caused the problems in Afghanistan." T. 319.
As to the "Big Meal" e-mail, the defendant asserts that it was
sent in July 2002 from Saudi Arabia as a result of what he was
told "by an old man" and a "taxi driver who was also involved in
the conversation." T. 321-22.
Approximately a week after this conversation, he heard that
"an explosion was going to happen in Saudi Arabia, but he had no
other information." T. 323.
The e-mail was not based on "firsthand information" and was
not such "that would lead one to conclude that this is some sort
of call to action or call to arms." T. 323.
The government has failed to establish that the defendant "is
a cause for any kind of immediate concern for safety in the
community." T. 323.
The defendant "denies that he was ever a member of al-Qaida
and denies that he is now a member of al-Qaida or has ever been
a member of al-Qaida, or has any intention of being a member of
al-Qaida." The government has failed to present "proof of
memberships by the defendant as [a] member of al-Qaida." T. 339.
The defendant denies that he knew "who it is that operated
[the al-Farooq] camp." The government knows "that at the time
[the defendant was] allegedly in Afghanistan, that there were a
number of factions of civil war going on within Afghanistan." T.
Since the government has a great deal of intelligence
information "with respect to activities in Afghanistan, it is
obligated to come forward with information in any way that
describes what the camp was for, what its purposes were, who
operated it, and how it is that [the defendant] allegedly [was
a] participant in it." T. 341.
The defendant also denies that he "took any sort of oath or
pledge to become [a] member of al-Qaida" which he asserts is a
requirement in order to become a member of al-Qaida. T. 341-342.
The government has failed to indicate how an "al-Qaida sleeper
cell" operates or how any other foreign terrorist organization
"sleeper cell" operates. The defendant denies being a member of
a "sleeper cell terrorist organization." T. 342-352.
The defendant has never "seen the video, seen a transcript of
this video, or [has] any knowledge of this particular video"
referred to by the government as containing a speech of Osama
bin Laden. T. 353.
The defendant also denies "any knowledge of having read what
is depicted on this page of the [government's] exhibit" and
further denies that he has "ever read the al-Qaida training
manual or its introduction, nor [has he] ever had anyone read it
to [him] or give [him] instruction with respect to the al-Qaida
training manual." T. 353-354.
Government's Rebuttal to Al-Bakri Proffer
The defendant admits, though his lawyer, that he was in
Afghanistan. T. 367.
The defendant gave a statement to the F.B.I. on September 11,
2002, the contents of which have not been denied by the
defendant. T. 367.
Alwan in his statement given to the F.B.I. states that the
defendant attended the al-Farooq training camp. T. 376.
The defendant admitted in his statement that while at the
al-Farooq camp, he was "a member of the al-Qaida" and that he
was "undergoing advanced training in antiaircraft weaponry." T.
The defendant admitted that "he was told he was going to see
The Most Wanted, saw a movie about the USS Cole, how they did
it, and also talked about Palestine and
Kashmir." T. 416. He also provided "the regimen at the al-Farooq
camp." T. 416.
"When he was at the camp, he was al-Qaida." T. 417.
Alwan also stated as to this defendant that his "purpose of
being in the camp was to receive training." T. 394.
The government asserts that the failure of the defendant to
report what went on in Pakistan and Afghanistan, i.e., the
guest house lectures and the training camp events, is indicative
of the secret nature of the defendant's activities and his
non-disavowal of Osama bin Laden and the principles of al-Qaida
thereby causing him to be a continuing danger to the community.
T. 384-386. There was a "conspiracy of silence" among all of the
defendants. T. 390.
SYNOPSIS OF GOVERNMENT'S SUPPLEMENTAL PROFFER OF
EVIDENCE, AFFIDAVIT OF WILLIAM J. HOCHUL, JR., SWORN TO
SEPTEMBER 27, 2002
"In mid-June, 2001, the government received information which
first raised suspicion regarding the defendants and their
possible attendance at an Usama bin Laden terrorist training
camp in Afghanistan," but because of insufficient information
"upon which to effectuate an arrest at this time," no arrests
were made. ¶ 3.
An investigation was commenced and "a number of pro-active
measures to protect the community" were undertaken, including,
at times, "around-the-clock surveillance of some of the
defendants which surveillance," it is believed, "was observed by
those defendants." ¶ 3.
Additional information has been obtained by the government as
a result of the ongoing investigation being conducted in this
case, and it is as follows:
The Defendant Goba.
Multiple audio cassette tapes were retrieved by investigators
pursuant to a search warrant at his last known address, ie.,
21 Wilkesbarre, Apartment 2, Lackawanna, New York, and according
to translators working for the F.B.I., three of the cassette
tapes appear to be highly incendiary in nature, and bear
specifically upon the question of whether the defendant poses a
danger to the community.
More specifically, . . . one of the tapes is entitled
`Caravan of Martyrs' and contains sounds of
battlefields (heavy artillery), and references to
such concepts as `Jihad is a duty,' a person's
existence is to live and die for Jihad, and become a
martyr. A second tape is entitled `Koranic
Recitations' and contains multiple statements from
the Koran calling for fighting and milartistic action
(e.g. `fight them until there is no more dissension,
and all religions become Allah's). ¶ 7.
The government asserts that the aforesaid quoted statements
"are of the type frequently quoted by radical Muslim clerics as
justifying terrorist attacks." 1 7.