https://www.frontpagemag.com/fpm/274523/judges-cave-cair-lloyd-billingsley
In 2006, federal judge Garland E. Burrell sentenced Hamid Hayat of Lodi, California, to 24 years in prison for, as the U.S. Department of Justice explained, “a series of terrorism charges related to his 2003/2004 attendance at a jihadi training camp in Pakistan and his 2005 return to the United States with the intent to wage violent jihad.”
As prosecutors charged, the man with “a jihadi heart and a jihadi mind” intended to target hospitals, banks and grocery stores. Hayat boasted about giving money to Sipah-e-Sahaba, a group that Pakistan declared a terrorist organization. The case was one the first major prosecutions of terrorism in the wake of 9/11.
Nearly 14 years later, judge Burrell, an appointee of George H.W. Bush, has vacated the sentence and conviction of Hamid Hayat, now 36. This action was based not on new exculpatory evidence but what amounted to a post-facto performance review of Hayat’s trial attorney by magistrate judge Deborah Barnes.
In May of 2006, Hamid’s father, Umer Hayat, pleaded guilty to making a false statement to the FBI and United States Customs and Border Protection. He was tried by a separate federal jury but the proceeding ended in a mistrial and Umer Hayat gained release in August of 2006. Hamid Hayat’s attorney Wahzma Mojaddidi, a former CAIR president in Sacramento, contended there was no evidence that Hamid attended a terrorist training camp and pushed for a new trial.
In 2007, federal authorities argued against a new trial, and as their legal brief noted, Hayat claimed that jihad was the duty of all Muslims. In recorded interviews, Hayat gleefully stated he was “so pleased” that jihadis had cut Wall Street Journal reporter Daniel Pearl “into pieces.” Hayat said Pearl “was Jewish” and that as a result of this “good job,” now “they can’t send one Jewish person to Pakistan.”
