nationalsecuritylaw United States v. Boyd (EDNC Feb. 2011

* United States v. Boyd (E.D. N.C. Feb. 2011) (guilty plea in material support case)

From the press release:

RALEIGH , N.C. — Daniel Patrick Boyd, aka “Saifullah,” 40, pleaded guilty today in federal court in New Bern, N.C., to conspiracy to provide material support to terrorists and conspiracy to murder, kidnap, maim and injure persons in a foreign country.

The guilty plea by Boyd, a U.S. citizen and resident of North Carolina, was announced by David Kris, Assistant Attorney General for National Security, and George E.B. Holding, U.S. Attorney for the Eastern District of North Carolina.

Boyd was first charged along with seven other defendants in a federal indictment returned on July 22, 2009. He was arrested on July 29, 2009 and the indictment was unsealed. On Sept. 24, 2009, a federal grand jury returned a superseding indictment that added additional charges against Boyd and two of the other defendants.

According to the superseding indictment, during the period from 1989 through 1992, Boyd traveled to Pakistan and Afghanistan where he received military-style training in terrorist training camps for the purpose of engaging in violent jihad. Following this training, according to the indictment, he fought in Afghanistan.

According to the indictment, from roughly November 2006 through at least July 2009, Boyd conspired with the other defendants to provide material support and resources to terrorists, including currency, training, transportation and personnel. The defendants also conspired with others to murder, kidnap, maim and injure persons abroad during this period. The object of the conspiracy, according to the indictment, was to advance violent jihad, including supporting and participating in terrorist activities abroad and committing acts of murder, kidnapping or maiming persons abroad.

The indictment further alleges that, as part of the conspiracy, the defendants prepared themselves to engage in violent jihad and were willing to die as martyrs. They also allegedly offered training in weapons and financing, and helped arrange overseas travel and contacts so others could wage violent jihad overseas.

In addition, the defendants raised money to support training efforts, disguised the destination of such monies from the donors, and obtained assault weapons to develop skills with the weapons. Some defendants also allegedly radicalized others to believe that violent jihad was a personal religious obligation.

At sentencing, set for May 2011, Boyd faces potential life in prison, followed by five years of supervised release, for conspiring to murder, kidnap, maim and injure persons in a foreign country and a potential 15 years in prison, followed by three years of supervised release, for conspiring to provide material support to terrorists.

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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