1. Musa’ab Al-Madhwani v. Obama (D.D.C. Dec. 14, 2009) (bench ruling denying GTMO habeas petition)
The Washington Post (Del Quentin Wilber) reports that Judge Hogan has denied habeas relief to Al-Madhwani, a Guantanamo detainee. There is as yet no written opinion, but the Post account provides the following interesting details of the oral ruling:
– The government’s evidence consisted primarily of the petitioner’s own statements, with one set of statements coming from interrogations and another coming from the petitioner’s appearances before CSRT and ARB panels.
– Judge Hogan declined to consider the interrogation-derived statements, which apparently were given early on during the petitioner’s confinement, on the ground that they were tainted by abusive interrogation techniques.
– Judge Hogan did consider, however, the statements which the petitioner gave to the CSRT and ARB panels, on the ground that the taint of the earlier abuse had worn off sufficiently by then. These statements included admissions that petitioner received military training at an al Qaeda camp, and that he had contact with Osama bin Laden.
– Relying on such statements, Judge Hogan found that the government had proved by a preponderance of the evidence that the petitioner was a member of al Qaeda.
2. United States v. Sadequee, United States v. Ahmed (N.D. Ga. Dec. 14, 2009)
A federal judge yesterday gave Sadequee a 17 year sentence, and gave Ahmed a 13 year sentence. DOJ’s press release offers the following account of their underlying actions:
Sadequee was born in Fairfax, Va., in 1986. He attended school in the United States, Canada and Bangladesh. In December 2001, while living in Bangladesh, he sought to join the Taliban, to help them in their fight against U.S. and coalition forces in Afghanistan.
Ahmed, a naturalized citizen born in Pakistan in 1984, came to the United States in the mid-1990s. He attended high school in Roswell and Dawsonville, Ga., followed by college studies at North Georgia College and Georgia Tech.
Sadequee and Ahmed began discussing their obligation to support jihad in late 2004. By this time, both Sadequee and Ahmed had become active on several web forums known to support the cause of violent jihad. These discussions quickly grew into an active conspiracy with others to provide material support to terrorists engaged in violent jihad. The evidence indicated that the material support consisted of (1) Sadequee, Ahmed, and other individuals who intended to provide themselves as personnel to engage in violent jihad, and (2) property, namely, video clips of symbolic and infrastructure targets for potential terrorist attacks in the Washington, D.C., area, including the U.S. Capitol, the World Bank headquarters, the Masonic Temple, and a fuel tank farm — all of which were taken by Sadequee and Ahmed to be sent to “the jihadi brothers” abroad.
At trial, the government presented evidence that Sadequee, Ahmed, and their co-conspirators used the Internet to develop relationships and maintain contact with each other and with other supporters of violent jihad in the United States, Canada, the United Kingdom, Pakistan and elsewhere. In support of the conspiracy, in March 2005 Sadequee and Ahmed traveled to Toronto to meet with other co-conspirators, including Fahim Ahmad, one of the “Toronto 18” suspects awaiting a terrorism trial in Canada. While in Canada, Sadequee, Ahmed, and their co-conspirators discussed their plans to travel to Pakistan in an effort to attend a paramilitary training camp operated by a terrorist organization, as well as potential targets for terrorist attacks in the United States.
In April 2005, Sadequee and Ahmed drove to the Washington, D.C., area to take the casing videos, which the government’s evidence showed they made to establish their credentials with other violent jihad supporters as well as for use in violent jihad propaganda and planning. Sadequee later sent several of the video clips to Younis Tsouli, aka “Irhabi007” (Arabic for “Terrorist 007”), a propagandist and recruiter for the terrorist organization Al Qaeda in Iraq, and to Aabid Hussein Khan, aka “Abu Umar,” a facilitator for the Pakistan-based terrorist organizations “Lashkar-e-Tayyiba” and “Jaish-e-Mohammed.” Both Tsouli and Khan have since been convicted of terrorism-related offenses in the United Kingdom and are imprisoned there.
The government’s evidence additionally showed that Sadequee and Aabid Hussein Khan, the convicted U.K.-based terrorist, using a members-only violent jihadist web forum known as “At-Tibyan Publications,” recruited at least two individuals to participate in violent jihad. One, a self-identified 17-year-old American convert, was praised by Sadequee for his “capacity of fulfilling [his] largest obligations in [his] native land.”
The government also presented evidence at trial that in July 2005, Ahmed traveled from Atlanta to Pakistan in an unsuccessful attempt to enter a paramilitary terrorist training camp and ultimately engage in violent jihad. While in Pakistan, Ahmed met with Aabid Hussein Khan, and the two discussed Ahmed’s intention of joining a camp. The day before Ahmed returned to Atlanta, Sadequee departed Atlanta for Bangladesh, carrying with him, hidden in the lining of his suitcase, an encrypted CD; a map of Washington, D.C., that covered all of the areas he and Ahmed had cased; and a scrap of paper with Aabid Hussein Khan’s mobile phone number in Pakistan.
Once in Bangladesh, Sadequee began to conspire more closely with Younis Tsouli and Mirsad Bektasevic, a Swedish national of Serbian origins. Specifically, Tsouli, Bektasevic, Sadequee and others formed a violent jihadist organization known as “Al Qaeda in Northern Europe.” The group was to be based in Sweden. The evidence at trial showed that in October 2005, Sadequee sought a visa that would allow him to relocate from Bangladesh to Sweden. Bektasevic was arrested in Sarajevo, Bosnia and Herzegovina, on Oct. 19, 2005. He and a co-conspirator were found in possession of over 20 pounds of plastic explosives, a suicide belt with detonator, a firearm with a silencer and a video recorded by Bektasevic demonstrating how to make detonators; showing an arsenal of semi-automatic weapons, grenades, explosives and other arms; and depicting Bektasevic and others placing a grenade booby-trap in a forest near Sarajevo. Sadequee had been in electronic and telephonic contact with Bektasevic as recently as three days before Bektasevic’s arrest, discussing the silencer and explosives Bektasevic had acquired for the group. Bektasevic has since been convicted of terrorism offenses in Bosnia and Herzegovina.
Meanwhile, after returning to Atlanta to resume his studies at Georgia Tech in August 2005, Ahmed remained in contact with Sadequee, expressed regret at his failure to join violent jihadists, conducted internet research on topics such as high explosives and defeating Special Operations troops, and discussed his intent to make another attempt to enter a violent jihad training camp. In March 2006, Ahmed was approached by FBI agents and agreed to a series of voluntary, non-custodial interviews over the course of eight days. Amid efforts to deny his illegal activities and mislead the agents, Ahmed made increasingly incriminating statements. Efforts by the FBI to obtain Ahmed’s cooperation in the ongoing international terrorism investigation ended after the FBI discovered that Ahmed was surreptitiously contacting Sadequee, who was still in Bangladesh, to advise him of the FBI investigation and to warn him not to return to the United States.
Ahmed was arrested on March 23, 2006, in Atlanta, on material support of terrorism charges. He has been in custody ever since.
Sadequee was arrested on April 20, 2006, in Bangladesh, on charges arising out of false statements he made in an August 2005 interview with the FBI in the Eastern District of New York (EDNY). Sadequee was indicted in the Northern District of Georgia on July 19, 2006, and transferred to Atlanta in August of that year, after the charges in EDNY were dismissed at the Government’s request.
- Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.
- Intelligence2012.01.24Military-Intelligence Convergence and the Law of the Title 10/Title 50 Debate
- Chesney's National Security Law Listserv Archive2012.01.23United States v. Boyd (E.D.N.C. Sep. 14, 2011) (yes, another guilty
- Chesney's National Security Law Listserv Archive2012.01.23United States v. Harpham (E.D. Wash. Sep. 7, 2011)
- Chesney's National Security Law Listserv Archive2011.08.24forthcoming scholarship