Judge dumps charge in Padilla terrorism case

Ruling says it repeated other charges in same indictment

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Judge throws out charge in Padilla case
Aug. 21: A federal judge throws out one count in the terror indictment against alleged al-Qaida operative Jose Padilla and his co-defendants. NBC's Pete Williams reports.

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updated 4:31 p.m. ET Aug. 21, 2006

MIAMI - A federal judge on Monday threw out one count in the terror indictment against alleged al-Qaida operative Jose Padilla and his co-defendants, concluding that it repeated other charges in the same indictment.

The ruling by U.S. District Judge Marcia Cooke leaves intact two other terror-related counts against Padilla and the others alleging a conspiracy to provide material support to Islamic extremist causes worldwide.

The count that was dropped charged a conspiracy to “murder, kidnap and maim persons in a foreign country.”

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Cooke ruled that charge was unnecessary because the alleged illegal acts were already covered by the other terror-related counts in the indictment. Prosecuting all three charges, she said, would violate the Constitution’s ban against double jeopardy, or prosecution of the same charges twice.