United States v. Yusuf (S.D. Cal. Nov. 15, 2010)

* United States v. Yusuf (S.D. Cal. Nov. 15, 2010)

Yet another indictment related to al-Shabaab, combining a pair of material-support conspiracy charges (under 2339A and 2339B) as well as an investigative charge (false statements in relation to an int’l terrorism investigation). I don’t have the indictment, but the press release (not a lot of detail here) appears below:

SAN DIEGO – An indictment charging San Diego resident Nima Ali Yusuf, 24, with conspiracy to provide material support to terrorists, conspiracy to provide material support to al-Shabaab and making false statements to a government agency in a matter involving international terrorism, was unsealed today, Laura E. Duffy, U.S. Attorney for the Southern District of California, announced.

With the assistance of Customs and Border Protection, special agents of the FBI arrested Yusuf on Nov. 12, 2010. On Nov. 15, 2010, U.S. Magistrate Judge Nita L. Stormes arraigned Yusuf on the indictment. Yusuf will be held without bail pending a detention hearing scheduled for Nov. 18, 2010.

According to U.S. Attorney Duffy, the arrest arises from an investigation by the San Diego Joint Terrorism Task Force.

The charge of conspiracy to provide material support to terrorists carries a maximum penalty of 15 years in prison and a $250,000 fine. The charge of conspiracy to provide material support to a foreign terrorist organization carries a maximum penalty of 15 years in prison and a $250,000 fine. The charge of making false statements to a government agency in a matter involving international terrorism carries a maximum penalty of eight years in prison and a $250,000 fine.

An indictment itself is not evidence that the defendants committed the crimes charged. The defendant is presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.

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.

Leave a comment

Your email address will not be published. Required fields are marked *