Miami feds fight defense plan to question witnesses in Pakistan for South Florida terrorism case

October 22, 2012

The Miami Herald on October 21, 2012 released the following:

“Federal prosecutors are fighting the defense’s plan to question key witnesses in Pakistan in a Miami case accusing two South Florida Muslim clerics of aiding the Taliban.

BY JAY WEAVER []

Two South Florida Muslim clerics — a father and son separated by more than 50 years in age — are struggling to persuade a Miami federal judge to allow their lawyers to travel to Pakistan to question alleged Taliban sympathizers who might help their defense against terrorism charges.

Lawyers for Hafiz Khan and Izhar Khan, former imams of mosques in Miami and Margate, have already lost their first bid to travel with federal prosecutors to the U.S. Embassy in Islamabad to take depositions from five witnesses who do not want to come to Miami to testify at the upcoming trial.

Among the potential witnesses are two other Khan family members and another suspected Taliban supporter who were accused in the same case of conspiring to aid the Taliban with money and guns.

Last week, U.S. District Judge Robert Scola rejected the defense’s initial deposition plan — which was strongly opposed by federal prosecutors — as “unsafe and impractical.” But Scola left open the possibility for the defense’s alternative: allowing the Khans’ lawyers to question the witnesses at a hotel such as the Marriott in Islamabad in a live, videotaped deposition with the prosecutors participating from Miami.

“If there is a way for you to take their deposition, I’m going to let you do it,” Scola said, setting the stage for a final hearing Oct. 29.

The clock is ticking, however, because the “material-support” trial that initially drew national headlines is scheduled for early January. Bottom line, the defense said: No deposition, no fair trial.

“These witnesses are so important if we’re going to have any defense,” Izhar Khan’s lawyer, Joseph Rosenbaum, told the judge. “Without [the deposition], we don’t have a shot.”

Rosenbaum argued that that the prosecutors oppose any deposition of the Pakistani witnesses because their testimony could poke holes in the government’s case, which is built on phone recordings of the Khan family’s alleged network of fundraising for the Taliban, a U.S.-designated terrorist group.

He further argued that witnesses would provide “context” for the phone calls, proving that the defendants wired about $50,000 from Miami to Pakistan to aid schools and families in the embattled northwest territory known as the Swat Valley — not to fund the Taliban’s violence against the U.S. government interests in the region.

Assistant U.S. Attorneys Pat Sullivan and John Shipley said in court they were opposed to any deposition, even if it were taken at a modern hotel in Islamabad. They declined to say why at Thursday’s hearing.

In court documents, they opposed the defense’s initial deposition plan, saying Pakistan is dangerous and that the witnesses could not be questioned at the U.S. Embassy because of their involvement in the alleged crime of aiding the Taliban. A fourth witness for the defense, Noor Mohammed, is suspected of being a Taliban soldier, and a fifth is a Pakistani pharmacist who received some of the money transfers from Hafiz Khan’s foreign bank accounts.

On Thursday, the prosecutors called an FBI witness who served at the U.S. Embassy in Islamabad over the past year to testify about the safety risks of taking the deposition there as well as outside the diplomatic zone.

In court papers, they argued: “The entirety of the government’s case against these defendants concerns the Pakistani Taliban’s hostility, animosity and lethality towards United States citizens.”

By contrast, Rosenbaum called two female professors from the University of Colorado and University of Illinois who testified that Islamabad was a modern city of diplomats, business people and relative wealth. The witnesses said the city would be safe for both prosecutors and defense attorneys to conduct the deposition in an off-site hotel.

But Scola kept raising the question about whether it would be safe for U.S. prosecutors to travel to Pakistan if the public knew the purpose of the trip: Gathering testimony for a high-profile terrorism trial in Miami against alleged Taliban supporters.

“The question is whether it is safe for prosecutors to go to Pakistan,” said Scola, who also noted the well-known case of a teenage girl, Malala Yousufzai, who was recently shot in the head by the Taliban to silence her because she advocated education for girls.

The Miami terrorism indictment was filed with much fanfare in May 2011. Prosecutors charged Hafiz Khan, 77, former imam of the Flagler Mosque in Miami; Izhar Khan, 25, the one-time leader of the Masjid Jammat Al-Mumineen mosque in Margate; his sister, Amina Khan; her son, Alam Zeb; and Ali Rehman with conspiring to provide financial support for the Taliban from 2008 to 2010.

In June of this year, prosecutors dropped the charges against the elder Khan’s son, Irfan Khan, a one-time Miami cab driver, without explanation. Khan, a 39-year-old naturalized U.S. citizen, had been detained for almost a year before obtaining bail last April.

The FBI used a confidential informant, bank transfer records and more than 1,000 wiretapped phone calls to build the case against the Khan family and others.

In Pakistan, Hafiz Kahn’s daughter, Amina, and her son, Zeb, have said the federal case distorted the patriarch’s good deeds to help their family and relatives. Zeb, 20, said money sent from Miami was meant to repair a religious school founded by his grandfather and to help poor relatives rebuild houses damaged in fighting between the Pakistan army and the Taliban.

But the conspiracy indictment portrays Hafiz Khan as a talkative Muslim spiritual leader who solicited thousands of dollars from donors in the United States, directed family members to help disburse them and openly discussed deadly plots against foes who disagreed with strict Islamic law, or Sharia.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Adel Daoud Indicted By a Federal Grand Jury for Allegedly Trying to Detonate a Car Bomb Outside a Chicago Bar

September 21, 2012

Chicago Tribune on September 20, 2012 released the following:

“Man indicted for attempted bombing of Chicago bar

Peter Bohan
Reuters

CHICAGO (Reuters) – An 18-year-old man his attorney described as a “misguided kid” was denied bail and indicted on Thursday for attempting to detonate what he thought was a car bomb outside a Chicago bar.

Adel Daoud was subdued in federal court, dressed in bright orange prison clothing with shackled legs, a mop of frizzy black hair and a sparse beard and mustache. He exchanged a few words with his attorney but said nothing during the hearing.

Daoud, a U.S. citizen who lives in the Chicago suburb of Hillside, was arrested on September 10 after trying to explode a fake bomb provided by an undercover FBI agent as part of an investigation lasting several months, authorities said.

A grand jury on Thursday indicted him on two counts of attempting to use a weapon of mass destruction and maliciously attempting to use an explosive to destroy a building. If convicted on the first count, Daoud faces up to life in prison.

Daoud’s attorney Thomas Durkin argued before U.S. Magistrate Judge Arlander Keys that Daoud had been entrapped by the FBI and “this kid couldn’t build a bomb if his life depended on it.”

But Assistant U.S. Attorney William Ridgway read through details of the charges against Daoud with evidence recorded over months, including alleged comments that Daoud said he would “only be satisfied of 100 were killed and 300 injured” in the attack. Daoud had repeatedly rejected suggestions to delay or halt plans for the attack, Ridgway said.

Ridgway described Daoud as deceptive, charismatic and knowledgeable, arguing that the defendant was dangerous and a flight risk. The judge agreed.

“The evidence shows he was predisposed to do it before the FBI” got involved, Judge Keys said of the bomb plot, adding that Daoud appeared to have “a strong desire to kill Americans, felt justified in doing so, and the more he could kill the better.”

The judge ordered Daoud held without bail after the 20-minute hearing. Daoud shuffled out silently but glanced at his father, Ahmed, who was seated in the front row at court.

According to an FBI affidavit, Daoud used email accounts starting in about October 2011 to gather and send materials “relating to violent jihad and the killing of Americans.”

Undercover FBI employees began corresponding with Daoud in May and later provided Daoud with a Jeep apparently full of explosives – but which was an inert device produced by undercover law enforcement, according to the affidavit. Daoud was arrested after trying to detonate it outside a downtown bar located near the Chicago Board of Trade building.

Durkin, who has experience as a defense lawyer in terrorist trials including representing detainees held at Guantanamo Bay, told reporters after the hearing that he was not surprised by the denial of bail.

“No judge in the world is going to let anybody out on a terrorism case,” he said.

But he accused the FBI of coming down hard on Daoud because Islam and terrorism were involved and despite evidence that his father and two religious leaders had tried to dissuade Daoud from “ideas” like jihad.

“Anybody at 18 years old who was raised in America who would be seriously questioning those type of values I would think might have some mental issues, and I think the FBI would know that as well,” Durkin told reporters.

The next hearing will be an arraignment before U.S. District Judge Sharon Coleman. No date was set.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Man Offers Guilty Plea, Upending Terror Case

June 14, 2012

The New York Times on June 13, 2012 released the following:

“By BENJAMIN WEISER

A terrorism case in Manhattan that raised key questions about government interrogation tactics ended abruptly on Wednesday after the defendant pleaded guilty to conspiring to support a Somali terrorist group.

The defendant, an Eritrean man named Mohamed Ibrahim Ahmed, admitted in Federal District Court that he trained in a camp run by the Somali group, Al Shabab, in 2009. The case had been seen as a potential test of the Obama administration’s strategy of interrogating terrorism suspects for both intelligence and law enforcement purposes.

Indeed, the plea came as the judge, P. Kevin Castel, was poised to rule on a motion by Mr. Ahmed’s lawyers seeking suppression of statements he had made to the Federal Bureau of Investigation while he was in custody in Nigeria; his lawyers argued that the statements had not been voluntary and, thus, were inadmissible.

“I have in my hand a 60-page draft of the decision on the motion to suppress,” Judge Castel, holding up a thick document, said in court before accepting Mr. Ahmed’s plea. The judge did not reveal how he would have ruled on the motion, but said that the ruling itself would “now be suppressed.”

Mr. Ahmed, 38, who had lived in Sweden, was scheduled for trial on July 9. He had been accused of providing material support to a terrorist group, receiving training and bomb-making instruction in Shabab military camps in Somalia in 2009 and using a firearm in a crime of violence. The firearm count alone carried a mandatory minimum sentence of 30 years and a maximum sentence of life in prison. As a result of Mr. Ahmed’s plea — to two conspiracy counts — he faces a maximum sentence of 10 years when he is sentenced on Nov. 2, the judge said in court.

Mr. Ahmed’s lawyer, Sabrina Shroff, said after the proceeding, “I’m sure Mr. Ahmed would have liked to have challenged the actions of the United States.” But, she added, given the difference between a maximum 10-year sentence and what could have resulted from a guilty verdict, it would have been a “humongous risk” to go to trial.

Preet Bharara, the United States attorney in Manhattan, said Mr. Ahmed had “traveled a long way from his home in Sweden to Somalia, where he took up the cause of Al Shabab, a deadly terrorist organization and sworn enemy of the United States and its people.”

Mr. Ahmed told the judge that in Somalia, he contributed 2,000 euros to Al Shabab and trained in one of its military camps, knowing that the United States considered it a terrorist organization.

Mr. Ahmed was taken into custody by Nigeria in 2009 under suspicion of being an agent for Al Qaeda. He was later interrogated by separate groups of American officials, known colloquially as “dirty” and “clean” teams.

The first team questioned him for intelligence purposes, without advising him of his rights, prosecutors have said. About a week later, a second team, of F.B.I. agents, read him his rights, which he waived, and he began to make incriminating statements, the government says. An issue before the judge had been how separate the American officials kept the two interrogations.

A prosecutor, Benjamin Naftalis, told Judge Castel that had the case gone to trial, the evidence would have included Mr. Ahmed’s statements and testimony from cooperating witnesses. Prosecutors have said a former Shabab military commander has been cooperating; although he has not been identified, his description resembles that of Ahmed Abdulkadir Warsame, a Somali captured by the United States military last year and questioned aboard a naval vessel for about two months.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.