Looks like the Justice Dept. shopped for a Republican Judge and somehow they got a the charges against Padilla thrown out, guess the Republicans are sanctioning terrorism. Cannot find a lot about the Judge except excerpts from the nominating yaketty yak from Orrin Hatch.
http://www.cnn.com/2006/LAW/08/21/pa...rge/index.html
MIAMI, Florida (CNN) -- A federal judge in Miami on Monday dismissed a terror count against Jose Padilla, the U.S. citizen once identified as a "dirty bomb" suspect and detained as an "enemy combatant."
U.S. District Judge Marcia Cooke said in a written opinion that the charge -- conspiracy to "murder, kidnap and main persons in a foreign country" -- duplicated other counts in an federal grand jury indictment handed down last year.
"An indictment is multiplicitous when it charges a single offense multiple times, in separate counts," Cooke wrote. As charged, she added, the indictment exposes Padilla and his codefendants to multiple punishments for a single crime.
The indictment, Cooke noted, "alleges one and only one conspiracy" and that the same facts are "realleged in each of the consecutive counts."
http://judiciary.senate.gov/member_s...90&wit_id=2628
Statement of Chairman Senator Orrin G. Hatch
Before the United States Senate Committee on the Judiciary
on the Nominations of Marcia G. Cooke to be
U.S. District Judge, Southern District of Florida