'Dirty Bomb' Suspect Padilla Indicted, SF Gate/AP, 11/22/2005
Jose "Dirty Bomber" Padilla has been indicted in Miami with criminal
charges of being "part of a conspiracy to murder, kidnap and maim
persons in a foreign country and provide material support to terrorists
abroad. " These charges are different from what he's been
widely accused of doing ever since being nabbed in O'Hare airport in
2002 returning from Pakistan and held since as an "enemy combatant":
planning to blow up hotels and apartment buildings with a radiological
device.
This indictment's a pretty significant since
it seeks a ruling against Padilla as something less than testing the
edges of the "enemy combatant" designation - there's no push to prove
that Padilla was on-ground in Afghanistan/Pakistan fighting against US
troops, etc. The next step for Padilla contesting the ec
designation would've been the Supreme Court. Padilla's no longer
an "enemy combatant."
Also, Padilla's lawyers can argue
against more "classic" charges such as conspiracy and material support.
I'm looking for the text of the indictment (which charges 4 other
suspects, too) and will post it when it's unsealed by AG Gonzalez later
this morning (now, I think).
Padilla'll probably be transfered
from his Navy brig cell in South Carolina where he's sat for 3 years to
Miami shortly thereafter.
Edit: SF Gate updated their AP article, so I'll update this:
"The
others indicted are: Adham Amin Hassoun, Mohammed Hesham Youssef, Kifah
Wael Jayyousi, and Kassem Daher. Hassoun also was indicted on eight
additional charges, including perjury, obstruction of justice and
illegal firearm possession.
Hassoun, a Palestinian computer programmer who moved to Florida in
1989, was arrested in June 2002 for allegedly overstaying his student
visa. Prosecutors previously described him as a former associate of
Padilla.
Padilla
has been held at a Navy brig in South Carolina. Following the
indictment, which was handed up last Thursday, President Bush sent a
memo to Defense Secretary Donald Rumsfeld ordering Padilla transferred
to the federal detention facility in Miami."
Also, I just pulled
today's indictment, the President's 11/20/2005 memo to the SECDEF
releasing Padilla from EC-ness, and the brig transfer memo. I'll
post quotes soonish.
From the President to the SECDEF, in a memo dated 11/20/2005:
"I
hearby determine that is in the interest of the United States that Jose
Padilla be released from detention by the Secretary of Defense and
transferred to the control of the Attorney General for the purpose of
criminal proceedings against him... This memorandum supersedes my
directive to you of June 9, 2002 [Ed: When I declared him EC], and,
upon such transfer, your authority to detain Mr. Padilla provided in
that order shall cease." EC no more! Turn in your t-shirt.