United States v. Bujol (S.D. Tex. June 3, 2010)

* United States v. Bujol (S.D. Tex. June 3, 2010)

A new material support prosecution, this one involving a man alleged linked to Anwar al-Aulaqi. Press release excerpts appear below, and the indictment is attached:

HOUSTON – A federal grand jury in U.S. District Court for the Southern District of Texas returned an indictment today charging Barry Walter Bujol Jr., with attempting to provide material support to a designated terrorist organization and aggravated identity theft, U.S. Attorney José Angel Moreno and FBI Houston Special Agent in Charge Richard C. Powers announced today.

The indictment charges Bujol, 29, a U.S. citizen and resident of Hempstead, Texas, with attempting to provide material support to Al Qaeda in the Arabian Peninsula (AQAP) in the form of personnel, currency, pre-paid telephone calling cards, mobile telephone SIM cards, global positioning system receivers, public access-restricted U.S. military publications, including one involving unmanned aerial vehicle (UAV) operations and another involving the effects of U.S. military weapon systems in operations in Afghanistan, as well as a military-issue compass and other materials. The maximum statutory penalty for this offense is 15 years in prison.

The second count of the two-count indictment charges Bujol with aggravated identity theft, alleging that in furtherance of the material support to a designated terrorist organization charge, he possessed and used a false government-issued identification card. The maximum statutory penalty for this offense is five years in prison, which must be served consecutive to any sentence imposed on other counts.

The charges resulted from a long-term investigation that culminated on May 30, 2010, when Bujol boarded a ship docked at a Houston-area port. According to court documents unsealed today, the FBI Joint Terrorism Task Force began investigating Bujol in 2008 and determined he had been communicating via e-mail with Anwar al-Aulaqi, a known associate and propagandist for AQAP. Among other things, the court documents allege that Al-Aulaqi had provided Bujol with a document entitled “42 Ways of Supporting Jihad,” and that Bujol had asked Al-Aulaqi for advice on how to provide money to the “mujahideen” overseas. In addition, Bujol made three unsuccessful attempts during February and March 2009 to depart the country and travel overseas to Yemen or the Middle East, according to the court documents.

Beginning in November 2009, the FBI introduced into the investigation a confidential human source (CHS) whom Bujol believed to be an AQAP operative. Over the ensuing months, the court documents allege, Bujol repeatedly expressed to the CHS his desire to travel overseas to fight in violent jihad for AQAP. The CHS provided Bujol with a false identification card provided by the FBI bearing Bujol’s photograph. Bujol used this card to gain access to the secure area of the port with the alleged intention of boarding a ship bound for the Middle East. Afterwards, the CHS gave Bujol currency, pre-paid telephone calling cards, mobile telephone SIM cards, global positioning system receivers, public access-restricted U.S. military publications, including one involving UAV operations and another involving the effects of U.S. military weapon systems in operations in Afghanistan, as well as a military-issue compass and other materials, which Bujol had allegedly agreed to courier to notional AQAP operatives in a Middle Eastern country. Shortly after Bujol boarded the ship with the material, FBI agents arrested him.

U.S. Magistrate Judge Stacey has ordered related search warrants for Bujol’s apartment at the Pine Meadows Apartments in Hempstead, Texas, and for his laptop computer unsealed today. Those search warrants were executed on May 30, 2010, as well. The United States has asked the court to hold Bujol in federal custody without bond pending trial. A hearing on the government’s motion is set for Tuesday, June 8, 2010, at 2:00 p.m.

Bujol Indictment.pdf

By Robert M. Chesney

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.

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