Former Navy Sailor Stands Trial for Alleged Support of Terrorists

The trial of a former Navy sailor alleged of providing material support to terrorists with intent to kill U.S. citizens and disclosing classified national security information began this past Monday.^[1] British investigators began the trial by describing the details they found in the sailor’s London home, including information on the vulnerability of a U.S. Navy battle group.^[2] U.S. prosecutors accuse the defendant, Hassan Abu-Jihaad, of passing that information on to individuals in London suspected of being terrorism supporters.^[3] Abu-Jihaad, an American convert to Islam, was formerly known as Paul R. Hall. He served as a signalman prior to receiving an honorable discharge from the Navy.^[4]

Abu-Jihaad pled not guilty to the charges against him and the defense counsel contends that the government’s case is very weak.^[5]

Abu-Jihaad was the target of the same British investigation that led to the 2004 arrest of Babar Ahmad, a British computer specialist alleged to have raised money via his website, appealed for fighters and provided equipment for terrorists.^[6] Ahmad is currently facing extradition to the U.S.

In the course of the investigation of Ahmad a computer floppy disk was found. According to computer expert Samantha Miller, that disk contained information on U.S. Navy ships and planned ship movements.^[7] Furthermore, the information on the disk included statements such as "They have nothing to stop a small craft with RPG (rocket-propelled grenade), etc., except their SEALS' stinger missiles."^[8]

In addition, the information on the disk included the makeup of the Navy battle group, outlined the battle group’s movements and provided an illustration of how the group's formation would look when it passed through the Straits of Hormuz on April 29, 2001.^[9] Moreover, it included information on the personnel of each ship and the ships' capabilities. The information also ended with instructions that the message was to be destroyed.^[10]

Prosecutors admit that they do not have any direct proof that Abu-Jihaad leaked the information found on the disks.^[11] However, they contend that Abu-Jihaad spoke with Ahmad through e-mail in both 2000 and 2001.^[12] Investigators say that in those e-mails Abu-Jihaad discussed naval briefings and praised Osama bin Laden.^[13]

Prosecutors intend to bolster their case by playing intercepted phone calls to demonstrate what they believe is Abu-Jihaad's coded speech.^[14] Investigators believe that Abu-Jihaad spoke of "hot meals" and "cold meals" in reference to intelligence that could be used to strike American military targets.^[15]

Abu-Jihaad's attorneys believe those statements are irrelevant. The trial is expected to last one to two weeks.^[16]

Crimes for the material support of terrorism are punishable under 18 U.S.C. 2339B.^[17] That statute makes it a crime to knowingly provide, attempt to provide, or conspirer to provide material support or resources to a foreign terrorist organization. The penalty for this violation is a fine or imprisonment for not more than 15 years, or both, and, if the death of any person results, shall be imprisonment for any term of years or for life.^[18]

Disclosing national defense information to a person not entitled to receive it is punishable under 18 U.S.C. § 793(d).^[19] That statute criminalizes any attempt to deliver to a person not authorized to receive it, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note related to the national defense that could be used to injure the United States or give advantage to a foreign nation.^[20] Violation of this statute carries a maximum sentence of 10 years in prison.^[21]

Abu-Jihaad is alleged to have violated both of these statutes and could face a maximum penalty of 25 years.

Federal criminal defense attorney Douglas McNabb has discussed the terrorism crime of providing support to terrorists extensively in this blog, as well as the crime of disclosing national defense information to one not entitled to receive it; these posts can be accessed here and here.

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[1] John Christoffersen, Terror Trial Starts for Ex-Navy Sailor, Associated Press, Feb. 25, 2008 (available at www.ap.org).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17]18 U.S.C. § 2339B (2008).
[18] Id.
[19]18 U.S.C. § 793(d) (2008).
[20] Id.
[21] Id.