MILNET Brief

MILNET Brief
Domestic Al Qaeda Membership, 10/12/2002

"...knowingly adhered to an enemy of the United States, namely, Al Qaeda, and gave Al Qaeda aid and comfort ... with intent to betray the United States,"

- DoJ Indictment, U.S. vs. Adam Yehiye Gadahn,

Just prior to the 2004 anniversary of the 9/11 attacks on the U.S., a video was received by ABC news from the so called American Al Qaeda, showing a masked man voicing rhetoric similar to a typical Al Qaeda vitoral against the U.S., Israel, U.K, and their allies.

It is now thought that the man responsible is Adam Yehiye Gadahn, a resident of Orange County, California, aged 28. Gadahn was indicted on three charges:

18 USC, 2381 TREASON;
18 USC , 2339B, PROVIDING MATERIAL SUPPORT TO A DESIGNATED TERRORIST ORGANIZATION; and
18 USC 2(A) AIDING AND ABETTING.

The indictment was brought by the U.S. Federal Grand Jury, Central District, however, the Federal Court has yet to set up its electronic filing for the case (10/12/2006), presumably because the government has no one in custody as of yet.

According to a 10/11 A.P. story"

"A grand jury returned the indictment against Adam Yehiye Gadahn, 28, a suspected al-Qaida operative sought by the FBI since 2004, said the official, who asked to remain anonymous because the indictment was to be announced later in the day.
Gadahn, who is believed to be in or near Pakistan, is believed to have attended the terrorist group’s training camps in Pakistan and served as one of its translators. He has become known by his nom de guerre Azzam al-Amriki, or “Azzam the American.” ³

To those following the trials of terrorists worldwise, it is a little more than irritating to see another suspected terroist has attended a terrorist training camp in Pakistan and had converted to Islam while in the United States and a U.S. citizen (see L.A. Terror Conspiracy and the Lodi Five cases)

According to the DOJ statement, the treason charge could carry as little as a 5 year sentence or up to the death penalty and the supporting a terrorist organization could have the potential of up to 15 years in prison. There is a $1.0 million reward for the capture of Gadahn, who was thought to be in Pakistan.

The man has appeared in Al Qaeda videos with Osama Bin Laden's chief lieutenant Dr. Zawahari. However, according to his mother (per the 10/11/2006 A.P. article ³), his wife (presumably in Pakistan) was expecting in March of 2001.

[ANALYSIS}:

It is not at all clear why the DOJ has waited so long to take the case before the grand jury. The implication is that there was a lac of evidence linking him to the crimes alleged until now. The Defense (should he be captured and returned to the U.S.) will certainly focus on the key bit of evidence that the indictment hinged upon at this late date.

[SPECULATION]:

It is quite possible that the Pakistani government had a good idea where to locate Gadahn, and the U.S. needed to provide proof to the government of Pakistan that the U.S. was ready to move the case into the courts rather than "lose him in the system" as some claim the U.S. has done (see the Jose Padilla case). At any rate, with the indictment in hand and the DOJ stating Gadahn is to be added to the FBI's most wanted list, it will be more difficult for Gadahn to travel without being picked up, and the indictment may also help the U.S. put pressure on Pakistan to capture and extradite the suspected terrorist.

The Documents:

The Indictment, U.S. Federal Grand Jury, Central District of the State of California, 10/2006
DOJ Statement, 10/11/2006

Sources:

American Al Qaeda Member Indicted for Treason, A.P., Fox News Online, 10/12/2006
U.S. vs. Yehiye Gadahan, Findlaw, 10/11/2006 (MILNET )
'Azzam The American' Charged With Treason, A.P., MSNBC, 10/11/2006
U.S. Citizen Indicted on Treason, Material Support Charges for Providing Aid and Comfort to al Qaeda, U.S. Department of Justice, 10/11/2006