MIAMI, Jan. 22, 2008
Jose Padilla Gets 17 Years In Prison
Initially Accused Of "Dirty Bomb" Plot, Was Convicted Last Summer As A Terrorism Conspirator
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Photo
(AP / CBS)
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Timeline
Enemy Combatant
A summary of Jose Padilla's alleged activities and his court proceedings.
The sentence imposed by U.S. District Judge Marcia Cooke marks another step in the extraordinary personal and legal odyssey for the 37-year-old Muslim convert, a U.S. citizen who was held for 3½ years as an enemy combatant after his 2002 arrest amid the "dirty bomb" allegations.
Prosecutors had sought life in prison, but Cook said she arrived at the 17-year sentence after taking into consideration the "harsh conditions" during Padilla's lengthy military detention at a Navy brig in South Carolina.
"I do find that the conditions were so harsh for Mr. Padilla ... they warrant consideration in the sentencing in this case," the judge said.
Cooke sentenced Padilla to less than the minimum usually according in such cases "because she was never fully convinced that the government had a strong case that directly linked Padilla to terror conspiracy as opposed to mere terror training," CBS News legal chief analyst Andrew Cohen says.
"Padilla may not feel like he got a break - 17 years or less for good behavior is no walk in the park. But it actually could have been a whole lot worse for the guy introduced to the world as the 'dirty bomb' suspect. He was looking at a life sentence as a maximum and 30 years as the suggested minimum and he got far less than even that," Cohen says.
Cooke also imposed prison terms on two other men of Middle Eastern origin who were convicted of conspiracy and material support charges along with Padilla in August. The three were part of a North American support cell for al Qaeda and other Islamic extremists around the world, prosecutors said.
The jury in his trial was told that Padilla was recruited by Islamic extremists in the U.S. and filled out an application to attend an al Qaeda training camp in Afghanistan.
Cooke said that as serious as the conspiracy was, there was no evidence linking the men to specific acts of terrorism anywhere.
"There is no evidence that these defendants personally maimed, kidnapped or killed anyone in the United States or elsewhere," she said.
Padilla was added in 2005 to an existing Miami terrorism support case just as the U.S. Supreme Court was considering his challenge to President Bush's decision to hold him in custody indefinitely without charge. The "dirty bomb" charges were quietly discarded and were never part of the criminal case.
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Cooke sentenced Padilla's recruiter, 45-year-old Adham Amin Hassoun, to 15 years and eight months in prison and the third defendant, 46-year-old Kifah Wael Jayyousi, to 12 years and eight months. Jayyousi was a financier and propagandist for the cell that assisted Islamic extremists in Chechnya, Afghanistan, Somalia and elsewhere, according to trial testimony. Both also faced life in prison.I do find that the conditions were so harsh for Mr. Padilla ... they warrant consideration in the sentencing in this case.
U.S. District Judge Marcia CookePadilla's mother, Estela Lebron, smiled at reporters in the courtroom when the sentence was announced and questioned outside the courthouse whether the Bush administration had misplaced its priorities in prosecuting her son.
"This is the way they are spending our money? Hello?" she said.
But she was also pleased he didn't get the maximum sentence. "I feel good about everything. This is amazing."
Attorneys for Hassoun and Jayyousi were also gratified but repeated that they will appeal their convictions and sentences, as will Padilla.
"It is definitely a defeat for the government," said Hassoun lawyer Jeanne Baker.
"The government has not made America any safer. It has just made America less free," said William Swor, who represents Jayyousi.
There was no immediate comment from the Justice Department or the Miami U.S. attorney's office.
The men were convicted after a three-month trial based on tens of thousands of FBI telephone intercepts collected over an eight-year investigation and a form Padilla filled out in 2000 to attend an al Qaeda training camp in Afghanistan. Padilla, a former Chicago gang member with a long criminal record, converted to Islam in prison and was recruited by Hassoun while attending a mosque in suburban Sunrise.
Padilla sought a sentence of no more than 10 years. Hassoun asked for 15 years or less and Jayyousi for no more than five years.
Padilla's arrest was initially portrayed by the Bush administration as an important victory in the months immediately after the Sept. 11, 2001, terror attacks, and later was seen as a symbol of the administration's zeal to prevent homegrown terrorism.
Civil liberties groups and Padilla's lawyers called his detention unconstitutional for someone born in this country.
Jurors in the criminal case never heard Padilla's full history, which according to U.S. officials included a graduation from the al Qaeda terror camp, a plot to detonate the "dirty bomb" and a plot to fill apartments with natural gas and blow them up. Much of what Padilla supposedly told interrogators during his long detention as an enemy combatant could not be used in court because he had no access to a lawyer and was not read his constitutional rights.
Padilla's lawyers argued for a lenient sentence, in part because of his minor role in the conspiracy that was the subject of last year's trial.
Attorneys for Hassoun and Jayyousi argued that any assistance they provided overseas was for peaceful purposes and to help persecuted Muslims in violent countries. But FBI agents testified that their charitable work was a cover for violent jihad, which they frequently discussed in code using words such as "tourism" and "football."
© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Just the kind of ZERO they''re looking for.
This guy is the poster child for Bush''s failed "war on terrorism".
A petty criminal with a big mouth who should have been dismissed as a "terrorist" 3 years ago - but Americans needed a patsy to direct their anger toward so our government supplied one.
Worse yet, the prosecution was so political, dishonest and unethical in this that we would have been better served if the the prosecutors and judges involved were sentenced to 17 years - not this nobody Padilla. We''d be a hell of a lot safer with them in prison than with him.
Fairy tales can come true . .
It can happen to you . .
If you''re . .
You are right. You should leave this corrupt country. Watch out for the door
Good News ?? ---- Bush did keep 1 campaign promise -- He did to America what he did to Texas,,,,,, Screwed us hard
What do you hear when the government blows that special dog whistle they trained you to hear? Because the rest of us sane and rational people only see how stupid this case was.
Padilla was a show trial, just like they used to have in the Soviet Union when they tried enemies of the state. Some hapless petty criminal was dragged out and accused of any manner of treason and sentenced to the gulag - all to the giddy appreciation and moral outrage of the impotent, authoritarian-loving "citizens".
That would be you two in this case, BTW.
As you carry on with your mindless spitting and clawing and gnashing of teeth it would behoove you to actually ponder (if you have the ability) the fact that Bin Laden is still plotting and our government is still incompetent and this trial and sentence matters not one whit.
We have to take the government''s word for it that idle chatter is code for dark plotting. Please don''t ask the obvious question "Are government agents paranoid mental cases who see a terrorist behind every tree?"
Listen libs, just because we didn''t charge him with dirty bomb, doesn''t mean he didn''t PLAN such a thing. Prosecutors ROUTINELY drop charges ALL THE TIME if they don''t have a 100% iron-clad case. They could have have 90% of the pieces, yet dropped that charge anyway. The guy is guilty of a whole shi*tload of stuff and deserved worse. He got off light. By point of comparison: OJ was found "not guilty" (hardy har har har) yet 98% of people with a brain KNOW he was as guilty as he*ll. Proscecutors know one key thing that liberal ACLU-types don''t: 99% of people on trial are guilty. Ninety-nine percent. Maybe more. Boatloads more guilty people walk away free, every day, than innocent people being convicted. It''s a cold hard fact of life.
D-E-A-D. Including maybe, your kids.
If so, then just about a 1/3 of his time has already been served and with good time, he should back on the block in about five years
----- Sounds like they''ve established legal precidence for the trial & conviction of Bush & Cheney on conspiracy charges.
Just the kind of ZERO they''''re looking for.
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Couldn''t have said it better.
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problem with most liberals, anti-war advocates is that terrorism is a conspiracy and does not exist.
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even more comical is that liberals and anti-war activists ALREADY surrendered and submitted to the wills of the enemy EVEN BEFORE IT STARTED..a defeatist mentality WHICH LEADS TO THIS MINDSET that whatever we do is not enough and is futile..which is evident in your tone..do you want YOU to lead this war against any enemy of this country?? I dont think you have faith even on yourself.
It really makes no difference as to what this man may or may not have done.
Holding this man and torturing him for years, without charging him with a crime, means that any case against him, even if there were one, is invalid, and that the people who should be facing trial, conviction, and sentencing, are the treasonous terrorists that subjected Padilla to this shameful and sub-human treatment.
The neocons have also made a joke of the judiciary, note the no good deed Supreme court. We are to believe the criminal justice system now? You know the criminal system for the poor like Jose and the justice system for the rich, like Enron.
Now the government is convicting people of thought crimes--hypothetical crimes that haven''t been committed. Kids drawing pictures are considered terrorists. People are turned in for saying the wrong things. Its just a hop skip and a jump to a society dominated by secret police and gulags for anyone who makes a wrong move.
The only reason I speak out rather than toe the line and turn my neighbors in is because I am already on the governments list of personas non grata. I have nothing to lose because I am first in line for the detention camps. I will be there to welcome you and laugh in your face because you foolishly believed you were safe.
Mark Fiore has produced an appropriate cartoon for this verdict.
www.cbsnews.com/stories/2008/01/03/opinion/main3669404.shtml
noloyalisti,
Re: "The judge is no doubt an American terrorist sympathizer (ie supports the brutal military invasion in the name of the fraudulent war of terror)."
This does appear to be the case.
What a sad and shameful time this is for the United States of America.
When will we learn? violence begets violence. doesn''t matter if its year 1 or 10,001, people will act the same, greedy, self centered, violent...
but we DO have the ability and knowledge to make it different. do we want to? do you want to?
So move to Venezuela - I hear hugo is giving free money to peasants. Money would make it better wouldn''t it ? Then you wouldn''t have to deal with this shame - right ?
Oh, I''m sorry, I misphrased that. Being as stupid as you should be a crime.
Bet it hurts. But, then again, stupidity should hurt.
Here we have an alleged conspiracy that resulted in zero damage of any kind, while the unelected Bush regime, arguably the most dangerous and sickening domestic enemy that this nation has ever faced, continue their conspiracy to murder and torture an untold number of people across the globe.
The one hopeful thing that might come out of this shameful conviction, is that we may now be able to interview Mr. Padilla, and document some of the torture techniques used against him by the Regime.
This information could prove useful in court proceedings against the Regime and their supporters, and bring us closer to convicting them for their crimes and atrocities, potentially getting them before a firing-squad or gallows.
"Cooke sentenced Padilla to less than the minimum usually according in such cases "because she was never fully convinced that the government had a strong case that directly linked Padilla to terror conspiracy as opposed to mere terror training," CBS News legal chief analyst Andrew Cohen says. "
"Here we have an alleged conspiracy that resulted in zero damage of any kind, while the unelected Bush regime, arguably the most dangerous and sickening domestic enemy that this nation has ever faced, continue their conspiracy to murder and torture an untold number of people across the globe.
The one hopeful thing that might come out of this shameful conviction, is that we may now be able to interview Mr. Padilla, and document some of the torture techniques used against him by the Regime.
This information could prove useful in court proceedings against the Regime and their supporters, and bring us closer to convicting them for their crimes and atrocities, potentially getting them before a firing-squad or gallows."
An exception:
http://www.democracynow.org/2007/8/17/jose_padillas_attorney_calls_guilty_verdict
By DOUGLASS K. DANIEL, Associated Press
WASHINGTON - A study by two nonprofit journalism organizations found that President Bush and top administration officials issued hundreds of false statements about the national security threat from Iraq in the two years following the 2001 terrorist attacks. led the nation to war under decidedly false pretenses. Bush and administration officials stated unequivocally on at least 532 occasions that Iraq had weapons of mass destruction or was trying to produce or obtain them or had links to al-Qaida or both.
"It is now beyond dispute that Iraq did not possess any weapons of mass destruction or have meaningful ties to al-Qaida," according to Charles Lewis and Mark Reading-Smith of the Fund for Independence in Journalism staff members, writing an overview of the study. "In short, the Bush administration led the nation to war on the basis of erroneous information that it methodically propagated and that culminated in military action against Iraq on March 19, 2003."
The cumulative effect of these false statements %u2014 amplified by thousands of news stories and broadcasts %u2014 was massive, with the media coverage creating an almost impenetrable din for several critical months in the run-up to war," the study concluded.
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by speakinup
January 23, 2008 11:43 PM PST
- bad news, veteran71 - Habeus Corpus was suspended by Lincoln in Maryland around the start of the Civil War. So how far back do you want to go to find this "Former Free Nation" you are claiming we lost ?
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Reply to this comment
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See all 45 CommentsYou are nothing but a fuggin alarmist. Too bad it isn''t "politically acceptable" to tar a feather charlatans anymore. I''d love to see you, feelfree, and witless riding a pole.
And if you are going to manufacture a quote - get the spelling for "Guantanamo" right, ok ! It''s much more believable that way.
By the way - Jose got off light. The *** should have been executed.