The Khadr Thread

[Rocky Mountains]

Nobody wants Khadr to move to a provincial prison because there are no programs.  His lawyer loves earning those fees.

http://www.thestar.com/news/world/2014/07/14/khadr_stays_put_as_ottawa_sends_mixed_messages_on_case.html

 

[KevinB]

He should still be rotting in GITMO.  Hostilities with the islamofascists will never end, there for EPW's never need to be released (except to sea in a cement filled sleeping bag - IMHO).  However he is not a EPW, as he was an illegal combatant under the Rules of Land Warfare - and therefore should have been shot out of hand, or left suffering under the sun awaiting to walk into the light, unfortunately the US SMU that he assaulted are professional to a fault and rendered him aid.

The guy and his family are raving turds, and an embarrassment to Canada.  At VERY least he should have been hung for treason, it would have been a win for CANADA and Canadians - and a cost savings to the taxpayer.

 

[winnipegoo7]

Retired U.S. Sergeant First Class Layne Morris quoted in a thestar.com article, speaking about Omar Khadr.

U.S. Sergeant First Class Layne Morris, who was blinded in one eye during the 2002 firefight and has since retired from the military, is among those who want to see Khadr questioned on camera. “I’d love to hear what he’s going to say and I’d love to be able to make a judgment on what I think about what he has to say,” Morris said during an interview in Utah late last year.

Morris said he is not surprised to hear Khadr is eligible for full parole and could be released this year. “On some level, you have to say, OK, the kid was 15 and regardless of what he’s become he at least deserves a chance,” Morris said. “If Omar Khadr demonstrates by his actions that he wants to be a contributing member to western society — you know, get a job, white picket fence, all that kind of stuff — then at some point, yeah he probably does deserve a shot at that.”

http://www.thestar.com/news/world/2014/07/22/khadr_access_blocked_prompting_media_court_challenge.html

 

[jollyjacktar]

Now it wants to try for $20M... again.   

http://www.cbc.ca/news/world/omar-khadr-reattempts-to-sue-canada-for-20m-1.2753689

 

[larry Strong]

Not sure where this will lead.

Posted in accordance with the Copy Right Act:

http://www.reddeeradvocate.com/news/Default_entered_against_Omar_Khadr_in_US_suit_278070181.html

Default entered against Omar Khadr in U.S. suit
 



 


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By  The Canadian Press - Red Deer Advocate
Published: October 03, 2014 2:32 PM

TORONTO — A default certificate has been entered in a civil suit filed in Utah against Canada’s Omar Khadr by the widow of an American special forces soldier and another soldier partially blinded by a grenade, The Canadian Press has learned.

The court entry is a first step in obtaining a final judgment that could be worth as much as US$134 million.

“We’ve got the entry of default, that’s pretty awesome,” Laura Tanner, one of the plaintiffs’ American lawyers, said from Salt Lake City on Friday.

The registration comes after Khadr, who was served with the lawsuit in prison in Alberta in June, failed to respond even though lawyers considering acting for him had twice requested time extensions to do so, court documents show.

“We haven’t seen anything, no appearance of anybody, which is actually pretty strange,” Tanner said.

Khadr’s Canadian lawyers have previously said they were unable to find an American attorney to represent him at no charge.

The plaintiffs can now ask the court clerk for a default judgment. Alternatively, they could also ask a judge in Utah to hear the case, which could result in a total damages award of as much as US$134 million.

“We haven’t really decided which path we’re going to take yet,” Tanner said.

In their lawsuit, Tabitha Speer and Sgt. Layne Morris allege Khadr, then 15, was responsible for the death of Sgt. Christopher Speer and Morris’s injuries in Afghanistan in July 2002.

Morris has said the lawsuit, which seeks almost US$45 million, aimed to hold Khadr to account for his actions.

The suit leans heavily on Khadr’s guilty plea to five war crimes before a widely maligned U.S. military commission in Guantanamo Bay in October 2010 that saw him sentenced to a further eight years in prison.

His plea deal included a stipulation of facts in which Khadr, now 28, admitted among other things to murdering Speer in violation of the rule of war and four other war crimes — although he has since said he only pleaded guilty to get out of American clutches.

While the Toronto-born Khadr is essentially broke, he is trying to sue the federal government for $20 million for alleged violations of his rights by Canadian intelligence personnel while he was in U.S. detention.

An American judgment could be enforceable in Canada but would involve having a Canadian court endorse it as the result of a fair process.

One of Khadr’s Canadian lawyers, John Phillips, said he believed that would not happen.

“I find the whole thing unjust,” he said.

Larry

 

 

[jollyjacktar]

Not sure where this will lead.

I hope it leads to the poor house for him and his clan.

 

[The_Falcon]

I hope it leads to the poor house for him and his clan.

Doubtful, I am willing to bet if the plaintiffs do try to seek compensation, Khadr's sympathizers (ie alot of public unions) will rally to his cause.

 

[jollyjacktar]

Doubtful, I am willing to bet if the plaintiffs do try to seek compensation, Khadr's sympathizers (ie alot of public unions) will rally to his cause.

I have no doubt you're correct on the outcome.  The sycophants will come out of the woodwork like zombies and the wailing and gnashing of teeth will be similar.  Mrs. Speer will continue to get the shaft from the system as she has from the beginning as it's stacked against victims and in favour of criminals like Khadr.

 

[KevinB]

He'll behead one of his sycophantic morons - and then after a few more, they will eventually realize he's not a good guy...

 

[The Bread Guy]

From The Canadian Press:

Lawyers for former Guantanamo Bay inmate Omar Khadr say he’s optimistic, but not getting his hopes up, about getting out on bail.

Following a two-day hearing, an Edmonton judge said she needs time to make a decision on the “high priority” case.

Court of Queen’s Bench of Alberta Justice June Ross must first decide if she has the authority to grant bail to a Canadian appealing a conviction by a foreign court. If she finds she does – and if she agrees that Mr. Khadr should be released – lawyers are to return to court to argue his bail conditions.

Justice Ross gave no indication as to how long she would take to make a ruling ....

 

[eharps]

It never ceases to amaze me how educated people will always try to find some sort of rationalization for what should be an easy decision. The fact that the Khadr case is in uproar is appalling, he made his choice when took up arms against the country he was living in and it's allies.

“Omar Ahmed Khadr pleaded guilty to heinous crimes.... We have vigorously defended against any attempt to lessen his punishment for these crimes,” says a spokesperson for the Minister of Public Safety.

 

[FJAG]

What bothers me most about this case is that every time his lawyer farts out another piece of nonsense, the press reports it like it's the gospel. The government also has a lawyer submitting arguments to the court yet I have yet to see any report on what the crown's arguments are.

Long story short: the press is bone idle lazy these days. They go for the cheap anti-government viewpoint every time and have completely given up doing any legal analysis beyond going for comments from the usual anti-government hacks.

:2c:

:cheers:

 

[Rocky Mountains]

Appealing a plea bargained sentence?  He should have had to return to Gitmo to appeal.  He is simply going to screw up the prisoner exchange deal for other people.  If Canada is going to spring people the US considers dangerous criminals, nobody will be coming home.  But then what does Khadr care.  He kills people trying to save lives.  I notice that he hasn't convinced the parole board that he isn't an innocent little baby and they are usually pretty gullible.

 

[TCBF]

... He is simply going to screw up the prisoner exchange deal for other people.  If Canada is going to spring people the US considers dangerous criminals, nobody will be coming home.  But then what does Khadr care. ...

- Hidden agenda? Let them rot where they do the crime?

 

[eharps]

Let them rot where they do the crime?

I think this is the right idea. If Khadr decided it was a good idea to play with explosives and attack allies of the country that he was born in, he should be willing to accept the consequences. As soon as you turn your back on your country, I figure all of the rights that said country supplies you with, go out the window.

Isn't there something fundamentally wrong with being able to attack a country and then expect to be able to turn around and have it protect you when it is convenient for you? How do people think this is ok?

 

[jollyjacktar]

:boke:

Omar Khadr granted bail, but release isn't immediate.  http://www.cbc.ca/news/canada/edmonton/omar-khadr-granted-bail-but-release-isn-t-immediate-1.3046775#commentwrapper

 

[CougarKing]

More on the above:

The Canadian govt. should have deported this traitor- along with his vitriolic, anti-western sister Zaynab Khadr- a long time ago!!!

Canadian Press

NewsAlert: Alberta judge grants Omar Khadr bail pending appeal
The Canadian Press

By Colin Perkel

An Alberta judge granted bail to former Guantanamo inmate Omar Khadr on Friday, saying keeping him behind bars while he appeals his American war crimes convictions would not be in the public interest.

In her ruling, Court of Queen's Bench Justice June Ross said terms of his release will be determined by May 5.

"This is a circumstance where balancing a strong appeal and the public confidence in the administration of justice favour the same result," Ross said in her decision.

"He has a strong basis for an appeal and the risk to public safety is not such that it is in the public's best interest that he remain in pretrial detention in a manner that could render his appeal irrelevant."

(...SNIPPED)

It also said Ross had to take into account the fact that Khadr pleaded guilty to serious offences — including murder in violation of the laws of war for the death of an American special forces soldier in Afghanistan in 2002.
Khadr has said he only pleaded guilty to the five war crimes he was accused of committing as a 15-year-old to get out of Guantanamo Bay and be sent back to Canada.

 

[The Bread Guy]

And right behind that ....

Government will appeal Omar #Khadr bail decision

 

[FJAG]

The Alberta Queen's Bench decision can be found here:

http://www.canlii.org/en/ab/abqb/doc/2015/2015abqb261/2015abqb261.html

In short, the decision is predicated on the following issues:

1. Not withstanding that Khadr signed a waiver of appeal, he has filed an appeal before the US Court of Military Commission Review and that in the Alta application for bail there was unchallenged evidence filed by the defence that this appeal in the US was not barred by the waiver and in fact stood a high chance of success;

2. That the treaty between the US and Canada (nor any other legal principle) did not bar the right to be granted bail pending appeal where there is a valid appeal process in play in the sending state (i.e. the US)

3. That the crown did not challenge the defence evidence that a) the appeal in the US would not be heard until after his jail term had run its course and therefore that if and when Khadr wins his appeal the win would be nugatory, and b) that Khadr was a strong candidate for bail in that he has been cooperative, a model prisoner, has support in the community and is a low risk for public safety.

IMHO the judgement is a very well reasoned one and correctly interprets the law as it stands.

There is a question in my mind as to why the crown did not at least try to challenge the key factual issues (including expert evidence) presented to the court by Khadr's lawyers (perhaps they evaluated those and found that they couldn't).

The crown's position seems to be centred, almost exclusively, on the interpretation of the International Transfer of Offenders Act which the judge points out may bar any appeals in the receiving state (Canada) of the foreign sending state's (US) judgement but does not bar an application for bail in the receiving state (Canada) where there is a valid appeal proceeding pending in the sending state (US).

:cheers:

 

[Rocky Mountains]

Appeal a plea bargained conviction and sentence??  Why would the appeal courts consider it for a second?  The majority of cases are handled without trials and everyone seems to prefer it that way.  I think that as long as Legal Aid keeps writing cheques, Khadr's lawyer will be appealing something like the transfer to Provincial Jail that they didn't want anyhow.