Accused Al-Qaeda Jihadist Jose Padilla Sentenced

By Jeffrey Imm

U.S. District Judge Marcia Cooke sentenced Jose Padilla (aka Abu Abdullah al Mujahir) today to 17 years, 4 months in prison based on his August 16, 2007 conviction on conspiracy and material support charges. Jose Padilla faced up to life in prison.

AP reported that District Judge Marcia Cooke gave Padilla credit for the 3 1/2 years served when Padilla was held as an enemy combatant. Reuters also reported that Judge Cooke's sentencing also took into consideration his imprisonment conditions: "I do find that the conditions were so harsh for Mr. Padilla ... that they warrant consideration of the court" in sentencing.

Per AP, Judge Cooke also sentenced Adham Amin Hassoun to 15 years, 8 months in prison and sentenced Kifah Wael Jayyousi to 12 years, 8 months in prison. Both were also convicted on conspiracy and material support charges. Attorneys for Padilla, Hassoun, and Jayyousi stated that they plan to appeal the sentencing.

In August 2007, AP reported that "Padilla and co-defendants Adham Amin Hassoun and Kifah Wael Jayyousi face life in prison because they were convicted of conspiracy to murder, kidnap and maim people overseas. All three were also convicted of two terrorism material support counts that carry potential 15-year sentences each."  However in today's sentencing by Judge Cooke, per Reuters, "U.S. District Judge Marcia Cooke rejected prosecutors' contention that the crimes deserved life prison sentences, noting that while they were 'serious,' there were no acts of terrorism on U.S. soil, no attacks on officials nor any plot to overthrow the U.S. government." Reuters also reported Judge Cooke as stating: "There was no evidence the defendants had personally killed or maimed anyone."  Judge Cooke also stated: "The sentence will serve to inform others ... that conspiracy to support murder, maiming and kidnapping will not be tolerated in this country."

Jose Padilla was arrested on May 8, 2002 in Chicago and was designated as an enemy combatant on June 9, 2002.  GlobalSecurity.org states that Padilla "[a]llegedly worked on constructing a dirty bomb in Lahore, Pakistan. Met with senior al-Qaeda leadership in Summer 2001 and Spring 2002".  Jose Padilla was indicted on November 17, 2005, along with Kifah Wael Jayyousi and Adham Amin Hassoun, as part of a "North American support cell to participate in violent jihad" that followed and supported Sheikh Omar Abdel Rahman. In January 2006, Padilla was transferred to a Miami Florida jail to face criminal conspiracy charges along with Jayyousi and Hassoun.   A key piece of evidence in Padilla's trial was a "Mujahideen Data Form" that prosecutors stated Jose Padilla completed on July 24, 2000 in preparation for violent jihad training in Afghanistan.

Per the indictment, Kifah Wael Jayyousi "founded the American Islamic Group" and "operated the American Worldwide Relief Organization" (after the death of Mohamed Zaky).  "Through the American Islamic Group, Jayyousi published The Islam Report, a newsletter that promoted violent jihad as a religious obligation, delivered information on violence committed by mujahideen, and solicited donations to support mujahideen operations and mujahidden families.  Jayyousi actively recruited mujahideen fighters and raised funds for violent jihad."

Also per the indictment, Adham Amin Hassoun "was the East Coast representative for American Islamic Group and American Worldwide Relief Organization. Hassoun assisted in distributing The Islam Report and fund-raising for violent jihad on behalf of the American Worldwide Relief Organization.  Hassoun also served as the North American distributor of Nida'ul Islam, an Islamic magazine promoting Jihad. Hassoun worked with Jayyousi and others in actively recruiting mujahideen fighters and raising funds for violent jihad."

Sources and Related Documents:

January 22, 2008 - Department of Justice Press Release: "Jose Padilla and Co-defendants Sentenced on Terrorism Charges
January 22, 2008 - Associated Press: Accused Al Qaeda Operative Jose Padilla Gets 17 Years
January 22, 2008 - Reuters: Qaeda recruit Padilla sentenced to 17 years
January 22, 2008 - AFP: US terror suspect Padilla jailed 17 years
August 16, 2007 - Associated Press: Jury Finds Jose Padilla, 2 Co-Defendants, Guilty on Terrorism Support Charges
August 16, 2007 - The Counterterrorism Blog: Padilla Case Proves System Works - by Bill West
May 14, 2007 - ABC News: Key Evidence in Padilla Case: An Al Qaeda Job Application -- Prosecutors Say an al Qaeda Job Application Will Be a Key Piece of Evidence in the Trial of Jose Padilla
Al-Qaeda "Mujahideen Data Form" - Jose Padilla Trial (Adobe Acrobat PDF)
November 23, 2005 - FOX News: 'Dirty Bomb' Suspect Padilla Indicted
November 22, 2005 - The Counterterrorism Blog: Jose Padilla's New Indictment Based, in Part, on USA PATRIOT Act -- by Andrew Cochran
November 17, 2005 Padilla Indictment -- Department of Justice
Wikipedia: Jose Padilla (prisoner)
Jurist Legal News Archive: Jose Padilla
Global Security Profile: Jose Padilla
NNDB: Jose Padilla
Global Security Profile: Kifah Wael Jayyousi
Global Security Profile: Adham Amin Hassoun
Global Security Profile: Sheikh Omar Abdel Rahman - Al-Gamaa al-Islamiyya Leader
Wikipedia: Omar Abdel-Rahman

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