the torture and unconstitutionality in the Padilla case in a historical perspective. Don’t worry…I’ve got the very best historian in the United States on that subject.
broadsword @ 43
Now you’re making me think of Linda Ronstadt.
Lew Koch @ 53
..it’s so nice to live in a country with a politically independent judiciary….
Most Americans don’t have a clue as to who Padilla is. Or what the latest FISA fiasco was about. Sad situation.
lew-
shouldn’t jay weaver be included in your master list of reporters who reported well on the padilla case? i scrolled back and forth, because i thought, huh?, weaver wasn’t on the list, was he? no, then why is he sayin’ he’s doing it now, if he wasn’t on the list?
seems like he should be on the main list of reporters……..unless i read it wrong, that weaver didn’t do the reporting all along like the others……..
Thanks Lewis Z. Koch, I really appreciate your Padilla posts. You’re a fine writer and an able reporter. I hope against hope that the jury will do the right thing and free these 3 men.
All the best.
Oklahoma kiddo @ 47
Sure hope not, OKKiddo. Where would we be?
Waaaaaaaaaaaaa….I don’t like this. When I go out to the stores to society…everything seems normal. Why do I feel alarmed?
Please forgive me, Lew, for mentioning one more little thing…
Can you find any non-ideologue in this nation who doesn’t believe the Attorney General isn’t a liar, a perjurer?
In this sentence, there is one negative too many. I think what you mean to say is “can you find any non-ideologue who doesn’t believe the Attorney General IS a liar, a perjurer?”
In other words, it’s hard to find anybody who doesn’t think the bastard is lying through his teeth…right?
Please forgive me — you have every reason in the world to get at least a couple dozen MORE little glitches in your essay given all you’ve been through with your disastrous plumbing situation. Good luck to you with it! These things are always so very distressing, on top of being messy.
And please accept my sincere thanks for your work on this trial. You bring to this case a terrific set of analytical skills — and the kind of deeply humane sensibility this topic so desperately needs. Thank you so much for what, at times, must have been profoundly depressing to work on.
Bless you!
This is such an embarrassment that the people of the United States brought this case.
I would love to read the back story about how this entire charade was managed.
These guys are shameless… like the interrogators in the Black Sites written about in the New Yorker piece.
How can these people sleep at night? What world do they live in?
Valley Girl at 65
I’ve loved it here and this is the coolest audience I’ve ever had. I did get to meet Jane in Chicago and had the greatest time every with Christy Harden Smith. (Damn, there were some very interesting things we had in common.)
Let’s see how it all falls out but I appreciate the vote.
Loo Hoo. @ 62
…well they did pull that 13 year old out of school, and gave her the third degree withtout bothering to notify her parents, in Sacramento for saying mean things about shrub on her myspace page…
LS @ 63
Waaaaaaaaaaaaa….I don’t like this. When I go out to the stores to society…everything seems normal. Why do I feel alarmed?
Suddenly The Matrix doesn’t seem so fictional any more, huh?
SanderO @ 65
They live in “The Homeland”.
dmac at 60
I think if you check back, the story I quoted in its entirety was Jay Weaver’s.
jayt @ 68
Suddenly The Matrix doesn’t seem so fictional any more, huh?
;>
This judge needs to be removed from the bench permanently for allowing this case at all.
How is this done, do we place her on the long impeachment list?
Does this add to the mounting understand of how the nazis rose to power and committed such atrocities and the Germans did little to resist and so many jumped on board.
Look at Amerika now. History is repeating itself.
Substitute the moslems for the jews and keep and eye on all those detention centers that have been built.
Lew, I think you should consider writing a book on the case. My salute for outstanding work.
If not this judge there are probably tens of others who would have done the show trial.
I’m trying…really hard…I can’t get my head into the sand…I’m pushing…I’m squirming..I’m ramming…it is just not happening…I wish I could. This is painful.
Mrs. K8 at 64
Sometimes when I am writing about Alberto Gonzales there aren’t enough damn negatives. ‘caint get too much of a good thing. I mean…he sat there, in public, giving that kind of performance and we wonder how we got into Iraq?
Eureka Springs @ 72
just make it easier for ourselves, every single shrub appointee to anything goes. That way we don’t have to worry about proving anything against anyone or getting accused of staging a witchhunt. Everybody’s treated the same.
LS @ 63
Yes, you’ve hit it, exactly. It’s downright spooky the way things can seem so “normal” (in that psychotically American way of “normalcy”) while everything unravels.
Still, I do sense a kind of cloud hanging over people.
The day this administration is out of the White House I predict there will be dancing in the streets.
(Actually, that’s a safe prediction, since I know that I will be dancing in the streets for sure…)
LS at 71
Surely you don’t believe your unencrypted email is free from prying, ‘lying eyes. Welcome to the Matrix. (And that by the way, is my screensaver — all those green symbols training down and down and down…
If this guy Padilla gets acquitted, wonder what kind of a life he will have.
smapdi at 50-
that show, now, on pbs, last friday was something……..everyone should watch it………was about a govt lawyer who took on defending gitmo detainees……….link at 50 to the show…….wish everyone here would have seen it………talk about an uphill battle………
Blub @ 78
Agreed but Dems will be called out for propping up the robe industry, we can’t have that, no no.
LS @ 71
I know what you mean, LS. Just seems like there is no immediacy in anything. I’m freaked!
Oklahoma kiddo @ 81
there’s a charitable hospital somewhere.. maybe in Sweden, that provides assistance to torture victims
RonD at 74
No sense in being coy. Yes, I have started in on a book. In fact, perhaps people here can help. Anyone go to law school with John Yoo?
I found these to be the funniest comments I came across today:
“We have no control of the government in this country anymore: our votes don’t count, our opinions don’t count, and our outrage is suppressed by the same media that enabled the rise of herr Bush in the first place.
The time is nigh for revolution, people.
Posted by: malcontent
Date: August 7, 2007 2:40 PM
ixnay of the alking tay of evolu tion ray
best they dont know bout it eh?”
Lew Koch @ 80
Moi? Are you kidding?
Lew Koch @ 86
Where did he go to law school?
has padilla been offered a plea?
Lew, forgive me if this is about the wrong case, but did the defense originally say that they would call no witnesses?
Would anyone admit to knowing John Yoo on FDL? A prayer’s chance in hell Lew.
Lew Koch @ 86
Sign me up, Lew! Not for having gone to school with Yoo, but for getting the book.
Oklahoma kiddo at 81
That is a GREAT question. What will Padilla’s life be like? Sadly, there is a model: Ernesto Miranda — you know, the right to an attorney, if you do not have an attorney…
A tragic ending.
Lew Koch @ 86
Ooooh. That sounds like a book I will want to read. I have huge Qs about Yoo.
Valley Girl @ 89
Yale ‘92. Then clerked for Clarence Thomas, of all people
Lew Koch @ 86
Oh boy oh boy! This is a guy I really really want to see taken off his smug criminal perch.
And placed in a dock at the Hague.
You go, Lew, go!
Although if I went to law school with that cold evil bastard I certainly wouldn’t want to admit it, for fear of my degree being tainted by association. If you’re having difficulty finding people, my guess is that would be why.
Sorry I can’t help. I’d surely love to be able to do any little thing to help.
okay, googled.
Yale Law School in 1992.
wiki
Mrs. K8 @ 64
Vernacular english is horrid that way. I’m sure less than 1% of the population would even hear the difference, and less than 10% of those would understand it. You can’t give a “yes” or “no” answer. You have to say “Only an ideologue would think Gonzo is truthful”. Studying German is helpful in this, since they don’t allow this shit. Das ist streng verbotten.
eCAHNomics @ 95
You go for it Lew!!
Lew Koch @ 29
Evanston! Good ole Evanston. Rumor has it a Ghost was once moving around those parts. Hmmm…some main road running by N’western U….Sherman? Shiloh?…hell, I forget.
But there used to be a platform a few blocks from there….rickety old metal stairs. The L takes you southbound to Chi-town…but wait!!!! Just as it gets into Chi-town….WHOOSH! The ole L becomes a subway. They didn’t warn this Texas Boy of same…startled me for a sec! That’s as I recall….or perhaps I dreamt it all.
Ghostman
Wait did Padilla actually work for this Chechen relief (& I read Turks have been accused by the Russians of providing relief across border, mainly medical). If not why did the attorney or judges actually allow this relif organization to come up. Is the trial about Jayyousi or Padilla?
Mrs. K8 @ 97
John Yoo, is trying to “make himself small”, i.e, invisible…not so fast buster boy.
((((mrs. k8))))
Oklahoma kiddo @ 81
Hopefully sell his story to a publisher.
Oh, this might get fun. My best friend and best friend from college works for the Yale Alumni office. Lew, I will send you a list of his cohorts, if she can dig it out.
dmac @ 82
I had the fortune to watch it with a iraq war vet. He was floored when the lawyer called bush a king in this tiny sphere while in uniform.
linky
Valley Girl @ 106
So, ask them about the Taliban spokesman that got to go there after *^&%.
GordonM @ 99
It jumps right out at me. Aber vielleicht hat meine Studienzeit an zwei Universitaeten in Deutschland etwas damit zu tun. Never thought of it in that light, thanks for the insight.
What’s with Yale producing such menaces to humankind?
It’s a scenic ride chock full of bright shiny objects on the way to Crazy Town.
Valley Girl @ 98
What a disgrace. The Clintons graduated from Yale law school. In New Haven, we would joke about the house they supposedly cohabited in.