Posted on 08/13/2009 2:05:17 PM PDT by Cindy
http://www.google.com/hostednews/afp/article/ALeqM5gkIBVaTTnTDT_lg8TWBbbawpW0cQ
“Terror suspects lose extradition case in Britain” (AFP) – 5 days ago
SNIPPET: “LONDON — Two alleged leading conspirators of Osama bin Laden on Friday lost their latest battle to escape extradition from Britain over the 1998 US embassy bombings in east Africa.
Khalid al Fawwaz, a 46-year-old Saudi businessman, and Adel Abdel Bary, an Egyptian, are wanted by the United States over their alleged role in the attacks in Kenya and Tanzania that killed 224 people.”
SNIPPET: “Al Fawwaz was living with his wife and three children in London before his arrest on a New York court indictment in Britain in 1999. At the time of his arrest he was alleged to be the head of the British cell of Al-Qaeda.
The latest legal proceedings arose after Al Fawwaz and Abdel Bary were informed in March last year that Britain had issued warrants authorising their return to the United States.”
(Excerpt) Read more at google.com ...
Previously...
http://www.freerepublic.com/focus/f-news/550652/posts
“Bin Laden letters order US massacre (Excerpts From Letters)”
Guardian/UK ^ | 10/18/01 | Philip Willan in Rome and Nick Hopkins
Posted on October 17, 2001 7:21:50 PM PDT by kattracks
SNIPPET: “Followers in London told to acquire weapons of mass destruction to counter American action in Iraq and Saudi Arabia
Letters allegedly written by Osama bin Laden to his supporters in London called on members of his al-Qaida network to acquire weapons of mass destruction and urged them to “kill, fight, create traps and destroy” Americans.
In the correspondence, Bin Laden refers to the US sanctions on Iraq as the “worst international terrorism” and said it was the “sacred duty of Muslims” to drive out American forces from Saudi Arabia and the Gulf.
If the letters, published yesterday by the Italian newspaper La Repubblica, are genuine, they give an insight into the way Bin Laden guides and incites his followers, and underline that his fundamental objective is to purge western powers from the oil rich resources of his Saudi homeland.
The letters were supposedly seized by Scotland Yard during an investigation to find Bin Laden followers in Britain who may have had knowledge of, or involvement in, the 1998 bombings of the US embassies in Tanzania and Kenya.
The inquiry led to the arrest in September 1998 of three men - Khalid al-Fawwaz, Adel Abdul Bary and Ibrahim Hussein Eidarous - who are currently appealing against extradition to the US where they would face charges relating to the attacks. Their case will be heard in the House of Lords on Monday.”
Good! Now they need tried and sent to Prison for a long time. Hope they have a good of “supply of soap on a rope” for their stay; they will need it.
www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/abu-hamza-summary-05102012.pdf
SNIPPET: “Al Fawaz and Abdel Bary
3. Al Fawaz’s extradition was requested in September 1998, some 14 years ago. The District Judge ruled on 8 September 1999 that his extradition could proceed. His appeal to the High Court by way of an application for a writ of habeas corpus was rejected on 30 November 2000.
4. Abdel Bary’s extradition was requested in July 1999. The District Judge ruled on 25 April 2000 that his extradition could proceed. His appeal to the High Court was dismissed on 2 May 2000.
5. Both of those proceedings are governed by the old law applicable under the Extradition Act 1989.
6. Both Al Fawaz and Abdel Bary appealed to the House of Lords where their appeal was dismissed on 17 December 2001, with the court finding that the applicants were liable to extradition to the United States on the existence of a prima facie case of conspiracy to murder, of which the most terrible manifestation was the bombing of two US Embassies in East Africa, in which over 200 were killed and 4,500 injured. After several representations to the Secretary of State between November 2001 and December 2005 the Secretary of State rejected both claimants’ representations on 12 March 2008 finding
Page 2
that United States assurances could be relied on and that the applicants were not at risk of the death penalty.
7. Al Fawaz and Abdel Bary subsequently applied for judicial review of the Secretary of State’s decision. On 7 August 2009 Lord Justice Scott Baker found that there had been effective judicial oversight of ‘supermax’ prisons and considered that neither of the claimants’ cases crossed the Article 3 threshold. Although a point was certified for the Supreme Court in relation to the compatibility of ADX prison conditions with Article 3, on 16 December 2009 the Supreme Court refused permission to appeal.”
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http://www.bbc.co.uk/news/uk-19855380
6 October 2012 Last updated at 04:16 ET
“Abu Hamza due in US court following extradition”
SNIPPET: “Radical Muslim cleric Abu Hamza is due to appear in court in New York to face terrorism charges.
He is one of five men who left the UK on two flights, hours after the High Court rejected their final appeals.
It has been confirmed Babar Ahmad and Talha Ahsan have landed in the US. They will appear before a judge in Connecticut in connection with the alleged running of a pro-jihad website.
The home secretary said the extradition process had been too “lengthy”.
On Friday, UK judges ruled the five men - Abu Hamza, Mr Ahmad, Mr Ahsan, Adel Abdul Bary and Khaled al-Fawwaz - did not show “new and compelling” reasons to stay in the UK.”z
(Graphs are included in this post and so my formatting will be off here for this post. To view the original and correct formatting, go to the link.)
NOTE The following text is a quote:
www.fbi.gov/newyork/press-releases/2012/three-alleged-international-terrorists-extradited-from-great-britain
Three Alleged International Terrorists Extradited from Great Britain
“Abu Hamza” to Face Terrorism Charges for 1998 Kidnapping in Yemen, Supporting the Establishment of a Terrorist Training Camp in the United States, and Facilitating Violent Jihad in Afghanistan
U.S. Attorney’s Office
October 06, 2012
Southern District of New York
Preet Bharara, the United States Attorney for the Southern District of New York; Mary Galligan, the Acting Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI); and Raymond W. Kelly, the Police Commissioner of the City of New York (NYPD), today announced the extradition of three defendants charged with terrorism offenses in two separate cases. Mustafa Kamel Mustafa, a/k/a “Abu Hamza,” a/k/a “Abu Hamza al Masri,” (“Abu Hamza”), 54, a naturalized citizen of the United Kingdom, is charged in connection with a hostage-taking in Yemen in 1998 that resulted in four deaths; a conspiracy to establish a terrorist training camp in Bly, Oregon, in 1999; and supporting violent jihad in Afghanistan in 2000 and 2001.
Separately, Adel Abdel Bary, 52, a citizen of Egypt, and Khaled al Fawwaz, 50, a citizen of Saudi Arabia, are charged with conspiring with members of al Qaeda to kill United States nationals and to attack U.S. interests abroad. Bary is also charged with murder, conspiracy to use weapons of mass destruction, and other offenses in connection with the 1998 bombings of the U.S. Embassies in Kenya and Tanzania, which caused the deaths of 224 individuals and injured thousands more.
Abu Hamza, Fawwaz, and Bary were extradited from the U.K. and arrived in the Southern District of New York last night. Abu Hamza will be presented today before U.S. Magistrate Judge Frank Maas. He will be arraigned Tuesday morning, October 9, 2012, at 11:00 a.m. before U.S. District Judge Katherine B. Forrest, at which time Judge Forrest will also hold an initial pre-trial conference. Fawwaz and Bary will be presented and arraigned today before U.S. Magistrate Judge Frank Maas. Their case is assigned to U.S. District Judge Lewis A. Kaplan, and an initial pre-trial conference before Judge Kaplan is scheduled for Tuesday, October 9, 2012 at 10:00 a.m.
Manhattan U.S. Attorney Preet Bharara said, “As is charged, these are men who were at the nerve centers of al Qaeda’s acts of terror, and they caused blood to be shed, lives to be lost, and families to be shattered. After years of protracted legal battles, the extradition of these three alleged terrorists to the U.S. is a watershed moment in our nation’s efforts to eradicate terrorism, and it makes good on a promise to the American people to use every available diplomatic, legal, and administrative tool to pursue and prosecute charged terrorists no matter how long it takes. Now, Abu Hamza, Adel Abdel Bary, and Khaled al Fawwaz will finally face justice.”
FBI Acting Assistant Director in Charge Mary Galligan said, “The extraditions of Abu Hamza, Bary, and Fawwaz are a major milestone in our effort to see these alleged high-level terrorists face American justice. The indictments allege the direct participation of these defendants in planning and carrying out some of the most odious acts of al Qaeda terrorism. When an indictment alleges the murderous intent of international terrorists, the government will not waver in its determination to achieve justice, no matter how long it takes.”
NYPD Commissioner Raymond W. Kelly said, “The individuals accused of terrorism-related charges in this case were brought to justice as a result of great work by NYPD officers and FBI agents assigned to the Joint Terrorism Task Force, in partnership with the outstanding team of prosecutors assembled by U.S. Attorney Bharara.”
Charges Against Abu Hamza
As alleged in the indictment against Abu Hamza:
December 1998 Hostage-Taking in Yemen
On December 28, 1998, in Yemen, hostage-takers stormed a caravan of sport utility vehicles carrying 16 tourists, including two United States citizens, and took the tourists hostage by force. Prior to the hostage-taking, Abu Hamza provided a co-conspirator in the hostage-taking (“CC-1”) with a satellite telephone. Abu Hamza subsequently spoke with CC-1 on that satellite telephone, agreed to act as an intermediary on behalf of the hostage-takers, and advised CC-1 with respect to the hostage-taking. On December 29, 1998, the Yemeni military launched a rescue operation. The hostage-takers fought the Yemeni military, using the hostages as human shields. During the rescue operation, four of the hostages were killed and several others were wounded.
Efforts to Create a Terrorist Training Camp in Bly, Oregon
In late 1999, Abu Hamza and several co-conspirators, including Oussama Abdullah Kassir, Haroon Rashid Aswat, and others, attempted to create a terrorist training camp to support al Qaeda on property located in Bly, Oregon. The primary purpose of the Bly, Oregon, camp was to provide various types of terrorist training, including weapons training. In late November 1999, at Abu Hamza’s direction, Kassir, and Aswat traveled from London, England, to Bly to assist in setting up the camp.
On May 12, 2009, after a four-week jury trial in this District, Kassir was convicted of various criminal offenses, including conspiring to provide material support to terrorists and to al Qaeda and conspiracy to kill persons overseas, as a result of Kassir’s participation in the efforts to establish the Bly terrorist training camp. On September 15, 2009, United States District Judge John F. Keenan sentenced Kassir to multiple terms of life in prison. The conviction was subsequently affirmed by the Court of Appeals.
Aswat was arrested in Zambia in July 2005 and then deported to England, where he was arrested at the request of the United States, pursuant to a warrant issued in this district. The extradition proceedings against Aswat are currently pending in the European Court of Human Rights.
Facilitating Violent Jihad in Afghanistan
In November 2000, Abu Hamza requested that a co-conspirator (“CC-2”) escort another co-conspirator in London (“CC-3”) to a terrorist training camp in Afghanistan. Abu Hamza introduced CC-2 to another co-conspirator (“CC-4”) in order to facilitate safe passage and transportation to Afghanistan, including via safehouses and other lodging in Pakistan. Thereafter, CC-2 and CC-3 traveled from London to Pakistan. CC-2 and CC-3 then separately entered Afghanistan. In March or April 2001, Abu Hamza conveyed instructions for CC-3 to contact a commander of the terrorist training camp in Afghanistan, who was expecting CC-3. Additionally, from the spring of 2000 through late 2001, Abu Hamza provided goods and services to the Taliban by, among other things, urging his followers to donate money, goods, and services to Taliban-sponsored programs in Afghanistan.
The indictment charges Abu Hamza with 11 offenses that carry the following potential penalties:
Count
Charge
Statutory Violation
Maximum Prison Term
One
Conspiracy to take hostages
18 U.S.C. § 1203
Life
Two
Hostage-taking
18 U.S.C. §§ 1203, 2
Life
Three
Conspiracy to provide material support to terrorists
18 U.S.C. § 371
Five years
Four
Providing material support to terrorists
18 U.S.C. §§ 2339A, 2
10 years
Five
Conspiracy to provide material support to a foreign terrorist organization (al Qaeda)
18 U.S.C. §2339B
10 years
Six
Providing material support to a foreign terrorist organization (al Qaeda)
18 U.S.C. §§ 2339B, 2
10 years
Seven
Conspiracy to provide material support to terrorists
18 U.S.C. § 2339A
15 years
Eight
Providing material support to terrorists
18 U.S.C. §§ 2339A, 2
15 years
Nine
Conspiracy to provide material support to a foreign terrorist organization (al Qaeda)
18 U.S.C. § 2339B
15 years
Ten
Providing material support to a foreign terrorist organization (al Qaeda)
18 U.S.C. §§ 2339B, 2
15 years
Eleven
Conspiracy to provide goods and services to the Taliban
18 U.S.C. § 371
Five years
Charges Against Fawwaz and Bary
As alleged in the indictment against Fawwaz and Bary:
In 1994, Fawwaz established a media information office in London, England, to publicize the statements of Usama bin Laden and to provide a cover for activity in support of al Qaeda’s “military” activities, including the recruitment of military trainees, the disbursement of funds, and the procurement of necessary equipment and services. The London office served as a conduit for messages, including reports relating to military and security matters from various al Qaeda cells, to al Qaeda’s headquarters. In August or September 1996, Fawwaz forwarded a copy of Bin Laden’s “Declaration of Jihad Against Americans Occupying the Land of the Two Holy Mosques; Expel the Heretics from the Arabian Peninsula” to another person in England for further dissemination to the media for publication. Thereafter, Fawwaz vouched for the Declaration’s authenticity. From 1995 through September 1998, Fawwaz provided bin Laden and other al Qaeda members with various means of communications including a satellite phone in order to facilitate communications among al Qaeda members and associates.
In September 1997, Fawwaz leased an office located in London, England (the “Beethoven Office”). That lease was signed by both Fawwaz and Bary. Thereafter, in February 1998, Bary continued the lease of the Beethoven Office until at least September 1998. Bary led the London cell of the Egyptian Islamic Jihad organization and provided logistical assistance to the organization, including in connection with obtaining fake travel documents and delivering messages. The Beethoven Office is where Bary received, among other things, a statement issued on August 4, 1998—three days prior to the bombings of the U.S. Embassies in Kenya and Tanzania—by Egyptian Islamic Jihad, threatening to retaliate against the United States. That statement was later found in the Beethoven Office.
By February 1998, the Egyptian Islamic Jihad organization, led by Ayman Al Zawahiri, had effectively merged with al Qaeda. In February 1998, bin Laden and Zawahiri endorsed a fatwah under the banner of the “International Islamic Front for Jihad on the Jews and Crusaders.” This fatwah stated that Muslims should kill Americans—including civilians—anywhere in the world where that they could be found.
In the hours immediately preceding the Embassy bombings on August 7, 1998, claims of responsibility for the bombings were sent to the Beethoven Office. After the bombings, those claims of responsibility were also sent to media organizations in France, Qatar, and the United Arab Emirates. The claims stated that the Nairobi, Kenya bombing was carried out by a Saudi national and that the Dar es Salaam, Tanzania bombing was carried out by an Egyptian national.
On May 29, 2001, after a five-month jury trial in this District, Wadih El Hage, Mohammed Sadeek Odeh, Mohamed Rashed Daoud Al-‘Owhali, and Khalfan Khamis Mohamed, co-conspirators of Fawwaz and Bary, were convicted of various offenses, including conspiring to kill U.S. nationals, conspiracy to use weapons of mass destruction, murder and attempted murder, in connection with their roles in the al Qaeda conspiracies that culminated in the 1998 bombings of the U.S. Embassies in Kenya and Tanzania. Based on those convictions, United States District Judge Leonard B. Sand sentenced all four defendants to life in prison. The convictions were affirmed by the Court of Appeals. On November 17, 2010, after a five-week jury trial in this District, co-conspirator Ahmed Khalfan Ghailani was convicted of conspiring to destroy buildings and property of the United States. On January 25, 2011, United States District Judge Lewis A. Kaplan sentenced Ghailani to life in prison. Ghailani’s appeal of his conviction and sentence is pending.
The indictment charges Fawwaz with four offenses, which carry the following potential penalties:
Count
Charge
Statutory Violation
Maximum Prison Term
One
Conspiracy to kill United States nationals
18 U.S.C. § 2332(b)
Life
Three
Conspiracy to Mmurder
18 U.S.C. §§ 1114, 1116, and 1117
Life
Five
Conspiracy to destroy buildings and property of the United States
18 U.S.C. §844(f)(1), (f)(3), and 844(n)
Life
Six
Conspiracy to attack national defense utilities
18 U.S.C. § 2155(a) and (b)
Life
The indictment charges Bary with 284 offenses, which carry the following potential penalties:
Count
Charge
Statutory Violation
Maximum Prison Term
One
Conspiracy to kill United States nationals
18 U.S.C. § 2332(b)
Life
Three
Conspiracy to murder
18 U.S.C. §§ 1114, 1116, and 1117
Life
Four
Conspiracy to use weapons of mass destruction against nationals of the United States
18 U.S.C. §§ 2332a(a)(1) and (a)(3)
Life
Five
Conspiracy to destroy buildings and property of the United States
18 U.S.C. §844(f)(1), (f)(3), and 844(n)
Life
Six
Conspiracy to attack national defense utilities
18 U.S.C. § 2155(a) and (b)
Life
Seven
Bombing of the United States Embassy in Nairobi, Kenya, resulting in more than 200 deaths
18 U.S.C. §§ 844(f)(1), (f)(3), and 2
Life
Eight
Bombing of the United States Embassy in Dar es Salaam, Tanzania, resulting in at least 11 deaths
18 U.S.C. §§ 844(f)(1), (f)(3), and 2
Life
Nine
Use and attempted use of weapons of mass destruction against nationals of the United States in Nairobi, Kenya
18 U.S.C. §§ 2332a(a)(1) and (a)(3)
Life
Ten
Use and attempted use of weapons of mass destruction against nationals of the United States in Dar es Salaam, Tanzania
18 U.S.C. §§ 2332a(a)(1) and (a)(3)
Life
11-223
Murders in Nairobi, Kenya
18 U.S.C. §§ 930(c), 1111, and 2
Life
224-234
Murders in Dar es Salaam, Tanzania
18 U.S.C. §§ 930(c), 1111, and 2
Life
235-275
Murders of employees of the United States in Nairobi, Kenya
18 U.S.C. §§ 1111, 1114, and 2
Life
276-278
Murder of employees of the United States in Dar es Salaam, Tanzania
18 U.S.C. §§ 1111, 1114, and 2
Life
279
Attempted murder of employees of the United States in Dar es Salaam, Tanzania
18 U.S.C. §§ 1111, 1114, and 2
Life
280-81
Murder of internationally protected persons in Nairobi, Kenya
18 U.S.C. §§ 1111, 1116, and 2
Life
282
Attempted murder of internationally protected persons in Nairobi, Kenya
18 U.S.C. §§ 1111, 1116, and 2
Life
283
Attempted murder of internationally protected persons in Dar es Salaam, Tanzania
18 U.S.C. §§ 1111, 1116, and 2
Life
284
Using and carrying an explosive device during commission of a felony
18 U.S.C. §§ 844(h)(1), 844(h)(2), and 2
10 years
285
Using and carrying a dangerous device during the bombing of the United States Embassy in Nairobi, Kenya
18 U.S.C. §§ 924(c) and 2
Five years
* * *
The charges, arrests, and extraditions of these three defendants were the result of the close cooperative efforts of the United States Attorney’s Office for the Southern District of New York, the FBI, the NYPD, the United States Marshals Service, New Scotland Yard. Mr. Bharara also thanked the Home Office of the United Kingdom, the U.S. Department of Justice Office of International Affairs, the National Security Division, and the United States Department of State for their ongoing assistance.
These two cases are being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys John P. Cronan and Edward Y. Kim are in charge of the prosecution of ABU Hamza, and Assistant U.S. Attorney Sean S. Buckley is in charge of the prosecution of Fawwaz and Bary.
The charges contained in the indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
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