Megahed freed after judge tosses deportation case (Goose Creek)

Youssef Megahed was freed this evening after a judge dismissed the deportation case against the former University of South Florida student.

Megahed was driven out of a detention facility by his father about 6:30 p.m. He is expected to return home to Tampa on Saturday.

"I'm very happy for this," Megahed said, smiling and surrounded by his family. "This was the only correct decision the judge could have given."

He said he wants to return to USF to take the remaining class he needs for his engineering degree.

Megahed said he holds no bitterness toward the government but described his ordeal as "not a very pleasant experience."

Megahed had been held in Glades County since he was arrested by immigration agents in April, three days after his acquittal on federal explosives charges.

The government could appeal the judge's ruling. As part of the conditions of his release pending appeal, Megahed can not associate with known terrorists and must report Monday to U.S. Immigration and Customs Enforcement in Tampa, and then once a month after that.

Immigration officials will decide whether he should be placed on electronic monitoring.

In tossing the case this morning, Judge Kenneth Hurewitz found that the government had not produced evidence to prove Megahed, 23, is likely to engage in terrorism. The judge ruled without the defense calling any witnesses.

"This is a really close case, but I don't believe the government has met its burden in this case," he said.

Megahed and his attorney, Charles Kuck, embraced after the judge announced his decision.

The government rested its case Thursday after four days of contentious testimony and spats between attorneys.

But government attorneys pressed the connection between Megahed and Ahmed Mohamed, another former USF student.

The two friends were arrested Aug. 4, 2007, following a traffic stop in South Carolina. Deputies found what they thought were pipe bombs in the trunk of Mohamed's car; the FBI determined the items were PVC pipes stuffed with a "low explosives" mixture of potassium nitrate and sugar.

Mohamed later pleaded guilty to helping terrorists by posting a video on YouTube in which he showed how to use a remote-controlled toy to detonate a bomb. He is serving 15 years in federal prison.

There is no evidence Megahed, an Egyptian immigrant who is a permanent resident of the United States, participated in making the video or ever saw it.

In April, a federal jury in Tampa found Megahed not guilty of charges of illegally transporting explosives and possession of a destructive device.

Samir Megahed said he thought the case was over when the federal jury acquitted his son of criminal charges.

"Now it is over again," he said. "They must stop targeting my son because he is innocent. He is innocent in two systems … they must stop hunting my son."

He called the judge courageous and said "this win belongs to Charles Kuck. He's a great man and he's defending my son by telling the truth and fighting the government until the end, until he wins the case."

A week ago today, Youssef Megahed's parents and older brother took the oath to become American citizens.

"We came as a family to live in peace," Samir Megahed said today. "We hope they let us live in this beautiful country in peace."

Trackback

Dec. 13, 2007: USF Explosives Investigation Results In A 3rd Arrest

Excerpt:

A University of South Florida student has been arrested on a weapons charge in connection with a case against two other students accused of transporting explosives.

Karim Moussaoui, 28, went to a shooting range with the two other students, Youssef Megahed and Ahmed Mohamed, on July 11, according to a complaint filed in U.S. District Court. Moussaoui told the FBI he took pictures and didn't fire any weapons, the complaint states.

On that date, Megahed signed a membership agreement and rented a Glock 17, which is a 9 mm handgun, at the Shoot Straight Gun and Archery Range at 3909 N. U.S. 301, the complaint states.

*snip*

"We've known since the summer they were interested in this person," said USF spokesman Ken Gullette, referring to Moussaoui.

Moussaoui is from Morocco and has been living in a campus residence hall and studying computer engineering, Gullette said. He was scheduled to be awarded his undergraduate degree Saturday.

His parents arrived Wednesday from Morocco to attend his graduation.

At today's hearing, they signed a $50,000 signature bond for his release. Moussaoui surrendered his passport and travel documents.

*snip*

Moussaoui's attorney, Stephen Crawford, said the student was awakened this morning in his dorm room and arrested. His client was scheduled to take his last final exam at 1 p.m. today but will miss the class, he said.

Crawford said the defendant comes from a prominent family of engineers and developers in Morocco.

Moussaoui's father, Hamou, spoke to reporters after the hearing.

"America is a country of justice," he said. "My son loves America. Since he was a boy, he loves America."

The family's attorney called the charge "a relatively minor offense."

"The reason we are here in federal court is he is a friend of Mr. Mohamed and Mr. Megahed," Crawford said.

Mohamed, 26, and Megahed, 21, both Egyptian nationals, were arrested in South Carolina on Aug. 4 and charged with having explosives material in their car.

Mohamed later was charged with trying to help terrorists by teaching or demonstrating the use of explosives. He is accused of making a video in which he shows how to use a remote-controlled toy as a bomb detonator. The video was posted on the web site YouTube, authorities say.

~~~~~~~~~~~

Megahed, Mohamed Set For Arraignment On New Charges

Excerpt:

The new seven-count indictment adds terrorism and weapons charges against one of the defendants, Mohamed. It includes a new charge against Mohamed and Megahed relating to devices found in the trunk of their car when they were arrested Aug. 4 in South Carolina. It replaces a two-count indictment handed up in 2007.

*snip*

"When you look at this indictment, there's more holes than cheese," said Jonathan Turley, who teaches at George Washington University Law School and is representing former USF professor Sami Al-Arian in his terrorism case. "The indictment on its face seems to be a bit of overreaching based on the known facts. The indictment presents a far more sinister picture than what has been reported publicly.

"When it comes to explosive devices, the government has a long history of creative engineering theories," Turley said. "If you take any house, the government can usually make out a case for a potential explosive device based on its contents."

~~~~~~~~~~~

Confounding ... released, yet being monitored .. and in Sami al Arian's vicious USF cell locale. Note to self: next time I see Jonathan Turley voicing legal opinions, remember al Arian, whom he represents, and his jihadist intents and comrades.

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