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Headley pleads guilty, but escapes extradition to India

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Agencies

Posted: Mar 19, 2010 at 0339 hrs IST

Chicago Pakistani-American David Coleman Headley, accused of plotting the 26/11 Mumbai attacks at the behest of LeT and conspiring to target a Danish newspaper, on Friday pleaded guilty to all terror charges before a US court here.

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.

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sharma by dheeraj on 19 Mar 2010

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

Headley by Kamal on 19 Mar 2010

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.

Hedley... by Giri on 19 Mar 2010

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.

Headly, the FBI and Indian Intelligence by Padam Singh on 19 Mar 2010

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

US MUST CO OPERATE WITH INDIA IF IT IS NOT A ROGUE STATE by M.N.S.Nampoothiripad on 19 Mar 2010

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.

U.S. Cooperation by Joseph Michael on 19 Mar 2010

India supported USSR when it occupied Afghanistan.When the U.S> and its allies attacked Afghanistan India supports them more acvtively. And you expect American cooperation? Great.

americans by naresh on 19 Mar 2010

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.

US MUST............ by M.N.S.Nampoothiripad on 19 Mar 2010

You are absolutely right. India should adopt a policy in our own interests.

Headley pleads guilty, but escapes extradition to India by MK on 19 Mar 2010

So many things are not said to Indian people by the Gov. but its easy to compare the proceedings 24-11-2008 Indian Police and Judiciary started working. 03-10-2009 American police and judiciary started working on this case. Both the country has own intelligence network. Indian system proved costly and still nothing has come out. The Chicago Consular Office was not even involved who issued visa to Pak. born against the fix payment which was under table. In Mumbai the police, and judiciary were looking after over time and fix incom till this case remains open. The Indians should not vote the corrupted members and kicked out the corrupt official persons, then only solution may come.

Hedley by Maran on 19 Mar 2010

The crime happened in India. The crime was committed by terrorists group nurtured in and by Pakistan. The whole crime plot was coined by a Pakistani American. The recent things happening around this case give suspicion whether the entire plot 26/11 was masterminded by Headley and LeT or by the US government through Headley. Hay Bharath matha please forgive all the citizens of India for electing a government which is not showing any sign of courage, patriotism to protect you. A third party negotiation will never work. Please talk to our neighbour firmly or use force. Spineless congress leaders please wake up.

headley and kasab by naresh on 19 Mar 2010

why to blame US, they are doing everything in their interests. we indians have to learn this technic from US . when pakistan was under pressure by putting Headley episode they virtually dented our claim that pakistan is a terrorist state,terror on india is state sponsored. now in world views Headley is the main culprit. on otherside hafiz saeed is roaming free in pak and issuing statement against india. US made us sit on dialogue table with no subject. bring us back in afganistan . so, anyone can see that we are working on the wish of US. its very clear from whole episode only Headley and Kasab are involved in mumbai attack and rest were dead.after sometime people of india will forget everything and bring the same people back to govern.

On Hadley confession by Ashim Kumar Chatterjee on 19 Mar 2010

News in India is broken in bits and pieces by media to persist with the same issue a bit longer, fill the columns or time space. This creates misunderstanding and wrong perceptions. Hadley's agreement mentions clearly "when directed by the United States Attorney%u2019s Office, he will fully and truthfully testify in any foreign judicial proceedings held in the United States by way of deposition, video-conferencing or letters rogatory." Therefore, MHA has said India can still pursue Hadley for investigation. US bashing, therefore, is irrelevant on this issue. In fact, India has gained much. US investigations and judicial process have now firmly established role of Pak soil in terrorism. US can't overlook it as it is accepted in their highly respected institution judiciary. Pak government and media is silent on Hadley confession. Now, India has to focus on exploding the "non state actor" theory of Pak. It wd have been easier had opp. parties supported a more active partnership with USA.

Tit for tat ... by Manoj on 19 Mar 2010

You are absolutely wrong. Democrats are bounty hunters without morals. Indian govt must treat them as such. Its time any politician visiting USA makes a stopover in Cuba.

Not willing to see my tax money going for care taking these cowards by Nag on 19 Mar 2010

Already we are spending crores of rupees to take good care of Mr. Ajmal Kasab. Its better Hadley be there in US prison and we get access to him.

US prosecution of Hadley by Yugesh shukla on 19 Mar 2010

Send even Kasab to USA It will more money,and Indian judiciary,seculars,human right activits, politicians,and media will never allow US like swift prosecution of a terrorist.

American justice by Chandarmohan Shinde on 19 Mar 2010

It was crystal clear that Headley was a double agent, looking at the urgency and secrecy the American agencies were handling his case. They wanted to save him under the guise of provisions in American law; in return of his services as their agent. This is enough to tear the mask on America's face that presents it as 'PEACE LOVING' nation. The true wicked face of America has come to the front. How can the American law be applicable for the heinous crime committed by its citizen on the Indian soil wherein many innocent lives were lost ? If Headley is given lenient punishment to escape extradition; then it is a shame on American Justice system. It is a shame on a nation whose President boasts himself as a Nobel laureate of peace !

Democrats v/s Republicans ... by Manoj on 19 Mar 2010

This would never happen if George Bush's Republicans were in power. This, after our Great Padma Shri Mr. Chatwal having great influence on Hilary Clinton. Indians in India must realize that Republicans serves India's interest much better than Democrats. Democrats are like our politicians. They only believe in TAKING and never in GIVING. The main reason behind is that Democrats wants India to be under their influence.

Headley episode by shanthanu on 19 Mar 2010

How many times do you want to slap our Netas. They are unmoved because they are immune to such criticisms. The Congress which is claiming credit as the oldest political party with 110 years experience is exhibiting its poorest performance in almost all fields and they are getting elected time and again with money power and murky methods.

sanitized story by yugesh shukla on 19 Mar 2010

This whole story from day one smells of white washing and sanitizing crimes of mother agency,who' pawn this guy is. And the best part is India has swolled/taken the whole nine yards of it.

Double Standard by Tharikadan on 19 Mar 2010

It is a well known fact that US is adopting a double policy while dealing with terrorism. They support Pakistan while criticising their role in terrorist activities. US is more keen to safeguard their commercial interest by supplying arms and amunitions. However, there is no reason to criticise US while India is soft on attackers of Parliament and is keeping them in safe custody spending Crores of Rupees.

Now the U.P.A Government by LALITH BHANSAL on 19 Mar 2010

Now the U.P.A Goverment will recommend David Headleys name for the Bharat Ratna award to the Rubber Stamp President of India.

TERRORIST HEADLEY and THE USA GOVERNMENT by Rajesh Vyas on 19 Mar 2010

The USA has finally shown it true colors that all this talk of war on terror and strategic relationship with India to fight terror is only on paper and meant to hoodwink the Extremely Naive Indian Government. Let us hope the PM and the Home Minister of India(THE MINISTER FOR EXTERNAL AFFAIRS MR.S M KRISHNA DOES NOT COUNT AS HE IS A TOTAL NON-ENTITY IN THE FOREIGN AFFAIRS) do not keep on running with begging bowls to the USA for US help every time there a terror attack on this country. Let the PM and the Home Minister know that we have to fight our own battles and wars if the war against terror has to be won. Let us stop being supplicants to the USA. The USA's hypocritic stand on fighting terror is superbly exposed. Let us only hope that Headley is not set free (DO NOT BE SURPRISED IF HE IS BEING A FBI DOUBLE AGENT)but is given a very very long jail term and is kept out of the civil society. He is a dangerous GUY to be roaming around the streets of the world. WILL USA RISE TO THIS?

INDIA LOOSES by N.ASTI on 19 Mar 2010

It seems that world is hesitating to trust UPA Govt(Not India) because of its appeasement policy and Vote-Bank politics.Unlike UPA,the US Govt takes care of its own security as the top priority.The way in which UPA rules, outsiders may doubt that bias approach can take place in some cases.Hence the Nation has to suffer for bringing Congress in power for whom party interest is first and Nation's interest last.This is a slap by the nature to UPA Govt who cared highest for US/Pak interest in the near past.

Headley by YD on 19 Mar 2010

I fully agree, but how you can change the thinking of illitrate Indian voters who vote for dead people ? It seems Congress is for you again after next elections because people will vote for Gandhi, Nehru, India Gandhi, Rajiv Gandhi etc.

Rats by Danzi on 19 Mar 2010

India has just ended up looking like a joker once again, it just goes to show what a weak political leadership we have, the US India can never be friends, the whole hadley case just shows us that how the US is also planning terror attacks against India, hope MMS & his ministers would at least now back off from glorifying the Inod-US relations, and show US where it belongs, we must start getting assertive & aggressive with these betrayers (US)

Rats by shanthanu on 19 Mar 2010

You are asking mules to bray at Lion? Is it ever possible?

Headley pleads guilty by Secular on 19 Mar 2010

In 1960, Israeli agents inflitrated into Argentina and kidnapped and brought back to Israel a man by the name Adolf Eichmann responsible for killing many Jews at the time of holocaust. He was tried in Israel and then put to death. Do Indians have that kind of will, guts and ability to bring back Headley to India?

This is outrageous by Krishna on 19 Mar 2010

This absolutely outrageous thing that Headley is escaping the long arm of Indian law. India MUST stop all intelligence sharing with US and Western countries at once until they understand our pain.

Stop licking and start asserting by Srinivas on 19 Mar 2010

Now, it is a good lesson to our stupid HM, who day in and day out talks something nonsense. Some sections of our media compares him with Sardar Patel. Every time terrorists attack India, this spineless coward goes to US and cries that Pakistan is doing all these act, and begs US to rein Pak. And, this is how US take action. US treats India as sanitary napkin and exploits weakness of Manmohan Singh and his colleagues only to its advantage - like protecting US interest through nuclear agreement, legislation on compensation which protects supplier from nuclear accident liability and so on. US treats Pak as their natural alley and support Pak%u2019s action wholeheartedly and it does not provide any support to India. It is high time for our hare-brained rulers stop licking and start asserting and acting.

reader comment by rohitchandavarker on 19 Mar 2010

Our Govt waxes eloquent about our relationship blah blah with the US.One simple question then, What TANGIBLE,ACTIONABLE support or help has the great US of A provided to us post 26/11? The perpetrators are merrily living their lives in Pak & elsewhere.Attacks continue.We are 'nudged'into talking to PAk.We are ignored in Af Pak strategies.We are hamstrung at every level.Latest weaponry is provided to Pak. Yet our Govt feels obliged to bend over backwards ALWAYS.

Wah!! by Zia on 19 Mar 2010

This is the difference between a country that takes no nonsense and the country which embraces it all with out any complain. Kasab must be having a good time, breathing in respite that he is in India!!

Plea Bargaining- A US-Law statute meant to reduce valuable court Time by ahirwan555 on 19 Mar 2010

A charge of conspiracy being lesser than actual act of terrorism diminishes Headley involvement in the 26/11 plot. moreover being a CIA informer exonerates much of his guilt. Also through his lead to the Americans, India was alerted to this attack,yet no steps were taken to counter it. So to expect full force of the Law against him is a pipe dream. Americans regularly infiltrated Taliban,LeT ranks through such intermediaries,who in order to gain their confidence had to carryout espionage for Taliban ,LeT etc. to prove their authenticity.So a double edged sword fell on Mumbai due to lack of vigilance by local authorities.

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