FBI Agent Describes Padilla Code

Jose Padilla, also known as Abdullah al Muhajir, who was arrested in an alleged plot to spread radioactive material across parts of America, is shown in this undated file photo. The judge in the federal trial of alleged al-Qaida operative Jose Padilla refused Thursday, June 7, 2007, to require same-day release of tapes of wiretapped phone calls and other audio evidence to journalists. U.S. District Judge Marcia Cooke agreed with government arguments that the mandate sought by The Associated Press and other media outlets would have unfairly burdened the U.S. Attorney's Office, which prepares copies of such materials. (AP Photo/NBC News, File) (AP)

An earlier 1994 phone call between Jayyousi and another suspected conspirator, Kassem Daher, describes violence during the war in the Balkans. Daher was the purported Canadian link in the support network and was indicted in the Miami case, but he is in custody in Lebanon and not part of the trial.

In the call, Daher describes events in Bosnia involving Muslim forces.

"They cut the throats of two people. ... They captured two people and they immediately chopped off their heads," he says, adding later: "It's an important matter, but I cannot discuss it over the telephone."

Defense lawyers objected repeatedly to Kavanaugh's description of the calls, arguing that the testimony could mislead the jury. They sought to have the calls played while jurors followed along in transcripts with little commentary about their meaning from Kavanaugh.

"If they've got evidence, put it in," said Jayyousi attorney William Swor. "Not all of the spin. It is spin."

The 1996 call in which Padilla is mentioned by the name "Ibrahim" involved another man, Mohamed Hesham Youssef, discussing plans both had to travel to Egypt. A phone number included in the call matched that given by Padilla on a passport application, Kavanaugh testified.

Youssef was indicted in the Miami case but is in custody in Egypt and not part of the trial. Like Padilla, prosecutors say, he was recruited by the North American cell to fight for Muslim extremist causes overseas.

Prosecutors say Padilla was recruited in South Florida by Hassoun, then traveled to Egypt and eventually went to Afghanistan to train with al-Qaida.