José Padilla

One of the most notorious criminals in the history of the United States of America is a former gang member who once worked at Taco Bell. In 2002, José Padilla, aka Abdullah al-Mujahir, became a familiar face on TV news when the 31-year-old American of Puerto Rican descent was arrested for allegedly plotting to set off a radiological bomb in the U.S.

José Padilla was born in New York City, but grew up in Chicago, where his family moved after the death of his father. Padilla, nicknamed "Pucho," joined the Latin Disciples gang as an early teen, racking up arrests for armed robbery and assault. Years later, Padilla continued to run afoul of the law in Florida, where he was locked up for a road-rage altercation and the assault of a prison guard. The former Catholic converted to Islam after being released from jail.

In 1998, Padilla moved to Egypt to learn Arabic and teach English, later moving on to Afghanistan, Saudi Arabia, Pakistan, and Iraq. In 2001, CIA agents captured an Islamic militant who claimed an American had met with al-Qaeda operatives and learned to build a dirty bomb. Padilla was soon under surveillance and once he arrived in the U.S. he was detained – but never charged – for the terrorist plot. Initially held as a "material witness," Padilla was later designated an enemy combatant and held in a Navy brig – without any criminal charges filed against him – due to suspected ties with al-Qaeda. After three years in military detention, he was finally indicted on new charges: aiding terrorists and conspiracy to murder U.S. nationals overseas.

Padilla's defense lawyers claim that three-and-a-half years of military detention, interrogation and alleged torture have left the 35-year-old unfit to stand trial. Judge Marcia Cooke ruled that the defendant was competent despite claims that Padilla – who was isolated and put under 24-hour surveillance – suffered from post-traumatic stress disorder. Although his mental health may no longer be in question, 72 hours of video footage containing Padilla's final interrogation have come up missing. If the missing tapes are determined to have been purposely destroyed, the case could be dismissed.

But even if Padilla is not released, his case is already one of the most controversial and significant in U.S. history. To some, Padilla represents the gravest threat to America and does not deserve the protections of the U.S. Constitution. To others, his alleged torture and detention without trial are as un-American as the terrorist acts he is alleged to have planned.

Update: On Tuesday, January 22, 2008, Padilla was sentenced to 17 years in prison on terrorism conspiracy charges. Prosecutors recommended a life sentence. Jeanne Baker, a lawyer for one of Padilla's co-defendants, was quoted by the New York Times as saying: "It’s definitely a defeat for the government.”