Double Jeopardy In A Terrorism Case?

A Florida Family Says Their Son Who Was Acquitted Of Terrorism Is Being Tried Again

(CBS)  When the Megahead family gets together these days, one member is missing.

"This experience has been very very bad for my son," said Samir Megahed.

His son is Youssef Megahed, a 23-year-old college student and permanent legal U.S. resident, is in immigration custody, facing deportation to Egypt, a country he hasn't lived in since he was 11 years old.

CBS News correspondent Kelly Cobiella talked with Megahead when he called from a central Florida detention center while Cobiella was visiting with his family.

"Are you worried at all?" Cobiella asked.

"No," Megahed said.

"No?" Cobiella asked.

"I have no worries," Megahed said.

"So you are confident?" Cobiella asked.

"Yes," Megahead said.

Confident because he's been in a courtroom before. In August of 2007, Megahed and another college student were stopped while on their way to South Carolina. Police found explosives in the trunk. Both men were arrested and charged with terrorist related activity. The driver, Ahmed Mohamed, pled guilty to providing support to terrorist after authorities found a YouTube video showing him building remote control bombs. Mohamed was sentenced to 15 years.

"Did your son share those ideas?" Cobiella asked Samir Megahed.

"How many times you take a friend for you to the beach, did you know what was in the heart of your friend?" Samir Megahed asked.

Youssef Megahed, charged with two counts of terrorist activity went on trial earlier this year. In April, a federal jury found Megahed not guilty, finding the explosives on were on par with fireworks.

"We respect the jury verdict when we win, and we respect the jury's decision when we lose," said U.S. Attorney Jay Hoffer in April.

Three days later, immigration officials arrested Megahed outside of a Tampa Wal-Mart.

Immigration and Customs Enforcement declined our request for an interview, but said in a statement Mr. Megahed was arrested for "violations to the Immigration and Nationality Act," and "the charges differ significantly from those in his criminal case."

Megahed's family and supporters believe the government's actions amount to double jeopardy, getting a second chance to try a case it lost the first time around. But what the government is doing is perfectly legal.

According to former federal immigration prosecutor Dan Vara, it's the right thing to do.

"You have to ask yourself the question, 'Do we want to take that chance?" Vara said.

Musilm civil rights advocate Ramsi Kilic said because immigration courts have no jury and a lower burden of proof, it's much easier to convict defendants.

"If the government did have something to present, why didn't they present it in criminal court?" Kilic asked.

"Do you still have faith in the justice system?" Cobiella asked Samir Megahed.

"Yes, yes," Megahed said.

Faith that his son's day in immigration court will be as fair as the criminal trial.

[number1GI]

vgbledblable :: hurry up befor your nurse gets back.......

[mljohns00]

So how DO you spell "Megahed"? Or is it "Megahead". No editors left at CBS?

[fleabag75]

Absolutely right on the Rodney King affair. If they want, they'll get you. What you have to remember, a court trial can take days, even weeks. Hours upon hours of testimony day after day. Then the jury makes a decision. What we get here is a one page story and then all the uninformed pass judgment within a couple of minutes. Ouch!

[dlfnfan13]

How can an article be placed on this major site with at least four errors in spelling/grammar? Does anyone check the content before it is placed on the site?

[maistir]

Criminal and civil charges can arise from the same cases. And evidence that is excluded from criminal cases can be admitted in civil cases. The contents of the computer that gave instructions on bomb making and promoted jihad will probably be admitted in the civil trial for deportation. This is not "double jeopardy". CBS' reporting on the courts continues to be the worst in the news business.

[kcits]

Why are we prosecuting this nice boy? I mean, doesn't everyone drive around with explosives in their trunk every now and then?
Posted by jakedog030
********************************************
I did yesterday. I stopped by a fireworks store and bought some firecrackers.

[jakedog030]

Why are we prosecuting this nice boy? I mean, doesn't everyone drive around with explosives in their trunk every now and then? I think we oughta set him free so he can meet a nice American girl and get married -- preferably Nancy Pelosi's daughter.

[Stevenapoli7]

Megahed has a Meganose

[ramos1129]

Someone is charged with a crime. That someone is then found innocent by a jury of his peers in a fair trial. Enough said. Guy is innocent and that is that. Let him go. This guy must have pissed someone off.

[AlanfromGeorgia]

Sounds like what happened to the police officers who were tried twice for beating up Rodney King. They were acquitted the first time, and the riots ensued. Then, they were convicted, and everyone cheered.

[tbbaot]

Megaheads fellow classmate published jihadist videos on Youtube that instructed how to make bombs, use a remote control from a toy car as a remote activation device, and other writings that encourage terrorism against the US. He pleaded guilty because the evidence was overwhelming. Megahead spent much of his time with this "friend" so I find it hard that he did not know what this guy was into. There are recorded conversations discussing terrorist techniques. At the very least he is guilty by association.

[krzeaz]

Now, let's see, WogerWabbit. Was there a rule against it., and did he break it? Did he break it more than once? Methinks YOU are the moron, Woger.

[nearl451]

What a ludicrous system.

[mysteriousjz]

This is vindictive. America does not rest until it has scapegoated the world and has prized itself by any means it can-even if it means millions of lives disrupted for one bruise on a wrist-This is called "take no chances," by the followers of politically correct fearmongers. 15 years for having fireworks!!!!!!! I just dont find this intelligent. More people are killed, many brutally murdered on American streets everyday by fellow countrymen. Where is the justice for those?

[hermitdave]

This is called Cheney justice, never to compared to what was once American justice. In a Cheney world if you look Muslim you have no rights what so ever. The charade must continue at all costs. If Americans ever became smart enough to understand what actually happened on 9/11/01, who knows what they might do. Don't for one minute believe Obama is the real president, he is just a Cheney Bush cabal puppet like the spoiled rich kid.

[Libertarian1776]

I say tell the trurth.
If you don't stand behind Americia.
Send him back to the Middle East.
In fact I think ALL Democrats and Republicans should be charged with treason.
American's forget "We The People"
Don't tread on us!

[walt1944]

Let's try him again, and again, AND AGAIN, until we get the verdict WE WANT!

It doesn't matter if he is innocent or guilty; what matters is WE THINK HE IS GUILTY!!!

We are ALL GUILTY until proven innocent (which will NEVER happen!)!!!!

The days of the Nazi Germany criminal court system have returned!!!

The former-Great Emperor Bush II has returned to the White House and has an office in a closet next to the Oval Office!

HAIL OBAMA??????

[mbburch06]

The driver is spending 15 years in jail, so it had to be worse than just "fireworks" in his car. A first-year law student can tell you that this is NOT double jeopardy. The title of the article is absurd. Also, legal resident is not the same thing as US citizen. That's why immigration is involved.

[baltimorepoly18]

did you read one line of this article? im guessing you blanked the youtube videos on the bombs he makes? you fail

[wogerwabbit]

That's probably because their son is a terrorist.

Posted by krzeaz at 6:33 PM : Jun 6, 2009

Did you read the story moron? ... they had fireworks!

[krzeaz]

That's probably because their son is a terrorist.