FBI Claims Arrest of 'Dirty Bomb' Plotter Via NY Transfer News * All the News That Doesn't Fit Well, well - if this story is accurate, there's yet another Florida connection to al Qaeda. A New York-born US citizen named Jose Padilla, arrested in 1991 in Broward County, Florida, is accused of being a bin-Laden baddie, allegedly doing some reconnaisance work for a "dirty bomb" plot. Before his 1991 arrest, he spent time in Florida, where Cuban exile terrorists and their CIA handlers roam free. Although he apparently never changed his name legally, Reuters refers to Jose Padilla by his self-adopted, arabic-sounding name. Meanwhile, the white-guy "American Taliban," John Walker Lindh, is referred to as John Walker Lindh, not by the name he adopted when he converted to Islam. Lindh's lawyers have so far been unsuccessful in their court attempts to have US charges dismissed (third article below). Reuters via Yahoo - June 10, 2002 American Held in Alleged Al Qaeda Dirty-Bomb Plot By Deborah Charles WASHINGTON (Reuters) - U.S. authorities said on Monday they had captured a suspected American al Qaeda operative ordered to help plan an attack on the United States with a radioactive "dirty bomb." Abdullah al Muhajir, born in New York as Jose Padilla, was detained by the FBI in Chicago on May 8, when he arrived from Pakistan. He was held without charge until being declared an "enemy combatant" by President Bush on Sunday, after which he was transferred to a naval brig in South Carolina, officials said. "We have disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive dirty bomb," U.S. Attorney General John Ashcroft said in announcing the arrest from Moscow, where he was meeting Russian officials. In Washington a short time later, FBI Director Robert Mueller said the plan to explode a dirty bomb had not gotten past the planning stages, although he said there had been "substantial discussions" about it. A dirty bomb involves combining a conventional bomb -- even dynamite -- with radioactive material. Ashcroft said such a bomb could cause mass deaths but some radiation experts said it would likely cause more panic than injury. Officials said al Muhajir, a 31-year-old American, traveled to Pakistan and Afghanistan in 2001 and met with senior al Qaeda officials to discuss the plan. The officials would not say whether the meetings took place before or after the Sept. 11 hijacking attacks on America that killed more than 3,000 people. The United States blames Osama bin Laden and his al Qaeda network for the attacks. Asked if there was a specific target for a dirty bomb attack, Deputy Defense Secretary Paul Wolfowitz said al Muhajir had indicated some knowledge of the Washington, D.C., area but noted it was not an actual plan. 'TRAINED WITH THE ENEMY' "He was instructed to return to the United States to conduct reconnaissance operations for al Qaeda," Wolfowitz told reporters. "But it does underscore ... the continuing importance of focusing particularly on those people who may be pursuing chemical or biological or radiological or nuclear weapons." Another official, who spoke on condition of anonymity, said al Muhajir was "probably" targeting the U.S. capital. Ashcroft said the government had "multiple, independent and corroborating sources" that al Muhajir was closely associated with al Qaeda and was "involved in planning future terrorist attacks on innocent American civilians in the United States." Mueller, whose bureau has been under fire for failing to share information that might have prevented the Sept. 11 airliner attacks with other U.S. intelligence agencies, said the CIA played a key role leading up to the arrest. A U.S. official said the CIA had told the FBI about al Muhajir and said the information came in part from interrogations of captured al Qaeda leader Abu Zubaydah. U.S. officials knew al Muhajir was on the airplane heading into Chicago O'Hare International Airport on May 8, where he was detained upon arrival. Padilla was involved in gang-related violence and served time in a juvenile detention facility on murder charges while a teen-ager living in Chicago. After a 1991 arrest in Florida on a handgun charges, Padilla began referring to himself as Abdullah al Muhajir, officials said. Al Muhajir, who has family in the United States, was last in the country in 1998. After that he traveled mostly in the Middle East, officials said. "While in Afghanistan and Pakistan, al Muhajir trained with the enemy, including studying how to wire explosive devices and researching radiological dispersion devices," Ashcroft said. "Al Qaeda officials knew that as a U.S. citizen, holding a valid U.S. passport, al Muhajir would be able to travel freely in the United States without drawing attention to himself." DECLARED 'ENEMY COMBATANT' Al Muhajir is now held by the Defense Department as an "enemy combatant," which under the rules of war allows him to be questioned without the usual protections of the judicial system, like having a lawyer present. Officials have not ruled out lodging criminal charges against al Muhajir later. The move to strip al Muhajir of his rights sparked an outcry from groups like the American Civil Liberties Union which said al Muhajir should be tried in U.S. court. As an American citizen, al Muhajir will not face trial in military tribunals that were created after Sept. 11 to try foreign terrorism suspects outside the U.S. court system, Justice Department sources said. Al Muhajir is the second U.S. citizen known to be currently held by the Defense Department. Yaser Esam Hamdi, an American-born Saudi national detained in Afghanistan, is being held at a U.S. Navy base in Norfolk, Virginia. Once U.S. officials realized Hamdi was American, they transferred him away from the detention facility at the U.S. Naval Base in Guantanamo Bay, Cuba where he was being held with hundreds of al Qaeda and Taliban captives. John Walker Lindh, another American captured while fighting with the Taliban in Afghanistan, is facing trial in a federal court in Virginia. He has pleaded not guilty to 10 counts of conspiring with and aiding al Qaeda and the Taliban. He is in the custody of the Justice Department. (Additional reporting by Alexander Ferguson) * Reuters via Yahoo - June 10, 2002 Detained American [alleged] Al Qaeda Operative Has Few Rights Mon Jun 10, 5:25 PM ET By Deborah Charles WASHINGTON (Reuters) - The U.S. government's decision to declare a suspected American al Qaeda operative an "enemy combatant" means he can be held indefinitely and questioned without an attorney present. U.S. officials said Monday they have transferred Abdullah al Muhajir, a suspected American al Qaeda operative believed to have been planning an attack on the United States with a radiation-spreading "dirty bomb," to Defense Department custody one month after he was arrested. Al Muhajir, a 31-year-old U.S. citizen born in New York as Jose Padilla, was never charged after being detained at Chicago O'Hare International Airport by federal officials on May 8 as he arrived from Pakistan. President Bush Sunday approved a recommendation by Attorney General John Ashcroft to declare Muhajir an "enemy combatant" and transfer him from Justice Department custody to the Defense Department, officials said. He has been taken to the naval brig in Charleston, South Carolina, where he will be questioned by military interrogators. Since he has not been charged with anything, he is not entitled to have any attorney present, officials said. The announcement sparked criticism from rights groups. "If the government has sufficient evidence of criminal conduct of a United States citizen, then it should charge him in U.S. courts," the American Civil Liberties Union said in a statement. "For the United States to maintain its moral authority in the fight against terrorism, its actions must be implemented in accordance with core American legal and social values," added ACLU Executive Director Anthony Romero. A SERIOUS AND CONTINUING THREAT The decision to declare al Muhajir an "enemy combatant" was made because he posed a serious and continuing threat to the American people and to national security, U.S. officials said. "Under the laws of war, Padilla's activities and his association with al Qaeda make him an enemy combatant," said Deputy Defense Secretary Paul Wolfowitz. "For this reason, Jose Padilla has been turned over to the Department of Defense." The United States blames Saudi-born militant Osama bin Laden and his al Qaeda guerrilla network for the Sept. 11 attacks on the United States that killed about 3,000 people. A dirty bomb is a conventional explosive device wrapped in or laced with radioactive material. As an American citizen, al Muhajir will not face trial in military tribunals that were created after Sept. 11 to try foreign terrorism suspects outside the U.S. court system, Justice Department officials said. However, as an enemy combatant, al Muhajir can be held "at least until the end of the war" without the right to an attorney, said Army Col. Rivers Johnson, a Pentagon spokesman. U.S. officials often refer to the "war on terrorism," although there never has been an official declaration of war against Afghanistan or any nation. "In determining that al Muhajir is an enemy combatant who legally can be detained by the United States military, we have acted with legal authority both under the laws of war and clear Supreme Court precedent which establishes that the military may detain a United States citizen who has joined the enemy and who has entered our country to carry out hostile acts," Ashcroft said. "We are conducting a war against al Qaeda," said a Justice Department official, speaking on condition of anonymity. "He is considered an al Qaeda operative, and that's why he's considered an enemy combatant." The Defense Department also is holding Yaser Esam Hamdi, an American-born Saudi national detained in Afghanistan, at a Navy base in Norfolk, Virginia. He has not been charged, and the government is wrangling in the courts over whether he has the right to be represented by a public defender. About 300 al Qaeda and Taliban captives, detained during the Afghanistan war launched following the Sept. 11 attacks, are being held at the U.S. Naval Base in Guantanamo Bay, Cuba. The United States accused Afghanistan's now-deposed Taliban rulers of harboring bin Laden and al Qaeda. * Wed Jun 5, 5:43 PM ET US Rejects American Taliban Request to Drop Charges By Deborah Charles WASHINGTON (Reuters) - U.S. prosecutors on Wednesday urged a federal judge to reject a request by John Walker Lindh to dismiss the entire case against him, disputing the American Taliban's arguments, ranging from First Amendment rights to an assertion of "combat immunity." Lindh had no right to claim "combat immunity" because he was affiliated with the Taliban, which have been declared "unlawful combatants" by President Bush government attorneys said in papers filed with the District Court in Alexandria, Virginia. Lindh's attorneys have filed a series of motions asking for a dismissal of the entire case against the 21-year-old Californian, found fighting with the Taliban in Afghanistan and brought back to the United States to stand trial. Wednesday was the deadline for the prosecution to respond to Lindh's pre-trial motions to dismiss. Judge T.S. Ellis will hold hearings on the motions later this month. Lindh has pleaded not guilty to a 10-count indictment charging him with conspiring with and aiding the Taliban and Osama bin Laden's al Qaeda network. The United States blames al Qaeda and bin Laden for the Sept. 11 hijacked aircraft attacks on America that killed 3,000 people. In a motion filed last month, Lindh's lawyers urged dismissal of one count charging him with conspiracy to kill U.S. citizens, saying the charge violates international law permitting soldiers to take part in armed conflict. But federal prosecutors disagreed, saying combatant immunity is available only to lawful combatants, and to be a lawful combatant one must be a member of a group that has the status of a "lawful armed force." "The president, however, has already determined that the Taliban is not a lawful armed force and its members are unlawful combatants who are not entitled to prisoner of war status under the Geneva Convention," prosecutors said in an opposition to Lindh's filing. They noted that the case arises "in the midst of an ongoing military campaign against the al Qaeda terrorist network and the Taliban militia that harbors it." 'PLAINLY AN UNLAWFUL COMBATANT' In addition, the prosecution said, if Lindh was associated with al Qaeda he was "plainly an unlawful combatant. "It is indisputable that al Qaeda is an international terrorist organization, with members in over 60 countries," the government attorneys wrote. "It is not commanded by any authority that properly disciplines its members or otherwise enforces the laws and customs of war." A separate filing opposed Lindh's motion to dismiss eight counts on claims they were "overbroad and vague." The prosecution said the indictment clearly spells out what Lindh conspired to do or did for the Taliban and al Qaeda. Lindh had also argued he has a First Amendment right to associate with unpopular groups and the charges against him reflected "guilt by association." "Lindh's freedom of association claim is baseless," the prosecution said. "In the first place, the offenses alleged in the indictment involve violence, not expression. ... (H)e is charged with undergoing weeks of training from the world's most lethal and accomplished terrorist group, arming himself with rifles and grenades, spending several months as a jihadist warrior for the Taliban, eventually in opposition to his own country." "In ... joining the bloodshed in Afghanistan, Lindh deliberately entered a world in which 'political' discourse, in the First Amendment sense, was irrelevant, if not impossible, and in which for many the destruction of American democracy was a paramount goal." In a separate motion filed on Wednesday, the government disputed Lindh's request for dismissal of the charge accusing him of carrying firearms to carry out crimes of violence. Lindh's attorneys said that charges of providing material support and resources to al Qaeda and the Taliban did not constitute crimes of violence. The prosecution disagreed. "Providing services to terrorists, and to those who provide terrorists a safe haven and base of operations, is intrinsically a crime of violence." ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= nytmid-06.10.02-20:22:45-14337