Padilla Trial To Be Decided on Soon

Jurors will soon be debating the guilt or innocence of Jose Padilla and two other men on trial for alleged support of terrorism.^[1] The jurors will be instructed that they may not consider whether the defendant’s actions were justified by Islamic law or intended to protect Muslims overseas from attacks, according to the federal judge who is hearing the case.^[2]

U.S. District Judge Marcia Cooke agreed to a request from prosecutors to instruct the jurors that each of the men can be convicted even if they "may have believed that the conduct was religiously, politically or morally required, or that ultimate good would result."^[3] A cornerstone of the defense during the trial was the idea that Islamic teaching provides for legitimate "defensive jihad," which differs from terrorism because it is meant to counter aggression against Muslims and does not threaten innocent people.^[4]

Divining the intentions of Padilla and co-defendants Adham Amin Hassoun and Kifah Wael Jayyousi will be critical for jurors, who are expected to begin deliberations after closing statements Monday and Tuesday.^[5] The three are charged with being part of a North American support cell that provided finances, supplies and recruits to al-Qaida and other Islamic extremist groups.^[6]

Hassoun’s federal criminal defense attorney Ken Swartz said his closing argument will emphasize that any money or supplies provided to overseas groups was meant for humanitarian assistance and will not focus on whether violent actions might have been justified.^[7] "It's all about relief, that is not giving aid for military purposes," Swartz said. "

Defense lawyers did win some points when Cooke agreed to instruct jurors that they must find the overseas killings were premeditated in order to convict the three on the murder conspiracy charge.^[8] The prosecution was never successful in linking any defendant directly to a specific violent act or victim, focusing instead on large groups subjected to attack such as the Russian Army and general conflicts in Chechnya, Bosnia, Lebanon, Somalia and elsewhere.^[9]

To find them guilty of the most serious conspiracy charge, jurors must conclude that each defendant "specifically intended" that people overseas would be murdered, kidnapped or maimed through their actions.^[10]

Padilla, Hassoun and Jayyousi are also charged with providing material support to terrorist groups and conspiracy to provide such support, each of which carries a maximum 15-year sentence. Padilla is also charged with providing himself as one of Hassoun's recruits to al-Qaida by allegedly filling out a form in 2000 to attend a training camp in Afghanistan.^[11]

Federal criminal defense attorney Douglas McNabb has previously discussed the charges against Padilla in his blog, here.

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^[1] AP Staff, Padilla case jurors barred from considering justification defense, Associated Press Newswire, August 9, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.