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Headley pleads guilty, but escapes extradition to India
49-year-old Headley, who faces six counts of conspiracy involving bombing public places in India, murdering and maiming persons in India and providing material support to foreign terrorist plots and LeT; and six counts of aiding and abetting the murder of US citizens in India, could have been sentenced to death if convicted.
But his plea agreement with federal prosecutors ruled out the death penalty and extradition to India, Pakistan and Denmark, provided that he cooperates with the government's terrorism investigations.
"Headley will cooperate in foreign investigation conducted in the US," his lawyer John Theis told reporters after the hearing.
Headley, a Chicago resident who was arrested by the FBI's joint terrorism task force on October 3 last year, told US District Judge Harry Leinenweber that he wanted to change his plea to guilty, in an apparent bid to get a lighter sentence than the maximum death penalty.
Son of a former Pakistani diplomat and a Philadelphia socialite, Headley, who was wearing an orange jumpsuit with hands and legs shackled, admitted guilty in all 12 counts during half an hour long hearing.
He also admitted using his friend Tahawwur Rana's immigration company as a cover for surveillance activities in India and Denmark on behalf of Pakistan-based terrorist groups, including LeT.
Headley, admitted that he participated in planning the November 2008 terrorist attacks in Mumbai, India, as well as later planning to attack a Danish newspaper.
He also admitted that he attended training camps in Pakistan operated by Lashkar-e-Taiba on five separate occasions between 2002 and 2005.
In late 2005, Headley received instructions from three members of Lashkar to travel to India to conduct surveillance, which he did five times leading up to the Mumbai attacks three years later that killed six Americans among 166 people and wounded hundreds more.
A 35-page plea agreement containing a detailed recitation of Headley's participation in terror conspiracies was presented when he changed his plea to guilty.
"By this plea agreement defendant agrees to enter a voluntary plea of guilty to all counts," said the plea agreement of Headley.
Earlier, Headley was produced before the court under unprecedented security arrangements. Security forces along with sniffer dogs were deployed around the court. Special metal detector doors were erected at the entrance of the packed court room.
Headley has cooperated with the Government since he was arrested on October 3, 2009, and the agreement states that he "has provided substantial assistance to the criminal investigation, and also has provided information of significant intelligence value."
In light of Headley's past cooperation and expected future cooperation, the Attorney General of the United States has authorised the United States Attorney in Chicago not to seek the death penalty against Headley, the plea said.
Regarding sentencing, which will be deferred until after the conclusion of Headley's cooperation, the plea agreement calculates an anticipated advisory sentencing guideline of life imprisonment.
"Today's guilty plea is a crucial step forward in our efforts to achieve justice for the more than 160 people who lost their lives in the Mumbai terrorist attacks. Working with our domestic and international partners, we will not rest until all those responsible for the Mumbai attacks and the terror plot in Denmark are held accountable," said Attorney General Eric Holder.
"Not only has the criminal justice system achieved a guilty plea in this case, but David Headley is now providing us valuable intelligence about terrorist activities. As this case demonstrates, we must continue to use every tool available to defeat terrorism both at home and abroad," it said.
Earlier, Indian Home Secretary G K Pillai had said that if Headley gets severe punishment and comes out of the judicial process, it would be easier for India to get access to him in jail.
"If he is given a light sentence, it would not only be disappointing but we will be registering a very strong protest with the US," Pillai told a news channle in New Delhi.
The American terror suspect had got away with a lesser sentence after he was arrested in 1998 for smuggling heroin into the US from Pakistan as he cooperated with the investigation in the case.
He was sentenced to less than two years in prison and thereafter went to Pakistan to conduct undercover surveillance operations for the Drug Enforcement Administration.
Following is the chronology of major events relating to the arrest and hearing of Pakistani-American LeT terror suspect David Coleman Headley's case:
October 3, 2009:
FBI's joint terrorism task force arrests 49-year-old
Pakistani-American David Coleman Headley at Chicago's O'Hare
International Airport before boarding a flight to
Philadelphia, en route to Pakistan.
October 18, 2009:
Pakistani-Canadian Tahawwur Hussain Rana, 48, a
resident of Chicago and an accomplice of Headley, arrested by
the FBI.
October 27, 2009:
FBI files affidavit in a Chicago court alleging that
Pakistan-based terror group Lashkar-e-Taiba was planning to
use Headley to carry out a major terror attack in India and
Danish newspaper 'Jyllands-Posten'.
November 30, 2009:
Tahawwur Rana categorically denies any involvement in
the Mumbai attacks.
November 30, 2009:
The detention hearing of Headley scheduled for
December 4 at a Chicago court indefinitely deferred.
December 7, 2009:
Headley charged in a Chicago court with criminal
conspiracy in Mumbai terror attacks and having links with a
retired Pakistani army Major who liaised between him and
terror groups including LeT and HuJI.
December 8, 2009:
US President Barack Obama says indictment of Headley,
is an "important day" in his effort to protect the people from
terrorists.
December 9, 2009:
Headley pleads not guilty before a Chicago court where
he was produced. Next hearing postponed till January 12.
December 14, 2009:
Headley appears to turned into informant to FBI to
avoid death penalty.
December 15, 2009:
FBI says the Somnath temple in Gujarat, Bollywood
stars and Shiv Sena leaders in Mumbai were also the targets of
LeT, which was planning to carry out strikes with the help of
Headley and Rana.
December 29, 2009:
FBI classifies arrest of Headley as its second biggest
case for the year 2009.
January 11, 2010:
The status hearing of Headley postponed till Feb 23.
January 15, 2010:
Ilyas Kashmiri, the dreaded Pakistani terrorist,
belonging to the Harakat-ul Jihad Islami, indicted in a US
court for the first time in connection with the plot to target
the Danish newspaper.
January 26, 2010:
Tahawwur Rana pleads not guilty to the charges of
helping arrange the 26/11 Mumbai terror attacks and making
plans for an attack on the Danish newspaper.
January 27, 2010:
Headley pleads not guilty to all the charges of
helping arrange the attack on targets in Mumbai and on the
Danish paper.
February 23, 2010:
A US court adjourns till March 23 the status hearing
of Headley.
March 18, 2010:
Headley, who pleads guilty to 12-count of terror
charges, including plotting the 26/11 Mumbai attacks at the
behest of Pakistan-based LeT and conspiring to target a Danish
newspaper, escapes death penalty.
Reader's Comments(36) | Post a comment
Now Pakiswtan will be extremely active. Firstly Pak will really pretend to be slave of USA. This Pak will do by showing apparent coop with USA in its war in Afghanistan. Pak will do this for two reasons. One not to allow Headley to be handed over to India and secondly Headley should not give away all the news of Pakistans direct involvement in terrorism in India and abroad. Pakistan is worried that the cat will be out of the bag. India should try to be as close to USA as possible to get the details of Pak involvement.
What a turn of events. Plead guilty and then there is no trial. Interesting. I would just love to see him get life for each count and with no possiblity of parole. On the other hand, he definitely deserved the chair. Extraditing him to India is far fetched and with the kind of legal system currently existing in the country, I doubt his case will even get its date.
Had Headley not fallen foul of the FBI, the Indian authorities would perhaps have gone on giving him his Indian visa. When the FBI realised it would be difficult to get Headley to heel they hauled him in and skeletons tumbled out of the cupboards. That he was being used by American intelligence is no longer in doubt, and the fact remains that they would not like him to spill out his involvement with US authorities. Hence his extradiction is out of the questions, especially when they are aware of Indian slavish mentality towards them. That the Americans look to serve their own interests even over their own citizens is amply borne out by the fact that Americans were also killed in the 26 11 militant attack. This is one time they will not be looking for revenge just to keep their interests safe. I doubt whether Indian agencies will be allowed to meet Headley without supervision
Headley was the master mind behind the 26/11 attack on the Indian State. He is to be brought to India and put to trial in Indian courts. His involvement in other explosions must also be investigated. If Osama Bin Laden is arrested in India will US be prepared to agree to a similar stance by India then? They want Osama brought to US by all means dead or alive. US has no authority give a lesser punishment to the worst criminal who plotted to destroy India. US must co operate with India to put all the crimanals involved in the war against India. For 9/11 US invaded Afganistan and Iraq. All that India wants is a fair trial in India. There cannot be any compromise on that.
i think you have not understood the americans. if such situation arises whatever you are thinking then americans will invade India . so,wakeup man and wakeup all indians, we have to fight our own case.americans will do only that thing in which they will be benefitted.
jentleman the cases like david coleman and 26 nov will keep happening in our nation sooner or later; as this nation at large is frgmanted on baseless foreign policies. its absolute that we have government at center which is by coalition of more than 10 parties; and working under common minimum prog. so maximum pain we will have to wear in form of terrorism corruption and all. we lack a courage to eliminate huji frm wek bngladesh' hw cn u have courage to extradite cia agent david coleman. god save this natio