The Center for Grassroots Oversight

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Profile: Henry Floyd

Positions that Henry Floyd has held:

Henry Floyd was a participant or observer in the following events:

Judge Henry Floyd of the US District Court in South Carolina rules that the government must charge Jose Padilla with a crime within 45 days or release him. Judge Floyd also criticizes the government’s move to declare Padilla an enemy combatant. “His alleged terrorist plans were thwarted at the time of his arrest. There were no impediments whatsoever to the government bringing charges against him for any one or all of the array of heinous crimes that he has been effectively accused of committing,” Floyd writes. “Since [Padilla’s] alleged terrorist plans were thwarted when he was arrested on the material witness warrant, the court finds that the president’s subsequent decision to detain [him] as an enemy combatant was neither necessary nor appropriate.” More fundamentally, Floyd finds: “It is true that there may be times during which it is necessary to give the executive branch greater power than at other times. Such a granting of power, however, is in the province of the legislature and no one else—not the court and not the president.” The Justice Department announces it will appeal the decision. (Hirschkorn 3/1/2005)

Jeffrey Rapp, the director of the Joint Intelligence Task Force for Combating Terrorism at the Defense Intelligence Agency, provides a 16-page document supporting the government’s declaration that Ali Saleh Kahlah al-Marri is an enemy combatant (see December 12, 2001). Rapp gives the classified document, originally prepared in September 2004 and partially declassified for the court, to the trial judge presiding over the case, Henry Floyd (see April 6, 2006). The document, informally known as the “Rapp Declarations,” makes an array of charges against al-Marri, including alleging that he “met personally” with Osama bin Laden and was sent to the US to “explore computer-hacking methods to disrupt bank records and the US financial system.” Rapp claims that al-Marri was trained in the use of poisons and had detailed information about poisonous chemicals on his laptop computer, a claim verified by an FBI search. Additionally, Rapp says that al-Qaeda “instructed al-Marri to explore possibilities for hacking into the mainframe computers of banks with the objective of wreaking havoc on US banking records.” Rapp also says that al-Marri’s computer was loaded with “numerous computer programs typically utilized by computer hackers; ‘proxy’ computer software which can be utilized to hide a user’s origin or identity when connected to the Internet; and bookmarked lists of favorite Web sites apparently devoted to computer hacking.” Rapp refuses to cite any sources other than “specific intelligence sources” that are “highly classified.” (Jeffrey M. Rapp 9/9/2004 pdf file; McCullagh 9/22/2006) While this kind of evidence is routinely dismissed as hearsay evidence inadmissible in court, Floyd rules that because the Supreme Court ruled in Hamdi v. Rumsfeld that hearsay evidence can be used against alleged enemy combatants (see June 28, 2004), the “Rapp Declarations” would be considered. Floyd says that al-Marri’s lawyers will have to provide “more persuasive evidence” that counters the government’s case—a reversal of the usual burden of proof that places the responsibility of proving guilt on the prosecution and not the defense. (McCullagh 9/22/2006)


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