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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?

To: kumar who wrote (40323)	8/27/2002 2:15:54 PM
From: Ilaine	Respond to of 281500

I gotta run, I'll be happy to address that later if you want.

To: kumar who wrote (40323)	8/27/2002 5:50:03 PM
From: Ilaine	Read Replies (2) \| Respond to of 281500

Lindh admitted joining the Taliban seven months before 9/11, and he admitted being trained by Al Qaeda, but he denied knowing that he was assisting Al Qaeda or the Taliban against the US. He said he was fighting against the Northern Alliance. While implausible, I am not aware of any hard evidence to the contrary. If true, he was not guilty of treason or terrorism. Crimes require both mens rea (an intent to commit a crime) and actus reus (a criminal act). One cannot be convicted of a crime if one did not intend to commit a crime (or if a crime was reasonably likely to occur as a result of one's actions). The allegations against Padilla, if true, are that he intended to assist Al Qaeda in deploying a dirty bomb within the United States. That is both mens rea and actus reus. Further, he formed the specific intent after 9/11, and was aware that Congress authorized the use of force against Al Qaeda and those who assist it. These are the major distinctions between the men's cases. I can surmise that they are being treated differently for other reasons, as well. Padilla probably knows much more about Al Qaeda's present intentions and configuration than Lindh did. Lindh was a foot soldier, a grunt who carried a rifle. He was not engaged in planning a terrorist act in the US. Further, Lindh is the type of guy who would roll over easily, while Padilla is a hard case.