Former US Navy Sailor Convicted of Leaking Information to Suspected Terror Groups

Former United States Navy signalman Hassan Abu-Jihaad, 32, of Phoenix, Arizona, was convicted in a Connecticut Federal Court this week of providing material support to terrorists and disclosing classified national defense information.^[1]

Prosecutors alleged that Abu-Jihaad, an American-born Muslim convert formerly known as Paul R. Hall, leaked information regarding the movement of his ship, the destroyer USS Benfold, as well as the make-up, formation, and movement of the ship’s battle group when it was scheduled to pass through the Strait of Hormuz in the Persian Gulf during April of 2001.^[2]

Evidence presented during the trial included computer discs recovered from the London, England, home of an alleged terrorism supporter. One disc included files which detailed ship movements, the number and type of personnel aboard several navy vessels, as well as the capabilities of those ships.^[3]

At his May 23 sentencing, Abu-Jihaad faces up to 25 years in federal prison. His attorneys plan to appeal the guilty verdict, stating that the US government’s four-year investigation failed to prove Abu-Jihaad was responsible for the leaked information. During the trial, defense attorney Dan LaBelle attempted to show that much of the “inside information” allegedly leaked by Abu-Jihaad contained multiple factual errors, and was publicly available via press releases and websites.^[4],

Federal prosecutors acknowledged investigators found no direct proof that Abu-Jihaad leaked ship details, but noted that the leaked documents were of the type that Abu-Jihaad would have had access to while working as a signalman, adding that the disclosed information could only have been leaked by someone with inside access.^[5]

Abu-Jihaad, who received an honorable discharge from the US Navy in 2002, was charged as a result of an investigation into the activities of Babar Ahmad, a British citizen accused of running websites aimed at recruiting terrorism fighters and sympathizers, as well as raising money and obtaining equipment to support terrorists. Ahmad is currently awaiting extradition to the United States.^[6]

The crime of providing material support for terrorism is punishable under 18 U.S.C. 2339B.^[7] That statute makes it a crime to knowingly provide, attempt to provide, or conspire to provide material support or resources to a foreign terrorist organization. The penalty for violation of this statute is a fine or imprisonment up to 15 years, or both. If the death of any person results, the maximum sentence is life imprisonment.^[8] Disclosing national defense information to a person not entitled to receive it is punishable under 18 U.S.C. § 793(d).^[9] This federal statute criminalizes any attempt to deliver any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note to a person not entitled to receive it. The information disclosed must be related to the national defense, and must be of the type that could be used to injure the United States or give advantage to a foreign nation. Violation of this statute carries a maximum sentence of 10 years in prison. ^[10]

Federal criminal defense attorney Douglas McNabb discussed the Abu-Jihaad case previously here. Additionally, the crime of providing material support to terrorists can be discussed here, and the crime of disclosing national defense information to one not entitled to receive it can be accessed here.
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[1] John Christoffersen, Ex-Sailor Convicted in Terrorism Case, Associated Press, March 5, 2008 (available at www.washingtonpost.com).

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] 18 U.S.C §2339B (2008).

[8] Id.

[9] 18 U.S.C. §793(d) (2008).

[10] Id.