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| Faysal H. Galab faces seven years in prison if prosecutors and judge are satisfied with his cooperation.
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| DEREK GEE/Buffalo News Attorney Joseph M. LaTona insisted Friday that his client, Faysal H. Galab, had no foreknowledge of the 9/11 attacks.
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The operator of a Lackawanna gas station admitted Friday that he traveled to an al-Qaida training camp in Afghanistan in April 2001 and heard Osama bin Laden proclaim that he had sent a team of 50 men "on a mission to attack America."
In a surprise development in U.S. District Court, Faysal H. Galab, 26, became the first suspect from the so-called "Lackawanna Six" to take a guilty plea.
He confirmed that he traveled from Lackawanna to the Afghanistan camp, purchased an al-Qaida uniform, learned about weapons and explosives, and heard anti-American speeches from bin Laden almost four months before the terrorist attacks of Sept. 11, 2001.
Galab also said in court that Sahim Alwan, one of his fellow trainees from Lackawanna, told him he met personally with bin Laden in Afghanistan and was asked by the terrorist leader whether anyone in America was "willing to die for the cause."
But Galab's attorney, Joseph M. LaTona, insisted there is "no way" Galab received any specific information at the camp about bin Laden's plans for the 9/11 attacks.
"Did he know 9/11 was coming? Absolutely not," LaTona said following a lengthy court session that ended Friday evening.
"He heard a speech where bin Laden talked about sending 50 men out on a mission to attack America. No specifics were given. He didn't hear anything about 9/11."
LaTona said his client had no intention of becoming involved in terrorist activities after returning to Lackawanna. He also said Galab did not complete the training program, leaving early after hearing bin Laden boast about his hatred for Americans and al-Qaida's attacks on American embassies in Africa.
"We have not alleged that (Galab) knew in advance about 9/11 or could have prevented 9/11," said Peter Ahearn, special agent in charge of the Buffalo FBI office. "But for any American citizen to go over there and participate in a training program like that, I think is unconscionable."
U.S. Attorney Michael A. Battle said Galab has agreed to provide "full cooperation" - including court testimony - in ongoing federal investigations into al-Qaida and his five co-defendants.
If prosecutors and Judge William M. Skretny are satisfied with his cooperation, Galab will be sentenced to seven years in prison - in contrast to the 17 years or more that prosecutors said he could potentially face.
"You must provide complete and truthful information," Skretny told Galab. "You understand what you are required to do - basically, bare it all, put it out there."
"Yes, sir," said Galab, a lifelong Lackawanna resident who owns a gas station and has a wife and two small children.
Galab's court testimony Friday did no favors for one of his co-defendants, Alwan, 29.
After the Lackawanna men returned from the training camp in late June 2001, Galab testified, Alwan told him on three different occasions that he should lie to the FBI about his trip to the camp, if agents ever tried to question him.
According to Galab, Alwan told him that he had been approached by the FBI after returning from the trip, and had falsely told the agents he did not travel to Afghanistan.
Galab said Alwan also told him he had a face-to-face meeting with bin Laden on an unspecified date in Kandahar, Afghanistan.
Alwan told Galab that he "personally met with bin Laden," prosecutor William J. Hochul Jr. said in court papers. "Alwan told Galab that bin Laden asked Alwan whether anyone in America is willing to die for the cause."
Alwan's response to bin Laden's alleged question was not revealed in court, or in later interviews.
Alwan's attorney, James P. Harrington, watched from the spectator section of the courtroom while Galab made his allegations. Harrington hurriedly left the courtroom shortly afterward, declining to comment on any of Galab's statements.
Defense attorneys for two more of the Lackawanna defendants also watched all or part of Friday's proceedings.
Sources expect more deals
Though Battle declined to speculate about the possibility of more plea deals, sources close to the case said they would not be surprised if at least some of the other defendants take guilty pleas. More than 95 percent of the criminal cases filed in Buffalo's federal court end up in plea deals.
In addition to Galab and Alwan, Lackawanna residents Shafal A. Mosed, 24; Yasein A. Taher, 24; Yahya A. Goba, 25; and Mukhtar al-Bakri, 22, were arrested with Galab in September on charges that they provided material support to al-Qaida.
Sources close to the case have told The Buffalo News that all six recently admitted to federal investigators that they did attend the training camp, but all six deny that they did so with the intention of becoming an al-Qaida "sleeper cell."
"He has not admitted to being a member of al-Qaida. He has not admitted planning or preparing or agreeing to engage in any acts of terrorism whatsoever," LaTona said of Galab.
The defense lawyer declined to discuss Galab's reasons for attending the camp.
Galab's older brother, Moses Galab of Lackawanna, sat solemnly through Friday's court session. He said afterward that he feels badly for his brother and hopes people will understand why he decided to take a plea deal.
"My brother is a tough cookie . . . but he has a wife and two young children, and his wife is pregnant," Moses Galab said. "I hope the judge will take all that into consideration."
Moses Galab said he didn't know why his brother went to the al-Qaida camp, or if he knew beforehand about the terrorist training activities that would go on there.
Sitting beside the defendant's brother was family friend Mohamed Albanna, a leader of Lackawanna's Yemeni-American community and vice president of the American Muslim Council of Western New York. Albanna was arrested by federal agents Dec. 17 on charges that he illegally sent money to relatives in Yemen.
Albanna said he hopes friends and family members of the other "Lackawanna Six" suspects will not be angry at Galab for taking a plea deal and agreeing to testify against others.
"Our whole community has been through a lot. Nothing that happens in this case would surprise me," Albanna said. "(Galab) is an individual who had to make a very difficult decision for his family's sake, and I don't think anyone will blame him for that. . . . He has my full support."
"He is ready to give his full and complete cooperation to the government," LaTona said.
Skretny scheduled sentencing for April 30, but federal court sentencing dates are often delayed.
The felony charge that Galab admitted to on Friday was "willfully and unlawfully making a contribution of funds, goods and services . . . for the benefit of Osama bin Laden and al-Qaida, specifically designated terrorists."
The crime is a violation of the International Emergency Economic Powers Act, said Hochul, chief prosecutor of the Joint Terrorism Task Force of Western New York.
"By purchasing (an al-Qaida) uniform and attending the al Farooq camp, the defendant did contribute funds, goods and services to these identified, specially designated terrorists," Battle said.
Details of Afghanistan trip
In a 19-page plea agreement, Galab admitted that he and his five co-defendants agreed in April 2001 to travel to the al-Qaida camp, and that before leaving, Galab knew "the planned trip was illegal."
Galab said he flew into Pakistan and then spent several days at an al-Qaida guest house in Quetta, Pakistan. He then spent several days at another al-Qaida house in Kandahar, Afghanistan, before leaving for the training camp known as al Farooq.
"The staff at the Kandahar guest house sold the defendant the uniform to be worn during his time at the al Farooq camp," according to court papers.
At al Farooq, according to court papers, Galab received training in the use of a variety of weapons, including "a Kalishnikov (firearm), a 9mm handgun, rifle, M-16 automatic rifle and a rocket-propelled grenade launcher."
"All persons at the camp, including defendants Galab, Mosed and Taher, were also required on a periodic basis to perform guard duty for the camp," the court papers said.
"You did that?" Skretny asked Galab.
"Yes, sir," Galab answered.
An audience with bin Laden
According to the papers, about three weeks into the training program, Galab and other trainees heard a speech from bin Laden. Bin Laden spoke about al-Qaida's bombings of American embassies in Africa and "stated that 50 men were on a mission to attack America."
In the terrorist attacks that killed more than 3,000 people on Sept. 11, 2001, authorities concluded that 19 al-Qaida operatives were killed. Authorities have identified at least two other men who are in custody as suspects in the hijackings.
If 50 men were sent out by bin Laden to attack America, what became of the nearly 30 still publicly unaccounted for?
"That is a good question," Battle said Friday evening. "No comment."
The alleged leader of the Lackawanna cell, Yemeni-American Kamal Derwish, was believed to have been killed in a CIA airstrike on Nov. 3 in Yemen, U.S. officials have said.
