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Immigration and Terrorism: Beyond the 9/11 Report, Part III By: Janice L. Kephart
FrontPageMagazine.com | Saturday, October 01, 2005


Click Here to go to Part I of this article; Click Here to go to Part II.

ENDNOTES:

1 I covered the legacy Immigration and Naturalization Service (INS) while my closest colleague, Tom Eldridge, primarily covered consular affairs at the State Department. Another colleague, Walt Hempel, did essential work on reviewing alien files of terrorists and helping me vet complex immigration law questions. My other colleague, Kelly Moore, while joining us late in the game, did essential work helping us edit and fill in intelligence portions of the report. We could not have done any of this work without the support of the 9/11 Commissioners and Executive Director Philip Zelikow, Deputy Director Chris Kojm, General Counsel Dan Marcus, and the ingenuity of Susan Ginsburg. Each gave us necessary go-aheads at various critical junctures during our investigation and production of the report.

2 9/11 and Terrorist Travel is available in book form from Hillsboro Press.

3 There is no immigration arrival record for Abdel Hakim Tizegha, an associate of Ahmed Ressam in the Millennium plot. He fraudulently claimed political asylum (he stated he was harassed by Muslim fundamentalists in Algeria). His story was that he entered Boston as a stowaway on an Algerian tanker. He was released pending a hearing, which was rescheduled five times. His claim was finally denied two years later, but was appealed, allowing him to stay. Nine months later he could not be located. See 9/11 and Terrorist Travel: A Staff Report of the National Commission on Terrorist Attacks Upon the United States (Franklin, Tenn.: Hillsboro Press, 2004), p. 58.

4 9/11 Commission Report, p. 145. Unless otherwise noted, the biographical information on KSM is drawn from the 9/11 Commission Report, pp. 145–50, and the accompanying endnotes.

5 Kahane was later assassinated by El Sayyid Nosair, who was also indicted in the 1993 WTC bombing.

6 9/11 and Terrorist Travel: A Staff Report of the National Commission on Terrorist Attacks Upon the United States (Franklin, Tenn.: Hillsboro Press, 2004), p. 39.

7 Khalid Abu Al-Dahab was a travel facilitator for al Qaeda, and married three U.S. citizens. With the third marriage, he was granted legal permanent residency and became naturalized. See 9/11 and Terrorist Travel: A Staff Report of the National Commission on Terrorist Attacks Upon the United States (Franklin, Tenn.: Hillsboro Press, 2004), at p.57.

8 9/11 and Terrorist Travel: A Staff Report of the National Commission on Terrorist Attacks Upon the United States (Franklin, Tenn.: Hillsboro Press, 2004), at pp. 187-189.

9 Mohammed Salameh attempted to use SAW to acquire residency. Although he failed to acquire LPR status as he sought, filing under the law enabled him to stay legally in the United States. 9/11 and Terrorist Travel: A Staff Report of the National Commission on Terrorist Attacks Upon the United States (Franklin, Tenn.: Hillsboro Press, 2004), at pp. 193-194. Brothers Mahmud and Mohammed Abouhalima both acquired residency under SAW, Id. at pp. 194-195 and p. 190. Fares Khallafalla married a U.S. citizen and received LPR status under SAW, Id. at 53, 199.

10 Office of Immigration Statistics, Department of Homeland Security, G-22.3 Naturalization Summary Chart.

11 Plea Agreement, U.S. v. Faris. (E.D. Va. 03-189-A). May 1, 2003. (Unsealed June 19, 2003).

12 "Iyman Faris Sentenced for Providing Material Support to Al Qaeda." U.S. Department of Justice Press Release. Oct. 28, 2003. Available at http://www.usdoj.gov/opa/pr/2003/October/03_crm_589.htm  Accessed July 9, 2004.

13 Statement of Facts, U.S. v. Faris. (E.D. Va. 03-189-A). May 1, 2003.

14 Government’s motion to detain defendant and memorandum in support, U.S. v. Abdi. (S.D. Oh. 2:04-CR-88). June 14, 2004.

15 Government’s motion to detain defendant and memorandum in support, U.S. v. Abdi. (S.D. Oh. 2:04-CR-88). June 14, 2004. See also Susan Schmidt, "Trucker Pleads Guilty in Plot by Al Qaeda." The Washington Post. June 20, 2003.

16 Statement of Facts, U.S. v. Faris. (E.D. Va. 03-189-A). May 1, 2003. (Unsealed June 19, 2003.)

17 Ibid.

18 R. Jeffrey Smith and Amy DePaul, "‘Scout’ Had Low Profile." The Washington Post. June 21, 2003.

19 Statement of Facts, U.S. v. Faris. (E.D. Va. 03-189-A). May 1, 2003. (Unsealed June 19, 2003.)

20 Ibid. The FBI first interviewed Faris shortly after 9/11; federal agents followed him when he traveled to New York. See Ted Wendling, "Ohio Agents Tailed Terrorist." Cleveland Plain Dealer. June 21, 2003.

21 Report of Italian Intelligence (DIGOS) to the District Attorney, Milan, May 15, 2002, Terror threat of Islamic origin.

22 Conversation taped by Italian police in Milan, June 2,2004. See also "Casare con cristianas." El Mundo (Spanish national daily newspaper). Oct. 6, 2004.

23 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004, at pp. 53, 199.

24 Id. at pp. 52, 197-198.

25 Kevin Peraino and Evan Thomas, "Odyssey Into Jihad: April Ray’s husband became bin Laden’s secretary. Now he’s behind bars. Her brush with the shadowy world of Al Qaeda." Newsweek. Jan. 14, 2002.

26 When Mohamed acquired the list of unindicted co-conspirators in the 1993 World Trade Center case, which included his name, he sent it to El-Hage (then in Kenya acting as Bin Ladin’s personal secretary), expecting it to be forwarded to Bin Ladin in Khartoum. See Steven Emerson, American Jihad: The Terrorists Living Among Us. New York: Simon & Shuster, 2002 at p. 59.

27 Complaint, U.S. v. Wadih el Hage. (S.D. NY) Aug. 26, 1998.

28 The immigration information in this paragraph is derived from 9/11 and Terrorist Travel at p. 57.

29 Superseding Indictment, U.S. v Hammoud, et al. (W.D. NC 00-CR-147) Mar. 28, 2001.

30 The reference here is to Mohamad Youssef Hammoud, Mohamad Atef Darwiche, and Ali Fayez Darwiche. See also Superseding Indictment, U.S. v Hammoud, et al. (W.D. NC 00-CR-147) Mar. 28, 2001.

31 Superseding Indictment, U.S. v Hammoud, et al. (W.D. NC 00-CR-147) Mar. 28, 2001.

32 U.S. v. Hammoud, 381 F.3d 316, 65 Fed R. Evid. Serv. 338 (4th Cir. (N.C.) Sep 08, 2004) (No. 03-4253).

33 Hammoud v. U.S., 125 S.Ct. 1051(Jan. 24, 2005 (NO. 04-193). On remand to U.S. v. Hammoud, 405 F.3d 1034 (4th Cir. Apr 27, 2005) (NO. 03-4253).

34 The PIJ as well as Hamas have as their ultimate aim the destruction of Israel and the creation of an Islamic state from the Jordan River to the Mediterranean Sea; however, they have distinct political priorities and conflicting views on the degree of Islamic rule over the Palestinian ummah (community). Both vie for adherents in the Middle East.

35 Affidavit of INS Supervisory Special Agent William West In re: Search of ICP/WISE Offices, et al. Nov. 17, 1995.

36 Superseding Indictment, U.S. v. Al-Arian, et al. (M.D. Fl.. 03-CR-77)." Sept. 21, 2004 at p. 21.

37 Mazen A. Al Najjar Curriculum Vitae.

38 Title Page. Qira‘at Siyasiyyah. Vol. 1 No. 1 (Winter 1991).

39 Affidavit of Jan Fairbetter In the Matter of Mazen Al Najjar In Deportation Proceedings.Oct. 13, 2000 at p. 2. Former INS supervisory agent (working on the Al Arian case since 1995) William D. West explained, "The marriage fraud evidence was not used as a basis for the underlying deportation charge, which was his overstaying his original student visa (F-1) authorized period of admission. We used the evidence of the marriage fraud primarily in the hearings related to the denial of discretionary relief from deportation and in the custody proceedings. It was important, as it demonstrated his propensity to engage in deception and fraud, but it was not the basis for his being found deportable . . . that was a basic overstay nonimmigrant. One of the ironies of the Al Najjar deportation case was just that . . . a ‘simple’ overstay F-1 student case cost millions of dollars, eight years of litigation (1984–2002) and nearly four years of detention in order to effect his removal from the US. All because that overstay student happened to be a Ph.D. terror suspect instead of a dishwasher or bag boy. That in itself says something about the system" (e-mail, Jan. 18, 2005).

40 Ibid.

41 Memorandum Decision of the Immigration Judge, In the Matter of Mazen A. Al Najjar, (EOIR Bradenton, FL A26-599-077) June 23, 1997.

42 Indictment, U.S. v. Al Arian, et al. (M.D. Fl. 03-CR-77) Feb. 20, 2003. See also Superseding Indictment, U.S. v. Al Arian, et al. (M.D. Fl. 03-CR-77) Sept. 21, 2004.

43 U.S. v. Damrah, 334 F. Supp. 2d 967, (N.D. Oh. 2004).

44 Id. at p. 969.

45 Indictment, U.S. v. Damrah. Dec. 16, 2003.

46 "Ohio Imam Convicted of Lying About Associations with Palestine Islamic Jihad After ICE/FBI Investigation." ICE Press Release. June 18, 2004. Available at http://www.ice.gov/graphics/news/newsreleases/articles/061804akron.htm. Accessed Feb. 9, 2005)

47 Memorandum Opinion, U.S. v. Damrah (N.D. Oh. 03-CR-484) Aug. 30, 2004.

48 Trial Transcript, U.S. v. Damrah (N.D. Oh. 03-CR-484) June 17, 2004 at p. 746.

49 U.S. v. Damrah, 334 F. Supp. 2d 967 (N.D. Oh 2004) at p. 969.

50 Judgment, U.S. v. Damrah (N.D. Oh. 03-CR-484). Sept. 20, 2004.

51 Memorandum Opinion, U.S. v. Damrah (N.D. Oh. 03-CR-484). Sept. 23, 2004.

52 "Imam Convicted of Lying About Terrorism Ties on Citizenship Application," The Associated Press. June 18, 2004.

53 Affidavit of SA David Kane, In the Matter Involving 555 Grove Street, Herndon, Va., and Related Locations. (E.D. Va. 02-MG-114.) Mar. 2002. (Unsealed Oct. 17, 2003).

54 Indictment, U.S. v. Holy Land Foundation (N.D. Tx. 04-CR-240). July 27, 2004.

55 Damrah, 334 F. Supp. 2d at p. 969.

56 Damrah, 334 F. Supp. 2d at p. 985.

57 Damrah, 334 F. Supp. 2d at pp. 981-82.

58 Damrah, 334 F. Supp. 2d at pp. 979-81.

59 Damrah, 334 F. Supp. 2d at pp. 982-83.

60 Fedorenko, 449 U.S. at 505-06.

61 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004, pp. 192-193.

62 Id. at 52, 197-198.

63 Id. at 57.

64 U.S. v. Damrah, 334 F. Supp. 2d 967, (N.D. Ohio 2004).

65 Superseding Indictment, U.S. v. Al-Arian, (M.D. Fl. 03-CR-77), Aug. 2004.

66 Sabrina Tavernisa, "U.S. letter tries to establish a doctor’s link to terrorism." The New York Times. Nov. 6, 2004. See also Michael Weissenstein, "Prosecutors allege Brooklyn doctor’s terror ties." Associated Press. Nov. 5, 2004.

67 "U.S. alleges suburban man is ‘sleeper’ spy." Chicago Tribune. Sept. 12, 2004.

68 Michael Powell, "High-Profile N.Y. suspect goes on trial." The Washington Post. Oct. 19, 2004.

69 Steve McGonigle, "U.S. seeks to stip man’s citizenship," The Dallas Morning News, Oct. 20, 2004.

70 Sam Stanton and Denny Walsh, "Airman picks up the pieces after spy-case ordeal." Sacramento Bee. Oct. 16, 2004; see also Thomas Korosec, "Ex-charity official targeted," Houston Chronicle. Oct. 20, 2004.

71 Maya Kremen, "Alleged terror aide says he’s innocent." Herald News (New Jersey). Aug. 13, 2004.

72 William Glaberson, "Man gets 5 years for lying in terror inquiry." The New York Times. July 10, 2004.

73 Todd Bensdman and Robert Riggs, "HLF Indictments Reveal Link Between Dallas Worker and Terror Group." CBS 11 Television. July 28, 2004. Available at http://cbs11tv.com/local stories/local_story_210115331.html.

74 Todd Bensdman and Robert Riggs, "HLF Indictments Reveal Link Between Dallas Worker and Terror Group." CBS 11 Television. July 28, 2004. Available at http://cbs11tv.com/local stories/local_story_210115331.html.

75 Todd Lighty and Laurie Cohen, "Hamas probe nearly fell apart," Chicago Tribune, Aug. 22, 2004.

76 Indictment, U.S. v. Biheiri, August, 2003. See also U.S. v. Biheiri, 299 F.Supp.2d 590 (E.D. Va. 2004) and U.S. v. Biheiri, 356 F.Supp.2d 589 (E.D. Va. 2005).

77 Indictment, U.S. v. Alamoudi, (E.D. Va.) Sept. 2003.

78 Statement of Facts, U.S. v. Faris (E.D. Va. 03-189-A) May 1, 2003.

79 Affidavit of Edward Needham, U.S. v. Al-Bakri, (W.D.N.Y. 02-m-108), Sept. 13, 2003. Available at http://www.usdoj.gov/opa/pr/2003/May/03_crm_307.htm . See also http://www.usdoj.gov/opa/pr/2003/Decmeber/03_crm_658.htm .

80 Patrick Gallahue, "All of Gotham in Cross Hairs." New York Post. Aug. 29, 2004. See also Greg B. Smith, "They eyed subway stations." New York Daily News. Aug. 29, 2004.

81 Office of Immigration Statistics, Department of Homeland Security, G-22.2 Adjudication Summary Report. Nov. 2004.

82 Tennessee Bureau of Investigations: FBI-JTTF Website http://www.tbi.state.tn.us/Fugitives/JTTF/shukrijumah.htm Accessed October 6, 2004.

83 "Remarks of FBI Director Robert Mueller on the Summer Terrorist Threat." May 26, 2004. See also video clip of El-Shukrijumah on the FBI’s website.

84 Jerry Seper, "Al Qaeda Leader Identified in ‘Dirty Bomb’ Plot." The Washington Times. Oct. 5, 2004. 

85 Evan Thomas, "Al Qaeda in America: The Enemy Within." Newsweek, June 23, 2003.

86 "Remarks of FBI Director Robert Mueller on the Summer Terrorist Threat." May 26, 2004.

87 http://www.fbi.gov/terrorinfo/elshukrijumah.htm . Accessed July 11, 2005.

88 "Remarks of Deputy Attorney General James Comey Regarding Jose Padilla." June 1, 2004, available at http://www.usdoj.gov/dag/speech/2004/dag6104.htm . Accessed Aug. 31, 2004. See also Timothy Burger, Viveca Novak, Michael Weisskopf and Tim Padgett, "The Making of the FBI’s ‘Most Dangerous’." Time. Apr. 7, 2003.

89 Email from former INS Supervisory Special Agent Bill West, August 29, 2005.

90 Timothy Burger, Viveca Novak, Michael Weisskopf and Tim Padgett, "The Making of the FBI’s ‘Most Dangerous’." Time. Apr. 7, 2003.

91 Jerry Seper, "FBI Steps Up Hunt for Pakistani." The Washington Times. Apr. 2, 2003.

92 Josh Meyer, Greg Krikorian, and William C. Rempel, "Quiet Investigation Centers on Al Qaeda Aide in New York." Los Angeles Times. Sept. 3, 2004.

93 Dan Eggen and Manuel Roig-Franzia, "FBI on Global Hunt for Saudi Al Qaeda Suspect." The Washington Post. Mar. 21, 2003.

94 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004, at pp.30-31.

95 "Remarks of FBI Director Robert Mueller on the Summer Terrorist Threat." May 26, 2004.

96 Jerry Seper, "Al Qaeda Leader Identified in ‘Dirty Bomb’ Plot." The Washington Times. Oct. 5, 2004. 

97 Evan Thomas, "Al Qaeda in America: The Enemy Within." Newsweek, June 23, 2003.

98 "Remarks of Deputy Attorney General James Comey Regarding Jose Padilla." June 1, 2004, available at http://www.usdoj.gov/dag/speech/2004/dag6104.htm. Accessed Aug. 31, 2004. Note: The two worshipped at the same mosque. See: Jerry Seper, "Al Qaeda Leader Identified in ‘Dirty Bomb’ Plot." The Washington Times. Oct. 5, 2004. 

99 "Remarks of Deputy Attorney General James Comey Regarding Jose Padilla." June 1, 2004, available at http://www.usdoj.gov/dag/speech/2004/dag6104.htm. Accessed Aug. 31, 2004.

100 Elaine Shannon and Tim McGirk, "What is this Man Plotting?" Time. Aug. 23, 2004. See also Josh Meyer, Greg Krikorian and William C. Rempel, "Quiet Investigation Centers on Al Qaeda Aide in New York. Los Angeles Times. Sept. 3, 2004.

101 Jerry Seper, "Al Qaeda Leader Identified in ‘Dirty Bomb’ Plot." The Washington Times. Oct.5, 2004. A March 21, 2003 The Washington Post article placed Shukrjumah in Morocco. Dan Eggen and Manuel Roig-Franzia, "FBI on Global Hunt for Saudi Al Qaeda Suspect." The Washington Post. Mar. 21, 2003.

102 Jerry Seper, "Al Qaeda Seeks Ties to Local Gangs." The Washington Times. Sept. 28, 2004. This is not the first report tying al Qaeda to Latin American gangs. For example, a previous report that "al Qaeda members are working with Mexican organized crime groups, such as drug-trafficking organizations, in an attempt to enter the United States covertly" (Bill Gertz, "Terrorists Said to Seek Entry to U.S. Via Mexico." The Washington Times, April 7, 2003).

103 www.as-sa.org/terroralert.html . Accessed July 11, 2005.

104 "Remarks of FBI Director Robert Mueller on the Summer Terrorist Threat." May 26, 2004.

105 Tennessee Bureau of Investigations: FBI-JTTF Website http://www.tbi.state.tn.us/Fugitives/JTTF/shukrijumah.htm

106 Complaint and Deposition of Janelle Miller, Special Agent, Federal Bureau of Investigation, Joint Terrorism Task Force, U.S. v. Paracha. (S.D. NY 03-CR-1197). Aug. 8, 2003.

107 Daniel Klaidman and Mark Hosenball, "Terrorism: Ties to a Qaeda Chief." Newsweek. Aug. 18, 2003. John Lehmann, "Pakistan Biz Kid Met Terror Sheikh: Lawyer." The New York Post. Aug.13, 2003.

108 Ibid.

109 Complaint and Deposition of Janelle Miller, Special Agent, Federal Bureau of Investigation, Joint Terrorism Task Force, U.S. v. Paracha. (SDNY 03-CR-1197). Aug. 8, 2003. See also Greg Smith, "Al Qaeda Sought Garment Center Tie." New York Daily News. Aug. 22, 2003.

110 Greg Smith, "Al Qaeda Sought Garment Center Tie." New York Daily News. Aug. 22, 2003.

111 Complaint and Deposition of Janelle Miller, Special Agent, Federal Bureau of Investigation, Joint Terrorism Task Force, U.S. v. Paracha. (SDNY 03-CR-1197). Aug. 8, 2003. See also Daneil Klaidman and Mark Hosenball, "Terrorism: Ties to a Qaeda Chief," Newsweek. Aug. 18, 2003.

112 David Rohde, "In U.S. Web, Pakistani Man Contacts Wife." The New York Times. Sept. 5, 2003.

113 Evan Thomas, "Al Qaeda in America: The Enemy Within. Newsweek. June 23, 2003.

114 Benjamin Weiser, Federal Prosecutors Charge Pakistani in Brooklyn With Supporting Terrorism. The New York Times. Aug. 9, 2003.

115 Evan Thomas, Al Qaeda in America: The Enemy Within." Newsweek. June 23, 2003.

116 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004, at pp. 194-195.

117 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004, at pp. 52-56.

118 Id. at pp. 52-53, 195-197.

119 Id. at pp. 52, 199.

120 Id. at pp. 53, 199.

121 Ibid.

122 Ibid.

123 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004 at pp. 52, 199.

124 Ibid.

125 Bert Dalmer, "U.S. links 35 arrests in Iowa to terror." Des Moines Register. July 18, 2004.

126 Superseding Indictment, U.S. v. Hammoud et al., (M.D. Fl.) Mar. 28, 2001.

127 Ibid.

128 http://www.ice.gov/graphics/news/insideice_091304_web4.htm .

129 Ibid.

130 Ibid.

131 Ibid.

132 Affidavit of Kiann Vandenover, U.S. v.Warsame (D. Minn. cr-04-29-jrt-fln) Feb. 6, 2004.

133 Affidavit of Kiann Vandenover, U.S. v. Elzahabi (D. Minn. cr-04-29-jrt-fln) Jan. 24, 2004.

134 Charles W. Hall and Robert O’Harrow Jr., "Virginia Man Suspected of Terrorism Known for Anonymity," The Washington Post, May 9, 1997; see Pierre Thomas and Charles W. Hall, "Palestinian with Local Ties is Detained as Suspected Hamas Leader," The Washington Post, July 28, 1996; see John Lancaster, "Freedom Suits Hamas Leader; Fresh from U.S. Jail, Aub Marzook Minds his Step in Jordan," The Washington Post, May 9, 1997; see Memorandum of Law on Behalf of Marzook, In the Matter of the Extradition of Marzook, (S.D. NY 95 Cr. Misc. 1).

135 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004, at pp. 203-204. There is some evidence apparently held by the FBI (but does not match the INS Alien file) that indicates that there is an Aulaqi born an American citizen in New Mexico. However, FBI information is not considered primary this information in the area of immigration, and therefore I use the Alien file as the base for my information.

136 U.S. v. Paracha. (S.D. NY 03-CR-1197) Aug. 8, 2003.

137 http://www.fbi.gov/terrorinfo/elshukrijumah.htm . Accessed July 11, 2005.

138 Tim Whitmire, "NC Plot Investigated for Al-Qaeda Links," Associated Press, Sept. 24, 2002. Available at http://www.dukeemployees.com/immmigration5.html

139 S. Hrg. 105-703, Feb. 24, 1998.

140 S. Hrg. 105-703, Feb. 24, 1998, pp. 133-153.

141 Criminal Complaint and Affidavit of Kiann Vandenover, FBI Special Agent, U.S. v. Elzahabi (DMN 04-MJ 26) June 25, 2004.

142 Gita Sitaramiah, "Man Pleads Not Guilty to Lying to FBI Officials." St. Paul Pioneer Press. July 10, 2004.

143 Criminal Complaint and Affidavit of Kiann Vandenover, FBI Special Agent, U.S. v. Elzahabi (DMN 04-MJ 26, June 25, 2004). Kanj was killed by Lebanese troops in 2000 while leading a violent coup that sought to replace the Lebanese government with a fundamentalist Islamic state.

144 Elzahabi moved back to New York City in April 2004. Criminal Complaint and Affidavit of Kiann Vandenover, U.S. v. Elzahabi (DMN 04-MJ 26) June 25, 2004.

145 9/11 Commission Report, Chapter 6, p. 175.

146 Ibid.

147 Steve Camarota, The Open Door: How Militant Islamic Terrorists Entered and Remained in the United States, 1993-2001. Center for Immigration Studies. (2002).

148 Tim Golden with Judith Miller, "Bin Ladin Operative Is Linked To Suspects." The New York Times. Sept. 18, 2001.

149 Shelley Murphy, "Cab driver charged with lying to FBI." The Boston Globe. June 26, 2004. Available at http://www.boston.com/news/local/articles/2004/06/26/cab_driver_charged_with_lying_to_fbi/.

150 U.S. Department of Transportation, Federal Motor Carrier Safety Administration Register, available at http://www.fmcsa.dot.gov. Accessed Feb. 25, 2005.

151 "Terror Suspect Got Hazardous Material OK," Associated Press. July 1, 2004.

152 Dhiren Barot is also known as Abu Eisa Al-Hindi, Abu Musa Al-Hindi and Issa Al-Britani. See Mitchel Maddux, "FBI Says Al-Qaida Scout Used N.J. as Base." The Bergen Record. Oct. 14, 2004.

153 9/11 Commission Final Report, p. 150.

154 David Johnston, "Tourist Copters in New York City a Terror Target." The New York Times. Aug. 9, 2004.

 155 Bill Powell, "Target: America." Time. August 8, 2004.

156 Daniel Klaidman with Mark Hosenball, Michael Isikoff and Evan Thomas, "Al Qaeda in America: The Enemy Within." Newsweek. June 23, 2003.

157 Juan Zamorano, "From Islamabad to Panama, Worldwide Search for Terrorism Suspects as U.S. on High Alert." Associated Press, May 27, 2004.

158 Edward Harris, "Al-Qaida Bought Diamonds Ahead of Sept. 11 Attacks," Associated Press. Aug. 7, 2004.

159 "Remarks of FBI Director Robert Mueller on The Summer Terrorist Threat." May 26, 2004. "Al Qaeda in America: The Enemy Within." Newsweek. June 17, 2003.

160 Daniel Klaidman. "Al Qaeda in America: The Enemy Within." Newsweek. June 17, 2003.

161 Terror Suspects Named by U.S. Officials, Associated Press, May 26, 2004.

162 Ibid.

163 "Remarks of FBI Director Robert Mueller on The Summer Terrorist Threat." May 26, 2004.

164 Curt Anderson. "Woman Sought for Ties to al-Qaida in Custody in Pakistan." Associated Press. Apr. 22, 2003. See Curt Anderson, "After Initial Optimism, Authorities Now Doubt Pakistani Woman Sought by FBI Is in Custody" Associated Press, Apr. 22, 2003. See also Federal Bureau of Investigation "Seeking Information RE: Aafia Siddiqui," available at http://www.fbi.gov/terrorinfo/siddiqui.htm. Accessed Oct. 4, 2004.

165 Evan Thomas, "Al Qaeda in America: The Enemy Within." Newsweek. June 23, 2003.

166 Indictment, U.S. v. Al-Marri. (CDIL 03-CR-1044) May 22, 2003.

167 Complaint, U.S. v. Al-Marri. (CDIL 03-CR-1044) Jan. 28, 2002.

168 Prepared Testimony of Attorney General John Ashcroft before Senate Judiciary Committee, The Department of Justice’s Efforts to Combat Terrorism. June 8, 2004.

169 Evan Thomas. "Al Qaeda in America: The Enemy Within." Newsweek. June 23, 2003. Note: Al-Marri had a 1990 DUI charge in Peoria, Ill.

170 Ibid.

171 In the Matter of the Application of the U.S. for Warrant Authorizing the Search of the Premises Known and Described as 2712 West Radan Court, West Peoria, Ill., Affidavit in Support of an Application for Search Warrant (CDIL P-01-03) Dec. 14, 2001.

172 Indictment, U.S. v. Al-Marri (CDIL 03-CR-1044) May 22, 2003.

173 Complaint, U.S. v. Al-Marri (CDIL 03-CR-1044) Jan. 28, 2002.

174 Evan Thomas, "Al Qaeda in America: The Enemy Within." Newsweek. June 23, 2003.

175 "Enemy Combatant Taken into Custody." Department of Defense Press Release. June 23, 2003.

176 "Al Qaeda Suspect Declared ‘Enemy Combatant." CNN. June 24, 2003.

177 Affidavit in Support of Pretrial Detention, Feb. 6, 2004.

178 Todd Nelson, "Suspect Faces N.Y. Extradition." Saint Paul Pioneer Press. Dec. 13, 2003.

179 Indictment, U.S. v. Warsame (D.Mn. 04-CR-29) Jan. 20, 2004.

180 Ibid.

181 Indictment, U.S. v. Jubara (cover page missing for court info).

182 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004 at p. 189.

183 Affidavit of Kiann Vandenover, U.S. v. Elzahabi, (D. Minn. 04-mj-261-jsm). June 24, 2004).

184 9/11 Commission Final Report, pp. 145-50, and accompanying notes.

185 Indictment, U.S. v. Hammoudeh, et al. (M.D. Fl (no case #)) Aug. 4, 2004.

186 Unpublished portion of my work in 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States.

187 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004 at p. 16.

188 Id. at pp. 12-46 and 187-189.

189 Ibid.

190 www.ice.gov/graphics/news/insideice/articles/insdeice_091304_web4.htm . Accessed Aug. 15, 2005.

191 U.S. Department of Justice Press Release, Oct. 7, 2004, available at http://www.usdoj.gov/usao/fls/Hassoun3.html . Accessed Jan. 25, 2005.

192 Ben Fox, "Southern California Muslims rally around detained fund-raiser." Associated Press, July 31, 2004.

193 Indictment, U.S. v. Satti (E.D. Tex. No. 6:04-cr-25). Apr. 6, 2004; see Affidavit of James Parker, U.S. v. Mohamed, (E.D. Tex No. 604mj22). Mar. 9, 2004; see also Thomas Korosec, "Pakistani investigated for possible terror ties." The Houston Chronicle. May 13, 2004.

194 Indictment, U.S. v. Al-Hussayen, (D. Idaho No. cr-03-0048-c-ejl) Mar. 4, 2004.

195 John Mintz and Kamran Khan, "Britain charges 8 in alleged terror plot," The Washington Post, Aug. 18, 2004; see Mitchel Maddux and Trenton Bureau, "FBI say al-Qaida scout used N.J. as base," Bergen Record (New Jersey), Oct. 14, 2004; see also Dunstan McNichol, "Probers retrace terror suspect’s moves in N.J.," Star-Ledger (New Jersey). Oct. 14, 2004.

196 Juan Zamorano, "From Islamabad to P.anama: Worldwide Search for Terrorism Suspects as U.S. on High Alert." Associated Press. May 27, 2004. Indictment, U.S. v. Al-Marri (CDIL 03-CR-1044). May 22, 2003.

197 Complaint, U.S. v. Al-Marri (CDIL 03-CR-1044). Jan. 28, 2002.

198 Public Law 101-649, 104 Stat. 5004, 5027 (Nov. 29, 1990). The legislation also applies to spouses and children of religious workers.

199 Yearbook of Immigration Statistics: 2004. "Temporary Admissions (Nonimmigrants) Admitted as Temporary Workers, Exchange Visitors and Intracompany Transferees by Region and Country of Citizenship: FY 2004." For aggregate numbers, see Yearbook of Immigration Statistics for prior years.

200 House Judiciary Subcommittee on Immigration and Claims, "Religious Worker Visa Programs." June 29, 2000. Opening Statement of Rep. Lamar Smith.

201 GAO Report, Visa Issuance: Issues Concerning the Religious Worker Visa Program. March. 26, 1999.

202 Indictment, U.S. v. Khalil, et al. (SDNY 03-CR-289) Mar. 10, 2003.

203 Ibid.

204 Larry Neumeister, "Brooklyn Imam Convicted in ‘Massive’ Visa Fraud Scheme," The Associated Press. Sept. 23, 2004.

205 Indictment, U.S. v. Khalil, et al. (SDNY 03-CR-289) Mar. 10, 2003.

206 Ibid.

207 Ibid.

208 Ibid.

209 Rone Tempest, "In Terror Fight, Imams Ousted Over Visa Law." Los Angeles Times. June 24, 2005. See http://www.latimes.com/news/local/la-me-visa24jun24,1,497778.story .

210 Indictment, U.S. v. Mohamed, (S.D. Calif. 03-cr-3433-jah) Mar. 26, 2004.

211 http://www.ice.gov/graphics/news/insideice/articles/insideice_061505_Web5.htm . Accessed Aug. 15, 2005.

212 http://www.ice.gov/graphics/news/insideice/articles/insideice_081505_Web5.htm . Accessed Aug. 15, 2005.

213 Indictment, U.S. v. Abdi. (SDOH 2:04-CR-88) unsealed June 14, 2004.

214 "Iyman Faris Sentenced for Providing Material Support to Al Qaeda." U.S. Department of Justice Press Release. Oct. 28, 2003, see http://www.usdoj.gov/opa/pr/2003/October/03_crm_589.htm . Accessed July 9, 2004.

215 Government’s Motion to Detain Defendant and Memorandum in Support, U.S. v. Abdi. (SDOH 2:04-CR-88) June 14, 2004. Accessed November 5, 2004.

216 "Investigators: Mall Plot May Have Involved 5 People." http://www.nbc4columbus.com/news/3434353/detail.html . June 18, 2004.

217 "Investigators: Mall Plot May Have Involved 5 People." http://www.nbc4columbus.com/news/3434353/detail.html . June 18, 2004.

218 Affidavit of Sr. Special Agent John Scott Sherrill, U.S. v. Akhtar, No. __ (filed Aug. 5, 2004).

219 Interview with Abdul Halim Hassan Al-Ashqar, Independent Islamic Candidate for the Palestinian Presidential Elections, Discussing the National Agenda and Dialogue between the Palestinian Factions. Radio Sawa, Iraq. Jan. 2, 2005.

220 See Testimony of Steven Emerson, House Judiciary Subcommittee on Immigration and Claims. January 26, 2000 for more details.

221 Interview with Abdul Halim Hassan Al-Ashqar, Independent Islamic Candidate for the Palestinian Presidential Elections, Discussing the National Agenda and Dialogue between the Palestinian Factions. Radio Sawa, Iraq. Jan. 2, 2005.

222 JK conversation with an AUSA, March 2005.

223 Interview with Abdul Halim Hassan Al-Ashqar, Independent Islamic Candidate for the Palestinian Presidential Elections, Discussing the National Agenda and Dialogue between the Palestinian Factions. Radio Sawa, Iraq. Jan. 2, 2005.

224 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004, pp. 204-206.

225 "Former President of Global Relief Foundation Loses Immigration Appeal and is Removed From the United States." Immigration and Customs Enforcement Press Release. July 11, 2003.

226 Terror Financier Designation of BIF and GRF, U.S. Department of the Treasury, Office of Foreign Assets Control. Dec. 14, 2001. http://www.ustreas.gov/offices/eotffc/ofac/actions/20011214a.html . Accessed May 26, 2004.

227 Alexandra Moses, Local Community Leader Detained by INS, Lawyer Says. The Associated Press. Dec. 17, 2001.

228 Ibid. According to the ICE, Haddad’s requests for relief from removal, including requests for bond and for asylum, were denied by the immigration judge chiefly upon the finding that Haddad was not eligible for asylum because he was a danger to the security of the United States.

229 "Statement of Barbara Comstock, Director of Public Affairs, on the Haddad Asylum Decision." USDOJ Press Release. Nov. 22, 2002, available at http://www.usdoj.gov/opa/pr/2002/Nov./02_civ_691.htm . Accessed Oct. 14, 2004.

230 Ibid. The acting assistant secretary for ICE, Michael J. Garcia, said of Haddad’s deportation: "The removal of individuals like Mr. Haddad highlights the importance of enforcing immigration laws in our ongoing efforts to secure the homeland . . . This action is also a testament to the cooperation between law enforcement agencies in pursuing and removing those individuals linked to terrorism."

231 Ibid.

232 Superseding Indictment, U.S. v. Seif, No. cr-01-0977-phx-pgr (D. Ariz.) Dec. 6, 2001. See also Detention Order, U.S. v. Seif, No. cr-01-0977-phx-pgr (D. Ariz.) Nov. 8, 2001.

233 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004, pp. 201-203.

234 Indictment, U.S. v. Abdoulah (S.D. Cal. 01-cr-3240-w) Nov. 2, 2001.

235 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004, at 58.

236 Id. at pp. 56, 199-200.

237 Al Aqsa Educational Fund. IRS Form 990. State of Mississippi. Accessed Jan. 17, 2005.

238 Action Memorandum, International Emergency Economic Powers Act for Holy Land Foundation for Relief and Development, from Dale Watson, Assistant Director FBI Counterterrorism Division to Richard Newcomb, Director of the Office of Foreign Assets Control, Department of Treasury, Nov. 5, 2001 at p. 9.

239 Holy Land Foundation for Relief and Development v. Ashcroft (D.C.) Aug. 2002 at Vol.1, Doc. No. 31, Exh. No. 24.

240 Action Memorandum, International Emergency Economic Powers Act for Holy Land Foundation for Relief and Development, from Dale Watson, Assistant Director FBI Counterterrorism Division to Richard Newcomb, Director of the Office of Foreign Assets Control, Department of Treasury, November 5, 200,1 at p. 11.

241 Holy Land Foundation for Relief and Development v. Ashcroft (D.C.) Aug. 2002 at Vol.1, Doc. No. 31, Exh. No. 22.

242 Sabrina Tavernise, "U.S. letter tries to establish a doctor’s links to terrorists." The New York Times, Nov. 6, 2004. See also Michael Weissenstein, "Prosecutors allege Brooklyn doctor’s terror ties." Associated Press. Nov. 5, 2004.

243 9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States. Franklin, TN: Hillsboro Press, Sept. 2004, pp. 49-52.

244 Id. at pp. 53, 190-192.

245 Id. at pp. 2-56.

246 Id. at pp. 187-189.

247 James Prichard, "Terrorism charges filed against Michigan restaurant owner." Associated Press. Oct. 19, 2004.

Research used in preparing portions of this report was conducted with the assistance of (former) select staff of the Investigative Project on Terrorism, Josh Lefkowitz, Jacob Wallace, and Jeremiah Baronberg.

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Janice Kephart is former counsel to the September 11 Commission and an author of 9/11 and Terrorist Travel: A Staff Report of the National Commission on Terrorist Attacks Upon the United States.


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