Convicting Padilla: Bad News for All Americans

Convicting Padilla: Bad News for All AmericansBy Dave Lindorff08/18/07 "ICH" -- -
With habeas corpus a thing of the past,
with arrest and detention without charge permitted
, with torture and spying without court oversight all the rage,
with prosecutors free to tape conversations between lawyers and their clients,
and with the judicial branch now infested by rightwing judges
who would have been at home in courtrooms of the Soviet Union or Hitler's Germany,
for all they seem to care about common law tradition,
the only real thing holding the line against absolute tyranny in the U.S. has been the jury.

Now, with Jose Padilla--a US citizen who was originally picked up and held incommunicado on a military base for three and a half years, publicly accused (though never charged) with planning to construct and detonate a so-called "dirty" nuclear device (this a guy without a high school education!), all based upon hearsay, evidence elicited by torture, and a few overheard wiretapped conversations where prosecutors claimed words like "zucchini" were code for explosive devices-convicted on a charge of "planning to murder," we see that juries in this era of a bogus "war on terror" are ready to believe anything.That last line of defense-the common sense or ordinary citizens in a jury box-is gone too.The jury in this case apparently accepted the government's contention that Padilla was a member of Al Qaeda, and had returned from a trip to Pakistan full of plans to wreak mayhem on his own country.
They cared not a whit for the fact that the government had used methods against Padilla (three years of isolation and total sensory deprivation that had driven him insane)
which would have made medieval torturers green with envy.
They cared not a whit that there was no real evidence against Padilla.
This was, in the end, a case that most closely resembled the famous Saturday Night Live skit in which witches were dunked underwater to "prove" whether they were in fact witches, and where if they drowned, they were found to be innocent. In the end, Padilla's jury simply bought the government's wild and wild-eyed story. They decided he hadn't drowned, so he must be guilty.
Padilla can now expect to spend what's left of his life in prison.
Since the government has already driven him insane, he will have the added burden of being mentally unbalanced from the outset of his incarceration. His survival prospects are not good.The president promptly thanked the jury for their "good judgment.
"We can no doubt expect many more Padillas now that the way has been paved for this kind of totalitarian approach to law enforcement.
Beginning today, we can expect the government to begin arresting people on an array of trumped-up charges, locking them away in black sites, on military bases, or maybe even overseas, subjecting them to all manner of torture, and then finally bringing them to trial on trumped-up charges. We can also expect juries, made fearful by breathless warnings that "evil ones" mean us and our nation harm, to buy the government's stories.Who is at risk? That's hard to say, but it's clear that it won't just be hardened terrorist types. A presidential executive order signed by Bush on July 17 declares that anything that "undermining efforts to promote economic reconstruction (sic) and political reform (sic) in Iraq" could be deemed a crime making the perpetrator subject to arrest. Would writing essays critical of the president, the war in Iraq, or the "reconstruction" effort in Iraq meet that standard? Who knows? Would being interviewed for commentary as part of a news story on English-language Al Jezeera TV (which Bush and Cheney have declared to be supportive of the Iraqi insurgency, and which Bush reportedly at one point considered bombing!)?And how about anti-war protesters? We already have Washington, DC, under pressure from Homeland Security, threatening the organization World Can't Wait with multiple $10,000 fines for posting flyers around the city announcing an anti-war march and rally on September 15. If they go ahead with the protest, will they be joining Padilla?I have little doubt that this administration would love to lock up journalistic critics and protesters in military brigs, so the question is: how would juries respond to charges that American journalists and protesters against the war were treacherously undermining the Bush war effort?I used to be confident that most juries would laugh such cases out of court. After the Padilla decision, I'm not so sure.You want to think that your fellow citizens have at least some measure of common sense, but this case suggests otherwise--that they are easily frightened, gullible, and willing to believe the most fantastic claims of the government.The future does not look good for freedom in America.Dave Lindorff's newest book is "The Case for Impeachment", co-authored by Barbara Olshansky.



One can never advocate democracy, freedom and liberty abroad if it is abandoned at home.America is not a good example of any of the above.Bush and Cheney are simply on the wrong side of history.Other leaders worldwide who do not speak up for the good of the world eg. Afghanistan and Iraq are complicit in the crimes and misdeameanors of Bush and Cheney.Mind you, many are probably afraid of the BULLIES!If America and Israel were children they would need a time out.Derek 08.19.07 - 1:26 pm #

Are you kidding America and Israel are children. But the people are afraid to punish this child.cuda 08.19.07 - 1:36 pm #

There is no reason whatsoever to believe that Americans are any differeng from Germans or Russians or any other culture that has allowed and even supported genocide. It is the nature of human cultures, from time to time, to allow the lust for domination, destruction, carnage and suffering to take over.Steve 08.19.07 - 2:25 pm #

Evidently the author has never sat through voir dire (http://en.wikipedia.org/wiki/Voir_dire) or he would have known that Padilla's guilt was never in question. The government knows that it can easily find a dozen extremely ignorant Americans who can be influenced in simplistic ways. For example, during this trial the prosecutors showed the jury utterly unrelated movies of Osama bin Laden - and by association the jurors of course conclude that Padilla works for bin Laden. As cheap and sleazy as George himself.O.J. Simpson got off because of an elaborate jury selection. Simpson retained a private consulting firm that does nothing but evaluate prospective jurors during voir dire for trials of the very wealthy clients who can afford this very effective juror evaluation service. Psychologists, sociologists and attorneys make a deep analysis of the personality, economic circumstances, personal history, and prejudices of every prospective juror in a sophisticated selection process that can just about predict how a juror will vote prior to presentation of any evidence at all!I expect that "Baretta" used much the same manipulative - and very expensive - technique to get off from charges of murdering his wife.On the other hand, in trials that are very important to the government, such as those of Manuel Noreiga and Carlos Lehder, the the government prosecutors expend enormous effort in voir dire. Harpers Magazine quite a few years ago published the questionaire that the prosecutors required prospective jurors to fill out for the Noreiga trial. Have you ever owned a motor boat? Does your neighbor own a motor boat? Have you ever vacationed in the Caribbean? Yes? Then you're disqualified. Do you think that the government would allow any remote possibility of Noreiga's exoneration after sending the marines to invade Panama? Not a chance. These trials are decided before they begin; the political price to the government of losing a such a high profile trial would be too great, and no chances are taken. Imagine that you are a juror for the trial of any of Padilla, Noreiga or Lehder. Imagine that by pretending stupidity and malleability you managed to get on one of these juries. Now imagine that you've evaluated the evidence and you are convinced that the defendant is innocent. Now bear in mind that eleven very stupid jurors, your fellows, are certain of his guilt and are beginning to wonder about your motivations; and don't forget that George Bush #1 is watching this trial very carefully, having loudly condemned the defendant in public speeches and having invaded a nation to extract him. Now just how long do expect you are going to live, wanting to set terrorists or drug dealers loose on society? You vote to convict - or else.The government has at its disposal some one hundred million absolute ignoramuses who can be manipulated easily. I myself sat through jury selection, as a spectator, for a murder trial. I saw one prospective juror after another testify that a defendant must prove his innocence to be set free. One of these ill informed candidate jurors felt that the more serious the charges then the more incontrovertible must be the defendant's alibi. Another of the candidate jurors who felt that proof of innocence was incumbent upon the accused was the wife of a cop! I can just imagine the conversation around that dinner table!The morons that I observed during this process were culled from a much larger group during a preliminary selection process. I don't know the criteria for selection here, but I will say that every single one of those selected to appear before the judge and the attorneys for further selection were without exception pathetic ignoramuses, and were, furthermore, impresses and somewhat intimidated by the formal procedures, afraid to say anything out of line and eager to please.With a hundred million morons at its behest, the government can do anything it wants. "Remember, for me all things are legal." -- CaligulaGORBALT 08.19.07 - 2:30 pm #

...and I thought Padilla gets a fair trial, and since there was no real evidence against him, he should be a free man!Today I must agree with this statement:"We can no doubt expect many more Padillas now that the way has been paved for this kind of totalitarian approach to law enforcement."WHY are not Bush and Cheney held responsible for their crimes against the Constitution and International Laws? All they have to do now, is to declare some group "terrorists" or "enemy combatants" to bomb, jail and torture them.America has become a Police State, and our elected officials let them do it. I am appalled how it could come to this, and I fear elections are manipulated in favor of the ruling powers.Noc41Noc41 08.19.07 - 2:36 pm #

If only one person had refused to convict this poor soul might have a different fate. I live in a town of 22000 people. I think I am the only person that has gone to the congressmans office to push impeachment. I am also the only one to go to the state representatives office to try and derail the realid.Why do I feel no victory in being alone here in this struggle and possibly the only person that cares? This kiddos means that if I am railroaded here I will probably have the same fate as Mr. Padilla. Far from relishing my new position as town seer, it is a curse that brings home the reality that we have stepped back in time to 1938 nazi Germany. I try to explain martial law pdd's to people and I hear "naw that could never happen" Ignorance is bliss and my fellow citizens are blistered. I will continue to fight the globalist new world order but I must admit folks the possibility of retaking this nation looks slim to none. With private jails hungry for new meat trivial misdemeanors have now blossomed into capital crimes. Framing and inflating charges by cops and prosecuters is widespread. Sometimes I think it is a miracle from GOD that I have spent a day more of freedom. We are all just 80 dlls. a day to geo or wackenhut.We are merchandise to be shelved and forgotten. I did my 6 months in solitary because of a crooked cop,but next time I dont want to be taken alive. Why give them the pleasure of torturing me with sensory depravation? Soon any hint of independant thought or dissention will make one a candidate for "re-education". Another sad part of this will be that good cops will be in the firing line if citizens defend themselves against the invisible enemy.Police will be the only visible arm of instititional tyrany.I remember the Cuban missle crisis. It didnt worry me half as much as bushco. I like my enemy to be of a foreign nature.john k. riggs 08.19.07 - 2:44 pm #

I was born in Chicago in 1943, and lived in California until we migrated to Australia in 1982. I'm stunned over the rot that has permeated the country of my birth, and won't set foot there ever again. Australia is far from perfect, but the Aus Govt haven't gone this far - yet!Ronald Homepage 08.19.07 - 2:45 pm #

Well said GORBALT. In The case against me there was no evidence. The grand jury just listen to the cop and bam the rubber stamp. The constitution that I hold so dear saved me and brought me out of dubyas dungeon. Yes folks, dubya was a stockholder in wackenhut correctional. How convenient to profit from ones victims.By my insistance on a jury trial I was vindicated, I wont have that option next time.john k. riggs 08.19.07 - 3:02 pm #

what a travasty of justice!!!! Padilla never had a chance!! This could happen to any American citizan why don't more people read ---get on the internet and learn the truth--if you don't we will end up with a fascist government--Kucunich is a great contender for president!!! Vote for him!! He is brilliant and very sage !! He is the only one that makes any sense!!!jeannette helman 08.19.07 - 3:26 pm #

I told you so, several times! Or, if not you some other American. What = to me = seems worse is that symptoms of this very infectious malady are showing up in Europe. That's caused by another thing I warned against: globalized, "free" trade.Hans 08.19.07 - 4:30 pm #