Let's recap...

Fearing a near certain adverse ruling from the Supreme Court granting Padilla's motion for a writ of Habeas Corpus, President Bush reversed Padilla's status as an enemy combatant and instead turned him over to the criminal justice system to face trial.

Padilla's lawyers, facing a new indictment for allegations wholly separate from those he was originally accused of, made a motion to dismiss for "outrageous government conduct" based on the years of torture he endured while in military custody.

The government, not wanting to defend Bush's torture, filed a reply that challenged whether the remedy was even available. They basically said that such a dismissal was not allowed no matter how outrageous the government's conduct. They also emphatically denied that Padilla was 'tortured' and insisted that the defense had no evidence otherwise concluding the defense's failure to list its evidence in the original motion was enough to defeat the motion.

They also opposed the defense's request for an evidentiary hearing wherein the defense would have an opportunity to proffer its evidence.

"Wait a minute!" replied Padilla's lawyers. They said they hadn't listed their evidence of Padilla's torture, because they were waiting for a proper evidentiary hearing and that such a hearing is required. Nevertheless, the defense took the opportunity to list several affidavits and other pieces of evidence that support Padilla's allegations of torture. One of those pieces of evidence was photographs of Padilla being blinded and bound with 'all manner of restraints' while shuttled off for a root canal.

Which brings us to this motion.

The government was not happy with the defense's introduction of evidence. I'm sure the administration was very upset to see photographs of Padilla all over the media cycle in connection with Padilla's allegations of outrageous government conduct. So what did the government do? It asked the court for leave to cry foul.

"In his motion, Padilla asked this Court to dismiss the indictment against him based upon his supposed "torture" while in military custody as an unlawful enemy combatant. Padilla's motion did not attach any purported evidence. The government responded to that motion based on its content, pointing out that the motion fails as a matter of law, and that the relief Padilla seeks is unprecedented. [...] Yet in his reply, Padilla attached a host of affidavits and exhibits -- none of which were presented prior to the government's response.

This is the section where the government attaches the footnote above arguing that the still photograph is proof of the government's 'conscience' because they were giving him a root canal blindfolded, bound and broken.

Which leads us to the not-so-veiled threat. You see, Padilla is in such a profoundly broken mental state that he doesn't trust his lawyers. His mind believes that this whole trial is just another form of persecution. He thinks it is a puppet show for his interrogators to trick him into having some false hope.

Mr. Padilla's lawyers say they have had a difficult time persuading him that they are on his side.

From the time Mr. Padilla was allowed access to counsel, Mr. Patel visited him repeatedly in the brig and in the Miami detention center, and Mr. Padilla has observed Mr. Patel arguing on his behalf in Miami federal court.

But, Mr. Patel said in his affidavit, his client is nonetheless mistrustful. "Mr. Padilla remains unsure if I and the other attorneys working on his case are actually his attorneys or another component of the government's interrogation scheme," Mr. Patel said.

Padilla's mind is so broken that it is unable to distinguish between those who are trying to help him and those who have tortured him.

Nonetheless, Padilla's lawyers were able to persuade him to detail the torture he suffered and submitted this as an affidavit attached to their reply. Now, the government is insisting they have the right to cross-examine Padilla on the stand because he has submitted this affidavit:

"Finally, the government expects to address why Padilla's evidence has nothing to do with dismissal on any permissible ground, but has in fact been submitted to shape the Court's views on his alleged incompetency to stand trial, an issue that is not ripe (if it ever will be)²"

And what does footnote number two say??

"It remains the government's position that no hearing is required or appropriate regarding this motion. However, if a hearing occurs, the government reserves the right to question Padilla as a witness regarding any matter within the scope of his affidavit, in which he claims that all of the factual allegations made by his lawyers are true. See, e.g., United States v. United States Currency in the Sum of $185,000, - F. Supp.-,2006 WL 2831163 (E.D.N.Y. Sept. 29, 2006), at *5 ("[A] witness may not give direct testimony and then invoke his privilege on cross-examination. It matters not, as here, that the witness attempts to give his direct testimony through an affidavit.").

They are going to insist on interrogating him once again. They are going to make this broken man, a shell that they have created, get up in front of a room full of his torturers and confront them face to face. This man who still can't allow himself to believe that anyone is trying to help him.

I am so completely disgusted that this President and his Attorney General have created this situation. Words can not convey the horror's they have wrought.