This poor schmuck……he’s no Al-Qaida operative.

Criminal charges against accused al-Qaida operative Jose Padilla should be thrown out because of “outrageous government conduct” during his 31/2-year detention in a U.S. Navy brig in South Carolina, Padilla’s defense lawyers say. “The government’s conduct vis-a-vis Mr. Padilla is a stain on this nation’s character, and through its illegal conduct, the government has forfeited its right to prosecute Mr. Padilla,” his lawyers said in a legal motion filed this week.

In two additional motions, the lawyers argue the case should be dismissed because the government took too much time between arresting Padilla and charging him.

They contend Padilla’s ability to defend himself is compromised as a result of the delay and the mental trauma he suffered.

Full story at the Sun Sentinel