Federal appeals court reinstated Padilla conspiracy charge

On January 30, 2007, the US Court of Appeals for the Eleventh Circuit reinstated a conspiracy charge against alleged terrorist Jose Padilla, reversing a lower court decision that the charge duplicated two other counts against Padilla and his co-defendants. The Eleventh Circuit rejected the argument that the charges against Padilla were a violation of the US Constitution's "double jeopardy" clause, holding that different proof was required to establish each count. US authorities initially suspected Padilla, a US citizen, of planning to set off a radioactive "dirty bomb" in the United States and classified him as an "enemy combatant" in 2002 and, therefore, subject to indefinite detention. Padilla was indicted in November 2005 on unrelated terrorism charges. He was ultimately convicted in August 2007 and sentenced to 17 years in prison.

Jose Padilla

Learn more about Jose Padilla and enemy combatants from the JURIST news archive and read commentary on Padilla's trial from JURIST Guest Columnist Stephen Vladeck in Forum.


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