Information on why Dubya Inc. pulled a switcheroo in charging Padilla:Shift on Suspect Is Linked to Role of Qaeda Figures
"The Bush administration decided to charge Jose Padilla with less serious crimes because it was unwilling to allow testimony from two senior members of Al Qaeda who had been subjected to harsh questioning, current and former government officials said Wednesday.
"The two senior members were the main sources
linking Mr. Padilla to a plot to bomb targets in the United States, the officials said.
"The Qaeda members were Khalid Shaikh Mohammed, believed to be the mastermind of the Sept. 11, 2001, attacks, and Abu Zubaydah, a top recruiter, who gave their accounts to American questioners in 2002 and 2003. The two continue to be held in secret prisons by the Central Intelligence Agency, whose internal reviews have raised questions
about their treatment and credibility
, the officials said.
"One review, completed in spring 2004 by the C.I.A. inspector general, found that Mr. Mohammed had been subjected to excessive use
of a technique involving near drowning
in the first months after his capture, American intelligence officials said."
"Another review, completed in April 2003 by American intelligence agencies shortly after Mr. Mohammed's capture, assessed the quality of his information from initial questioning as "Precious Truths, Surrounded by a Bodyguard of Lies."
It is likely that the above is one of the press reports Judge Luttig referred to in his opinion.