If you don’t think FBI and CIA can render I have bad news. That’s just not true.
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Replying to @robertcaruso @RickPetree
Yes, they do. Libyan and Somali terror suspects have been tendered to the US to stand trial, no?
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Replying to @SpyTalker @RickPetree
Yes. That’s it’s purpose. Again, the word is toxic now because the practice was perverted under Bush. But rendition is meant to snatch someone and get them back to our custody *to stand trial*. It’s NOT meant to send them to another facility somewhere. Warsame was even Mirandized
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Replying to @robertcaruso @SpyTalker
If you can cite a single case in which a 'rendered' defendant has been successfully tried in U.S. federal court, I'd be very interested to study it. If you can cite a single instance in which USG has TRIED to do so, only to be slapped down by a judge, I'd also be interested.
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Ahmed Abu Khattala. There are others.
@SeamusHughes can list them for you.2 replies 2 retweets 4 likes -
Replying to @emptywheel @robertcaruso and
Many thanks. I see he was convicted of terrorism related charges (arising out of 2012 Benghazi consulate attack) in U.S. fed ct. in 2017. So that is, indeed, a precedent (and, as you say, there are others).+
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Replying to @RickPetree @robertcaruso and
I think the larger issue here is it's an indictment designed not to be prosecuted. While the info comes from a range of sources (people are vastly underestimating how much comes from partners) to prosecute it would put intel at risk.
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Replying to @emptywheel @RickPetree and
I blv the reason why prosecutors name as defendants foreign conspirators whom they have no hope of prosecuting in court is that w/a prima facie showing of conspiracy, their out-of-court statements can be used against those defendants in court, as an exception to the hearsay rule.
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Replying to @kevin_snapp @RickPetree and
I agree that THIS indictment is about laying groundwork for other conspiracy indictments (while shunting off really sensitive intelligence to a different district).
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Replying to @emptywheel @kevin_snapp and
What benefit to shunt off to another district?
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If you charged Stone on this one, he'd be able to demand the intelligence behind all the GRU stuff. When he gets charged on a different conspiracy case, that intel won't be accessible.
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Replying to @emptywheel @kevin_snapp and
Makes sense. Stone seems quite confident still
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