Jose Padilla is an American citizen. With our current administration, what has happened to him could happen to any one of us at any time.
"Today is May 21," a naval official declared to a camera videotaping the event. "Right now we're ready to do a root canal treatment on Jose Padilla, our enemy combatant."
Several guards in camouflage and riot gear approached cell No. 103. They unlocked a rectangular panel at the bottom of the door and Mr. Padilla's bare feet slid through, eerily disembodied. As one guard held down a foot with his black boot, the others shackled Mr. Padilla's legs. Next, his hands emerged through another hole to be manacled.
Wordlessly, the guards, pushing into the cell, chained Mr. Padilla's cuffed hands to a metal belt. Briefly, his expressionless eyes met the camera before he lowered his head submissively in expectation of what came next: noise-blocking headphones over his ears and blacked-out goggles over his eyes. Then the guards, whose faces were hidden behind plastic visors, marched their masked, clanking prisoner down the hall to his root canal.
The videotape of that trip to the dentist, which was recently released to Mr. Padilla's lawyers and viewed by The New York Times, offers the first concrete glimpse inside the secretive military incarceration of an American citizen whose detention without charges became a test case of President Bush's powers in the fight against terror. Still frames from the videotape were posted in Mr. Padilla's electronic court file late Friday.
This is what the Bush administration believes is in its power to do to American citizens, particularly those dusky hued ne’er do wells.
Now lawyers for Mr. Padilla, 36, suggest that he is unfit to stand trial. They argue that he has been so damaged by his interrogations and prolonged isolation that he suffers post-traumatic stress disorder and is unable to assist in his own defense. His interrogations, they say, included hooding, stress positions, assaults, threats of imminent execution and the administration of "truth serums."
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In the brig, Mr. Padilla was denied access to counsel for 21 months. Andrew Patel, one of his lawyers, said his isolation was not only severe but compounded by material and sensory deprivations. In an affidavit filed Friday, he alleged that Mr. Padilla was held alone in a 10-cell wing of the brig; that he had little human contact other than with his interrogators; that his cell was electronically monitored and his meals were passed to him through a slot in the door; that windows were blackened, and there was no clock or calendar; and that he slept on a steel platform after a foam mattress was taken from him, along with his copy of the Koran, "as part of an interrogation plan."
Yes, the current administration believes that it can hold American citizens in detention indefinitely, without access to counsel or habeas corpus. They feel they can do this to anyone Bushigula decides is an “enemy combatant.”
Mr. Padilla's situation, as an American declared an enemy combatant and held without charges by his own government, was extraordinary and the conditions of his detention appear to have been unprecedented in the military justice system.
The post 9/11 bedwetters in the public, aided by a timorous and sycophantic media, enabled the unelected authoritarians in the Bush administration (and the FBI and DoJ who had their wet dream laws all typed up and ready to go) to piss all over the Constitution.
Dr. Angela Hegarty, director of forensic psychiatry at the Creedmoor Psychiatric Center in Queens, N.Y., who examined Mr. Padilla for a total of 22 hours in June and September, said in an affidavit filed Friday that he "lacks the capacity to assist in his own defense."
"It is my opinion that as the result of his experiences during his detention and interrogation, Mr. Padilla does not appreciate the nature and consequences of the proceedings against him, is unable to render assistance to counsel, and has impairments in reasoning as the result of a mental illness, i.e., post-traumatic stress disorder, complicated by the neuropsychiatric effects of prolonged isolation," Dr. Hegarty said in an affidavit for the defense.
This could be you. Or your uncle. Or your mother. Or your nephew. Or your daughter.
What pressure that could be brought to bear has been with the result that Padilla has finally been charged… as a new defendant to an ongoing case in Miami (read: they did not have the evidence to file an independent case against him). Nowhere in this indictment are any of the big propaganda scare story accusations present.
Mr. Padilla was added as a defendant in a terrorism conspiracy case already under way in Miami. The strong public accusations made during his military detention — about the dirty bomb, Al Qaeda connections and supposed plans to set off natural gas explosions in apartment buildings — appear nowhere in the indictment against him. The indictment does not allege any specific violent plot against America.
Mr. Padilla is portrayed in the indictment as the recruit of a "North American terror support cell" that sent money, goods and recruits abroad to assist "global jihad" in general, with a special interest in Bosnia and Chechnya. Mr. Padilla, the indictment asserts, traveled overseas "to participate in violent jihad" and filled out an application for a mujahedin training camp in Afghanistan.
This could be you.
"During questioning, he often exhibits facial tics, unusual eye movements and contortions of his body," Mr. Patel said. "The contortions are particularly poignant since he is usually manacled and bound by a belly chain when he has meetings with counsel."
