Jury convicts Padilla

Several years ago, then-Attorney General John Ashcroft announced that Jose Padilla, an American citizen, was apprehended “exploring a plan to build and explode a radiological dispersion device, or ‘dirty bomb,’ in the United States.” That turned out to be false; there was no such plan.

Shortly thereafter, the Bush administration said Padilla was involved with a terrorist plot to blow up apartments. That was false as well; no such plot existed.

From there, the administration said Padilla was actually involved in some kind of terrorist conspiracy to commit jihad in Bosnia and Chechnya. And after three and a half years of detention, abuse, and torture, Padilla stood trial on these charges in Miami. Today, a jury convicted him.

The jury in the Jose Padilla terror trial has convicted the American on charges of conspiracy to support Islamic terrorism overseas. The verdict came after less than two days of deliberations, according to a U.S. District Court official. Padilla and two co-defendants were convicted on all counts.

Padilla pleaded not guilty. At his trial, defense attorneys argued Padilla went overseas only to study Islam.

During the trial, prosecutors played more than 70 intercepted phone calls among the defendants for jurors, including seven that featured Padilla, 36. He is a Brooklyn-born convert to Islam originally arrested as a suspect in a “dirty bomb” plot.

Padilla’s attorneys, who did not offer a defense, argued that their client traveled to the Middle East, but was working on providing aid to persecuted Muslims in war zones. Prosecutors insisted that Padilla’s interests were not humanitarian. “He provided himself to al-Qaida for training to learn to murder, kidnap and maim,” said Assistant U.S. Attorney Brian Frazier in closing arguments.

The jury, which was not aware of Padilla’s torture, was obviously persuaded by the prosecution and deliberated very quickly.

It’s worth remembering, though, that this case has not exactly inspired confidence in the criminal justice system as it relates to Americans accused of terrorism.

Slate’s Dahlia Lithwick explained earlier this year that Padilla was kept for 1,307 days in a 9-foot-by-7-foot cell in a Navy brig in South Carolina, “where he says he was, among other things, deprived of sleep, light, sight, sound, shackled in stress positions, injected with ‘truth serum,’ and isolated for extended stretches of time.” This, not surprisingly, drove him mad, though prosecutors said he was faking mental illness. (Jack Balkin said a while back, “You can’t believe Padilla when he says we tortured him because he’s crazy from all the things we did to him.”)

Lithwick added:

So, what happened to Padilla in those many months of quasi-abusive solitary confinement is legally relevant only if the court determines that he is, right now, too damaged to understand the charges against him or aid in his defense. And not surprisingly, it has come down to a battle of the experts. As of today, two defense experts have testified that Padilla suffers from shattering post-traumatic stress disorder, facial tics, and Stockholm syndrome, which has him protecting the government and fearing his own attorneys. (He has been described by some prison staff as behaving like “a piece of furniture.”)

The prosecution’s expert, on the other hand, vows that Padilla’s mental health problems are relatively minor and in no way impede his ability to stand trial. (So far my very favorite line from the various psychological evaluations of Padilla is this unironic note: “He does believe that he is being persecuted by the government, and he does demonstrate some paranoia about the government, but this does not appear to be delusional.”) The prosecution’s other claims range from laughable to horrifying: Padilla is alternately “malingering,” faking so he doesn’t have to stand trial; or his mental illness is a result of his own history of drug abuse; or he is clearly capable of assisting his lawyers, because he managed to tell them he’d been abused in confinement. Most unnervingly, they assert that the abuse he suffered — which they can’t quite bring themselves to deny — is “irrelevant to the criminal case against him.” […]

This abuse has been futile — aimed at the wrong man and carried out for years. It has tainted the entire Padilla trial and degraded those who did the abusing. It has alienated our former allies and undermined basic principles of humane conduct. And yet the government now claims it is “irrelevant.”

Prosecutors got their conviction, and the jury was persuaded by what they heard. But in this case, no one won and everyone lost.

Keep in mind there’s still the appellate process, so this mess isn’t going away any time soon.

  • I’m guessing this gets overturned on appeal; the whole thing has been a mess from beginning to end.

  • It’ll get appealed, yes, but I have serious doubts about the eventual SCOTUS decision. Alito is a dyed in the wool “the government is right” judge.

    And if Alito and Roberts can convince Kennedy that this case really isn’t a travesty, but an important part of the war on terror, then it’s codified.

  • Was it ever established that “there was no such plan” to blow up a dirty bomb, or to bomb apartments?

  • If there is one thing we should take away from this is that if you make any type of comments in your ‘private’ communications, you will suffer the all the horrible wrath once reserved for other, more dubious, countries.

    Maybe Padilla was bad, maybe he was crazy, or maybe he was just disgruntled, but this whole saga is so fucken scary, big brother is watching, and big brother will take you if he doesn’t like what you are saying and fuck your world up.

    Maybe with any luck, Padilla will get to spend the rest of his days in some sort of peace wherever they send him, no one on the planet deserves what we did to this young man.

    This is the first day in my life that I feel truly ashamed to be an American.

  • “This is the first day in my life that I feel truly ashamed to be an American.”

    where have you been for the last six years?

  • Two thoughts.

    First, this proves that the US court system is a reasonable venue for terroism cases as opposed to secret military tribunals. Like the verdict or not these three ultimately got a trial by jury. If the trial was not held in Miami but say San Francisco or Boston would the jury have convicted?

    Second, I’m no lawyer but if the court found Padilla competent to stand trial the jury had no recourse to clear Padilla based upon his treatment at the hands of sadists and zealots. What needs to be done is to clear up the bushit surrounding this illegal torture and imprisonment. If and when that cancer is cured the Padilla case might be overturned based upon the illegality of the treatment.

    Padilla may be guilty and the fact that the government’s stupidity in his detention and treatment might result in him getting released is what we should all be angry about.

  • @7 just bill said:
    “This is the first day in my life that I feel truly ashamed to be an American.”

    I wonder what comics you have been reading al these years.
    I, for one, have been disgusted and ashamed every day since bushco stole the 2000 prez election.
    I was ashamed of amerika when it voted in the repugnant newt’s revolution & with the clinton regime when it capitulated to the fascists on virtually every plan they proposed to dismantle viable US institutions.
    I hate what happened in the 1980’s under the reeking reign, from the hit job on the air traffic controllers on to waging illegal & immoral war against tiny nicaragua, not to mention the sale/gift of anti-civilian weapons to iraq as well as iran. They of course, did other despicable things on an almost daily basis..
    And don’t get me going on the noxious nixon gang of felons, many of whom have been given well paying lordships under bush.

    The misogynistic treatment of cuba is an ongoing disgrace for almost half a century.
    I wasn’t around for any earlier amerikan atrocities but many are well documented.
    There is little to be proud of (Peace Corps), social security) and much t be ashamed of (endless war, poverty, murdoch, cheney, racial bigotry, hospitals dumping patients on the street when they run out of $, etc., etc., etc., etc., etc., etc., ad nauseum)

    In fact, next time someone accuses me of hating amerika, I might just agree & start rattling off the reasons why!

    For the freeprs, I have a question?
    WTF is so great about amerika that you think I should love it?
    List your illusions freepr- they’ll be good for a laugh.

  • Why should one be ashamed about today?

    I am strongly opposed to the Administration’s claim that they can lock up any American they want simply by accusing him or her of being a terrorist.

    But let’s face it, there are real terrorists out there, they really do want to kill civilians, and they are taking steps to do so. We should be glad that we caught someone who was trying to do that, and that this person, after a public trial, will be sentenced to life in prison.

  • Jose Padilla is an American citizen who was stripped of his constitutional rights and systematically tortured by his own government. If it can happen to Jose Padilla, it can happen to me.

  • olo….i wasn’t the one who made the comment. see #6 above, then read my comment a bit more carefully. thanks

  • “We should be glad that we caught someone who was trying to do that, and that this person, after a public trial, will be sentenced to life in prison.”

    that’s the way it should work, but that’s not what happened in this case. that’s the reason for being ashamed.

  • “The jury, which was not aware of Padilla’s torture,…

    I’m sorry, but why the hell weren’t they aware of Padilla’s torture?

    Wouldn’t that, I don’t know, suggest that the government’s case was a tad bit suspect?

    Geesh.

  • This whole thing absolutely sickens me. I could’t even read what they had done to this man.

  • I’m sorry, but why the hell weren’t they aware of Padilla’s torture?

    Trial judge found that it would be prejudicial to the gov’ts case, or irrelevant to the defense’s.

  • Which part didn’t happen? Padilla was caught, he did receive a public trial, and he will be imprisoned.

    I am ashamed about the fact that Padilla was held incommunicado as a so-called enemy combatant and that he was apparently tortured by my government. That is a disgrace to the United States of America.

    But unless he was convicted based on evidence gained through that torture (and I don’t believe any such evidence was used against him, though I may be wrong), that really doesn’t have anything to do with what happened today.

    Similar to Nelly Bly (4:26 pm), I believe the real issue in the whole Padilla mess is not Padilla, but the rest of us. If Padilla can be imprisoned without charge and without recourse to the courts, then so can the rest of us. And that is intolerable, in my view.

    But let’s not let our disgust at the Administration’s behavior cloud our vision of the fact that Padilla, as found by the jury, did in fact engage in a conspiracy to support terrorism, and that convicting and imprisoning actual terrorists is a good thing.

  • The above was supposed to be a response to just bill’s post at 4:36pm. So much for the blockquote cite= thing.

  • yea, i think…So what ….“Trial judge found that it would be prejudicial to the gov’ts case”, ….was a bad ruling.

    These people don’t care. Why should they. There are no consequences for a cop/prosecutor/judge who messes up.
    The majority of police/prosecution/judicial abuses are tossed into the “harmless error” sinkhole. by the appellate divisions where the cases die. …High profile cases go to roberts, scalito & co where they will likely allow this case to disappear into a harmless/exigent/good faith rathole.
    But even if by some odd twist of fate – the government case is to be revealed and rejected, the damage to padilla & the US Const. has been done. The revelation may be big news on page 21, below the fold,… but no preznit/soldier/cop/prosecutor/judge will be held accountable.

    Padilla is one of the more visible defendants to be abused by a rogue system, and, even though most prisoners are not tortured for 3+ years before seeing a jury, constitutional abuse happens every day in every county in amerika..Very occasionally, one is exposed, like the case of the murderous ramparts pigs in LA or the diallo killer cops in NY. I’m not positive, but i don’t believe anyone was held accountable for these atrocities. The murderous ramparts cops were convicted of various crimes, but some bleeding-heart librul judge freed them. As often as not official miscreants are given a paid vacation while the public forgets about the cases. Then they just walk off with a nifty pension,.. of bush will let you off if you’re a pal.

    ..and the war goes on.

    When the music’s over
    Turn out the lights
    Jim Morrison

  • Since when is it a crime under US law to conspire to commit terrorism overseas? Wouldn’t that be a matter for the jurisdiction in which any violent acts took place? Or is the US bound by treaty to apprehend suspects who plan to commit crimes outside of its territory?

    I assume there’s a legal foundation for it, but it’s obscure to me.

  • Where did they find a jury ignorant of Padilla’s historyof torture? In an Alzheimer ward of some hospital?

  • Now what did Padilla do that warranted all that torture….what did he DO again…flew to the ME to study Islam…and then? Sneak weapons, have plans drawn, call in air strikes…What did he do. Best I can tell he had conversations with suspected terrorists yet nothing in those conversations had to do with terrorist plots…so…he went through all that because he talked to the wrong people and his fingerprints were on a survey form used by terrorists?…and was tortured for years for that before being put on trial. If anyone feels safer from that then your sick.
    Sure sounds like a propaganda rail job to me and with this governments unnecessary secrecy and torture techniques why would I believe a word they say. All the governments activities are clouded in secrecy and suspicion and now we are to believe justice is served.

    The “dirty bomb” comments were lies made up to spread fear and panic and to justify secret activities which a legitimate government would never condone. May all those involved with the torture of this man have his anguish burned into every aspect of their being so they know there are unseen consequences in being a part of this shame.

  • Seriously…is it so that just to LEARN to kill and maim is a jailable offense? So, all the karate schools, gun clubs, shooting ranges (with cutouts of people to shoot at), etc. anyone using those can be arrested?
    Or how about graduates of the “School of America” where our goverment teaches assasination, etc.?
    Has it come to this? Really?

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