Headley can be directly quizzed by India on American soil: US

Yoshita Singh
Chicago, Mar 19 (PTI) Pakistani American terrorist
David Headley can now be directly questioned by Indian
investigators after his confession in a court here that he was
involved in the Mumbai terror attacks, although he will not be
extradited to India.
The US, which has so far denied India the right to
question Headley, arrested by the FBI in October last year,
said he has agreed to "fully and truthfully" participate in
this process which has to be undertaken only on US soil.
Headley, accused of plotting the 26/11 Mumbai attacks
at the behest of Pakistan-based Lashkar-e-Toiba and conspiring
to target a Danish newspaper, last night pleaded guilty to all
terror charges before a US court here.
Under the plea bargain, he has escaped death penalty
and got away with a life sentence. He also cannot be
extradited from the US.
"When directed by the US Attorney’s Office, Headley
must fully and truthfully participate in any debriefings for
the purpose of gathering intelligence or national security
information," the US Department of Justice has said in a
statement.
"Headley further agrees that, when directed by
the United States Attorney’s 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," the statement said soon after the 49-year-
old Chicago resident pleaded guilty on all 12 charges against
him.
Headley's lawyer John Theis told reporters after the
over 30-minute hearing held before US District Judge Harry
Leinenweber that "he has agreed to allow himself to be
interviewed by foreign governments in this country" as part of
the agreement.
India, which had pressed for the maximum death penalty
to Headley, can now approach the US to directly question him.
His admission of being trained in Pakistan terror
camps nails Islamabad's lie that such camps were
non-existence.
Headley faces six counts of conspiracy involving
bombing public places in India, murdering and maiming persons
and providing material support to foreign terrorist plots and
LeT; and six counts of aiding and abetting the murder of six
US citizens in the 26/11 attacks that killed 166 people.
Under the plea agreement, Headley cannot be extradited
to India, Pakistan or Denmark.
"Headley has agreed to not only continue his
cooperation with the government, which he has been doing since
October, but also to make himself available for interviews by
other governments in this country," Headley's attorney John
Theis told reporters after the over 30-minute hearing held
before US District Judge Harry Leinenweber.
Headley, who had pleaded not guilty on January 14 to
the charges against him, did a U-turn in the 35-page plea
agreement where he pleaded guilty to all the charges.
When asked, if this means that Indian investigators
could come to US and talk to Headley, even about the Mumbai
attacks, Theis said "Yes. If he refuses to talk to foreign
governments here, it would mean a violation of the plea
agreement".
The plea agreement states that whenever directed by
the US Attorney's Office, "Headley must fully and truthfully
participate in any debriefings for the purpose of gathering
intelligence or national security information."
Since his arrest in October, Headley has been
cooperating with the government and has provided substantial
assistance in the investigation of this case as well as
"critical" information regarding intelligence on other
matters.
He said all the information that Headley has given to
US authorities is and has been shared with India and Denmark.
Asked if plea agreement was a setback to India, Theis
said "I can't see how it can be interpreted as a setback for
India. They are going to have the same opportunities that the
US here to question Mr Headley and he will make himself
available."
"Obviously, his lawyer will be present but he is
required under the terms of the agreement to cooperate with
Indian authorities as well as Danish or Pakistani if they
choose to do the same thing," he said.
Through the 13 days that Headley "talked", he was
informed of his right to remain silent, of his right to
counsel, that anything he said could and would be used against
him.
"But he chose not to exercise those rights and in fact
to provide timely, thorough, trustworthy and complete
information," Headley's lawyer Robert Seeder added.
Seeder said the information provided by Headley has
"significantly helped the United States and has also aided
other countries".
The lawyers refused to comment on the issue of
Headley, son of a former Pakistani diplomat and a Philadelphia
socialite, being a double agent. "There is nothing in the plea
agreement about anything about that (his being a double
agent). I don't know where that kind of language comes from".
On whether Headley would get a life sentence, Theis
said the range of the sentence could be either life or any
other sentence less than that as authorised by law.
"It is obviously a complicated case. Sentencing is up
to Judge Leinenweber. This case has a long way to go," he
added.
Meanwhile, US Attorney spokesperson Randall Samborn
said life imprisonment in the case of Headley is the maximum
sentence without probation.
He said Headley is "not eligible for probation". PTI
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