Jose Padilla

José Padilla, a Brooklyn-born U.S. citizen, was initially arrested on May 8, 2002, by the FBI at Chicago’s O’Hare International Airport under a material witness warrant issued by the District Court for the Southern District of New York "in connection with the government's ongoing investigation into threats of terrorism." 

Padilla is also known as Ibrahim, Abu Abdullah the Puerto Rican, Abu Abdullah al-Mujahir.

Enemy Combatant On June 9, 2002, President George W. Bush signed a memorandum designating Padilla as an enemy combatant and directed the Secretary of Defense to take him into custody.

Padilla was "transferred from control of the U.S. Department of Justice to military control" the same day. He was then "held" in the Consolidated Naval Brig in Charleston, South Carolina. He was not "charged with a crime" and did not "have access to a lawyer in his detention." 

Indicted After three years in detention, Attorney General Alberto R. Gonzales announced November 17, 2005, that Padilla, "held without charge for more than three years as an enemy combatant," had been indicted "in what the federal authorities said was a plot to 'murder, kidnap and maim' people overseas," David Stout reported in the November 22, 2005, New York Times.

Gonzales said that "Padilla had conspired as part of a 'North American support cell' to send 'money, physical assets and new recruits' overseas to engage in acts of terrorism and that he had traveled abroad himself to become 'a violent jihadist'," Stout wrote.

"Scott Silliman, a Duke University law professor, who specializes in national security, theorized that the government had secured the indictment against Mr. Padilla so that it could sidestep a Supreme Court showdown over when and for how long American citizens could be held in military prisons," Stout reported.

Bush Administration Rebuked by Court On December 21, 2005, in "a sharp rebuke," the U.S. Court of Appeals for the Fourth Circuit denied "a Bush administration request to transfer terrorism suspect Jose Padilla from military to civilian law enforcement custody."

Judge J. Michael Luttig wrote on behalf of the Court that the Government's "actions have left not only the impression that Padilla may have been held for these years, even if justifiably, by mistake — an impression we would have thought the government could ill afford to leave extant."

Background
Padilla was "accused of plotting heinous acts of terrorism, particularly the setting off of a 'dirty bomb'. He [was] accused of conspiring with members of al Qaeda, and planning to scout for that terrorist organization, using the benefits of his U.S. citizenship." 

Padilla, like Yaser Hamdi, was held "without bail, criminal charges, access to attorneys or the right to remain silent." On June 9, 2001, the Department of Justice designated Padilla as an enemy combatant. 

On June 12, 2002, "government officials admitted that they had no physical evidence linking Padilla to a bomb plot--no bomb materials or even documented attempts to obtain bomb materials, no diagrams, not even a chemistry textbook." 

"Soon after that, it came out that most of the government's case against Padilla rested on information given to them by Abu Zubaydah, a former Al-Qaeda operative who had been feeding U.S. investigators with a steady string of warnings and doomsday predictions--none of which ever came to pass--ever since his capture in late March." 

"Padilla's indefinite detention, without access to an attorney, has civil libertarians up in arms. That's why the Cato Institute, joined by five ideologically diverse public policy organizations -- the Center for National Security Studies, the Constitution Project, the Lawyers Committee for Human Rights, People for the American Way, and the Rutherford Institute--filed a friend-of-the-court brief in Padilla v. Rumsfeld, ... before the U.S. Court of Appeals for the Second Circuit in New York." 

Updates
Defense Secretary Donald Rumsfeld said June 11, 2002, that Padilla -- who also goes by the name of Abdullah Al Muhajir -- may never face trial.


 * "'Our interest is not in trying him and punishing him,' Rumsfeld said. 'Our interest is in finding out what he knows.'"

On July 28, 2002, Friends of Liberty posted "Jose, Interrupted: Where Is Terrorist Jose Padilla?":


 * "In a sequence of events that should turn every American literally white with terror before the awesome power of our media apparatus, a former gang member-turned-would-be terrorist was dug up out of a pit after being held illegally for a month, offered to the entire world as public enemy number one for about ten minutes, and then tossed back into purgatory, apparently to be officially forgotten for the rest of eternity."

In December 2003, the federal appeals court ruled that "President Bush does not have power to detain American citizen Jose Padilla, the former gang member seized on U.S. soil, as an enemy combatant," the Associated Press reported December 18, 2003.

SourceWatch Resources

 * civil liberties
 * global detention system
 * Guantanamo Camp Xray
 * Legal Arguments for Avoiding the Jurisdiction of the Geneva Conventions
 * rendition

Profiles

 * José Padilla (alleged terrorist) in the Wikipedia.
 * "Jose Padilla, U.S. Citizen," Human Rights First. Includes links to documents regarding all aspects of the Padilla case.
 * Profile: Jose Padilla, BBC, last updated November 22, 2005.

Undated

 * Seamus McGraw, "All about Jose Padilla," Court TV Crime Library.

2002

 * "Lawyer: Dirty bomb suspect's rights violated" and "'Dirty bomb' suspect's criminal record," CNN, June 11, 2002.
 * Tony Karon, "Person of the Week: Jose Padilla. For incarnating the sum of our fears, the former Chicago thug-turned-terror suspect is our person of the week," TIME, June 14, 2002.
 * Patrick Martin, "US to hold Jose Padilla indefinitely without charges," wsws.org, June 15, 2002.
 * Amanda Ripley, "The Case of the Dirty Bomber. How a Chicago street gangster allegedly became a soldier for Osama bin Laden," TIME, June 16, 2002.
 * "Feds defend incarceration of 'dirty bomb' suspect," CNN, June 27, 2002.

2003

 * "PFAW Foundation Joins With Unlikely Allies in Brief Against Unauthorized, Unconstitutional Padilla Detention. Executive Branch Has No Power to Detain Citizens Indefinitely Without Explicit Congressional Authorization," People for the American Way, July 31, 2003.
 * Robert A. Levy, "Jose Padilla: No Charges and No Trial, Just Jail," Cato Institute, August 21, 2003.
 * Brigid O'Neil, "Jose Padilla--A Constitutional Challenge for Us All," Common Dreams, December 19, 2003.

2004

 * Lewis Z. Koch, "Dirty bomber? Dirty justice. According to John Ashcroft's Justice Department, even U.S. citizens are not entitled to their constitutional right to legal representation," Bulletin of the Atomic Scientists, January/February 2004.
 * Gina Holland, "Supreme Court to rule on new terrorism case involving U.S.-born 'dirty bomb' suspect," Associated Press (SF Gate), February 4, 2004.
 * April Sontag, "Terror Suspect's Path From Streets to Brig," New York Times, April 25, 2004.
 * "'Enemy Combatants' in Court," New York Times Op-Ed, April 26, 2004: "The Supreme Court hears arguments this week in two cases involving Americans who are being held indefinitely, without the right to see a lawyer, simply because they have been designated 'enemy combatants.' The Bush administration, ignoring basic constitutional principles, argues that because the detentions are military decisions made in wartime the courts have no authority to second-guess them. These are historic cases that could shape the post-9/11 legal landscape for years to come. The Supreme Court should send a strong message that even during a war on terrorism, the government cannot strip citizens of their most basic rights."
 * "Ashcroft Degrades American Democracy," Center for American Progress, June 2, 2004.
 * Jacob G. Hornberger, "The Padilla Doctrine Doesn’t Infringe on Freedom — It Destroys It," The Future of Freedom Foundation, June 4, 2004.
 * Mike Whitney, "Padilla Redux. Arbitrary Imprisonment: a Symbol of Tyranny," CounterPunch, August 6, 2004.

2005

 * Dave Lindorff, "Black Helicopters? The GOP's Police State," CounterPunch, May 21/22, 2005.
 * "NYCLU Files Appeals Brief In Support Of Release Of Jose Padilla," ACLU (Information Clearing House), June 14, 2005: Amicus Brief.
 * "Padilla Case," PBS Online NewsHour, July 19, 2005.
 * Editorial: "Indict Jose Padilla," Washington Post, September 10, 2005.
 * Mike Whitney, "Jose Padilla and The Death of Liberty," Information Clearing House, September 10, 2005.
 * Gene Healy, "Jose Padilla: Constitutional Unperson?" Cato Institute, September 25, 2005.
 * David Stout, "U.S. Indicts Padilla After 3 Years in Pentagon Custody," New York Times, November 22, 2005. See November 17, 2005, Indictment posted by FindLaw.com.
 * Memo from Pres. George W. Bush to U.S. Sec’y of Defense Donald Rumsfeld. Re: Trasnfer of Detainee Jose Padilla U.S. v. Padilla, November 20, 2005; Superseded Bush's June 9, 2002, designation of Padilla as an 'enemy combatant'; posted on FindLaw website.
 * Prepared Remarks of Attorney General Alberto R. Gonzales at the Press Conference Regarding the Indictment of Jose Padilla, Department of Justice, November 22, 2005.
 * "Flashback: A Lifetime in Limbo. Jose Padilla indicted at last," Village Voice, November 22, 2005.
 * Jack Balkin, "Padilla Indicted," Balkinization, November 22, 2005.
 * "Terror suspect Padilla charged," CNN, November 22, 2005.
 * "Jose Padilla Indicted," NPR, November 22, 2005. Guest: Raja Mishra, reporter for the Boston Globe.
 * Eric Lichtblau, "In Legal Shift, U.S. Charges Detainee in Terrorism Case," New York Times, November 23, 2005.
 * Editorial: "Um, About That Dirty Bomb?" New York Times, November 23, 2005.
 * Dahlia Lithwick, "Public Enemy No. 43,527. The government throws back another small fish," Slate, November 23, 2005.
 * Amy Goodman, "Why did the Bush Administration Hold Jose Padilla for 3 Years as an Enemy Combatant? No Mention of al Qaeda or Plot to Attack U.S. in Indictment," Democracy Now!, November 23, 2005.
 * "Jose Padilla Charged," PBS Online NewsHour, November 23, 2005.
 * Editorial: "A trial for Jose Padilla. American Held Since 2002 Deserves Chance to Answer Allegations That He Joined a Terrorist Conspiracy," The Mercury News, November 23, 2005.
 * Guy Taylor, "Padilla case mum on 'dirty bomb'," Washington Times, November 24, 2005.
 * John Andrews and Barry Grey, "Indictment of Jose Padilla: another chapter in Bush’s war on democratic rights," WSWS, November 24, 2005.
 * Thomas Oliphant, Editorial: "Padilla case tests the Patriot Act," Boston Globe, November 24, 2005.
 * Tom Regan, "Report: US didn't want Al Qaeda members to testify in Padilla case. Evidence linking Padilla to 'dirty bomb' plot may have been obtained under 'harsh questioning'," Christian Science Monitor, November 25, 2005.
 * Jamie Wilson, "Torture claims 'forced US to cut terror charges'. Dirty bomb evidence came from al-Qaida leaders. CIA worried case would expose prison network," Guardian (UK), November 25, 2005.
 * Editorial: "Jose Padilla's America," Los Angeles Times, November 29, 2005.
 * Terry Frieden, "Court delays Padilla transfer from brig," CNN, November 30, 2005.
 * Christopher Brauchli, "Jose Padilla and the Fourth Circuit: To Be or Not To Be an 'Enemy Combatant'," Common Dreams, December 17, 2005.
 * Linda Greenhouse, "Justices Are Urged to Dismiss Padilla Case," New York Times, December 18, 2005.
 * Order No. 05-6396: Jose Padilla (CA-04-2221-26AJ), United States Court of Appeals for the Fourth Circuit, Filed December 21, 2005.
 * James Vicini, "Court rules against govt in Padilla case," Reuters, December 21, 2005.
 * Toni Locy, "Appeals Court Refuses to Transfer Padilla," Associated Press (ABC News), December 21, 2005.
 * Neil A. Lewis, "Court Refuses U.S. Bid to Shift Terror Suspect," New York Times, December 22, 2005.
 * Jerry Markon, "Court Bars Transfer of Padilla To Face New Terrorism Charges," Washington Post, December 22, 2005.
 * "US government rebuked on Padilla," BBC, December 22, 2005.
 * Kevin Drum, "Trivializing Terror," Political Animal, December 22, 2005.
 * Editorial: "Mr. Padilla in Captivity," Washington Post, December 23, 2005.