Friday, March 19, 2010
India can question Headley on U.S. soil
From The Hindu
Indian authorities will be able to question David Coleman Headley, accused in the 2008 Mumbai attacks and facing 12 terror charges in a Chicago court, but within the United States only, as per a plea agreement that he struck with the court on Thursday.
As per the agreement, based on a change of Headley's plea from not guilty to guilty on all charges, he is currently facing life imprisonment, instead of the death penalty, and is also mandated to continuously cooperate with authorities in providing information regarding terror investigations.
In a conversation with The Hindu, shortly after the agreement was struck, his attorney, John Theis, said that Headley had provided important information to the authorities, which had already “helped save lives.” He said that while he had no information from law enforcement agencies about what they did with any information provided by Headley, “My understanding is that the United States government has shared information with the Indian government on a regular basis.”
The 35-page plea agreement clearly leaves room for Indian authorities to have access to Headley in the context of terror-related investigations in the future. Mr. Theis, however, emphasised that would have to be on U.S. soil as per the agreement. The relevant section reads: “Defendant further agrees that, when directed by the United States Attorney's Office, he will fully and truthfully testify in any foreign judicial proceedings held in the United States by way of deposition, videoconferencing or letters rogatory.”
The agreement effectively rules out the possibility of extradition, stating that pursuant to the U.S.'s extradition treaties with India, Denmark and Pakistan, the “defendant shall not be extradited to the Republic of India, them Kingdom of Denmark, or the Islamic Republic of Pakistan, respectively, for any offenses for which he has been convicted in accordance with this plea.”
In terms of the possible future course of Headley's sentencing, Mr. Theis said that as per his plea agreement he may be eligible for “downward departure” which is essentially a lighter sentence than life imprisonment, again conditional upon his continued cooperation. He was, however, unable to confirm how many years in prison Headley might face in such circumstances, saying that that would be pure “speculation.”
Headley has “agreed not to be sentenced until the case is over,” Mr. Theis said, confirming that sentencing would depend on the arrest and trial of Headley's co-defendants, including Tahawwur Rana, Illyas Kashmiri and Abdur Rehman Hashim Syed. Mr. Theis said at this point it was unclear how long that might take or if indeed they would all be brought before the U.S. justice system. In any case, Headley would likely remain in custody until such time, Mr. Theis added.
The 12 charges against Headley are: conspiracy to bomb places of public use in India (1), conspiracy to murder and maim persons in India (2), aiding and abetting the murders of six United States nationals in Mumbai (3-8), conspiracy to provide material support to terrorism in India (9), conspiracy to murder and maim persons in Denmark (10), conspiracy to provide material support to terrorism in Denmark (11) and providing material support to Lashkar-e-Taiba (12).
For all the charges, Headley cannot be sentenced to probation and the judge also “may impose a term of supervised release of not more than five years.”
Labels: Chicago court, David Coleman Headley, guilty plea, John Theis, Mumbai attacks
Thursday, March 18, 2010
Headley sentence could be still lighter
From The Hindu
David Coleman Headley, accused in the 2008 Mumbai attacks and facing 12 terror charges in a Chicago court, on Thursday changed his plea from not guilty to guilty on all charges. On account of this plea agreement Mr. Headley is currently facing life imprisonment, pending the conclusion of the case, instead of the death penalty.
However in a conversation with The Hindu on Thursday, his attorney, John Theis, said that as per his plea agreement Headley may be eligible for “downward departure”, which is essentially an even lighter sentence than life imprisonment, conditional upon his continued cooperation. He was however unable to confirm how many years in prison Mr. Headley might face in such circumstances, saying that that would be pure “speculation.”
Mr. Theis argued that Headley had already provided important information to the authorities, which had already “helped save lives”. He said that while he had no information from law enforcement agencies about what they did with any information provided by Headley, he said, “My understanding is that the United States government has shared information with the Indian government on a regular basis.”
Further, as mentioned in the plea agreement, Mr. Theis emphasised that authorities of other countries, including India, would be able to question Headley; however that would have to be on U.S. soil.
Headley has “agreed not to be sentenced until the case is over,” Mr. Theis said, confirming that sentencing would depend on the arrest and trial of Headley’s co-defendants, including Tahawwur Rana, Illyas Kashmiri and Abdur Rehman Hashim Syed.
Mr. Theis said at this point it was unclear how long that might take or if indeed they would all be brought before the U.S. justice system. In any case Headley would likely to remain in custody until such time, Mr. Theis added.
Labels: Chicago court, David Coleman Headley, guilty plea, John Theis, Mumbai attacks
Wednesday, March 17, 2010
Headley does a u-turn on plea
In this Dec. 9, 2009 file courtroom drawing shows David Coleman Headley, left, pleads not guilty before U.S. District Judge Harry Leinenweber in Chicago to charges that accuse him of conspiring in the deadly 2008 terrorist attacks in the Indian city of Mumbai and of planning to launch an armed assault on a Danish newspaper. (AP Photo/Verna Sadock, File)
From The Hindu
David Coleman Headly, accused of doing the background planning for the Mumbai terror attacks of 2008, will change his plea to guilty on federal charges, a United States district court said.
Mr. Headley originally pleaded not guilty to 12 charges in connection to attacks in India; he is further charged with a plot to attack Jyllands-Posten, a Danish newspaper that published cartoons depicting the Prophet Muhammed — which however did not take place. Mr. Headley was arrested by FBI agents in Chicago in October while trying to board a plane for Philadelphia.
In a one-paragraph filing the court today said that Headley is scheduled for a change-of-plea hearing on Thursday before United States District Judge Harry Leinenweber. However the filing offered no further clarifications with regards to which charges Headley would change his plea for.
Reports quoted John Theis, Headley’s lawyer as saying that he and Headley “have been in discussions with the government” and Thursday’s action would reflect the results.
PTI adds
The son of a Pakistani diplomat and a Philadelphia socialite, Headley had so far pleaded not guilty to the charges and has remained in federal custody at the Metropolitan Correctional Centre here since he was arrested in October 2009.
John Theis, Headley’s lawyer, refused to give any details when asked whether a plea deal has been worked out for Headley, who has been “cooperating in the ongoing investigation“.
If convicted, Headley faces maximum penalty of life imprisonment or death.
Mr. Theis said: "We have had discussions with the government regarding the plea bargain. We are working on it and we expect there will be a plea agreement."
However, Headley’s cooperation in the investigation is seen as a way to escape death penalty.
Spokesman for Chicago U.S. Attorney Patrick J. Fitzgerald, Randall Samborn said Headley would be present in court for the March 18 hearing.
Mr. Samborn too declined to comment on what charges Headley would be pleading guilty to.
In the 12 count indictment, Headley, a 49 year old Chicago resident, faces six counts of conspiracy involving bombing public places in India, murdering and maiming persons in India and Denmark, providing material support to foreign terrorist plots, providing material support to Lashkar and six counts of aiding and abetting the murder of U.S. citizens in India.
The FBI had also charged Headley’s friend from a Pakistani military school, city-businessman Tahawwur Hussain Rana with providing material support to the Mumbai attacks as well as to the terrorist organisation LeT.
Pakistani-Canadian Rana has pleaded not guilty to the charges and said that he was duped by Headley.
Rana has been denied bail by the court and is held at the Correctional centre since his October arrest. A hearing for his case has been set for March 29.
Headley was first arrested in 1998 for conspiring to smuggle heroin into the U.S. from Pakistan. However, after his arrest he cooperated with the investigation, giving information about his involvement in drug trafficking and his Pakistani suppliers.
Due to his cooperation, he was sentenced to less than two years in prison and shortly thereafter went to Pakistan to conduct undercover surveillance operations for the Drug Enforcement Administration.
In 2002 and 2003, Headley allegedly attended terrorism training camps in Pakistan maintained by Lashkar and conspired with its members and others, including co-accused Rana, Ilyas Kashmiri and Abdur Rehman in planning and executing the attacks on India and a Danish newspaper.
He conducted extensive surveillance of targets in Mumbai between September 2006 and July 2008, taking photographs and making videotapes of various potential targets, including those attacked in the November 2008 attacks that killed approximately 164 people and left hundreds more injured.
After every trip to India, Headley allegedly travelled to Pakistan to share videos and photographs of the targets in India with Lashkar members.
David Coleman Headly, accused of doing the background planning for the Mumbai terror attacks of 2008, will change his plea to guilty on federal charges, a United States district court said.
Mr. Headley originally pleaded not guilty to 12 charges in connection to attacks in India; he is further charged with a plot to attack Jyllands-Posten, a Danish newspaper that published cartoons depicting the Prophet Muhammed — which however did not take place. Mr. Headley was arrested by FBI agents in Chicago in October while trying to board a plane for Philadelphia.
In a one-paragraph filing the court today said that Headley is scheduled for a change-of-plea hearing on Thursday before United States District Judge Harry Leinenweber. However the filing offered no further clarifications with regards to which charges Headley would change his plea for.
Reports quoted John Theis, Headley’s lawyer as saying that he and Headley “have been in discussions with the government” and Thursday’s action would reflect the results.
PTI adds
The son of a Pakistani diplomat and a Philadelphia socialite, Headley had so far pleaded not guilty to the charges and has remained in federal custody at the Metropolitan Correctional Centre here since he was arrested in October 2009.
John Theis, Headley’s lawyer, refused to give any details when asked whether a plea deal has been worked out for Headley, who has been “cooperating in the ongoing investigation“.
If convicted, Headley faces maximum penalty of life imprisonment or death.
Mr. Theis said: "We have had discussions with the government regarding the plea bargain. We are working on it and we expect there will be a plea agreement."
However, Headley’s cooperation in the investigation is seen as a way to escape death penalty.
Spokesman for Chicago U.S. Attorney Patrick J. Fitzgerald, Randall Samborn said Headley would be present in court for the March 18 hearing.
Mr. Samborn too declined to comment on what charges Headley would be pleading guilty to.
In the 12 count indictment, Headley, a 49 year old Chicago resident, faces six counts of conspiracy involving bombing public places in India, murdering and maiming persons in India and Denmark, providing material support to foreign terrorist plots, providing material support to Lashkar and six counts of aiding and abetting the murder of U.S. citizens in India.
The FBI had also charged Headley’s friend from a Pakistani military school, city-businessman Tahawwur Hussain Rana with providing material support to the Mumbai attacks as well as to the terrorist organisation LeT.
Pakistani-Canadian Rana has pleaded not guilty to the charges and said that he was duped by Headley.
Rana has been denied bail by the court and is held at the Correctional centre since his October arrest. A hearing for his case has been set for March 29.
Headley was first arrested in 1998 for conspiring to smuggle heroin into the U.S. from Pakistan. However, after his arrest he cooperated with the investigation, giving information about his involvement in drug trafficking and his Pakistani suppliers.
Due to his cooperation, he was sentenced to less than two years in prison and shortly thereafter went to Pakistan to conduct undercover surveillance operations for the Drug Enforcement Administration.
In 2002 and 2003, Headley allegedly attended terrorism training camps in Pakistan maintained by Lashkar and conspired with its members and others, including co-accused Rana, Ilyas Kashmiri and Abdur Rehman in planning and executing the attacks on India and a Danish newspaper.
He conducted extensive surveillance of targets in Mumbai between September 2006 and July 2008, taking photographs and making videotapes of various potential targets, including those attacked in the November 2008 attacks that killed approximately 164 people and left hundreds more injured.
After every trip to India, Headley allegedly travelled to Pakistan to share videos and photographs of the targets in India with Lashkar members.
Labels: 26/11 attacks, Chicago court, David Headley, mumbai terror
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