After being held for more than three years in U.S. custody, Jose Padilla has been charged with membership of a North American terrorist support cell and with conspiracy to carry out jihad in foreign countries
Attorney General Alberto Gonzales, who announced the charges at a news conference, said Padilla had been added to a revised 11-count indictment.
Padilla and four conspirators were charged with "conspiracy to murder, kidnap and maim persons in a foreign country ... for the purpose of opposing existing governments and civilian factions and establishing Islamic states under Sharia (Islamic law), and material support for terrorism."
Gonzales said Padilla, 34, will be transferred from military custody to the Justice Department.
"Mr. Padilla is now a new co-defendant -- along with Canadian national Kassem Daher -- in a criminal prosecution that previously charged defendants Adham Hassoun, Mohomed Youssef, and Kifah Jayyousi with terrorism-related crimes," Gonzales said.
"All of these defendants are alleged members of a violent terrorist support cell that operated in the United States and Canada," he said.
The indictment was handed up by a federal grand jury in Miami, Florida, on Thursday and the trial is scheduled for September, Gonzales said. If convicted, Padilla could face life in prison.
Padilla's attorney, Andy Patel, said he was not surprised at the indictment or the timing, with a petition pending before the U.S. Supreme Court over the constitutionality of the way "enemy combatants" have been handled by the Bush administration.
"The issue before the Supreme Court is still alive and active -- that the president signed an order to hold an American citizen for three years without criminal charges," Patel said. "The fact that they now decided to charge Mr. Padilla with a criminal offense doesn't mean they couldn't do this again to another person in the future."
"The Supreme Court will make the decision about whether or not they want to take this case."
In July, Patel argued before a federal appeals court in Richmond, Virginia, that the government ought to charge Padilla or release him.
"The fact that the government filed criminal charges is a vindication not just for Mr. Padilla, but for the whole constitutional process," he said.
The charges do not include conspiracy to commit terrorist acts in the United States.
Officials had said previously that Padilla is an "enemy combatant" who intended to conduct terrorism against the United States.
He had previously been linked with an alleged al Qaeda plot to detonate a radioactive "dirty bomb" in the United States and to blow up apartment buildings using natural gas.
The Brooklyn-born Padilla, a former gang member twice imprisoned in the United States, was arrested in May 2002 at O'Hare International Airport in Chicago, Illinois.
A convert to Islam, he took the name Abdullah al-Muhajir when he moved to Egypt in 1998. He allegedly trained at al Qaeda's military camps in Afghanistan in 2000 after being recruited by a Yemeni man he met on a pilgrimage to Mecca, according to the government.
The Justice Department said last year that Padilla has told interrogators that before the September 11 terror attacks he met with al Qaeda's late military chief, Mohamed Atef, about the apartment bombing plot, and Abu Zubaydah, the terror group's accused operations chief who is now in custody, about stealing radioactive material to be used in a crude explosive device.
FBI agents followed Padilla from Pakistan to O'Hare, arrested him on a material witness warrant and transferred him to New York.