Jose Padilla—Conspiracy Charges

As we mentioned earlier, Jose Padilla has finally been indicted on federal criminal charges after having spent more than three years in a military brig.^[1] He is now formally accused of conspiring to “murder, kidnap and maim” people overseas.^[2] Four other people have also been charged.^[3] Notably absent from these charges are any allegations that Mr. Padilla intended to carry out attacks in the United States.^[4]

According to Attorney General Alberto Gonzales, “[t]he indictment alleges that Padilla traveled overseas to train as a terrorist with the intention of fighting a violent jihad.”^[5] He “declined to comment on why none of the allegations involving attacks in America were included in the indictment.”^[6] Mr. Padilla is expected to go on trial in September of 2006.^[7]

With this indictment, Mr. Padilla’s petition for a writ of certiorari to the Supreme Court likely becomes moot. Because Mr. Padilla’s recent court battles have been an attempt to have formal charges brought against him, there would be no reason for the Supreme Court to involve itself in the case. In many ways, this is unfortunate, and there is wide speculation that the government desperately wants to avoid having the Supreme Court make a ruling on the issue.^[8]

According to the indictment,^[9] Mr. Padilla was recruited into a North American cell “that sent money, physical assets, and Mujahideen recruits to overseas for the purpose of fighting violent jihad,”^[10] and he traveled overseas for that purpose.^[11] The conspiracy began no later than October of 1993.^[12]

Mr. Padilla is being charged under 18 U.S.C. §§ 371, 956(a)(1), and 2339A.

Conspiracy
We have previously discussed conspiracy here.

Conspiracy to Kill, Kidnap, Maim or Injure Persons In a Foreign Country
Under 18 U.S.C. § 956(a)(1), it is a crime for a person to be in the jurisdiction of the United States, and conspire with one or more persons—regardless of where those other people are located—to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed inside the special maritime and territorial jurisdiction of the United States. The punishment for a violation of section 956(a)(1) is up to life in prison.^[13]

Providing Material Support to Terrorists
Under 18 U.S.C. § 2339A(a), it is a crime for a person to provide material support or resources for a terrorist acts. The punishment for such support is a fine, up to 15 years in prison, or both. If death results from such support, the person can be punished with up to life in prison.

---

[1] Mark Sherman, Dirty Bomb Suspect Jose Padilla Indicted, Associated Press, Nov. 22. 2005, available here. Mr. Sherman continues the frustrating tendency to label Mr. Padilla a “dirty bomber.” The government has acknowledged that while Mr. Padilla may have researched such plans while in Pakistan, when he returned to the United States, that was not his plan. See our posting explaining this here. Furthermore, as will be outlined above, the charges that Mr. Padilla faces do not even allege any planned attacks to be carried out in the United States.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] US v. Hassoun, No. 04-60001-CR (S.D. Fl. 2005).
[10] Id. at 3.
[11] Id. at 4.
[12] Id. at 5.
[13] 18 U.S.C. § 956(a)(2)(A).