2 - The Michigan Daily - Wednesday, November 23, 2005
Dirty bomb suspect indicted NEws INBRIEF
U.S. charges Padilla with being
part of a North American terror
cell that aimed to recruit overseas
WASHINGTON (AP) - Jose Padilla, a U.S.
citizen held in a Navy brig as an enemy combatant
for more than three years, was charged yesterday
with being part of a North American terror cell
that sent money and recruits overseas to "murder,
maim and kidnap."
However, absent from the indictment were the
sensational allegations made earlier by top Justice
Department officials: that Padilla sought to blow up
U.S. hotels and apartment buildings and planned an
attack on America with a radiological "dirty bomb."
Attorney General Alberto Gonzales wouldn't say
why none of those allegations were included in the
indictment, commenting only on the charges that
were returned by a Miami grand jury against Padil-
la and four other alleged members of a terror cell.
"The indictment alleges that Padilla traveled overseas
to train as a terrorist with the intention of fighting a violent
jihad," Gonzales said.
The charges are the latest twist in a case pitting the Bush
administration's claim that the war on terrorism gives the
government extraordinary powers to protect its citizens,
on one side, against those who say the government can't
be allowed to label Americans "enemy combatants" and
hold them indefinitely without charges that can be fought
By charging Padilla, the administration is seeking to
avoid a U.S. Supreme Court showdown over the issue. In
2004, the justices took up the first round of cases stem-
ming from the war on terrorism, and Justice Sandra Day
O'Connor, who is retiring, wrote, "A state of war is not a
blank check for the president when it comes to the rights
of the nation's citizens."
Eric Freedman, a professor at Hofstra Law School, said
the Padilla indictment was an effort by the administration
"to avoid an adverse decision of the Supreme Court."
Jenny Martinez, a Stanford 'law professor who rep-
resents Padilla at the Supreme Court, said, "There's no
guarantee the government won't do this again to Mr.
Padilla or others. The Supreme Court needs to review this
Attorney General Alberto Gonzales, second from left, announces the indictment of Jose Padilla, a
U.S. Citizen, during a news conference at the Department of Justice yesterday in Washington. Padil-
la, a Brooklyn-born Muslim convert, held for three years as an enemy combatant suspected of plot-
ting a "dirty bomb" attack in the U.S., has been indicted on charges that he conspired to "murder,
kidnap and maim" people overseas.
case on the merits so the lower court decision is not left
lying like a loaded gun for the government to use when-
ever it wants."
Padilla's lawyers had asked the justices to review his
case last month, and the Bush administration was facing
a deadline of next Monday for filing its legal arguments.
Padilla's appeal argues that the government's evidence
"consists of double and triple hearsay from secret wit-
nesses, along with information allegedly obtained from
Padilla himself during his two years of incommunicado
Gonzales said there no longer was an issue for
the justices to resolve since Padilla would have his
Catholic Church speak
against gay seinar'ian
VATICAN CITY (AP) - Reiterating its stand against
sexually active gays in the priesthood, the Vatican also says
in a new document that men with "transitory" homosexual-
ity must have overcome their sexual tendencies for at least
three years before entering the clergy.
The long-awaited "Instruction,"due to be released next week,
was posted yesterday on the Internet by the Italian Catholic
news agency Adista. A church official who has read the docu-
ment confirmed its authenticity; he asked that his name not be
used because the piece has not been published by the Vatican.
Conservative Roman Catholics who have decried the
"gay subculture" in seminaries will likely applaud the policy
because it clarifies and perhaps toughens what the Vatican
expects of seminarians and their administrators.
Critics of the policy warned that, if enforced, it will likely result
in seminarians lying about their orientation and will decrease the
already dwindling number of priests in the United States even
further. Estimates of the number of gays in U.S. seminaries and
the priesthood range from 25 percent to 50 percent, according to
a review of research by the Rev. Donald Cozzens, an author of
"The Changing Face of the Priesthood."
The document, from the Vatican's Congregation for Catholic
Education, says the church deeply respects homosexuals. But it
also says it "cannot admit to the seminary and the sacred orders
those who practice homosexuality, present deeply rooted homo-
sexual tendencies or support so-called gay culture."
"Those people find themselves, in fact, in a situation that
presents a grave obstacle to a correct relationship with men
and women. One cannot ignore the negative consequences
that can stem from the ordination of people with deeply root-
ed homosexual tendencies," it said.
"If instead it is a case of homosexual tendencies that are
"One cannot ignore the
negative consequences tha
can stem from the ordinati
of people with deeply root
- Vatican document p
the Internet y
merely the expression of a transitory problem, for e
in the case of an unfinished adolescence, they mu
have been clearly overcome for at least three years b
nation as a deacon."
Vatican prohibitions on sexually active gays
priests are not new, and a 1961 document says ho
should be barred from the priesthood. But the issu
the fore in 2002, at the height of the clergy sex abu
in the United States.
A study by the John Jay College of Crimin
found most abuse victims since 1950 werea
boys. Experts on sex offenders said homosexu
more likely than heterosexuals to molest youn
but that did not stifle questions about gay ser
In addition, some Catholic researchers said
cultures" in seminaries were alienating hete
prompting them to drop out.
day in court. However, the attorney general would
not rule out that Padilla could be reclassified as an
enemy combatant at some point.
Padilla will be transferred from military cus-
tody to the Justice Department and will be held at
a federal prison in Miami. Gonzales said the case
would go to trial in September, in Miami.
Padilla could face life in prison if convicted of
being part of a conspiracy to murder, maim and
The other two charges, providing material sup-
port to terrorists and conspiracy, carry maximum
prison terms of 15 years each.
Bird flu case not
the same form as the
osted on virulent form in Asia
WASHINGTON (AP) - U.S. offi-
xample as cials need details on a Canadian case
st however of bird flu to decide whether to con-
efore ordi- tinue a ban on poultry .from British
becoming Canadian officials said the case of
mosexuals flu, confirmed Sunday, wasn't the vir-
ie came to ulent form in Southeast Asia blamed
se scandal for more than 60 human deaths. Still,
the U.S. on Monday banned imports
al Justice of poultry from mainland British
adolescent Columbia to prevent the spread of the
als are no virus to U.S. flocks.
g people, Canadian officials plan to report to
ninarians. the U.S. within 24 hours, according
"gay sub- to Canada's chief veterinary officer,
rosexuals, Dr. Brian Evans.
Depending on the results, the U.S.
could restrict imports from a small-
er, regional area, U.S. Agriculture
eSDepartment spokesman Jim Rogers
"We're waiting to get more infor-
mation from Canada, at which point
we could be able to scale back" the
ban, Rogers said. "We just need that
explosive The governments of Taiwan, Japan
lear. The and Hong Kong indicated they would
ther con- take similar action.
istence of The Canadian Food Inspection
Agency said Sunday that a duck at a
and inter- commercial poultry farm in British
spects at Columbia had tested positive for bird
Eastern flu. The virus was a low-pathogenic
d in The North American form that doesn't
v. 2. The kill poultry and is not a threat to
countries people, officials said. But the virus
sickens and weakens the birds, and
hts Watch entire flocks are destroyed to prevent
eating the its spread.
terrorists The virulent form of bird flu in
to Poland Asia has not been found in the U.S.
fork-based and is only now spreading into east-
alniceanu ern Europe. Authorities there say
ania and that cooking kills the virus; health
ny airport officials in the U.S. say that eating
detention properly handled and cooked poultry
"onclusion is safe.
,raft from The farm with the infected duck,
tained. in Chilliwack outside of Vancouver,
Paris on isn't licensed to export. Authorities
airs com- have begun killing about 56,000
Europe's birds on the farm with carbon diox-
darty said ide gas and have quarantined four
have been other farms within three miles of
me capac- the area.
in Spain, An outbreak of bird flu in 2004 in
hannon in British Columbia prompted the kill-
ing of 17 million birds.
Merkel faces challenges in Germany
Angela Merkel was elected yesterday as Germany's first female chancellor, tak-
ing power at the helm of an unwieldy alliance of the right and left that now offi-
cially has the job of turning around Europe's biggest economy.
Lawmakers voted 397-202 with 12 abstentions to make Merkel Germany's
eighth leader since World War II, succeeding Gerhard Schroeder, whose seven-
year government of Social Democrats and Greens was ousted by voters Sept. 18.
Schroeder was the first to walk over and congratulate a smiling Merkel after the
vote was announced.
"Dear Mrs. Merkel, you are the first democratically elected female head of
government in Germany," parliament president Norbert Lammert said. "That is
a strong signal for women and certainly for some men, too. I wish you strength,
God's blessing and also some enjoyment in your high office."
She was sworn in several hours later, promising in her oath of office to defend
the country's constitution. The Protestant minister's daughter added the optional
phrase "so help me God."
Merkel will need all the help she can get as her government, made up of politi-
cians who until a few weeks ago were partisan opponents, tackles chronically high
unemployment, currently at 11 percent, and lagging economic growth.
Suicide car bomber kills 21 people in Iraq
A suicide car bomber killed 21 people in northern Iraq yesterday after insurgents
lured police to the scene by shooting an officer, officials said. The U.S. command
said three more U.S. soldiers have been killed, pushing the American military
death toll for the conflict to 2,100.
Elsewhere, insurgents fired a mortar shell at a U.S. ceremony transferring one of
Saddam Hussein's palaces in Tikrit to Iraqi control. The shell failed to explode but
sent the U.S. ambassador, the top American commander and robed tribal sheiks
scurrying for cover as the round whistled overhead.
The suicide bomber struck on a busy commercial street in Kirkuk, a mixed
Arab, Kurdish and Turkoman city in an oil-producing region 180 miles north of
Baghdad. About half the dead were police who rushed to the scene after gunmen
killed a fellow officer.
In addition to the 21 dead, another 24 people were wounded, according to police
Brig. Gen. Sarhad Qader.
Teacher who had sex with student pleads guilty
A female teacher pleaded guilty yesterday to having sex with a 14-year-
old student, avoiding prison as part of a plea agreement.
Debra Lafave, 25, whose sensational case made tabloid headlines, will
serve three years of house arrest and seven years' probation. She pleaded
guilty to two counts of lewd and lascivious battery.
The former Greco Middle School reading teacher apologized during the
hearing, saying "I accept full responsibility for my actions."
The boy told investigators the two had sex in a classroom at the school,
located in Temple Terrace near Tampa, in her Riverview town house and
once in a vehicle while his 15-year-old cousin drove them around Marion
The boy told investigators Lafave told him her marriage was in trouble
and that she was aroused by the fact that having sex with him was not
allowed. He said he and Lafave, a newlywed at the time, got to know each
other on their way back from a class trip to SeaWorld Orlando in May
A photo caption in yesterday's edition of the Daily incorrectly stated that
GM's Willow Run plant will soon be closing. The caption should have read
that the Ypsilanti Parts Processing Center will stop operations in 2007, even
though the Willow Run plant is photographed.
An article in Monday's edition of the Daily (The Other Rivalries) said
the Michigan softball team leads the all-time series with Iowa. Iowa actually
leads the all-time series 51-41-1.
Please report any error in the Daily to firstname.lastname@example.org.
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JASON Z. PESICK
Editor in Chief
Sun.-Thurs. 5 p.m. - 2 am.
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European investigator prob
If evidence is uncovered,
it could be a major
embarrassement for U.S.
PARIS (AP) - The head of an
investigation into alleged secret CIA
prisons in Eastern Europe said yester-
day he was checking 31 suspect planes
that landed in Europe in recent years
and was trying to acquire past satel-
lite images of sites in Romania and
If the European probe uncovers evi-
dence of covert facilities, the potential
impact ranges from major embarrass-
ment for the United States to political
turmoil in countries that might have
participated, even unwittingly. Coun-
tries found housing secret detention chances of uncovering
centers also could be suspended or state secrets seemed unc
expelled from the 46-member Council U.S. government has nei
of Europe, a human rights watchdog firmed nor denied the exi
organization. such facilities.
In an interview with The Associ- Allegations the CIA hid,
ated Press, Swiss senator Dick Marty rogated key al-Qaida su
said the Council of Europe, on whose Soviet-era compounds in
behalf he was investigating, had a Europe were first reporte
"moral obligation" to look into claims Washington Post on Nov
the CIA set up secret prisons on the paper did not name the
continent to interrogate al-Qaida sus- involved.
pects. A day later, Human Rig
He said that despite lack of proof, said it had evidence indi(
there were "many hints, such as suspi- CIA transported suspected
cious moving patterns of aircraft, that captured in Afghanistant
have to be investigated." and Romania. The New Y
But given the limited powers of the group identified the Kog
Strasbourg-based council, Marty's military airfield in Rom
as possible sites for secret
centers, saying it based its o :
on flight logs of CIA airc
I LiP .2001 to 2004 that it had ob
nc d grn8 ng . ., In a report presented in
WU Gf 0lOOU. .. Tuesday to the legal affa
mittee of the Council of
parliamentary assembly, M
other airports that might h
used by CIA aircraft in so
ity are Palma de Mallorca
Larnaca in Cyprus and SI
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