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Kadie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 07:54 PM
Original message
Justice Department seeks to throw out major terror conviction
Justice Department seeks to throw out major terror conviction


By JOHN SOLOMON and CURT ANDERSON, Associated Press


Last Updated: August 31, 2004, 05:28:46 PM PDT


WASHINGTON (AP) - The Justice Department has asked a judge to throw out the convictions of a suspected terror cell in Detroit because of prosecutorial misconduct, reversing course in a case the Bush administration once hailed as a major victory in the war on terrorism, legal sources said Tuesday.

The department told U.S. District Judge Gerald Rosen that it supports the Detroit defendants' request for a new trial and would no longer pursue charges of material support of terrorism. That means the defendants at most would only face fraud charges at a new trial, the legal sources said.

The department's decision came after a months-long independent investigation uncovered several pieces of evidence that prosecutors failed to turn over to defense lawyers before the trial last year and exposed deep disputes within the government over the course of the case and the quality of the prosecution's evidence.

The announcement is expected as early as Wednesday, in the shadows of the Republican National Convention in New York, where President Bush and his allies are trumpeting his successes in the war on terror.

more...
http://www.modbee.com/24hour/politics/story/1613161p-9287445c.html
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UpInArms Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 08:01 PM
Response to Original message
1. terror is fraud?
or fraud is terror?

hmmmm....

where does that put Kenny Boy?
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shraby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 08:11 PM
Response to Reply #1
2. Looks like a big waste
of money and time. Has anyone been convicted of terrorism yet?
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dqueue Donating Member (226 posts) Send PM | Profile | Ignore Wed Sep-01-04 09:14 AM
Response to Reply #2
10. the only conviction...
that comes to mind is that of Richard Reed, the wacko "shoe bomber". Of course, he was not apprehended due to any policy or action of bush co; he was apprehended by other passengers on the plane who accosted and restrained him.

I haven't heard anything further about the lawsuit of the Detroit prosecutor against Ashcroft. As I recall, he felt Ashcroft knowingly compromised the case. There was the German case that was compromised because bush co refused to give up evidence US may have collected.

This whole administration is a sham. It discourages me that so much of America still supports bush co. It feels less like a "melting pot" of cultures, and more like a "cesspool" of ignorance.
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lazarus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 08:17 PM
Response to Original message
3. flip flop!
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goforit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 09:09 PM
Response to Original message
4. I guess this was all in fun...right Ashcroft???....War on Terror???..NOT!!
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MO_Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 09:17 PM
Response to Original message
5. Sheesh!
I can't wait for this incompetent nincompoop Attorney General to be kicked out of office! If they didn't have the evidence, why in the world did the bring the charges? (I'd guess for politcal reasons, eh?)
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Snazzy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-04 11:19 PM
Response to Original message
6. Kick
Remember the fawning coverage of the RNC affords the ultimate in 'tale out the trash' days.
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stickdog Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-01-04 01:24 AM
Response to Original message
7. Background: Local DA is a whistle-blower who complained about Ashcroft
playing interference in this case.

http://www.modbee.com/24hour/politics/story/1613161p-9287445c.html

The legal sources are familiar with what the court has been told about the problems with the case and about the government's plans. They would speak only on condition of anonymity because the judge in the Detroit case has imposed a gag order. They said the department's filing with the court is harshly critical of Assistant U.S. Attorney Richard Convertino, the lead prosecutor in the case.

Convertino has been under investigation for months and filed a whistle-blower lawsuit against Attorney General John Ashcroft earlier this year. In an interview with The Associated Press, Convertino accused Justice Department superiors of thwarting his efforts to introduce some evidence against the defendants at trial.

http://www.freep.com/news/locway/terror18_20040218.htm

Detroit terror prosecutor is suing Ashcroft

He claims the Justice Department has retaliated for his complaints

February 18, 2004

BY SHANNON MCCAFFREY
FREE PRESS WASHINGTON STAFF

WASHINGTON -- The federal prosecutor who won the government's first terrorism convictions in the aftermath of the Sept. 11 attacks has filed a lawsuit against Attorney General John Ashcroft, accusing the Justice Department of "gross mismanagement" in the war on terrorism.

The highly unusual complaint was filed in U.S. District Court in Washington, D.C., by Richard Convertino, former lead prosecutor in the Detroit terrorism case. Convertino is facing allegations of prosecutorial misconduct in the terror case for failing to turn over a document to the defense until long after the trial had ended.

Convertino claims the Justice Department is retaliating against him because he has attacked its efforts in the war on terrorism and because he testified last year before the Senate Finance Committee, led by Sen. Charles Grassley, R-Iowa, a vocal critic of the department.

In his lawsuit, Convertino said the Justice Department has exaggerated its success fighting terrorism. He said heavy-handed officials at Justice Department headquarters in Washington have hindered prosecutors in the field. In the three convictions in the Detroit terrorism case -- frequently praised by Ashcroft as a shining success in his department's war on terrorism -- Convertino said the government failed to provide the needed staff and support in the case.

http://apnews.myway.com/article/20040808/D84BAK580.html

Superiors Hindered Terror Prosecutors

WASHINGTON (AP) - Prosecutors in the first major terror trial after Sept. 11 were hindered by superiors from presenting some of their most powerful evidence, including testimony from an al-Qaida leader and video footage showing Osama bin Laden's European operatives casing American landmarks, Justice Department memos show. The department's terrorism unit "provided no help of any kind in this prosecution," the U.S. Attorney's office in Detroit wrote in one of the memos, which detail bitter divisions between front-line prosecutors and their superiors in Washington. The Detroit case ended last summer with the convictions, hailed by the Bush administration, of three men who were accused of operating a sleeper terror cell that possessed plans for attacks around the world.

A fourth defendant was acquitted, however, and only two of the four men originally arrested were convicted of terrorism charges. Now the convictions are in jeopardy because of an internal investigation into allegations that defense lawyers were denied evidence that could have helped them. Whatever the outcome, internal documents obtained by The Associated Press and more than three dozen interviews with current and former officials detail how the differences between Washington and the field office kept important evidence from being shown to jurors.

"We were butting heads vigorously with narrow-shouldered bureaucrats in Washington," Assistant U.S. Attorney Richard Convertino told AP in an interview. He is the lead Detroit prosecutor who is now under investigation in Washington.

"There was a series of evidence, pieces of evidence, that we wanted to get into our trial that we were unable to do. Things that would have strengthened the case immeasurably, and made the case much stronger, exponentially," Convertino said.

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Oilwellian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-01-04 08:42 AM
Response to Original message
8. This should be in screaming headlines this morning
I just found this thread on the second page and am shocked it only has 7 responses. Doesn't anyone else see this as a failed Bush attempt to fight the "war on terror?" Imagine if it had been Gore's attorney general who screwed up the prosecution of a suspected terrorist?

Now, back to your regularly scheduled republican convention love-fest.
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lostnfound Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-04-04 03:36 PM
Response to Reply #8
15. Ho-hum, what do we expect? SNAFU..
But I think we need to make a comprehensive list of what has happened to the highly publicized terror investigations.
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leftchick Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-01-04 08:47 AM
Response to Original message
9. Please Rate this story on Yahoo....
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Az_lefty Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-01-04 10:18 AM
Response to Original message
11. Incompetence....
is this what the shrub meant when he said we couldn't win the war on terrorism?
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-01-04 06:05 PM
Response to Original message
12. The list lengthens: Yee, Mayfield; now Elmardoudi, Koubriti, Hannan ...
.... while the Nuradin Abdi case also deserves continued attention.
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leesa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-01-04 06:54 PM
Response to Original message
13. Not even ONE of these bogus arrests has stood up in court.
Will the foolish American public notice? Of course not!
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Tatiana Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-01-04 06:56 PM
Response to Original message
14. The career prosecutors are revolting against Ashcroft.
It's about time.
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