nationalsecuritylaw United States v. Mahamud (S.D. Ohio June 2011) (material support indictment relating to al-Shabaab)

* United States v. Mahamud (S.D. Ohio June 2011) (material support indictment relating to al-Shabaab)

The indictment (charging offenses under both 2339A and 2339B) is attached. From the government press release:

MINNEAPOLIS – Earlier today in Columbus, Ohio, a 26-year-old man from Westerville, Ohio, was arrested for allegedly conspiring to provide material support to al-Shabaab, a designated foreign terrorist organization based in Somalia. After his arrest, Ahmed Hussein Mahamud made an initial appearance in federal court in the Southern District of Ohio. He will be transported to Minnesota, where the case against him will be prosecuted.

Mahamud was charged by way of indictment with one count of conspiracy to provide material support to terrorists, one count of providing material support to terrorists, one count of conspiracy to provide material support to a foreign terrorist organization and one count of providing material support to a foreign terrorist organization. The indictment, which was filed in the District of Minnesota earlier this week, was unsealed following Mahamud’s appearance in federal court this morning.

The indictment alleges that from a date unknown through the present, Mahamud conspired with others to provide material support, including money and people, knowing such support would be used in Somalia by members of al-Shabaab, a U.S.-designated terrorist group, in its fight against the Ethiopian military, which supports the Transitional Federal Government of Somalia (“TFG”) and African Union forces.

Court documents indicate that since September of 2007, approximately 20 young men have left the Minneapolis area for Somalia where they have trained with al-Shabaab. Many of them have gone on to fight with al-Shabaab against Ethiopian forces, the internationally-supported TFG, and African Union troops.

These charges stem from an ongoing, three-year investigation into the recruitment of persons from the U.S. to train with or fight for al-Shabaab. To date, a total of 18 persons have been charged in the District of Minnesota in indictments or criminal complaints that have been unsealed in connection with the traveler investigation. Eight of these Minnesota defendants have been arrested in the United States or overseas, five of whom have pleaded guilty. Of the remaining 10 defendants, eight are at large and believed to be abroad; two others are believed to have died in Somalia. In addition, two other persons have been charged in the District of Minnesota for allegedly raising funds for al-Shabaab.

Ahmed Hussein Mahamud 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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