Why Jose Padilla Should Matter to Everyone

[Phaedrus]

"A Life in Limbo"
by Chisun Lee
The Village Voice

He disappeared down the rabbit hole.

A year ago this week Jose Padilla, nabbed while on a visit to Chicago, was taken into military custody and sealed off from the rest of the world. To date, the government continues to deny the Brooklyn native a right all Americans take for granted: to tell his side of the story.

The public was told back then that his banishment was their salvation. Attorney General John Ashcroft, the nation's top law enforcer, revealed in a dramatic announcement via satellite from Moscow, "We have disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive dirty bomb." The day before, June 9, 2002, President George W. Bush had deemed Padilla so grave a threat to national security that he ordered him held incommunicado until the war on terrorism was over.

The administration says it needs absolute authority when so much seems to be at stake. This is typical of presidents in wartime. But in this war the number and origin of the enemy is unknowable, and decisive victory almost impossible to envision. Padilla could be looking at a lifetime in limbo, deprived of rights that Americans consider fundamental. On the anniversary of his spectacular detention, the battle to get Padilla any kind of hearing, or even access to a lawyer, continues. Meanwhile, his case goes largely unnoticed.

Yet a year of developments in other terrorism-related cases has produced more reasons than ever to question whether the chief executive must simply be trusted—seemingly indefinitely, in this new era of war—to know best. While Jose Padilla, a violent ex-con, may not inspire much empathy, his predicament matters to everyone. If he never gets his day in court, it will mean any American could be jailed for life, without the chance to defend himself, on the president's say-so.

Story continued here.

A related item:

"FBU Criticised Over September 11th Detentions"
by George Wright
The Guardian

The FBI's round-up of illegal immigrants in the wake of the September 11 attacks was beset by "significant problems" and resulted in the detention of many people with no connection to terrorism, according to an official report out today.
...
The Department instituted a "hold until cleared" policy that meant the FBI had to give final clearance for the release of any aliens held as part of the investigation.

But the FBI agents responsible for clearance investigations were often assigned other duties, said the report, so detainees remained in custody - many in "extremely restrictive" conditions of confinement - for weeks and months with no clearance investigations being conducted.

Full story here.


Phaedrus

 

[kayaman+]

Phaedrus,

Good post, really scary stuff. Kinda reminds you of the stories about the KGB in the 80's.

 

[Phaedrus]

You want scary? I decided to test the waters with a passing acquaintance this morning, someone who is not familiar with my politics. It went roughly as follows:

"Do you remember Jose Padilla?"

"Is that a baseball player?"

(no guys, I'm not kidding here ...)

"No. Jose Padilla. Remember last year, the guy they arrested in Chicago, American tied to the al-Qaeda, Ashcroft said he was planning a dirty bomb ..."

"OHHHHHH that guy, yeah. Why? Did they catch him yet?"

" ... ... ... um. Yeah. They arrested him last year, and he's been in custody ever since."

"Well, one less fvckin terrorist to worry about."

"... um ... yeah, you know as of now they still haven't actually charged the guy with anything, and the 'dirty bomb' allegations were withdrawn within 4 hours of being made."

"No shit? Then why are they holding him?"

"They say he's a terorist."

"Well yeah, but you can't hold somebody like that for so long. What did they charge him with? Immigration violation or something?"

"He's an American citizen."

"No, you can't hold an American citizen like that. It's against the law."

What bothers me most about the above exchange, aside from the brutal degree of ignorance expressed by my acquaintance, is that in most other instances one wouldnever guess that such a gulf between reality and perception existed within this person -- he is otherwise a fairly bright person.

Americans (and much of the rest of the world) are flying blind, radar off, lights out, and throttle wide open. It's got me wanting to just go to a different place every day, strike up a convesation with a stranger about Jose Padilla, just to see if the above exchange is exemplary of the state of things or not.


Phaedrus

 

[sphincter]

from time online...june 14,2002


An al-Qaeda plot was broken up this week — a well-organized conspiracy involving hardened, well-trained bin Laden operatives taking instructions from the surviving operational core of the organization, with the know-how, experience and the means to kill dozens of unsuspecting Americans. And it was busted through timely cooperation by a number of different intelligence agencies.

That plot, of course, had nothing to do with Jose Padilla, or his notorious alter ego, Abdullah al-Mujahir. It concerned three Saudi Arabian al-Qaeda operatives recently relocated to Morocco, who had planned to use a rubber dinghy packed with explosives to attack U.S. Navy vessels passing through the Strait of Gibraltar. The reason you're probably only faintly aware, if aware at all, of the foiled Morocco plot is that the U.S. media has been dominated this week by a mug-shot of former Chicago gangbanger Padilla, and talk of "dirty bombs."

Padilla entered public life via an announcement from Moscow on Monday, by Attorney General John Ashcroft, that an al-Qaeda operative had been captured at Chicago's O'Hare International Airport, en route to contaminate a U.S. city with a radiological bomb. Within minutes panicky cable news channels were running file footage of mushroom clouds. They then spent much of the next two days atoning via a more sober explanation of dirty-bomb scenarios — and why they're not nearly as scary as they sound.

But as the (not quite radioactive) dust settled on Ashcroft's dramatic announcement, some began asking not only why Mr. Padilla, a U.S. citizen, was being held in a Navy brig as an "enemy combatant," but also why he was dominating America's headlines — and its nightmares. Within hours of Ashcroft's announcement, administration officials were pointing out that Padilla had no radioactive material or any other bomb-making equipment. Nor had he chosen a target, or formulated a plan. And while his connections with al-Qaeda operatives were never in doubt, he suddenly began to look a lot more like the accused shoe-bomber Richard Reid (i.e. another disaffected ex-con from the West desperate to get in with al-Qaeda) than like the sophisticated professionals who put together September 11.

Details, of course, are sketchy, but it appears that Padilla converted to Islam after a prison spell in Florida, and eventually made his way to Afghanistan or Pakistan to make common cause with al-Qaeda. According to the government's account, he approached them with the idea of detonating a "dirty bomb" in a U.S. city, and they obliged by teaching him to wire a bomb. The impression, in the government's own account, is of a former street hoodlum desperate to join a new gang — and being kept at arm's length. An outsider taught to build a bomb (what's not to like, for al-Qaeda, about a U.S. passport holder asking to be taught how to kill his countrymen?) but not necessarily integrated into the organization he was desperate to join. The fact that the authorities arrested Padilla immediately on his arrival in Chicago rather than following him around in the hope that he would reveal al-Qaeda operatives already on U.S. soil says volumes about how little may have known about the organization.

There are plenty of reasons to suspect that al-Qaeda keeps men like Padilla and Reid at arm's length: Ex-convicts from Western prisons are inherently unreliable as recruits, not only because of their dubious past (Bin Laden's men tend to be repressed puritans rather than penitent sinners) but also because they'd be prime candidates for recruitment by Western intelligence agencies. And because Western volunteers are generally converts, al-Qaeda would not have the community and kinship networks available to them in the Arab world to verify the credentials of men like Padilla. That would dictate that while they would be given training and logistical means to harm al-Qaeda's enemies, they would be kept away from information that, in the wrong hands, would harm the network.

Padilla got some instruction in bomb-making, and some cash. And al-Qaeda leaders reportedly discussed with him schemes ranging from "dirty bombs" to blowing up gas stations — discussions which some captive terrorist leaders appear to have shared with U.S. agents. So Padilla flew back to Chicago under U.S. surveillance, and into the waiting arms of the FBI. That was a month ago; the story broke this week because the authorities had to move him out of the criminal justice system and into military detention, for lack of evidence (at least evidence which the government would be willing to reveal to a judge) to support keeping him in prison. By week's end, the nation's focus was on the constitutional and legal challenges posed by denying a U.S. citizen the rights of due process, rather than the threat presented by Padilla's discussions and training. Unkind voices in Washington even drew attention to the fact that the timing of the announcement had helped the administration forestall criticism over the government's handling of intelligence and security matters.

And what has almost certainly been lost in the cacophony of a news week dominated by Jose Padilla, is the recognition that a major blow has been struck against al-Qaeda — in far-off Morocco......end


point taken on mr padilla`s rights....but,excuse me if i`m not losing any sleep over his circumstance....from the tone of your initial post it sounded as though this was some poor innocent shmoe that ashcroft grabbed off the street as a scapegoat or trophy for the war on terrorism...and that any average hard working guy is in danger of being plucked off the streets willy-nilly at the whim of the government...this gentleman`s activities clearly put put him in the government`s cross hairs(and rightly so,imo).....and the article that i posted talked about richard reid as though he were some sort of fumbling,bumbling comic foil that could barely get out of his own way....well,he was on board that plane WITH a shoe bomb that he fully intended to detonate and kill everyone on board....

forgive me for my lack of sympathy....i could give a rat`s ass whether these guys are affiliated with al kaeda,hamas,the simbianese liberation army or lady foot locker...you don`t have to be a card carrying member to be an absolute danger and be capable of terrorist activity....and in the cases of these gentlemen,the intent was clearly there...

i don`t have the time to check these guys out on my own.....and if they plan to harm our country or it`s citizens,i`m quite glad that the powers that be are playing hard ball with them.....

and if you plan on continuing your man on the street interviews i wouldn`t expect the average joe on the street to get all weepy and concerned over the civil rights of these "citizens".....maybe consider taking up a hobby or volunteering at a senior citizen`s home.....it would be a more rewarding and useful utilization of your free time....

phaedrus,i enjoy your posts,but,i think most people are more concerned with keeping the jose aka" abdullah al-mujahr" padilla`s out of of our hair than their due process.....you may disagree....in fact,i`m certain you do......but,i do believe you are in the minority(unless,of course, you are living in one of the 7 beautiful provinces governed by the honorable abel pacheco

)......

don`t get by much any more....enjoyed the discourse....g.l.

[This message was edited by sphincter on June 05, 2003 at 01:22 AM.]

 

[Phaedrus]

sphincter, thank you for the well-reasoned reply. My point is not to drum up sympathy for Jose Padilla, although the man is being held in a manner which is patently illegal save for obscure provisions in USA-PATRIOT. I'd love to know the source on the al-Qaeda contact and training info that Time posted a year ago, given that the Justice Department has not made any such accusations against the man in the intervening time.

Paul Wolfowitz said shortly after Padilla's arreadt that there was no need to actually fear the dirty bomb, that we got him "in the early stages of planning." Given the fact that conspiracy to commit any felony is in and of itself a felony, if a clear felony charge existed against Padilla it should have been filed by now. The fact that the man has been in custody not only without charges being filed against him, but (according to his attorney) no real clear rationale on the part of the DoJ as to what direction they're heading with the investigation and when/if they ever do actually plan to charge him, or if not, what conditions are necessary to qualify him for release (i.e., reveal this information, name that contact, etc.)

Essentially, the man is being held for thinking about terrorism, and not released because he has not receded far enough back into the American consciousness for it to not turn into an embarassment when they do release him.

William Penn, the founder of the state of Pennsylvania, coined a number of quotable quotes in his lifetime. One of my favourites is: "Right is right, no matter how many people are against it, and wrong is wrong, no matter how many people are for it."

An all-powerful law enforcement agency with the ability to make warrantless searches, arrests without evidence, and incarceration for an apparently indefinite period of time without so much as filing a parking violation against the prisoner, is far, far more dangerous to a nation's citizens than any terrorist group could hope to be in it's wildest dreams. It's easy to say, "well that's different, they're fighting terrorism." But this is not true --
witness the endless and fruitless War on Drugs, and then multiply it by a power of magnitude, and you have what has been produced as our "anti-terror effort" -- a massive power grab which is designed to protect no one but the incumbent power, from nothing but responsibility and repercussions for their actions.


Phaedrus

 

[Phaedrus]

It's a great day for Liberty!

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
Court: U.S. citizen isn't ‘enemy combatant’
Appeals court's ruling could shift Jose Padilla's case to civilian courts

ASSOCIATED PRESS

NEW YORK - President Bush does not have power to detain an American citizen seized on U.S. soil as an enemy combatant, a federal appeals court ruled Thursday in a decision that could force a man held in a "dirty bomb" plot to be tried in civilian courts.

In a 2-to-1 ruling, a three-judge panel of the 2nd U.S. Circuit Court of Appeals said the detention of Jose Padilla was not authorized by Congress and that Bush could not designate Padilla as an enemy combatant without the authorization.

Padilla is accused of plotting to detonate a "dirty bomb," which uses conventional explosives to disperse radioactive materials. The former Chicago gang member was arrested in May 2002 and within days was moved to a naval brig in Charleston, S.C.

"As this court sits only a short distance from where the World Trade Center stood, we are as keenly aware as anyone of the threat al-Qaida poses to our country and of the responsibilities the president and law enforcement officials bear for protecting the nation," the court said.

"But presidential authority does not exist in a vacuum, and this case involves not whether those responsibilities should be aggressively pursued, but whether the president is obligated, in the circumstances presented here, to share them with Congress," it added.

The court directed Defense Secretary Donald Rumsfeld to release Padilla from military custody within 30 days, but said the government was free to transfer him to civilian authorities who can bring criminal charges.

If appropriate, Padilla can also be held as a material witness in connection with grand jury proceedings, the court said.

Padilla was arrested in May 2002 at Chicago’s O’Hare airport as he returned from Pakistan. Within days, he was moved to a naval brig in Charleston, S.C.

Only two other people have been designated enemy combatants since the 2001 terrorist attacks: Ali Saleh Kahlah Al-Marri, a citizen of Qatar who has been accused of being an al-Qaida sleeper agent, and Esam Hamdi, a Louisiana native captured during the fighting in Afghanistan.

In its ruling, the court said it was not addressing the detention of any U.S. citizens seized within a combat zone in Afghanistan.
<HR></BLOCKQUOTE>


Phaedrus

 

[lander]

 

[Phaedrus]

Since I'm being ass-raped by the ignorant at another forum who cannot understand why I am so happy to see a "radical Muslim extremist" score a point, Id like to clarify a couple of things:

I have no particular affection for Jose Padilla. As a former gang member he is almost certainly guilty of at least a small number of violent crimes. As an advoacte of and convert to radical Muslim extremism he is a person clearly out of touch with the realities of both Islam and America. As a person who would willingly renounce his citizenship for the sake of an ideology he is a fool. However, and this is the key point of my elation at this turn of events in Padilla's case, if he were the absolute lowest, most despicable human being of all of the nearly 300 million of them in America, he would still be imbued with the essential rights outlined in our Constitution.

Equality is a concept which many people have a hard time understanding. It has been twisted and maligned significantly since the days of the ERA, so it's not something for which I can personally fault these people. However, in case it is unclear, "equal treatment under the law" applies to everyone, all the time, no matter what.

Compare and contrast treatment to date of Jose Padilla with that of Willam Krar.

Padilla:
Not charged with any crime.

Krar:
Charged and pleaded guilty with possession of a chemical weapon and assorted weapons charges.

Padilla:
Held virtually incommunicado for over a year and a half.

Krar:
Was tried expeditiously and currently awaits sentencing.

Padilla:
Made into a media circus freak by unsupported allegations which were almost immediately retracted. Google hits for "Jose Padilla" ... 24,600

Krar:
Basically no one has ever heard of Krar. Google hits for "William J. Krar" ... 101

Padilla:
Found in possession of: nothing.

Krar:
Found in possession of:

sodium cyanide

A device capable of distributing the sodium cyanide, according to the DoJ, in such a manner that "could have killed anyone within a 30,000 square foot facility."

hydrochloric acid

nitric acid

acetic acid

More than 100 explosives including functional pipe bombs, briefcase bombs, land mine components, detonation cord, and tripwires

machine guns and other illegal weapons, and hundreds of thousands of rounds of ammunition

various anti-Semitic and anti-government militia documents including Oklahoma City bomber Timothy McVeigh’s favorite books, Hunter and The Turner Diaries, authored by the late American neo-Nazi leader, Dr William Pierce.

Padilla:
Is a radical Muslim extremist.

Krar:
Is some white redneck from Texas.

You see, what I am looking for is equal treatment under the law, not a federal government which makes a boogieman out of a given demograph then attempts to terrorise its own citizens with tales of how those boogiemen are going to get us.


Phaedrus

 

[GrandSlam+]

There's a lot of stories circulating saying Padilla is John Doe #2 in the Oklahoma City bombing. His photo certainly matches the sketch made back then.

I doubt it is true, but there is still no excuse calling him an 'enemy combatant'. If he is an american terrorist, the US deserves the chance to try him for his crimes, just like we did with McVeigh.

 

[Igetp2s]

Hopefully he'll be out in a few weeks so that he can plan to finish what he set out to do.

 

[lander]

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Igetp2s:
Hopefully he'll be out in a few weeks so that he can plan to finish what he set out to do.<HR></BLOCKQUOTE>

Experience basic human rights?
For the sake of democracy I'd certainly hope so.

 

[xpanda]

If I'm to understand the situation correctly, the Military has 30 days to release him, or hand him over to civilian authorities where he can be formally charged. If they truly do suspect him of something, and can present probable cause, he'll be charged.

 

[Igetp2s]

To sum up Landers' position:

Americans should put their lives in jeopardy "for the sake of democracy," but not Iraqis. Makes sense to me.

 

[lander]

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Igetp2s:
To sum up Landers' position:

Americans should put their lives in jeopardy "for the sake of democracy," but not Iraqis. Makes sense to me.<HR></BLOCKQUOTE>

Why do you feel that our "lives are in jeopardy?" Because he's muslim?

I feel that NRA members are putting us in jeopardy because the have guns and might someday decide to use them against me. Should they be indefinately detained also?

To sum up IgetPMSs postition - if they are muslim then we should deprive them of liberties "just in case".

 

[Igetp2s]

"Why do you feel that our "lives are in jeopardy?" Because he's muslim?"

You dont think lives are in jeopardy if he has in fact guilty of what he's being accused? let me guessm, he was in Afghanistan for sightseeing.

The NRA analogy is ridiculous as always. Padilla is not accused of maybe doing something, he is accused of something illegal he has already done.

"To sum up IgetPMSs postition - if they are muslim then we should deprive them of liberties "just in case"."

Of course, thats not anything close to what I said, but arguing using facts and logic isn't your strong point so I'll let it go.

I'll ask the quesion again, maybe you'll actually answer it instead of avoiding it and doing an end around.

DO IRAQIS DESERVE FREEDOM, EVEN WITH CASUALTIES?

 

[lander]

Originally posted by Igetp2s:
"Why do you feel that our "lives are in jeopardy?" Because he's muslim?"

You dont think lives are in jeopardy if he has in fact guilty of what he's being accused? let me guessm, he was in Afghanistan for sightseeing."
Are you suggesting that our judicial system of "innocent until proven guilty" is subjective based on whom is accused?

The NRA analogy is ridiculous as always. Padilla is not accused of maybe doing something, he is accused of something illegal he has already done.
How do you know what he's accused of if no charges have been pressed? Are you guessing? psychic? or just talking out of your ass?

"To sum up IgetPMSs postition - if they are muslim then we should deprive them of liberties "just in case"."

Of course, thats not anything close to what I said, but arguing using facts and logic isn't your strong point so I'll let it go.
Well, you're arguments made no sense. You say we have to kill for democracy, yet we also need to deprive our own citizens of such. You ramble on and on, but rarely derive at anything remotely sensible.

I'll ask the quesion again, maybe you'll actually answer it instead of avoiding it and doing an end around.

DO IRAQIS DESERVE FREEDOM, EVEN WITH CASUALTIES?
If Iraqi's are free, as you suggest, then they should be "free" to chose their own government and not be occupied, right?

Now, since I answered all your senseless questions - answer me this. If indeed this war was about "liberation" (even though Bush first said it was bout WMD and security as he supported with fabricated evidence) don't you thing that it would be irresponsible to take troops away from the Afghan regioin where Bin Laden is likely still hiding and plotting the deaths of thousands more Americans? What if we were attacked with a devistating act of terror again at the hands of Bin Laden while Dumbya was out "liberating Iraq"? Do you think people might ask "why the fuk did you take troops away from the hunt for Bin Laden?"

Oh, bet you didn't think that far ahead, if indeed you think at all.

 

[Phaedrus]

Igetp2s

Maybe you haven't followed the story, but my whole point at being elated at this vindication of Padilla is based in the fact that in over 18 months of federal custody, he has been accused of nothing. The only allegations ever made about him, regarding the so-called "dirty bomb" plot, were retracted by DDS Wolfowitz less than 24 hours after AG Ashcroft made them. IN over a year and a half, neither the DoJ nor the Pentagon has produced any sort of evidence, made any official statement as to what they were doing, or filed any formal charges against Padilla.

How in the flaming fvck can you see the federal government doing this, and not have a problem with it? Do you think those "drug-crazed psychos" at Waco had it coming? Do you consider the GUlf of Tonkin Incident as being representative of President Johnson "doing what was neccessary to fight communism?" Was the interrment of Japanese-Americans during and after WWII a solid security strategy in your opinion? Just trying to get a feel for how much of a statist ass-kisser you really are ...


Phaedrus

 

[MoDigitz]

The guy is an AMERICAN CITIZEN. Anyone who tries to justify what the gov't did to him is setting a dangerous standard. He deserves the right to council and the American judicial system. No question about it.

 

[Igetp2s]

"I'll ask the quesion again, maybe you'll actually answer it instead of avoiding it and doing an end around.

DO IRAQIS DESERVE FREEDOM, EVEN WITH CASUALTIES?
If Iraqi's are free, as you suggest, then they should be "free" to chose their own government and not be occupied, right?"

Is there a reason you can't answer the god-damn question with a simple yes or no. I didn't ask if Iraqis are free or not. I asked if Iraqis deserve freedom even if they have to absorb casualties.

Why are you afraid answer with a simple yes or no.

"Now, since I answered all your senseless questions - answer me this."

Actually you havent answered any of them.

"If indeed this war was about "liberation" (even though Bush first said it was bout WMD and security as he supported with fabricated evidence) don't you thing that it would be irresponsible to take troops away from the Afghan regioin where Bin Laden is likely still hiding and plotting the deaths of thousands more Americans? What if we were attacked with a devistating act of terror again at the hands of Bin Laden while Dumbya was out "liberating Iraq"? Do you think people might ask "why the fuk did you take troops away from the hunt for Bin Laden?"

I never said this war was primarily about liberation, but it is an extremely significant byproduct. I am challenging you in your statement in another thread that thousands of Iraqis needlessly died. I believe your "concern" for Iraqis to be a complete sham and exposes you for the fraud that you are.

"How do you know what he's accused of if no charges have been pressed? Are you guessing? psychic? or just talking out of your ass?"

I am saying what he is accused of based on the Time article as well as other media sources, the same place where you get your information. In fact, how do you know Padilla is even being held. How do you know Padilla even exists?

 

[Igetp2s]

By the way, I personally don't agree with the way Padilla has been denied his rights. It is just not as clear cut as some people here believe, but he should be tried in court.