By Ted Bridis, Associated Press, 06/10/02

WASHINGTON -- The U.S. government has arrested an American citizen accused of conspiring with al-Qaida terrorists to build and detonate a radioactive "dirty" bomb in this country, possibly in the nation's capital.

Attorney General John Ashcroft said that Abdullah Al Muhajir, a former Chicago street gang member who also goes by the name of Jose Padilla, was in the custody of the U.S. military and was being treated as an enemy combatant.

A Justice Department official said that under U.S. legal rules, Muhajir can be held indefinitely an as enemy soldier. But there are no plans to impose a military tribunal or otherwise press U.S. criminal charges against Muhajir, said this official, discussing the case only on grounds of anonymity.

Lt. Col. Rivers Johnson, a Pentagon spokesman, said Muhajir would not be eligible for trial by a military tribunal set up under Defense Department rules issued in March because those tribunals are for alleged terrorists who are not U.S. citizens.

Ashcroft, who was in Moscow on other business, made the announcement through a television hookup. He said Muhajir, who converted to Islam, was arrested May 8 as he flew from Pakistan into Chicago's O'Hare International Airport. The 31-year-old is a native of New York City who moved to Chicago at age 4.

"We have disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive dirty bomb," he said, adding that the government's suspicions about Muhajir's plans came from "multiple, independent, corroborating sources."

In a picture-taking session with visiting Israeli Prime Minister Ariel Sharon, President Bush said in response to a question: "We have a man detained who is a threat to the country and that, thanks to the vigilance of our intelligence-gathering and law enforcement, he is now off the street, where he should be."

Deputy Attorney General Larry Thompson, asked at a news conference here whether authorities had identified any co-conspirators in the United States, replied, "We're not going to comment on that."

FBI Director Robert Mueller said, "Our principal interest is in preventing future terrorist attacks. This instance is an example of prevention."

Another senior administration official speaking on condition of anonymity said Muhajir was trained by al-Qaida in Afghanistan and Pakistan to wire explosives and to research radioactive dispersal devices. He was not believed to have had a bomb at the time of his apprehension.

"We have no information that suggests this advanced beyond planning stages," said White House press secretary Ari Fleischer.

Deputy Defense Secretary Paul Wolfowitz, appearing at a news conference with Thompson and Mueller, said officials could not say with certainty that the nation's capital was the likely target, although he said Muhajir "did indicate knowledge of the Washington, D.C. area."

A "dirty bomb" would not result in a nuclear explosion, but experts say such a device could release relatively small amounts of radiation over several city blocks. Its most devastating effect would be in the panic it likely would cause. For that reason, it has been called an ideal terrorist weapon.

Muhajir was taken Monday morning to a high-security Navy brig in Charleston, S.C., said Johnson, who also said that Muhajir was transferred from Justice Department custody in New York City.

Muhajir had a lawyer in New York but his access to a lawyer probably will be severely restricted now that he is in military custody, Johnson said. He said the alleged al-Qaida operative was being held separately from other prisoners at the brig.

Ashcroft said Muhajir had served prison time in the United States in the early 1990s, then traveled to Afghanistan and Pakistan during 2001 and met with al-Qaida officials. Ashcroft said Muhajir "trained with the enemy, including studying how to wire explosive devices and researching radiological dispersion devices."

Ashcroft said al-Qaida apparently believed that Muhajir would be permitted to travel freely within the United States because of his U.S. citizenship and because he carried a U.S. passport.

A government official who asked not to be named publicly said the intelligence that led to Muhajir's arrest came from captured al-Qaida leader Abu Zubaydah during recent interrogations.

This official said Muhajir is a former Chicago street gang member who converted to Islam after serving time in the United States, and met with an al-Qaida leader in 2001, before returning to the United States.

Said Ashcroft: "We have acted with legal authority both under the laws of war and clear Supreme Court precedent, which establishes that the military may detain a United States citizen who has joined the enemy and has entered our country to carry out hostile acts."

Muhajir discussed several terrorist plans with Abu Zubaydah, the bin Laden lieutenant now in U.S. custody, according to a U.S. official.

Muhajir first met with Abu Zubaydah in Afghanistan in 2001, and traveled to Pakistan at Abu Zubaydah's request, the official said, adding that he was one of a group that traveled with Abu Zubaydah to several locations in Pakistan.

Muhajir and another unidentified associate researched dirty bombs in Lahore, Pakistan, the official said.

"The radiological device plan articulated by (Muhajir) Padilla and his associate was in the planning stages, and no specific time was set to occur," the official said.

At Abu Zubaydah's behest, he also traveled to Karachi, Pakistan, to meet with several senior al-Qaida operatives, to discuss the plan, the official said. Muhajir also was interested in plans to bomb hotel rooms and gas stations in the United States, the official said.

It was unclear whether any of these meetings took place after Sept. 11.

Bush, based on recommendations from Ashcroft and White House counsel Al Gonzales, designated the suspect as a combatant in papers signed late Sunday. That designation allowed the Defense Department to take custody of Muhajir from the Justice Department.

"Based on the facts in this case and the importance of protecting sources who helped us get him, the determination was made that DOD is best for his detention," an official said, speaking on condition of anonymity. This official said the administration does not know how close the suspect was to obtaining a so-called "dirty bomb."