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Legal Commentary

: TalkLeft

DOJ Charges David Headley With Conspiracy in Mumbai Attacks

By Jeralyn

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New charges have been filed (pdf)in Chicago against accused terrorist and former DEA cooperator David Headley, aka Daood Gilani. The U.S. Attorney's office confirms he is cooperating with both the investigation into the Danish newspaper plot and that of the 2008 Mumbai bombings. The text of the new complaint is here (pdf).

In March 2008, Headley and his co-conspirators discussed potential landing sites for a team of attackers who would arrive by sea in Mumbai, and he was instructed to take boat trips in and around the Mumbai harbor and take surveillance video, which he did during his visit to India starting in April 2008, the charges allege.

At various times, Headley allegedly conducted surveillance of other locations in Mumbai and elsewhere in India of facilities and locations that were not attacked in November 2008, including the National Defense College in Delhi, India.

The Government today also unsealed charges (available here, pdf)filed in October against retired Pakistani army major Abdur Rehman Hashim Syed (Abdur Rehman). The two-count complaint charges him with conspiracy to murder and maim persons in a foreign country, and providing material support to that foreign terrorism conspiracy, in connection with the Danish plot. [More...]

Abdur Rehman, who was not named previously but whose alleged participation was described in the initial charges against Headley and Rana, allegedly played the central role in communicating with Headley and facilitating contacts with other co-conspirators in Pakistan, including members of Lashkar.Back to Headley.

Back to Headley:

Through his attorneys, Headley has authorized the Justice Department to disclose that he is cooperating in the ongoing investigation of both the Danish and Indian terror plots. He has remained in federal custody without bond since he was arrested in Chicago on Oct. 3, 2009. No date has been set yet for his arraignment in U.S. District Court in Chicago.

Headley, 49, was charged in a 12-count criminal information with six counts of conspiracy to bomb public places in India, to murder and maim persons in India and Denmark, to provide material support to foreign terrorist plots, and to provide material support to Lashkar, and six counts of aiding and abetting the murder of U.S. citizens in India.

Headley is eligible for the death penalty:

The count against Headley charging conspiracy to bomb public places in India that resulted in deaths carries a maximum statutory penalty of life imprisonment or death. All of the other counts against Headley carry a maximum of life imprisonment, except providing material support to the Denmark terror plot, which carries a maximum prison term of 15 years.

Six Americans died in the Mumbai attacks. It sounds to me like the U.S. has agreed not to charge him with the death penalty in exchange for his cooperation.

And, Los Angeles is somehow involved:

The investigation into the Mumbai attacks is continuing with the active participation of the U.S. Attorney’s Office in Los Angeles.

Meanwhile, Headley's co-defendant, Tahawwur Hussain Rana, had his bail hearing taken under advisement last week as the Judge said she wanted to review his five hour statement to the FBI. His charges are here (pdf).

Prior Coverage of Headley and the DEA:


Full post as published by TalkLeft on December 07, 2009 (boomark / email).

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