Precrime: Preemption at Home
Tuesday, January 22, 2008

The long saga of the Brooklyn-born "Dirty Bomber," Jose Padilla is over. After 3 and a half years in military custody, Padilla's constitutional rights were finally upheld and he was granted a civilian trial.

The three month trial showcased the post-9/11 standard for justice in America.

From the New York Times: "Following the defendants' convictions last Aug. 16, some legal experts said the success of the Justice Department's strategy cemented a new prosecutorial model in terrorism cases by relying on a little-used conspiracy law that required very little in the way of concrete evidence showing Mr. Padilla's intent or ability to carry out the crimes."

The key words here: "very little," "evidence," of "intent or ability." Despite this Padilla was sentenced to 17 years and four months on charges that he conspired to help Islamic terrorists around the world.

He conspired. He thought, talked, dreamed, and schemed about helping terrorists. But he didn't DO anything. Seventeen years.

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"We must not confuse dissent with disloyalty. When the loyal opposition dies, I think the soul of America dies with it."

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