Posted on 01/15/2008 8:31:00 PM PST by NormsRevenge
MIAMI (AFP) - Jose Padilla, a US citizen convicted of supporting the Al Qaeda terror network, could face anywhere from decades to a lifetime behind bars, a federal judge said on Tuesday.
Judge Marcia Cooke rejected defense claims that Padilla, 37, and two co-conspirators had not commited any actual act of terrorism.
She ruled that a special provision for stiffer penalties applied and that the three could each face prison sentences of 30 years to life.
Before Cooke delivers sentence, probably later this week, lawyers for the two sides will present their arguments for sentencing.
The prosecutors want Padilla, Adham Amin Hassoun and Kifah Wael Jayyousi to spend the rest of their lives behind bars, while the defense team hopes to obtain lesser sentences, arguing the conspiracy was overstated.
A jury in August found the three guilty of aiding a US-based Al-Qaeda cell that supplied recruits and funding to Islamic extremists abroad, and conspiring to murder, kidnap and maim people in Afghanistan, Chechnya, Bosnia and other countries from 1993 to 2001.
The prosecutors claim Padilla traveled abroad to train as a "jihad" fighter, and filled out under an alias an application to receive "violent jihad training" while in Afghanistan in July 2000.
When the sentencing phase started last week, the defense raised more than 90 objections, arguing that much of the evidence in the trial was politically tainted.
Cooke on Tuesday rejected arguments that Padilla played only a minor role in the conspiracy, and said a "terrorism enhancement" label applied to all three. The legal provision calls for stiffer sentences in cases where the offense is "calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct."
The defense lawyers insist the three had nothing to do with Al-Qaeda, but sought to help Muslims in conflict areas.
Padilla, dubbed the "Puerto Rican Taliban," was arrested in May 2002 at Chicago's O'Hare airport after returning from Egypt and was taken to a US navy prison in South Carolina.
US authorities justified his detention without charge saying he was an "enemy combatant" who allegedly planned to detonate a radioactive bomb in the United States.
But when he was transferred to the civilian justice system after three-and-a half years in military detention, the indictment made no mention of the so-called "dirty bomb" plot.
Could face life, I was hoping for the death penalty for that traitor, who, through no fault of his own, could have murdered more Americans on 9/11.
Okay. I’d rather see him sizzle or IVzzle, but may I at least dispose of the key to his cell?
Excellent.
Hopefully, they don't send him (them) to the "Gitmo" of the Plains, Leavenworth!!!!
We've got enough of these dudes to last a lifetime!!!
That's another reason Huckabee is such a loser, wants to close Gitmo and send 'em all to Leavenworth!
Let's send those cut throat terrorists to his neighborhood for a change.
Guy on the left is McVey. Padilla goes uncharged.
Aren’t you missing a pic or two?
Yea Nichols wasn’t on this wanted poster for some reason
Most likely because revealing the evidence for that would endanger sources and methods.
Life?
clown should hang.
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