The Taco Bell terrorist

Padilla to be sentenced Wednesday.
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Judge Michael Mukasey concluded that “[t]he duty to disclose knowledge of crime rests upon all citizens” and “is so vital that one known to be innocent may be detained, in the absence of bail, as a material witness.”
In re Application of the United States for a Material Witness Warrant, 213 F. Supp. 2d 287, 299 (S.D.N.Y. 2002).
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"In the absence of bail" means "if bail cannot be arranged".
In Mr. Padilla's case, unfortunately, it could not be arranged.
And he can be cuffed and hooded, as appropriate...