Monday, November 08, 2004


No to Terrorism, Mistrial, the FBI Smear, Defense comes out swinging

Thanks to everyone that braved the wet snow this morning to hear Judge Mordue's decision on whether the defense can question the government's intent in arresting Dr. Dhafir--terrorism. I am sure Rafil was pleased and would say thanks.

The judge ruled against the prosecution and said that they cannot question the government's intent in arresting Dr. Dhafir and raise the issue of terrorism. The judge said he found no references to terrorism in the testimony of any of the witnesses. He noted that although Agent Kolbe in his testimony referred to certain Islamic books that talked about military maneuvers he did not mention terrorism.

Friends, in a post 9-11 environment what do you think most Americans would think of if you mentioned Islamic books and military maneuvers in the same sentence?

Judge Mordue did not find Smari's testimony and the mention of the Muslim brotherhood as being terrorist related. Check out the following Google search of the Muslim Brotherhood:

Basically the Judge will continue to allow Dr. Dhafir to be smeared as a terrorist by the government and not allow him his constitutional right to defend himself.

Defense lawyer Joel Cohen immediately asked for a mistrial on the grounds that Special Agent Kolbe severely prejudiced the jury (he may have said that he was a severely prejudiced witness.) Joel pointed out that Kolbe testified that Dr. Dhafir is still being investigated and may be subject to further charges. Joel implied that Kolbe was also embellishing his testimony when a yes or no answer was asked for. Five plus years of searching and they are still looking for more charges against Rafil?

Joel went on to say that if the mistrial were denied that the defense would ask for --evidentiary denial. I do not believe that I got the phrase correct about the defense teams next course of action should they be denied a mistrial. What is clear is that the defense came out swinging today.

Please note that I left the courtroom immediately afterwards and did not stay to hear Devereaux expose more government half-truths in his cross-examination of Kolbe.

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