April 27, 2007
By Mike Whitney
The case against Jose Padilla would be funny if a man’s life hadn’t been ruined in the process---but it has. The Bush administration has leapt from one absurd accusation to the next completely undisturbed by the glaring inconsistencies of their case. The prosecution’s objective is the same now as it was 5 years ago when the Chicago gang-banger was first arrested at O’ Hare Airport as an alleged “dirty bomber”, that is, keep Padilla behind bars for the rest of his life.
The government has no case against Padilla and they know it. He’s merely a lab-rat in their experiment to expand presidential powers. The Washington Post even admitted this in an article earlier this week, “Few Specifics Evident as Padilla Trial Nears” 4-23-07. Padilla had no nuclear material, no plan to attack apartment buildings, and no part in any terrorist conspiracy. It’s all baloney. In 5 years, the government hasn’t produced a shred of evidence that Padilla is guilty of anything.
Nothing—zippo! In fact, according to the Washington Post, the government’s case “lacks anything about the defendant being involved in ANY particular plot in the United States OR ANYWHERE ELSE”.
So, why has this travesty been allowed to continue for so long?
Padilla has been in solitary confinement for the last 5 years. During that time he was drugged, humiliated, and tortured—all of the practices which have become commonplace under Bush. For the first 4 years he was deprived of habeas corpus and legal counsel. During that period, he was never charged with a crime. He was simply declared an “enemy combatant” and stripped of his rights. His arrest has been used to establish the precedent that Bush can arbitrarily imprison American citizens without filing charges. It is the very definition of tyranny.
But this is old news. What’s new is that the media’s coverage of Padilla has grown strangely sympathetic. The Washington Post, which has been one of the strongest backers of Bush’s foreign adventurism, has been considerably less supportive of his attack on civil liberties. The Post criticized the weakness of the government’s case and the woeful lack of evidence connecting Padilla to a crime. The prosecution even admits that the charges are “hard to particularize” and that the defendant cannot be “linked to a particular violent act or terrorist group.” This explains the skepticism of U.S. District Judge Marcia G. Cooke who said (with some irony) that the indictment “is very light on facts”.
Nevertheless, the Padilla case is going forward even though there is no evidence of a crime---just the possibility that Padilla might do something illegal in the future. The parallels to Franz Kafka’s “The Trial” have not been lost on Padilla’s defense team who characterized the government’s case as “the ethereal nature of an alleged conspiracy.”
By “ethereal” we assume they mean hogwash.
The Post does a good job of exposing the flaws in the prosecution’s case, but stops short of saying the charges are baseless and without merit. They know what Bush and his legal team are up to and what extraordinary steps they will take to reach their goal. They are trying to convict a man (and possibly send him to his death) without producing any witnesses or evidence of a crime. If they succeed, Bush will be able to ignore the law and arrest whomever he chooses. That doesn’t mean the outcome of the trial is certain. Far from it. In fact, it’ll be hard to prove Padilla’s guilt with nothing but conjecture and demagoguery.
Presently, the government is charging Padilla as a material witness in a “conspiracy to murder, kidnap and maim”. But they have no proof.
They say that he is part of a “North American support cell that’s part of a vast international movement of foot soldiers, recruiters and financiers who foment violent jihad around the globe.”
Again, there is no of this.
They say that he signed a “mujahideen data form”; an “application form that was recovered from a reputed Al Qaida base.”
Even if Padilla did sign this silly-sounding jihad application, (which is still in doubt) that's guilt by association---it doesn’t prove that he was involved in the commission of a crime.
The prosecution’s case depends on convincing jurors that Padilla was secretly preparing Al Qaida forces for another terrorist attack. They have submitted wiretapped phone conversations which (they believe) implicate him in a conspiracy. But do they? The conversations prove nothing. In fact, they're ridiculous. They are merely recordings of Padilla with some unknown person talking in code about spending “$3500 to buy zucchini”.
“Zucchini”?
Is that it? Is that the government's case? Is it really worth keeping a man behind bars for 5 years and driving him mad because he talks about zucchini on the phone?
What about rhubarb?
Even the Post cannot relay the details of the “The Zucchini Prosecution” without a hint of derision. The Post’s reporter, Peter Whoriskey, mockingly notes that while the government’s case is short on “violent specifics”; it is “rich in atmospherics.”
Indeed. The entire case appears to be built on “atmospherics” rather than facts. The prosecution has no more evidence now than they did when they began this witch-hunt. Federal Prosecutor Brian Frazier admitted as much when he was asked about the vague nature of the charges.
Frazier said they were “hard to particularize” and that they revolve around an “inchoate crime…rather than any completed operation”.
“Inchoate”?
So, Frazier is admitting that the alleged crime was still in its embryonic stages? That it hadn’t yet been committed!?!
Get this: Jose Padilla just spent 5 years in solitary confinement for a crime, which the government now admits, never took place.
The notion that a man can be imprisoned without proof of a crime is “preemptive justice”, which is no justice at all. It denies the “presumption of innocence” and cedes absolute power to the state.
The court needs to put an end to this nonsense and dismiss the case for lack of evidence. This fiasco has gone on long enough. No one should be caged like an animal for half a decade for talking about zucchini on the phone.
Padilla should be released.
Dec 4, 2006
Here's yet another reason that America should not torture prisoners being held as "enemy combatants." You can't try them for their crimes afterwards, and torture scrambles memories.
Here's yet another reason that America should not torture prisoners being held as "enemy combatants." You can't try them for their crimes afterwards, and torture scrambles memories.
According to a report in the NYT, the Court is considering whether torture has so impaired the memory of accused "Dirty Bomb" plotter, Jose Padilla, that he is now unfit to stand trial.
If he's found to be incompetent, and his testimony tainted, then Padilla can't stand trial and be convicted. If he is tried, and his recollection is flawed, it is unlikely that the trial will add much to the public understanding of his case.
Either way, the interests of justice seem to have been thwarted.
This may be good news to anyone who doesn't want Padilla to testify about what really happened to him in Afghanistan and Pakistan before he flew back to Chicago in 2002, in the company of a planeload of U.S. intelligence agents who had been following him after he allegedly met with leading al-Qaeda figures who had also planned 9/11. These cases are cojoined in some interesting ways.
Experts say that Padilla's memory have been damaged by the extreme physical and psychological stress of his confinement and interrogation. According to a report in today's New York Times:
Dr. Angela Hegarty, director of forensic psychiatry at the Creedmoor Psychiatric Center in Queens, N.Y., who examined Mr. Padilla for a total of 22 hours in June and September, said in an affidavit filed Friday that he "lacks the capacity to assist in his own defense."
"It is my opinion that as the result of his experiences during his detention and interrogation, Mr. Padilla does not appreciate the nature and consequences of the proceedings against him, is unable to render assistance to counsel, and has impairments in reasoning as the result of a mental illness, i.e., post-traumatic stress disorder, complicated by the neuropsychiatric effects of prolonged isolation," Dr. Hegarty said in an affidavit for the defense.
Mr. Padilla is alleged to have been "damaged by his interrogations and prolonged isolation that he suffers post-traumatic stress disorder and is unable to assist in his own defense. His interrogations, (his attorneys) say, included hooding, stress positions, assaults, threats of imminent execution and the administration of "truth serums."
The NYT article continues:
Mr. Padilla’s situation, as an American declared an enemy combatant and held without charges by his own government, was extraordinary and the conditions of his detention appear to have been unprecedented in the military justice system.
Philip D. Cave, a former judge advocate general for the Navy and now a lawyer specializing in military law, said, "There’s nothing comparable in terms of severity of confinement, in terms of how Padilla was held, especially considering that this was pretrial confinement."
Memories Erased, Evidence Destroyed?
Like Padilla, a number of "enemy combatants", are unlikely ever to reveal much beyond the official record of their interrogations. Waterboarding cuts off oxygen to the brain, destroying memory, permanently. The same effect can, of course, be achieved by the abusive administration of psychoactive drugs.
For reporters and researchers, that cuts off an important line of post-conviction inquiry.
In the Padilla case, along with several UK terrorism plots, there's a line of evidence that leads us back to safehouses in Lahore, Pakistan and madrasas in Afghanistan:
Another group known to London officials is Lashkar-e-Jhangvi (LJ) and Lashkar-e-Tayyiba (LT). After the collapse of the Taliban, LJ members became active in aiding other terrorists with safehouses, false identities, and protection in Pakistani cities, including Karachi, Peshawar, and Rawalpindi. Lashkar-e-Tayyiba, is the armed wing of the Pakistan- based religious organization, Markaz-ud-Dawa- wal-Irshad (MDI)--a Sunni anti-US missionary organization formed in 1989. Based in Muridke (near Lahore) and Muzaffarabad. 6 Accused Dirty Bomb terrorist Jose Padilla is known to have gone to Lahore, Pakistan to learn about bomb making. Benjamin Ahmed Mohammed, an accomplice of Padilla was taken into custody in Pakistan after Padilla left there on a flight where U.S. agents on board watched him closely before his arrest upon arrival in the U.S. 8
A persistent theme through terrorism cases, like Padilla's, is that the suspects appear to have been monitored by western intelligence agencies before they entered the U.S. or U.K. The Flight 77 hijackers, Nawaf al-Hazmi and Khalid Al-Midhar, were observed by the CIA as they left an al-Qaeda planning session in Kuala Lumpur and flew into LAX on January 15, 2000. A distinguishing feature of the post-9/11 conspiracies was that no one seriously believed they were capable of carrying out the terrorist operations they became involved in. Padilla was never trained to handle nuclear materials. In fact, the al-Qaeda figures who managed and financed Padilla's activities had concluded he was incapable of carrying out a plot to explode radiological dirty bombs. He was viewed as a dull student, barely capable of carrying out conventional bombings. This is clear from the written statement of James Comey, the U.S. Attorney who prosecuted the case:
Padilla admits that after this specialized explosives training, he spent much of September of 2001, including after the attacks of September 11th, staying with Mohammed Atef at Atef's safe house near Kandahar. That was the same safe house were Atef was killed by American forces after it was bombed in November of 2001 in a military raid. Padilla's life was spared only because he happened that night to be staying at the safe house run by his explosives teacher. But he returned and dug his mentor Atef's body out of the rubble.
And then, according to Padilla, a decision was made that all Arab fighters had to be moved out of Afghanistan because the Americans were coming. Padilla, armed with his assault rifle, joined many other armed al Qaeda fighters in moving to the Pakistan border to escape the American forces. At that border, Padilla met Abu Zubaydah. Abu Zubaydah, one of the most important and powerful members of al Qaeda, was in charge at that border of sorting the fighters into two groups: those who should continue on and be relocated to Pakistan, and those who should be sent back into Afghanistan.
Padilla admits that after crossing into Pakistan he met Zubaydah again at a safe house in Lahore, Pakistan, and then met with him yet again at another house in Faisalabad, Pakistan. Padilla says it was at the place in Fasialabad that he and a new accomplice, a new partner, approached Abu Zubaydah with an operation in which they proposed to travel to the United States to detonate a nuclear improvised bomb that they had learned to make from research on the Internet. Padilla says that Zubaydah was skeptical about the idea of them building and deploying a nuclear bomb, but nonetheless, told them he would send them on to see Khalid Sheik Mohammed, also known as KSM, the operational leader of al Qaeda and the mastermind behind September the 11th.
We know separately that Zubaydah did think the nuclear bomb idea was not feasible, but he did think, as well, that another kind of radiological device was very feasible -- uranium wrapped with explosives to create a dirty bomb.
Zubaydah believed this was feasible, and encouraged Padilla and his accomplice to pursue it. He warned them, though, that it would not be as easy as they might think, but they seemed convinced that they could do it without getting caught.
Zubaydah's plan was to use Padilla and his accomplice for Zubaydah's own operations in the future. But they were so eager, so intent on carrying out an operation in the United States that in March of 2002 he sent them to see Khalid Sheikh Mohammed, even going so far as to write a reference letter to Khalid Sheikh Mohammed about Padilla, giving Padilla and his accomplice money, and urging them to seek out KSM about the dirty bomb plot. Zubaydah separately called Khalid Sheikh Mohammed, told him about the dirty bomb project, and also told him he didn't think it was practical, but he wanted Khalid Sheikh Mohammed to check it out himself and to evaluate it. He told Khalid Sheikh Mohammed that he was free to use Padilla in his operations in the United States if he wished.
Mohammed did meet with Padilla and his accomplice, and he was, as Zubaydah was, skeptical about the dirty bomb plot. Instead, he suggested to Padilla and his accomplice that they undertake the apartment building operation that had originally been conceived by the now-dead Mohammed Atef, the former military leader of al Qaeda. KSM suggested that they enter the United States by way of Mexico or by way of Puerto Rico, and that once in the country they locate high-rise apartment buildings that had natural gas supplied to all floors, that they rent two apartments in each building, seal those apartments, turn on the gas, and set timers to detonate and destroy the buildings simultaneously at a later time. This was precisely the mission that Padilla and Jafar had trained for, and now Padilla had a new accomplice.
Khalid Sheikh Mohammed gave Padilla full authority to conduct an operation if he and his partner succeeded in entering the United States. I should note that Khalid Sheikh Mohammed was not himself sure which operation Padilla intended to carry out. By that I mean in Khalid Sheikh Mohammed's mind, it was still possible that Padilla was going to pursue the dirty bomb plot. What KSM knew for sure, however, was that he had authorized this explosives-trained al Qaeda operative to mount an attack in the United States.
Many of the same figures who planned 9/11 are also central to the alleged plot in which Jose Padilla is implicated. Khalid Sheikh Mohamed (KSM)is commonly considered to have been the mastermind for the 9/11 attacks. Ramzi bin al-Shibh was Mohamed Atta's roommate in Hamburg, and was also present at an al-Qaeda summit in Kuala Lumpur where the 9/11 attacks were planned and discussed by the Flt. 77 hijackers while the CIA monitored the meeting in early January 2000.
Mohamed Atef, not to be confused with Atta, is a key figure in the Padilla case. A recently released videotape showed Mohamed Atef present at a later meeting in Afghanistan at which which Osama bin Laden and Ramzi bin al-Shibh discuss plans for the 9/11 attack.
According to reports, after their capture in Pakistan, KSM and Ramzi bin al-Shibh -- the two surviving 9/11 principal conspirators -- were tortured, including the use of waterboarding. Much of what has been related publicly about planning for events leading up to 9/11, was learned from their interrogations, we are told. Before the attacks, both KSM and al-Shibh have been known to western intelligence sources for a long time and the pair were inexplicably able to remain at large inside Pakistan for more than a year afterwards:
Mid-July 2000: Almihdhar Reports to KSM; Claims He and Alhazmi Were Followed to US According to a post-9/11 confession obtained from 9/11 mastermind Khalid Shaikh Mohammed (KSM), al-Qaeda operative Khallad bin Attash persuades hijacker Khalid Almihdhar to return to Afghanistan to meet with KSM. At the meeting, Almihdhar complains about life in the US but says he is confident he will be able to obtain another visa, as he left the US before his first one expired. He also tells Mohammed about the problems he and Nawaf Alhazmi have had enrolling in language schools and says they believe they were monitored when they flew from Bangkok to the US in January 2000 (see January 15, 2000). . . Supposedly, KSM is angry that Almihdhar left the US without permission and wishes to exclude Almihdhar from the mission, but bin Laden himself intervenes and keeps Almihdhar involved. [9/11 Commission, 7/24/2004, pp. 237, 269; US District Court for the Eastern District of Virginia, 7/3/2006, pp. 20-21 ] Doubts have been raised about the reliability of KSM’s confession, as it was obtained using torture (see June 16, 2004). According to author Ron Suskind, at one point interrogators even threaten to hurt KSM’s children, a seven-year-old boy and a nine-year-old girl, unless he provides more information. [Suskind, 2006, pp. 230]
June 16, 2004: 9/11 Commission Gives Account of Prisoner Interrogations The 9/11 Commission releases a new report on how the 9/11 plot developed. Most of their information appears to come from interrogations of prisoners Khalid Shaikh Mohammed (KSM), the 9/11 mastermind, and Ramzi bin al-Shibh, a key member of the al-Qaeda Hamburg cell. In this account, the idea for the attacks appears to have originated with KSM. In mid-1996, he met bin Laden and al-Qaeda leader Mohammed Atef in Afghanistan. He presented several ideas for attacking the US, including a version of the 9/11 plot using ten planes (presumably an update of Operation Bojinka’s second phase plot (see February-Early May1995)). Bin Laden does not commit himself. In 1999, bin Laden approves a scaled-back version of the idea, and provides four operatives to carry it out: Nawaf Alhazmi, Khalid Almihdhar, Khallad bin Attash, and Abu Bara al Taizi. Attash and al Taizi drop out when they fail to get US visas. Alhazmi and Almihdhar prove to be incompetent pilots, but the recruitment of Mohamed Atta and the others in the Hamburg al-Qaeda cell solves that problem. Bin Laden wants the attacks to take place between May and July 2001, but the attacks are ultimately delayed until September. [9/11 Commission, 6/16/2004] However, information such as these accounts resulting from prisoner interrogations is seriously doubted by some experts, because it appears they only began cooperating after being coerced or tortured. For instance, it is said that KSM was "waterboarded" (see September 11, 2002) a technique in which his head is pushed under water until he nearly drowns. Information gained under such duress often is unreliable. Additionally, there is a serious risk that the prisoners might try to intentionally deceive. [New York Times, 6/17/2004] For instance, one CIA report of his interrogations is called, "Khalid Shaikh Mohammed’s Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies." [Los Angeles Times, 6/23/2004] The commission itself expresses worry that KSM could be trying to exaggerate the role of bin Laden in the plot to boost bin Laden’s reputation in the Muslim world. [9/11 Commission, 6/16/2004] Most of what these prisoners have said is uncorroborated from other sources. [New York Times,6/17/2004]
Like the Padilla case, the so-called UK Liquid Bomb Plot, notorious for its complicating air travel this past summer, features a conspiracy involving naive western Muslims who travelled to Pakistan, one or more double-agents who directed their actions, and a post-9/11 plot that involved terrorist devices that most experts determined would never have worked. See, www.dailykos.com/story/2006/8/17/174059/211
Because of the damage to the memories of those who have been tortured during detention as enemy combatants, and Padilla is unlikely to be the only detainee who suffered irrevocable memory loss, we may never learn the full details.
--By Leveymg
