U.S. Navy Sailor charged with Giving Information to Terrorists

His friends were surprised Hassan Abujihaad was arrested; they say they knew he was unhappy with American foreign policy, but they certainly didn’t expect the former Navy sailor to be arrested on charges of supporting terrorism.^[1] Abujihaad was accused of giving secret information about the location of Navy ships and the best ways to attack them, to a suspected terrorism financier.^[2]

Abujihaad asserts that his case was blown out of proportion and that he merely bought DVDs, however federal authorities say they recovered e-mails about videos Abujihaad ordered that promoted violent jihad.^[3] The investigation began at an Internet service provider in Connecticut and followed a suspected terrorist network across the country and into Europe and the Middle East.^[4] Babar Ahmad is also charged in the same case as, Ahmad is a British computer specialist who was arrested in 2004 and accused of running Web sites to raise money for terrorism.^[5] Ahmad is awaiting extradition to the U.S. to face trial. During a search of Ahmad's computers, investigators discovered files containing classified information about the positions of U.S. Navy ships and discussing their susceptibility to attack.^[6]

Abujihaad, a former Navy man, had an e-mail correspondence with Ahmad while he was on active duty aboard the USS Benfold, in 2000 and 2001, wherein he discussed naval briefings and praised Osama bin Laden and those who attacked the USS Cole in 2000.^[7]
Abujihaad was arrested March 7 in Phoenix, he was charged with one count of providing material support to terrorists with intent to kill U.S. citizens and one count of disclosing classified information relating to the national defense.^[8]

Abujihaad is accused of providing material support for terrorists under 18 U.S.C. § 2339A(a), apparently with the plan that others would commit acts of terrorism transcending national boundaries under 18 U.S.C. § 2332b, We have discussed §2339A previously, here.

18 U.S.C. § 2332b states that whoever, involving conduct transcending national boundaries and in a circumstance where the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States;^[9] kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States;^[10] or creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States.^[11]

18 U.S.C. § 793 covers the disclosing classified information relating to the national defense charge. It states in part, that it is a crime for a person, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense.

---

^[1] Former sailor accused of supporting terrorism was unhappy with U.S. policy, friends say, AP (via Int’l Herald Tribune Americas), March 23, 2007.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] 18 U.S.C. § 2332B(b)(1)(C) (2007).
^[10] Id., at §(a)(1)(A).
^[11] Id., at §(a)(1)(B).