Al Delaema Extradited to the U.S.

The Netherlands' government has extradited naturalized Dutch citizen, Wesam al Delaema, for his alleged role in attacks on U.S. forces in 2003. Al Delaema, who we have previously discussed, will become the first suspect tried in a U.S. court for alleged terrorism in Iraq's violent insurgency.^[1] Al Delaema claims he is innocent and his lawyers have argued that the U.S. does not have the right to try him.^[2] U.S. authorities have stated that al Delaema will be tried in a federal court, not by a military commission such as those set up for terror suspects being held at Guantanamo Bay.^[3] Delaema pleaded not guilty to all charges Monday, January 29, in the U.S. Federal District Court for Washington D.C.^[4]

The evidence against him includes a videotape he filmed of a group called ''Warriors of Fallujah,'' where they were shown preparing a roadside bomb.^[5] Following a tip from U.S. authorities, police seized the tape in a raid on al Delaema's house in Amersfoort, Holland in May 2005.^[6] During his extradition hearings, he argued that he was forced to make the video after being kidnapped and beaten, and that he feared being beheaded if he resisted.^[7]

Al Delaema's indictment, filed at the U.S. District Court in Washington in July, charges him, among other things, with ''possession of a destructive device (explosives) during a crime of violence; and conspiracy to possess a destructive device during a crime of violence.''^[8] If he is convicted, he faces a maximum sentence of life in prison.^[9]

A person is guilty of possession of a destructive device during a crime of violence if, during any crime of violence for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm.^[10] If the firearm is a machinegun or destructive device (explosive), that person shall be imprisoned for any term of years or life.^[11]

Conspiracy to possess a destructive device during a crime of violence makes it against the law to teach, distribute information pertaining to, or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence.^[12]

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^[1] Toby Sterling, Dutch extradite suspect, AP (via Houston Chronicle, January 27, 2007.
^[2] Id.
^[3] Id.
^[4] Lara Jakes Jordan, Terror Suspect Pleads Not Guilty, AP(via San Francisco Chronicle), January 29, 2007.
^[5] Sterling, supra note 1.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] 18 U.S.C. § 924(o).
^[11] Id.
^[12] 18 U.S.C. § 842 (p)(2)(A).