The alleged perjury was Awadallah claiming that he didn’t know the terrorists. Presumably that statement was made under oath to the authorities. No illegally obtained evidence so far. Somehow, the authorities believe they have evidence that hedid know the defendants. I don’t see where that evidence came from an illegal search (but I may be wrong.)
As I read the article, the judge wasn’t refusing to let them use illegally obtained evidence. She was “punishing the prosecutor” for illegally detaining Awadallah. The punishment was to prohibit the perjury prosecution – prohibited even if they could get untainted evidence contradicting Awadallah’s sworn statement.
I’m discussing what the judge should do when she finds that a detention was not legally permitted. There are other conceivable remedies. If the detention was clearly illegal, the people who did it could be charged with a crime. (I doubt that the would be convicted in this case.) Awadallah may well have grounds for a lawsuit.
Actually your statement and mine are both correct.
Wrong on two counts. First of all, if he’s really a dangerous terrorist and Ashcroft hadn’t held him, then he might have harmed us. Second, if this man committed mass murder, it would be cold comfort to the victims.[quoite].BTW, I am still waiting for your proof that a) European countries are tolerating “defacing synogogues and attacking Jews on the street” and b) violent crime is worse in European countries than in the US.
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Regarding (a), there have been dozens of attacks on Jews, synogogues, Jewish organizations, etc. in France alone over the last several months. I recently read that in all these cases, there has not been a single arrest.
Regarding (b), I didn’t made that claim, as you know. The US has a high rate of violent crime-- no doubt much higher than Europe.
The remark you objected to was a bit of a joke. Seriously, I do think that some European spokespersons tend to lecture the US as if they were morally superior.
Gaudere, thanks for the info. I agree with what you said about the 1971 decision. Ron Kuby’s discussion on the radio also argued that the 1971 decision was wrong and Scheindlin was right. Kuby pointed out that Scheindlin’s decision isn’t binding, so Ashcroft could continue to hold people on the basis as he held Awadallah. It will be ineresting to see what happens if Scheindlin’s decision is appealed. IANAL but my guess is that her decision regarding the illegality of the detention would be upheld.