September 10, 2009 1:34 PM

Padilla In Court; Government On Trial?

By
Tucker Reals
(CBS)  It was five years ago that an American man was arrested in Chicago and publicly accused of plotting with al Qaeda to explode a radioactive "dirty bomb" inside the United States.

Monday, the trial of Jose Padilla will finally begin with opening statements before a federal jury in Miami. But CBS chief investigative correspondent Armen Keteyian reports the words "dirty bomb" will not likely feature in the proceedings.

Eight months after the September 11 attacks, the FBI detained Brooklyn-born Padilla at Chicago's O'Hare International Airport. President Bush quickly proclaimed the former gang member an "enemy combatant", intent on detonating a radioactive device on U.S. soil.

However, federal prosecutors will now present far less sensational conspiracy charges against the 36-year-old — attempting to convince a Miami jury that he and two co-defendants intended to "murder, kidnap and maim" people overseas.

CBS News legal analyst Andrew Cohen says: "I think the government's credibility is on trial. This is a guy they initially introduced to us as the face of terror, the dirty bomb suspect who was gonna blow up some radiological bomb, destroy people. And now he's on trial for garden-variety terrorism charges." (Read Cohen's related column)

Defense lawyers have argued Padilla's three-and-half-year internment in a South Carolina naval brig was tantamount to torture, leaving him mentally unfit to stand trial, but the trial judge rejected those arguments. What could really be on trial is the government's ability to hold terror suspects for years on end, without giving them a day in court.

"They treated him as such a high-level terror suspect that they refused to charge him for years, and they kept interrogating him, trying to think he was linked to other high-ranking al Qaeda figures," says Cohen. "We don't know necessarily if that's the case or not, but now we begin to see some of the evidence."

The government's case will focus on Padilla's alleged path to al Qaeda after his conversion to Islam; a move to Egypt in the late 1990s and eventual training in Afghanistan. Government Exhibit A: a terror camp application alleged to have his fingerprints and signature.

Padilla has never spoken publicly of his ordeal, but his mother says its time for the government to state its case.

"Well, let's prove it. Show me the money. Show me proof," Estella Ortega-Lebron told CBS News.

The trial is expected to last through much of the summer. If convicted of conspiring to support terrorism, Padilla could face life in prison.

Copyright 2009 CBS. All rights reserved.
  • Tucker Reals

    Tucker Reals is a senior news editor and overnight site editor for CBSNews.com, based at CBS News' London bureau.

Add a Comment See all 18 Comments
by ericmichael1 May 16, 2007 1:12 PM EDT
Armen (& Andy),

Your both dead wrong on this one.

Al Qaida is truly an international organization that has actively recruited U.S. citizens and anyone able to get a visa to the U.S. It is also a clandestine organization that trains its undercover operatives to be as secretive as possible.

We have seen how hard it is to prove that Russian agents poisoned an ex-agent. It is a covert operative's job to leave as little evidence as possible. Is it any different with al Qaida, whose agents sincerely believe that they are soldiers in a divine war?

Don't expect a mountain of evidence with Padilla or any other good al Qaida agent. The job now of law enforcement is to DISRUPT, not to build elaborate cases. The most important thing is to save lives. But, Armen & Andy, if we treat U.S. citizens who choose to be operatives as if they are innocents who were caught up in some kind of "government conspiracy", we are not only deluding ourselves, but we are taking risks with the lives of our own children.

How many need to be killed by terrorists before we believe we are in a war? After all, al Qaida operatives believe it.

Eric
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by michellem99-2009 May 14, 2007 1:44 PM EDT
Bush oaught to read the constution.He took an oath to up hold it.He is not above it. Bush should the constution read on his mp3 player if can be downloaded to it. I realise we are human but we the people...Hold Bush to the constution.
Bush needs to step down now and face the music. He truly messed up. One person should never ever hold all the power.Congress needs to step upto the plate and have the gall to remove any unfit person from office in the white house. We need to do a better job here cleaning out our back yard before we go about cleaning out others. The war on terror is in Bush's mind. When I see troops die, I see them fighting and dying so Bush and the sighted Americans can drive their cars. The blood is on the hands of Bush,father and son.They will have to live with it. I would never have send them in to battle over lies. We had no say. End the illegal war.RWEMOVE BUSH FROM POWER. The govt must never be a bully. Bush is such.
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by bareemperor May 14, 2007 1:27 PM EDT
To Bu$hCo, anyone who disagrees with D!ck Cheney is an 'enemy combatant'.
Halliburton and FEMA have prepared the 'camps'.
Google 'Halliburton camps'
"Be afraid" - Ashcroft
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by grumpas May 14, 2007 12:58 PM EDT
I always had the feeling Padilla didn't do that much! This pretty well proves my original hunch! His only crime was being available to be used by Bush and Company! They had to keep the public 'terrorized' with fear that someone was going to attack us again. Leading up to the war, Bush was to 'hot to trot' to start a war! He made literally no attempt to keep it from happening. It was clear what his intentions were then! Our government needs to be put on trial by someone! If not Bush/Cheney then the whole slimey subculture that has taken over the Executive branch in Washington. These are true 'War Criminal's' if I have ever saw one before. They need to be proscuted to the full extent of the law and spend a good long time in jail!
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by neoconrcrazy May 14, 2007 11:40 AM EDT
Government Exhibit A: a terror camp application

Can't let this one go by.....

the reason for the application process to become a bona-fide terrorist is because there are too many applying since the Bush War in Iraq.

The Taliban are also starting the application process as their numbers have been increasing steadily since Bush abandoned Al-Qaeda's forward base to adventure in "nation building" in Iraq.

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by sasi1-2009 May 14, 2007 11:35 AM EDT
Well, if he wasn't a terrorist before, after five years he probably will be. I know it would really tick me off to be incarcerated without benefit of counsel, and without being actually charged. Bush thinks he's God, but he needs to rethink. He's just an imbecile with a big head.
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by sasi1-2009 May 14, 2007 11:32 AM EDT
Well, if he wasn't a terrorist before, after five years he probably will be. I know it would really tick me off to be incarcerated without benefit of counsel, and without being actually charged. Bush thinks he's God, but he needs to rethink. He's just an imbecile with a big head.
Reply to this comment
by May 14, 2007 10:19 AM EDT
radiob wrote:

"Does this strike anyone as odd? A terror camp application?Does Hezzbollah and Hamas have such applications? Or for that matter any other terror group?"

Not at all.

You see, if you don't get in early, you could miss out on the cave with the best view.

And you might have to share with smelly Achmed (the camel herder from Pakistan).

Hence, you need to book in extra early to avoid the rush.
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by macusweil May 14, 2007 10:02 AM EDT
just another ripe example of how the neo.cons have displayed their utter incompetence at running government
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by radiob-2009 May 14, 2007 9:31 AM EDT
Government Exhibit A: a terror camp application alleged to have his fingerprints and signature.


Does this strike anyone as odd? A terror camp application?Does Hezzbollah and Hamas have such applications? Or for that matter any other terror group?
Reply to this comment
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