Another Activist Judge
"...I would like to convey the message that our
system works. We did not need to use a secret military tribunal,
or detain the defendant indefinitely as an enemy combatant, or
deny him the right to counsel, or invoke any proceedings beyond
those guaranteed by or contrary to the United States
Constitution." -- U.S. Western District Judge John Coughenour, at the sentancing of Ahmed Ressam.
But Your Honor - 9/11 changed everything!
system works. We did not need to use a secret military tribunal,
or detain the defendant indefinitely as an enemy combatant, or
deny him the right to counsel, or invoke any proceedings beyond
those guaranteed by or contrary to the United States
Constitution." -- U.S. Western District Judge John Coughenour, at the sentancing of Ahmed Ressam.
But Your Honor - 9/11 changed everything!
posted by Management at 7:28 PM
2 Comments:
'Millennium bomber' Ressam gets 22 years in prison
By Reed StevensonWed Jul 27, 3:01 PM ET
A federal judge on Wednesday sentenced Ahmed Ressam, the "millennium bomber" convicted of plotting to blow up Los Angeles airport, to 22 years in prison for conspiracy to commit an international terrorist act, explosives smuggling and other criminal counts.
U.S. Western District Judge John Coughenour had been expected to sentence Ressam, who stopped cooperating with federal authorities in 2003, to 35 years behind bars.
Prosecutors had asked for the longer sentence, saying that Ressam's failure to work with them further jeopardized cases they were building against other terror suspects.
Ressam, who will get credit for the more than five years he already has spent in jail, did not speak at the hearing but offered a slight smile as he shook hands with his attorneys and interpreter after the sentencing.
"This period of confinement recognizes the seriousness of the crimes and the cooperation of Mr. Ressam," Coughenour said in sentencing Ressam, adding that he hoped the decision would reflect the fairness and transparency of the U.S. justice system.
Ressam's earlier deal with prosecutors would have resulted in a 27-year sentence in exchange for his testimony and information about other cases.
"We're disappointed that the court did not accept our recommendation of 35 years," U.S. Attorney John McKay told reporters. The judge also imposed a 5-year period of supervision after Ressam's release.
The 38-year-old Algerian was caught on the U.S.-Canada border in December 1999 with nitroglycerin in the trunk of his rented car, and he told authorities he planned to blow up Los Angeles International Airport on the eve of the new millennium.
Ressam's lawyers had asked for leniency and a shorter sentence, citing the 400-plus hours of testimony that Ressam had provided since his arrest.
"He's relieved," said Thomas Hillier, the public defense lawyer representing Ressam.
Hillier said that Ressam could be out of prison in as early as 14 years with good behavior in prison and including time already served.
Prosecutors said Ressam's failure to cooperate further was "fatal" to other pending cases against terror suspects.
U.S. authorities were seeking to extradite Rachid Boukhalfa, known as Abou Doha, a radical Muslim imam being held in Britain, to stand trial for allegedly masterminding the plot to blow up the Los Angeles airport. Doha's alleged co-conspirator Samir Ait Mohamed was facing extradition from Canada.
"Without Mr. Ressam those cases in the United States will not go forward," McKay said, "We're left wondering what else he knew."
Ressam was convicted in 2001. He initially provided testimony that was used in the briefing paper "Bin Laden Determined to Strike in the U.S.," which was given to President Bush on Aug. 6, 2001, ahead of the Sept. 11 attacks on New York and Washington.
Ressam's sentencing for his conviction on nine counts, including conspiracy to commit an international terrorist act and explosives smuggling, comes amid heightened security in the United States after the bombings in London's transit system earlier this month.
Judge sentencing Ahmed Ressam Slams US
U.S. vs. Ressam
(Court's comments.)
THE COURT: Okay. Let me say a few things. First of
all, it will come as no surprise to anybody that this sentencing
is one that I have struggled with a great deal, more than any
other sentencing that I've had in the 24 years I've been on the
bench.
I've done my very best to arrive at a period of confinement
that appropriately recognizes the severity of the intended
offense, but also recognizes the practicalities of the parties'
positions before trial and the cooperation of Mr. Ressam, even
though it did terminate prematurely.
The message I would hope to convey in today's sentencing is
two-fold: First, that we have the resolve in this country to
deal with the subject of terrorism and people who engage in it
should be prepared to sacrifice a major portion of their life in
confinement.
Secondly, though, I would like to convey the message that our
system works. We did not need to use a secret military tribunal,
or detain the defendant indefinitely as an enemy combatant, or
deny him the right to counsel, or invoke any proceedings beyond
those guaranteed by or contrary to the United States
Constitution.
I would suggest that the message to the world from today's
sentencing is that our courts have not abandoned our commitment
to the ideals that set our nation apart. We can deal with the
threats to our national security without denying the accused
fundamental constitutional protections.
Despite the fact that Mr. Ressam is not an American citizen
and despite the fact that he entered this country intent upon
killing American citizens, he received an effective, vigorous
defense, and the opportunity to have his guilt or innocence
determined by a jury of 12 ordinary citizens.
Most importantly, all of this occurred in the sunlight of a
public trial. There were no secret proceedings, no indefinite
detention, no denial of counsel.
The tragedy of September 11th shook our sense of security and
made us realize that we, too, are vulnerable to acts of
terrorism. Unfortunately, some believe that this threat renders
our Constitution obsolete. This is a Constitution for which men
and women have died and continue to die and which has made us a
model among nations. If that view is allowed to prevail, the
terrorists will have won.
It is my sworn duty, and as long as there is breath in my
body I'll perform it, to support and defend the Constitution of
the United States.
We will be in recess.
Post a Comment
<< Home