Ohio Man to be Prosecuted for Aiding Terrorists: Paul

A federal grand jury indicted Christopher Paul, a U.S. citizen, on charges of joining al-Qaida and conspiring to bomb European tourist resorts and U.S. government facilities and military bases overseas.^[1] The investigation took four years, covering three continents and at least eight countries, FBI agent Tim Murphy said.^[2]

Paul allegedly trained with al-Qaida in the early 1990s and told al-Qaida members in Pakistan and Afghanistan that he was commited to violent jihad.^[3] After finishing his al-Qaida training in the early 1990s, he returned to Columbus to teach martial arts at a mosque, and then he allegedly traveled to Germany around April of 1999 to train co-conspirators to use explosives to attack European and U.S. targets, including government buildings and vacation spots frequented by American tourists.^[4]

The prosecution is asserting that Paul sent a wire transfer of $1,760 from a financial institution in the U.S. to an alleged co-conspirator in Germany; a fax machine in his home contained names, phone numbers and contact information for key al-Qaida leadership and associates; Paul was storing material at his father's house in Columbus, including a book on improvised land mines, money from countries in the Middle East; and there is a letter to his parents explaining that he would be “on the front lines.”^[5]

“The indictment of Christopher Paul paints a disturbing picture of an American who traveled overseas to train as a violent jihadist, joined the ranks of al-Qaida and provided military instruction and support to radial cohorts both here and abroad,'' Assistant U.S. Attorney General Kenneth Wainstein said in a statement.^[6]

Paul, who was arrested Wednesday outside his apartment, is charged with providing material support to terrorists, conspiracy to provide support to terrorists and conspiracy to use a weapon of mass destruction.^[7]

Since the alleged plot never made it past the planning stages, the government is bringing conspiracy charges against Paul. If an indictment includes a conspiracy charge under 18 U.S.C. § 371, the government has the burden to prove not only that the individuals conspired to commit an offense against the U.S., but also that an overt act was taken to further the purpose of the conspiracy. That may be difficult to prove because, so far, no weapons have been found. The government, however, may try to argue that the alleged paramilitary training, the letter to his parents, or perhaps the land mine instruction book will suffice as the requisite overt act.

However, the conspiracy charges brought under 18 U.S.C. § 2332a(a) (use of certain weapons of mass destruction), has no overt act requirement. Under this statute, any person who conspires to use a weapon of mass destruction against any person in the United States can be imprisoned for any term of years or for life. A weapon of mass destruction under this statute has a more expansive definition than many people realize; as we mentioned when we discussed Zacarias Moussaoui, the term includes bombs, grenades, and greater-than-.50-caliber firearms.^[8]

We have previously discussed the crime of providing material support to terrorists here, and here.

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^[1] Matt Leingang, U.S. Man Accused of Plot to Bomb Resorts, Associated Press Newswire, Apr. 12, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] 18 U.S.C. § 2332a(c)(2)(A).