News Analysis
Padilla Case Offers New Model of Terrorism Trial

By ADAM LIPTAK
The New York Times
August 18, 2007

There were two perfectly predictable schools of thought being 
expressed after the conviction of Jose Padilla on Thursday on 
terrorism-related charges. Supporters of the Bush administration said 
the conviction justified the more than three years Mr. Padilla spent 
in military detention before his criminal prosecution, while the 
administration's opponents said the verdict proved that the criminal 
justice system should have handled the case in the first place.

But the real innovation in Mr. Padilla's case, some legal experts 
said yesterday, was more subtle than those dueling talking points 
suggested. The Justice Department's strategy in the trial itself, 
using a seldom-tested conspiracy law and relatively thin evidence, 
cemented a new prosecutorial model in terrorism cases.

The central charge against Mr. Padilla was that he conspired to 
murder, maim and kidnap people in a foreign country. The charge is a 
serious one, and it can carry a life sentence. But prosecutors needed 
to prove very little by way of concrete conduct to obtain a 
conviction under the law.

...

http://www.nytimes.com/2007/08/18/us/nationalspecial3/18legal.html?ex=1345089600&en=de43afb865bbbc69&ei=5090

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