The Khadr Thread

[GK .Dundas]

Dundas"s Law # 235 You know it's never  a good sign  when your  lawyer upon opening your file, faints.

 

[murray b]

For someone who would die for the cause why opt for a trial ? Plead guilty. He probably wont be executed due to his youth.

The thing has become a media circus and there has been much distortion of fact.  Certain people are trying to claim that 15 years is too young to be responsible for one's actions.  There are international agreements that state that 15 year old soldiers can be tried for their crimes but not sentenced to death or something like that.

When I first heard the story I thought that U.S. forces had crossed the border and abducted a small child from a playground in Toronto.  That is how hard the media was spinning it.

It wasn't until later that the reports started to mention that this "child" had been accused of killing a medic overseas and was not actually in Canada when he was captured.  Gotta love our lieberal press.

 

[HavokFour]

Omar Khadr not tortured: judge​

The U.S. military judge presiding over Omar Khadr's war-crimes trial says the Canadian was never tortured by his American captors or interrogators.

In a ruling released Friday, the judge says there is no "credible evidence" Khadr was abused.

The nine-page ruling explains why Col. Patrick Parrish is allowing confessions Khadr gave during interrogation to be used against him at trial.

Parrish said Khadr's self-incriminating statements were given voluntarily.

Read more...

 

[Dennis Ruhl]

The judge took a dim view of Khadr's affidavit in which he alleges abuse and mistreatment, especially given that the accused chose not to take the stand and be cross-examined on it

I think the above quote from the article is very relevant.  He chose not to be questioned on his affidavit so the judge had every reason to ignore it.

 

[HavokFour]

I think the above quote from the article is very relevant.  He chose not to be questioned on his affidavit so the judge had every reason to ignore it.

Very good, I hadn't thought of that.

 

[The Bread Guy]

Subject to confirmation elsewhere, but this from an Al Arabiya correspondent in Washington, D.C.:

AL ARABIYA BREAKING GTMO. Sources: Settlement has been reached. Khadr will spend majority of sentence in Canada, not gtmo.

Also offers link here ....

A plea deal has been reached in the case of the accused war criminal Omar Khadr in Guantanamo that ... http://pk.gd/ZhX

.... but I'm firewalled from where I'm posting.

More, one way or another, as it pops up.

Edited to add this bit of "maybe, not quite there yet" copy from the Toronto Star:

A plea deal in the Omar Khadr case is being negotiated, just days before his war crimes trial is set to resume Guantanamo Bay.

Canadian lawyer Nathan Whitling confirmed that a “potential deal” is in the works but that he could not comment on details.

Quoting unnamed sources, Al Arabiya television station reported that a settlement had already been reached, including a provision which would allow the Toronto-born captive to spend the majority of his sentence in Canada.

But Canadian lawyer Dennis Edney said the report was premature and that no deal would be accepted without Khadr’s consent. He was making travel arrangements Thursday to fly to Guantanamo to talk to Khadr ....

Edited again to include Globe & Mail story:

Omar Khadr will plead guilty to terrorism charges in exchange for a sentence – most of which will be served in Canada – as part of a plea bargain deal expected to be finalized in the next few days.

“We can confirm that there is a potential deal in the works,” said Nate Whitling, one of Mr. Khadr’s Canadian lawyers. Mr. Whitling declined to provide any details but said he expected an announcement soon.

Al-Arabiya, quoting Military Commission sources, said the deal was to be announced soon.

The key elements of the deal "will assure the U.S. government a conviction [and] ensure Khadr’s return to Canada to serve the majority of his sentence," Al-Arabiya reported.

Any deal would need to be agreed by military prosecutors and the governments of both Canada and the United States ....

 

[The Bread Guy]

....from the first outlet to break the news here, Al Arabiya ....

A plea deal was reached in the case of the accused war criminal Omar Khadr in Guantanamo on Thursday that ensures his return "soon" to Canada to serve the rest of his sentence, sources close to the trial told Al Arabiya.

Last night, the Military Commission's Convening Authority agreed to a deal presented by the Khadr's defense.

Khadr's trial, which started two months ago in Guantanamo, had been postponed due to the illness of his military lawyer, lt.col. Jon Jackson, who had collapsed during the trial at the navy base in Cuba.

Jackson refused to comment on the sentence.

Sources told Al Arabiya that the Pentagon was under pressure to accept the plea deal less than a month before the midterm elections. The deal would also save the U.S. government the embarrassment of having to try a detainee who was a minor—15 years old—when he was said to have committed his alleged war crimes. At the same time, the deal would guarantee that khadr serve the full sentence he was handed in his trial by the Guantanamo Military Commission ....

.... the Toronto Star ....

A plea deal in the Omar Khadr case is being negotiated, just days before his war crimes trial is set to resume Guantanamo Bay.

Canadian lawyer Nathan Whitling confirmed that a “potential deal” is in the works but that he could not comment on details.

Quoting unnamed sources, Al Arabiya television station reported that a settlement had already been reached, including a provision which would allow the Toronto-born captive to spend the majority of his sentence in Canada.

But Canadian lawyer Dennis Edney said the report was premature and that no deal would be accepted without Khadr’s consent. He was making travel arrangements Thursday to fly to Guantanamo to talk to Khadr ....

.... and CBC.ca, as of this posting:

CBC News has confirmed there are talks between the U.S. government and Canadian Omar Khadr's defence team aimed at reaching a plea deal ahead of the resumption of his war-crimes trial at Guantanamo Bay, Cuba.

Nathan Whitling, Khadr's Canadian lawyer in Edmonton, told CBC News a potential deal is in the works but he couldn't comment on the details.

"There is no deal right now," he said ....

 

[The Bread Guy]

While the lawyers say "we're workin' on it," PM's Office tells QMI/Sun Media nothing's in place:

Reports that accused Canadian terrorist Omar Khadr has reached a plea deal to bring him home are incorrect, according to the Prime Minister’s Office.

"Khadr (is) facing serious charges in the U.S. These serious charges would have to be addressed in the U.S. Therefore there is no such agreement," said Dimitri Soudas, Prime Minister Stephen Harper's director of communications ....

 

[dogger1936]

I am starting to have mixed feelings on this.

To start off I will say I believe their family should be detained and deported. Openly admitting a tie to organisations that kill innocent people should be grounds for deportation.

However I kind of feel bad for Omar. He was a child living with his father when all this happened. How many children would turn against their own father in a firefight? Right or wrong.

Omar is an example of poor immigration legislation on OUR part. A family that is involved in this sort of thing does not belong in our country.

I feel bad for his situation he was born into, but alas he should be given the death penality for killing the medic.
If he returns to a canadian jail I hope he is murdered in jail. There is no rehabilitation of that many years of brainwashing by political Islam.

 

[Fishbone Jones]

I am starting to have mixed feelings on this.

To start off I will say I believe their family should be detained and deported. Openly admitting a tie to organisations that kill innocent people should be grounds for deportation.

However I kind of feel bad for Omar. He was a child living with his father when all this happened. How many children would turn against their own father in a firefight? Right or wrong.

Omar is an example of poor immigration legislation on OUR part. A family that is involved in this sort of thing does not belong in our country.

I feel bad for his situation he was born into, but alas he should be given the death penality for killing the medic.
If he returns to a canadian jail I hope he is murdered in jail. There is no rehabilitation of that many years of brainwashing by political Islam.

He was not some 'poor child' and there is no reason to feel sorry for him. In the culture he was brought up in, he was old enough to be married and have a family, goats, and his own hut. Stop treating him like some poor, sheltered,  inner city kid that's never been off the block. He's a terrorist and he knew exactly what he was doing.

 

[dogger1936]

He was not some 'poor child' and there is no reason to feel sorry for him. In the culture he was brought up in, he was old enough to be married and have a family, goats, and his own hut. Stop treating him like some poor, sheltered,  inner city kid that's never been off the block. He's a terrorist and he knew exactly what he was doing.

No doubt. And I've killed people his age attacking us. In regards to being a "poor child" he was in my eyes. Any child brainwashed into that life has little choice. While you may not see/feel the need to feel sorry for the wasted life I certainly do. Put in the same situations he was I have little understanding what I or we would have done. And can't begin to comprehend it.

Having said that I also feel bad for other brainwashed farmers who couldnt point out canada on a map who I have killed with an AK in their hands; however I truly enjoyed taking their lifes...as they took my friends and comrades. There is a difference in having empathy for people, and being a peacenik. I believe Omar should recieve capital punishment for what he done. It's just saddening to see such waste of life that political Islam and Jihad is creating.

Maybe it's time to look at our immigration policies that prevents these people from living here. Any father who would teach such hate doesnt belong in a western society.

 

[The Bread Guy]

Canada has the ability to scuttle a plea deal that Omar Khadr is expected to trigger Monday when he must definitively decide whether he’ll admit to war-crimes charges he faces in exchange for a cap on his sentence.

The claim was made by a source close to the case came as U.S. Secretary of State Hillary Clinton injected the question of Khadr’s future into her diplomatic agenda Friday — calling Foreign Affairs Minister Lawrence Cannon, who was continuing a visit to China, to discuss the Canadian-born terror suspect.

Canadian agreement is necessary if the plea deal is to deliver on a proposal that — as Postmedia News has learned — would see Khadr transferred to Canada after spending just the first year of an eight-year sentence in U.S. custody ....

More on that here.

And a warning (with a hat tip to MarkOttawa and the Unambiguously Ambidextrous blog):

.... Perhaps it is true that Mr. Khadr will spend seven years in prison in Canada – though it seems unlikely given our parole system. However, if the government of Canada allows this statement to pass without any caveat, we run the risk of being looked upon as skunks down the road by Americans if and when Mr. Khadr is granted an early parole. And, if and when that perception emerges, there would be no shortage of Congressmen and women to hold hearings on the affair even if it means damaging the bilateral relationship – as the British and Scottish governments are now discovering to their chagrin in the case of the release of the Lockerbie bomber.

 

[Rifleman62]

And if/when the Liberals form the government, he will be out on parole faster than you can say ...........

 

[GAP]

If he has to serve one year in a US jail, then it should be in the general pop.....just saying... ;D

 

[Rifleman62]

That would mean a lot bigger butt plug will be required.......also just saying.

 

[tomahawk6]

COMMENT REMOVED BY MILNET.CA STAFF

http://www.armytimes.com/news/2010/10/ap-us-and-canada-discuss-fate-of-gitmo-detainee-102210/

U.S. and Canada discuss fate of Gitmo detainee

By Rob Gillies - The Associated Press
Posted : Friday Oct 22, 2010 18:17:19 EDT
 
REGINA, Saskatchewan — U.S. Secretary of State Hillary Rodham Clinton called Canadian Foreign Minister Lawrence Cannon on Friday and talked about the fate of the last Western detainee at Guantanamo Bay, a Canadian government source said.

The official said they discussed Canadian Omar Khadr and what options there are should Khadr reach a plea deal with the Pentagon to settle charges that he allegedly killed a U.S. soldier in Afghanistan.

Khadr's lawyers have said a potential deal is in the works. The Canadian government official said the U.S. is looking to terminate the case early. The official spoke on condition of anonymity because they were not authorized to speak publicly about the matter.

The official described the talks as preliminary, a sounding out. The official said they don't think the U.S. can formally ask Canada to take Khadr until a plea deal is in place.

Khadr's trial at Guantanamo Bay is scheduled to resume Monday.

The son of an alleged al-Qaida financier, Khadr was captured after allegedly throwing a grenade that killed Army Sgt. 1st Class Christopher Speer during a 2002 firefight in Afghanistan. If convicted, he faces a maximum life sentence.

Khadr, now 24, had pleaded not guilty to war-crimes charges including murder, conspiracy and spying. He faces the first Guantanamo trial under President Barack Obama.

U.S. State Department official P.J. Crowley confirmed the call took place and but he would not comment on the substance of the discussion. Another official said Clinton and Cannon did speak about a number of bilateral issues, including Afghanistan, the upcoming NATO summit and regional matters.

Defense attorneys say Omar Khadr was pushed into war by his father, Ahmed Said Khadr, an alleged al-Qaida financier whose family stayed with Osama bin Laden briefly when Omar Khadr was a boy. Omar Khadr was 15 when he was captured in 2002.

The Egyptian-born father was killed in 2003 when a Pakistani military helicopter shelled the house where he was staying with senior al-Qaida operatives.

Canadian Prime Minister Stephen Harper's Conservative government has steadfastly refused to request the return of Khadr, the youngest detainee held at the prison. The reluctance owes partly to Canadians' ambivalence toward the Khadr family, which has been called "the first family of terrorism."

Omar Khadr's youth has made his case one of the most closely followed by critics of Guantanamo. Child advocates have argued Khadr should face rehabilitation rather than a possible life sentence, and say prosecuting a minor for war crimes could set a dangerous international precedent and lead to more youths being victimized by war.

The case has been delayed for years by legal wrangling and a series of challenges to the system of war-crimes trials, known as military commissions, that was set up during President George W. Bush's administration and has been criticized by human rights groups for not including the same protections as federal courts or traditional courts-martial.

The Khadr trial is now the first under Obama, who revised the system to offer more protections to defendants and is considering it as a venue for the prosecution of more prominent suspects such as alleged 9/11 mastermind Khalid Sheikh Mohammed.

 

[PMedMoe]

Omar Khadr pleads guilty

GUANTANAMO BAY, CUBA—Canada's Omar Khadr has pleaded guilty to war crimes he committed as a 15-year-old.

In a courtroom in Guantanamo Bay, Khadr withdrew his previous not-guilty plea and then pleaded guilty.

That means he is admitting to throwing a grenade that killed an American special forces soldier in Afghanistan in 2002.

Khadr’s guilty plea to all five charges has reportedly won the 24-year-old a special deal for a sentence.

More here.

 

[George Wallace]

Omar Khadr pleads guilty

More here.

Col. Pat Parrish, the military judge, accepted Khadr's guilty pleas and revealed as part of the deal, the US government "will support" his application to serve the remainder of his sentence in Canada after one more year in U.S. custody. Other specifics of the deal and sentence are being kept secret until later this week.

and

Sources suggest Khadr's plea-bargain sentence could be for eight years, with the last seven to be served in Canada. 

Would the Canadian Judicial System then consider "Time Served" ?

 

[HavokFour]

Would the Canadian Judicial System then consider "Time Served" ?

One can only hope it does not, but I have a bad feeling about this.

 

[ModlrMike]

Col. Pat Parrish, the military judge, accepted Khadr's guilty pleas and revealed as part of the deal, the US government "will support" his application to serve the remainder of his sentence in Canada after one more year in U.S. custody. Other specifics of the deal and sentence are being kept secret until later this week.

Which presupposes that Canada agrees to take him back. Personally, I say let him serve his time in a US jail, then deport him back to Canada after he's served his 8 years. We'll deal with him then. No government is going to fall on having not repatriated an admitted terrorist and murderer.