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In the Courts

Jose Padilla, U.S. Citizen

José Padilla, a Brooklyn-born U.S. citizen, was arrested by civilian authorities on May 8, 2002, at Chicago's O'Hare airport. He was originally held as a material witness in New York in connection with the government's ongoing investigation into threats of terrorism. In June 2002, the president designated Padilla an "enemy combatant," and ordered him transferred from civilian detention in New York to a military brig in South Carolina. He remained there for more than three years without charge or trial, and with limited access to an attorney. On December 18, 2003, the U.S. Court of Appeals for the Second Circuit held that the executive branch does not have the constitutional or statutory authority to indefinitely detain U.S. citizens seized on American soil. The Court held that Defense Secretary Donald Rumsfeld had to release Padilla from military custody within 30 days. Rather than release Padilla, the government appealed the case to the Supreme Court. On June 28, 2004, the Supreme Court ruled on narrow technical grounds that the case of Jose Padilla should be heard in a federal court in South Carolina, rather than by a federal court in New York. The Court ruled that Padilla improperly named Secretary of Defense Donald Rumsfeld as the Respondent, instead of the warden of the military brig where Padilla is held. During the same month, the Supreme Court also ruled in Hamdi v. Rumsfeld that a U.S. citizen captured in Afghanistan and labeled an “enemy combatant” could not be held indefinitely at a U.S. military prison without the assistance of a lawyer, and without an opportunity to contest the allegations against him before a neutral arbiter. Despite Hamdi, the Justice Department continued to restrict Padilla’s communications with his lawyers, and opposed his efforts to expedite consideration of his petition for review. In February 2005, the federal district court in South Carolina held that the Government could not hold Padilla indefinitely without access to a court, and must charge or release him. But in September 2005 the U.S. Court of Appeals for the Fourth Circuit overturned the district court, ruling that Congress had authorized his detention.

On November 22, 2005, after holding Padilla for more than three years without due process, the federal government indicted him on charges of conspiring to kidnap, murder, and injure people abroad. No charges were made relating to terrorist plots within the United States.

In light of the criminal charges against Padilla and his transfer to civilian custody the Supreme Court issued an order on April 3, 2006, declining to hear his appeal. The Court made clear, however, that it could take action in the future if the U.S. Government transferred him back to military custody.

Jose Padilla’s trial began on May 14, 2007 before a jury in federal district court in Miami, Florida. Prosecutors pointed to two key pieces of evidence in its case. The first was a "Mujahideen Data Form," or an alleged al-Qaeda training camp application containing Padilla’s personal information and his fingerprints. The prosecution’s case also relied on FBI records of intercepted phone calls between Padilla and his co-defendants, Kifah Wael Jayyousi and Adham Amin Hassoun. After retrieving thousands of hours of tape, Padilla’s voice could be heard on only seven of the calls, none of which referenced violence or terror-related activities. On August 16, after a day and a half of deliberation, the jury found Padilla guilty on all charges.

Padilla's sentencing hearing began on January 8, 2008, before U.S. District Judge Marcia Cooke and included seven days of arguments and witness testimony. The government recommended a sentence of life in prison for Padilla and each of his co-defendants, characterizing Padilla as a dangerous al Qaeda operative and pointing to his prior criminal record. Defense counsel raised over 90 objections to the presentence report and stated that the report misrepresented the evidence presented at trial. Padilla's lawyers sought a sentence of no more than 10 years. They contended that the government had failed to link Padilla to actual terrorist attacks or terrorist groups and that Padilla had been mistreated and tortured during 3 ½ years of detention as an "enemy combatant." Hassoun and Jayyousi also asked for lesser sentences.

On January 15, 2008, Judge Cooke rejected defense counsels' argument that Padilla was a minor player in the terrorist conspiracies and ruled that Padilla and his co-defendants each met the criteria for enhanced terrorism penalties under the federal sentencing guidelines. "He was an instrument of the scheme itself," Judge Cooke said. "He responded to the call to go overseas."

On January 22, 2008, Judge Cooke sentenced Padilla to seventeen years and four months in prison. Hassoun was sentenced to 15 years and eight months, and Jayyousi received a sentence of 12 years and eight months. "There is no evidence that these defendants personally killed, maimed or kidnapped" anyone, observed Judge Cooke. She also questioned the extent of the defendants' involvement in the terrorist conspiracies and recognized Padilla's harsh treatment in the Navy brig as an appropriate factor for her consideration.

Decision and opinions in the Padilla case:

Briefs and Materials:

Padilla II

Release from Military Custody

Supreme Court

Certiorari Stage:

Amicus Briefs:

Fourth Circuit

Amicus briefs:

Remand in South Carolina
Padilla I

Supreme Court

Decision:

Oral Arguments:

Merits Stage:

Amicus Briefs in Support of Padilla:

Amicus Briefs in Support of the Government:

Certiorari Stage:

Second Circuit

Argument and Decision:

Briefs for Padilla:

Briefs for the Government:

Amicus Briefs in Support of Padilla:

Amicus Brief in Support of the Government:

Southern District of New York
Joint Submissions

Joint Appendix


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