Judge Throws Out Terror Charge in Padilla Case

(This is not doubt an activist judge who hates America, does not understand we are at war and is helping the terrorists to win.)

The U.S. government's high-profile terror case against Jose Padilla and two other Muslims has suffered another serious setback as their Miami trial looms in January.

U.S. District Judge Marcia Cooke threw out the first count in the indictment -- that the threesome conspired to murder, kidnap and maim persons in a foreign country -- saying it repeated the main alleged ''conspiracy to advance violent jihad'' in two other charges.

''There can be no question that the government has charged a single conspiracy offense multiple times, in separate counts, when in law and in fact, only one [alleged] crime has been committed,'' Cooke wrote in an eight-page ruling released to prosecutors and defense lawyers on Monday.

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