Америкалық террорист түрмеде отырғандығы туралы

American terrorist incarcerated in a US federal prison

José Padilla (born October 18, 1970), also known as Abdullah al Muhajir (/audio=En us Abdullah Al Muhajir from U. S. pronunciation (Voice of America). ogg//ɑː//b/'/d//ʌ//l//ə// //ɑː//l// //m//ʊ/'/h//ɑː//dʒ//ɪər/ ahbDULə ahl mooHAHjeer) or Muhajir Abdullah, is a United States citizen who was convicted in a federal court of aiding terrorists. Padilla was arrested in Chicago on May 8, 2002, on suspicion of plotting a radiological bomb ("dirty bomb") attack. He was detained as a material witness until June 9, 2002, when President George W. Bush designated him an enemy combatant and, arguing that he was not entitled to trial in civilian courts, had him transferred to a military prison in South Carolina. Padilla was held for three and a half years as an enemy combatant. Upon pressure and lawsuits from civil liberties groups, he was transferred to a civilian jail in 2006. In August 2007, a federal jury found him guilty of conspiring to commit murder and fund terrorism. Government officials had earlier claimed Padilla was suspected of planning to build and explode a "dirty bomb" in the United States, but he was never charged with this crime. He was initially sentenced to 17 years in prison, which was increased on appeal to 21 years. His lawsuits against the military for allegedly torturing him were rejected by the courts for lack of merit and jurisdictional issues.

José Padilla was born in Brooklyn, New York, to Estella Obregón and her husband, both of Puerto Rican descent. The family later moved to Chicago, Illinois. As a youth, Padilla joined the Latin Kings street gang and was arrested several times. During his gang years, he maintained several aliases, such as José Rivera, José Alicea, José Hernandez, and José Ortiz. As a 14 year old juvenile, he was convicted of aggravated assault and manslaughter after a gang member, whom he had kicked in the head, died. After serving his last jail sentence, Padilla converted to Islam after his marriage to a Muslim woman and moved to the Middle East. One of his early religious instructors was an Islamic teacher who professed a nonviolent philosophy and Padilla appeared at the time to be faithful to his mentor's teachings. While living in Fort Lauderdale, Florida, Padilla attended the Masjid Al Iman mosque, as did Adham Amin Hassoun, "for most of the 1990s and [they] were reportedly friends." U. S. authorities accused Hassoun of associating with radical Islamic fundamentalists, including Al Qaeda. Hassoun, a Lebanese born Palestinian, was arrested in 2002 for overstaying his visa By that time, Hassoun had already been charged with perjury, a weapons offense, and other offenses.

Broward County, Florida court records show that on July 1, 1994, Padilla changed his name to one word: "Ibrahim". He was married under that name to Cherie Maria Stultz on January 2, 1996. They divorced in March 2001, according to court records. In January 2001, she had placed an ad in a local business newspaper, serving notice that she was seeking divorce. Their divorce papers identify him as Jose Ibrahim Padilla.

According to press reports in 2002, Padilla had been in the Afghanistan–Pakistan region in 2001 and early 2002. At the time, the Defense Department said that Abu Zubaydah, then believed to be a top al Qaeda official, had led the US to Padilla. Padilla was alleged to have been trained in the construction and employment of radiologic weapons – "dirty bombs" – at an al Qaeda safe house in Lahore, Pakistan. Padilla and Binyam Mohammed, a United Kingdom resident, were alleged to have been recruited at the Lahore safe house to travel to the United States to launch terrorist attacks. However, more recent evidence suggests that the "dirty bomb" plot was likely a ruse to get out of Pakistan and based on an internet joke website purporting to describe how to build an H bomb by swinging buckets of uranium as fast as possible. A 2003 CIA memo notes that the satirical article "is filled with countless technical inaccuracies which would likely result in the death of anyone attempting to follow the instructions, and definitely would not result in a nuclear explosion".

On February 20, 2004, the Supreme Court agreed to hear the government's appeal. The Supreme Court heard the case, Rumsfeld v. Padilla, in April 2004, but on June 28, 2004, the court dismissed the petition on technical grounds because
It was improperly filed in federal court in New York instead of South Carolina, where Padilla was being detained. The Court held that the petition was incorrect in naming the secretary of defense as the respondent for habeas corpus purposes instead of the commanding officer of the naval brig who was Padilla's direct custodian.

The case was re filed in the U. S. District Court for the District of South Carolina, and on February 28, 2005, the court ordered that the government either charge or release Padilla. On June 13, 2005, the Supreme Court denied the government's petition to have his case heard directly by the court, instead of the appeal being first heard by the U. S. Court of Appeals for the Fourth Circuit in Richmond, Virginia. On September 9, 2005, a three judge panel of the Fourth Circuit ruled that President Bush had the authority to detain Padilla without charges. Padilla's lawyer correlated the indictment's timing as avoidance of an impending Supreme Court hearing on the Padilla case: "The administration is seeking to avoid a Supreme Court showdown over the issue." None of the original allegations made by the U. S. government three years prior, which had contributed to Padilla's being held the majority of the time in solitary confinement, was part of the indictment, nor was there any charge related to incidents within the United States. Democracy Now! further asserted:Attorney General Alberto Gonzales announced Padilla is being removed from military custody and charged with a series of crimes" and "There is no mention in the indictment of Padilla's alleged plot to use a dirty bomb in the United States. There is also no mention that Padilla ever planned to stage any attacks inside the country. And there is no direct mention of Al Qaeda. Instead the indictment lays out a case involving five men who helped raise money and recruit volunteers in the 1990s to go overseas to countries including Chechnya, Bosnia, Somalia and Kosovo. Padilla, in fact, appears to play a minor role in the conspiracy. He is accused of going to a jihad training camp in Afghanistan but his lawyers said the indictment offers no evidence he ever engaged in terrorist activity. Padilla was held for years in military custody with no formal charges. Critics said such a process would allow the U. S. government to detain citizens indefinitely without presenting the case that would eventually be tried. On December 21, 2005, the U. S. Court of Appeals for the Fourth Circuit refused to authorize a transfer from the Navy brig to civil court. The court suggested that the administration was manipulating the federal court system with "intentional mooting" in order to avoid Supreme Court review. It said that the "shifting tactics in the case threatens [the government's] credibility with the courts." This took place one day after Padilla's lawyers filed a petition charging the president with overstepping his authority. On January 3, 2006, the U. S. Supreme Court granted a Bush administration request to transfer Padilla from military to civilian custody.

Padilla was indicted on three criminal counts in the Miami, Florida, criminal proceeding. He pleaded not guilty to all charges. The trial commenced on May 15, 2007, and lasted for 3 months.

Two weeks after the presiding judge claimed prosecutors were "light on facts" in their conspiracy allegations, the government dismissed one of its three charges against Padilla and dismissed another in part. The count of conspiracy to murder (punishable by life imprisonment) was dismissed on August 16, 2006, on the grounds that it was duplicative of the other two counts pending against him. The second count was conspiracy to materially aid terrorists under (punishable by five years in prison) and the third was Providing material support to terrorists (punishable by 15 years in prison). The trial court ordered that the government elect a single criminal statute in its second count of the indictment. However, on January 30, 2007, the Court of Appeals for the 11th Circuit reversed the ruling and reinstated a charge of conspiracy to "murder, kidnap, and maim."

Two additional motions filed in October 2006 argued that the case should be dismissed because the government took too much time between arresting Padilla and charging him, violating Padilla's constitutional right to a speedy trial as the arrest took place prior to his detention as an enemy combatant and not when he was transferred to civilian custody.

In January 2007, a mental competency hearing was scheduled for Padilla for February 22, 2007. Two mental health experts hired by the defense to conduct a competency evaluation concluded Padilla was not mentally fit for trial; a third evaluation submitted by the Bureau of Prisons found him mentally competent. The judge ordered that Sandy Seymour, technical director of the Charleston brig; Craig Noble, brig psychologist; Andrew Cruz, brig social worker; four employees of the Miami federal detention center; and a Defense Department lawyer appear at the hearing. On February 22, 2007, at the competency hearing, Dr. Angela Hegarty, a psychiatrist hired by Padilla's defense, said that after 22 hours of examining Padilla, she believed that he was mentally unfit to stand trial. She said he exhibited "a facial tic, problems with social contact, lack of concentration and a form of Stockholm syndrome." and told the court, "It's my opinion that he lacks the capacity to assist counsel. He has a great deal of difficulty talking about the current case before him." His two co defendants received sentences of 15 years, eight months, and 12 years and 8 months.

As of February 28, 2008, Padilla had appealed his conviction and sentence and the government had cross appealed. The Wall Street Journal said in an editorial, "the lawyers suing for Padilla aren't interested in justice. They're practicing 'lawfare', which is an effort to undermine the war on terror by making U. S. officials afraid to pursue it for fear of personal liability." In January 2012, the Fourth Circuit Court of Appeals upheld a lower court decision and his case has been ruled on numerous times.

On September 19, 2011, a three judge panel of the 11th U. S. Circuit Court of Appeals threw out the 17 year prison sentence imposed on Padilla, ruling that the sentence was too lenient. They sent the case back to the lower court for a new sentencing hearing. The Court said, "Padilla's sentence of 12 years below the low end of the [sentencing] guidelines range reflects a clear error of judgment about the sentencing of this career offender." On September 9, 2014, the district court sentenced Padilla to 21 years. Padilla is serving his sentence at ADX Florence prison in Florence, Colorado. Padilla's prisoner number is ; he is projected to be released in 2026.

On January 4, 2008, Padilla and his mother filed suit against John Yoo in the U. S. District Court, Northern District of California (Case Number CV08 0035). The complaint sought damages based on the alleged torture of Padilla, and attributed this treatment as having been authorized by Yoo's legal opinions issued in August 2002, known as the "Torture memos". The suit posited that Yoo caused Padilla's damages by authorizing Padilla's alleged torture through his memoranda. On June 28, 2009, the trial court held that the complaint should not be dismissed for failure to state a claim, because if everything stated in the complaint was taken as true, it stated grounds for Yoo to be liable to Padilla for civil damages. But on February 17, 2011, the District Court dismissed another suit by Padilla against other former officials which had been brought on February 9, 2007. Lebron v. Rumsfeld, 764 F. Supp.2d 787 (D. S. C.). On January 23, 2012, the U. S. Court of Appeals for the Fourth Circuit affirmed this dismissal. In May 2012, the U. S. 9th Circuit Court of Appeals ruled that Yoo could not be held accountable for Padilla's treatment because, though his treatment might have amounted to torture, it was not defined as such legally in 2002–2003 when it occurred.

According to his attorney and others, Padilla has changed the pronunciation of his surname from the typical /p//ə/'/d//iː//j//ə/ pəDEEyə to /p//ə/'/d//ɪ//l//ə/ pəDILə. Padilla's Arabic name Abdullah al Muhajir, which he began using during his jail sentence, literally means "Abdullah the migrant". "Al Muhajir" is a laqab (epithet) rather than an adopted family name. Padilla is not related to or known to be connected in any way to Abu Hamza al Muhajir.