United States v. Mohamud (D. Or. Nov. 26, 2010)

* United States v. Mohamud (D. Or. Nov. 26, 2010)

FBI agents and police in Oregon yesterday arrested Mohamed Osman Mohamud, a naturalized citizen originally from Somalia, after Mohamud attempted to set off explosives at a Christmas tree lighting in Portland. The affidavit supporting the criminal complaint in yesterday’s arrest is attached. A summary from DOJ’s press release follows:

PORTLAND – Mohamed Osman Mohamud, 19, a naturalized U.S. citizen from Somalia and resident of Corvallis, Ore., has been arrested on charges of attempting to use a weapon of mass destruction (explosives) in connection with a plot to detonate a vehicle bomb at an annual Christmas tree lighting ceremony earlier this evening in Portland, Ore., the Justice Department announced.

According to a criminal complaint signed in the District of Oregon, Mohamud was arrested by the FBI and Portland Police Bureau at approximately 5:40 p.m. (PST) Nov. 26, 2010 after he attempted to detonate what he believed to be an explosives-laden van that was parked near the tree lighting ceremony in Portland’s Pioneer Courthouse Square. The arrest was the culmination of a long-term undercover operation, during which Mohamud had been monitored closely for months as his alleged bomb plot developed. The device was in fact inert; and the public was never in danger from the device.

According to the affidavit filed in support of the criminal complaint, in August 2009, Mohamud was in email contact with an unindicted associate (UA1) overseas who is believed to be involved in terrorist activities. In December 2009, while UA1 was located in the northwest frontier province of Pakistan, Mohamud and UA1 discussed the possibility of Mohamud traveling to Pakistan to engage in violent jihad. UAI allegedly referred Mohamud to a second unindicted associate (UA2) overseas and provided Mohamud with a name and email address to facilitate the process.

In the months that followed, Mohamud allegedly made several unsuccessful attempts to contact UA2. Ultimately, an FBI undercover operative contacted Mohamud via email in June 2010 under the guise of being an associate of UA1. Mohamud and the FBI undercover operative then agreed to meet in Portland in July 2010. At this meeting, Mohamud allegedly told the FBI undercover operative that he had written articles that were published in Jihad Recollections, an online magazine that advocated violent jihad. Mohamud also indicated that he wanted to become “operational.” Asked what he meant by “operational,” Mohamud stated that he wanted to put an “explosion” together, but needed help.

At a second meeting in August 2010, Mohamud allegedly told undercover FBI operatives he had been thinking of committing violent jihad since the age of 15. According to the affidavit, Mohamud then told the undercover FBI operatives that he had identified a potential target for a bomb: the annual Christmas tree lighting ceremony in Portland’s Pioneer Courthouse Square on Nov. 26, 2010.

According to the affidavit, the undercover FBI operatives cautioned Mohamud several times about the seriousness of this plan, noting there would be many people at the event, including many children, and emphasized that Mohamud could abandon his attack plans at any time with no shame. “You know there’s gonna be a lot of children there?” an undercover FBI operative asked Mohamud. According to the affidavit, Mohamud responded that he was looking for a “huge mass that will . . . be attacked in their own element with their families celebrating the holidays.” Further discussing the attack, Mohamud allegedly stated, “…it’s in Oregon; and Oregon like you know, nobody ever thinks about it.”

The affidavit alleges that in subsequent months, Mohamud continued to express his interest in carrying out the attack and worked on logistics. He allegedly identified a location to place the bomb and mailed bomb components to the undercover FBI operatives, who he believed were assembling the device. He also mailed them passport photos, as part of a plan to help him sneak out of the country after the attack. In addition, Mohamud provided the undercover FBI operatives with a thumb drive that contained detailed directions to the bomb location and operational instructions for the attack.

According to the affidavit, on November 4, 2010, Mohamud and the undercover FBI operatives traveled to a remote location in Lincoln County, Ore., where they detonated a bomb concealed in a backpack as a trial run for the upcoming attack. Afterwards, on the drive back to Corvallis, undercover FBI operatives questioned Mohamud as to whether he was capable of looking at the bodies of those who would be killed in the upcoming attack in Portland. According to the affidavit, Mohamud responded, “I want whoever is attending that event to leave, to leave either dead or injured.”

Upon returning to Corvallis that same day, the affidavit alleges that Mohamud recorded a video of himself with the undercover FBI operatives in which he read a written statement that offered a rationale for his bomb attack. On Nov. 18, 2010, undercover FBI operatives picked up Mohamud to travel to Portland in order to finalize the details of the attack.

Earlier this evening, Mohamud was arrested after he attempted to remotely detonate what he believed to be explosives in a van that was parked near the Christmas tree lighting ceremony in Portland, the affidavit alleges.

1 Affidavit COMPLAINT 11 26.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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