The prosecution asked for life, and for the U.S. District Judge Marcia Cooke to ignore the fact that he was tortured for 3½ years, but the judge disagreed, and further disagreed about the severity of the offense
“There is no evidence that these defendants personally maimed, kidnapped or killed anyone in the United States or elsewhere,” Cooke said. “There was never a plot to overthrow the United States government.”
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In arriving at Padilla’s sentence, Cooke said she took into account the harsh, isolated conditions he faced during his time in a brig as an enemy combatant after his 2002 arrest. Defense lawyers claim he was tortured by the military, but U.S. officials denied that and Cooke never used the word torture.
Sentencing guidelines had suggested a range of between 30 years and life for all three, but Cooke used her discretion to go below even the minimum. Besides Padilla’s sentence, Hassoun got 15 years and eight months and Jayyousi 12 years and eight months.
It’s nice to see the prosecutors getting slapped down, at least a little over torture.