U.S. citizen facing execution in Iraq

[Barrett808]

U.S. citizen facing execution in Iraq
By LARA JAKES JORDAN, Associated Press Writer

WASHINGTON - Lawyers for an American citizen facing execution in Iraq appealed Friday in U.S. federal court to keep the man in American custody — preventing his death — while another case is being appealed.

The citizen, Mohammad Munaf, was convicted and sentenced to death by an Iraqi judge earlier this week on charges he helped in the 2005 kidnapping of three Romanian journalists in Baghdad, court papers show.

Iraqi-born Munaf, a naturalized U.S. citizen since 2000, was working as their translator and guide. He maintains his innocence.

In an emergency request filed Friday in U.S. District Court in Washington, Munaf's attorneys claim his rights to a fair trial in Iraq were violated when he was convicted without being able to present evidence in his defense — or to see the evidence against him.

"This court's failure to temporarily halt Mr. Munaf's transfer to Iraqi custody will not only send Mr. Munaf to his death without due process, it will eviscerate ... core protections against arbitrary and lawless executive action," Munaf's attorneys wrote.

(more)

http://news.yahoo.com/s/ap/20061013/ap_on_go_ot/us_iraq_american

[Straight Shooter]

1. The slow and tortuous demise of habeas corpus.

Read it and weep, America. The law of Iraq is our mirror.

[rodeodance]

2. yes, bush will sign that bill with great fanfair.

......In an emergency request filed Friday in U.S. District Court in Washington, Munaf's attorneys claim his rights to a fair trial in Iraq were violated when he was convicted without being able to present evidence in his defense — or to see the evidence against him.

[Nite Owl]

3. We lost any right to

a claim to morality when they passed that law. We can no longer complain about what others do to Americans anywhere.

:cry:

[rodeodance]

4. look at this:

......The legal filing asks the court to block the Defense Department, which has been holding Munaf at a prison at the Baghdad International Airport, from turning him over to Iraqi authorities. A Pentagon spokesman did not return a call for comment Friday.

A federal appeals court in Washington already is considering whether the U.S. military can turn over suspected terrorists to the Iraqi government.

The cases of Munaf and Shawqi Omar, who is accused of being a top lieutenant to Abu Musab al-Zarqawi, could decide whether the Bush administration has exceeded its authority in trying to keep Americans it has identified as terrorists out of U.S. courts.

The Romanian government has accused Munaf of assisting in the March 2005 kidnapping. He was held with the three journalists for 55 days before they were released, his attorneys said. The Romanian Embassy turned Munaf over to U.S. authorities in Baghdad.

[rodeodance]

5. "But two U.S. military officials" -demanded that Munaf be found "guilty

......No Romanian officials attended Munaf's trial, according to the papers filed by his attorneys. But two U.S. military officials — including a soldier claiming to represent the Romanian Embassy — demanded that Munaf be found "guilty and should be executed," the papers say.

The Iraqi judge, identified as Judge al-Rubayy, initially appeared ready to drop the charges against Munaf, his lawyers contend. But after meeting privately with the two military officials, al-Rubayy convicted Munaf and sentenced him to death, the lawyers say.

[rodeodance]

6. this is all about whether Bush can keep suspected terrorists our to US

courts>

......The legal filing asks the court to block the Defense Department, which has been holding Munaf at a prison at the Baghdad International Airport, from turning him over to Iraqi authorities. A
Pentagon spokesman did not return a call for comment Friday.

A federal appeals court in Washington already is considering whether the U.S. military can turn over suspected terrorists to the Iraqi government.

The cases of Munaf and Shawqi Omar, who is accused of being a top lieutenant to Abu Musab al-Zarqawi, could decide whether the Bush administration has exceeded its authority in trying to keep Americans it has identified as terrorists out of U.S. courts.

[TexasLawyer]

7. penalties "without due process"

Isn't that what the US is doling out to its enemy combatants? It would be handy to have a shred of moral high ground here. Too bad we don't.

Mr. Munaf could be any of us in a foreign court.

[struggle4progress]

8. US Citizen Sentenced To Death In Iraq (WaPo)

Federal Court Asked To Block Transfer

By Josh White
Washington Post Staff Writer
Saturday, October 14, 2006; Page A17

A U.S. citizen who allegedly orchestrated the kidnapping of three Romanian journalists near Baghdad last year was sentenced to death in an Iraqi court Thursday, prompting his lawyers to ask a federal judge in Washington to block the U.S. military from transferring him to the Iraqi government.

Mohammad Munaf, 53, has been in U.S. custody since May 23, 2005, when he was arrested during a military raid to rescue the Romanian journalists nearly two months after they were snatched. Authorities have alleged that Munaf -- who had ushered the journalists into Iraq and was acting as their guide and translator -- posed as a kidnap victim but was actually involved in a conspiracy for ransom and led them into a trap.

Military officials have said in sworn statements that Munaf confessed to elements of the crime and helped arrange the kidnapping. Munaf has been held at Camp Cropper, where the U.S. military keeps high-value detainees on behalf of Multinational Force-Iraq ...

Justice Department lawyers have argued in court documents that the United States should not step in because the Iraqi government has a right to try people for crimes and that the U.S. military is merely holding Munaf on Iraq's behalf and acting as a multinational force. A Justice Department spokesman said there has been no change in that position.

Munaf's Iraqi attorneys reported that the Central Criminal Court judge was prepared to dismiss the charges at a hearing on Thursday but that two American officials -- including an unnamed general -- stepped into the courtroom and requested a private meeting. The judge returned 15 minutes later and sentenced Munaf and four other defendants to death without hearing additional evidence, according to a sworn statement by Sean Riordan, a legal intern at the Brennan Center who spoke with Munaf's attorney in Baghdad ...

http://www.washingtonpost.com/wp-dyn/content/article/2006/10/13/AR2006101301457.html