"Sleeper" Terrorist Cell Arrested in Buffalo

[Guest Tyler McClelland]

http://www.nytimes.com/2002/09/20/nyregion/20BUFF.html

 

Murky Lives, Fateful Trip in Buffalo Terrorism Case

By SUSAN SACHS

 

 

This article was reported by John Kifner, Marc Santora and Susan Sachs and was written by Ms. Sachs.

 

LACKAWANNA, N.Y., Sept. 19 — Faith, the handful of young men told friends and family, propelled them to leave their homes here in the spring of 2001 and seek religious instruction in Pakistan. What they brought back, according to the government, were the beginnings of an education in terrorism acquired instead at a fortified military camp in Afghanistan run by Al Qaeda.

 

The facts and the full implications of what happened on the Lackawanna men's journey have yet to be determined in court — their true intentions, their level of training, their commitment to terror. Indeed, at a hearing today, one defense lawyer said his client had tried desperately to leave the terrorist camp virtually from the moment he arrived, weeping on one occasion and faking an injury on another.

 

But the action against eight Lackawanna men in the last week and a half — described by the authorities as a pre-emptive strike against a potentially deadly Qaeda sleeper cell — combined with a scarcity of publicly revealed evidence and the expressions of outrage from local supporters of the men have made for an extraordinary case. And in its murkiness the case is the sort that could become more familiar as the government tries to thwart terrorism on American soil.

 

Federal authorities, painfully aware since Sept. 11 that terrorists can hide in plain sight, have made clear they will act when they have concerns, even if the evidence is incomplete or the dimensions of the possible threat unknown. In such an environment, though, many, including Muslims here who have pledged houses and bank accounts to secure the release of the jailed men, believe that mistakes have been made, risks overstated, lives ruined.

 

The federal judge who is overseeing the case expressed such concerns at a bail hearing this week for the six men arrested last week.

 

"Everybody has to admit this is a highly unusual case filled with emotion, filled with fear, filled with anxiety," said Magistrate Judge H. Kenneth Schroeder Jr. "We are dealing with serious constitutional issues." He added, "I am attempting to balance the rights of the people of the community to be safe and the rights of the defendants."

 

The bond hearing will continue Friday and a ruling is not expected until next week.

 

Federal prosecutors in Buffalo have accused the seven travelers and an eighth man, a former Lackawanna resident, of being secret Qaeda operatives. Six of the men, who returned home after most spent five to six weeks in the Afghan camps in the spring and summer of 2001, are in custody. Two others are at large and believed to be in Yemen.

 

So far, officials have described their case with a modest amount of detail. While prosecutors have said they do not know of any specific act the men planned to commit, they have formally cited one communication among the men that they regard as suspicious and dangerous.

 

Most centrally, the government has charged that the men's mere attendance at a notorious Qaeda camp, where Osama bin Laden himself spoke to the trainees about jihad, violated a 1996 federal law against providing "material support or resources" for terrorists.

 

To support the charge, the government has offered only affidavits of an investigator who said two of the men admitted during interrogation that they had gone to the camp.

 

But the lawyer for one defendant, Sahim Alwan, today said his client's statement to federal agents was far from a confession. The lawyer, James Harrington, said Mr. Alwan was afraid and lasted only 10 days at the camp. He faked an ankle injury in an attempt to leave. In his statement to investigators, Mr. Harrington said, Mr. Alwan wrote, "After realizing the crazy, radical mentality of people at the camp, I decided to leave."

 

And here in this ragged old steel town, home to several thousand Yememi immigrants and their children, many people say the government is trying to find the men guilty by association. They say the government has misinterpreted the actions of a group of aimless but essentially harmless American Muslims, all of them United States citizens.

 

One of the men, they say, is too fat to be a trained terrorist. Another is a pillar of the neighborhood, someone who constantly talks up the golden opportunities of American life. Others are part-time students or idlers who have had their minor brushes with the police, but who returned from their trip abroad and settled unobtrusively into their old lives.

 

In the context of the government's case, the men's unexceptional lives do not necessarily constitute a defense, and the surprise felt by their neighbors and families could be seen as evidence of the very success of plotting. After all, they were, by the government's account, a sleeper cell.

 

The prosecution's case, at least in part, is that a terrorist can be the kid next door. The Sept. 11 hijackers blended in without attracting attention. Another American recently accused of terrorism, Jose Padilla, worked in obscurity as a maintenance man and hotel worker.

 

As for the Lackawanna men, the government's argument is that they should have known better, that they could not have gone to the terrorist camp by accident or ignorant of the grave implications. By 2001, officials said, members of Mr. bin Laden's organization had been convicted of the 1998 bombings of United States embassies in Africa, and Mr. bin Laden had been blamed for the 2000 bombing of the American destroyer Cole in Aden harbor in Yemen.

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The article goes on to say that these men actually wanted to leave the camp as they arrived, saying they disagreed with the radical idealism preeched in the camp.

 

In this case, the men actually didn't do anything illegal... one had trouble with the law before, but it was a charge of smuggling cigarettes from an Indian reservation. You're really pushing the constitution to its limits by arresting US citizens who have done nothing wrong as of yet. By nothing wrong, I mean they haven't actually broken a law, by the way.

 

I don't think the government has a case on this one and frankly, I hope this doesn't turn into a witch hunt for suspects on terrorism.

 

Comments, anyone?

[Guest Cancer Marney]

Yeah. Next time I guess we should wait until after they kill a few thousand people.

 

Wait, we already tried that. And we discovered it's kind of pointless to put cinders and bone fragments on trial.

[Guest Tyler McClelland]

I'm not saying we shouldn't take initiative, but shit, Marney. The guy they arrested desperately tried to leave the terrorist camp because he was scared shitless.

 

There's no legal ground to arrest these guys.

[Guest danielisthor]

I believe i heard on my way home this afternoon from work that the jusdge did grant bail and said that they were not a threat to the community nor a flight risk.

 

I do have a problem with that part of the story that one was to "fat" to be a trained terrorist. Nobody thought the Palestinians would start using teenage girls as homicide bombers either until one did. Physical appearance should have no bairing on whether you could be a terrorist or not. It can always be somebody you do not suspect.

[Guest Kingpk]

I'm not saying we shouldn't take initiative, but shit, Marney. The guy they arrested desperately tried to leave the terrorist camp because he was scared shitless.

 

There's no legal ground to arrest these guys.

He shouldn't have went in the first place.

[Guest Cancer Marney]

They were in a terrorist training camp. That's more than enough reason to put them on trial.

An arrest is not a punishment. If they're innocent, they can go free.

[Guest Tyler McClelland]

Agreed on that point, Daniel.

[Guest Tyler McClelland]

An arrest isn't a punishment?

 

So, by that logic, let's just send all Muslims to jail. Eh, if they're innocent, they'll be judged as such.

[Guest Cancer Marney]

Wrong. Arrests are based on probable cause.

[Guest danielisthor]

I'm more interested in the Sudanese Air Force Pilot we arrested.

 

Link: http://www.cnn.com/2002/US/09/20/sudan.pil...ilot/index.html

 

As for my part about making bail, neither CNN nor Fox are reporting that on their websites so i will retract that. I must of just heard it wrong.

[Guest Tyler McClelland]

In theory, yes.

 

However, where's the probable cause here? They are Muslims that went to a camp. There is no evidence that they were influenced. They did not act out of the ordinary upon returning. They wished to leave the camp and did as soon as they could.

 

Where's the probable cause?

[Guest Cancer Marney]

They

 

Went

 

To

 

A

 

Terrorist

 

Training

 

Camp

 

Do you now have a reasonable grasp of the issue? They went to a terrorist training camp. I can repeat it again if it continues to elude you. They went to a terrorist training camp. This is not something normal people do. They went to a terrorist training camp. This is not something that "just happens" to normal people. They went to a terrorist training camp. They are being investigated. They went to a terrorist training camp. It is perfectly reasonable to hold them in custody while the investigation proceeds.

Because of this fact: they went to a terrorist training camp.

[Guest Kingpk]

In theory, yes.

 

However, where's the probable cause here? They are Muslims that went to a camp. There is no evidence that they were influenced. They did not act out of the ordinary upon returning. They wished to leave the camp and did as soon as they could.

 

Where's the probable cause?

It's a terror training camp.

 

What the hell do you THINK they went all the way to Afghanistan for?

[Guest danielisthor]

In theory, yes.

 

However, where's the probable cause here? They are Muslims that went to a camp. There is no evidence that they were influenced. They did not act out of the ordinary upon returning. They wished to leave the camp and did as soon as they could.

 

Where's the probable cause?

It's a terror training camp.

 

What the hell do you THINK they went all the way to Afghanistan for?

Probably not for the hot babes and pistachio's. I'm also thinking the night life isn't to great either.

[Guest Tyler McClelland]

They're not being held and under investigation, they've already had hearings, Marney.

 

At least they were allowed that right, but shit, their probable cause is that "Well... ya know... they might have been indoctrinated..."

 

THERE WAS NO CRIME COMMITTED!

 

That's my problem. They went to a terrorist training camp. Yes, not disputed. However, THIS IS NOT SOMETHING FOR WHICH YOU CAN PUT A PERSON ON TRIAL!

 

Investigate, yes. Indict? No. THERE WAS NO CRIME COMMITED!

[Guest Cancer Marney]

The utter stupidity of the traditional knee-jerk liberal reaction never fails to astonish me. All together, kids:

 

They went to a terrorist training camp.

 

We didn't arrest these Moslems because they're Moslems, although I'm sure people like outcast11 would absolutely love it if we had. Liberals practically cream their pants when they get an opportunity - any opportunity, no matter how ridiculous - to shriek "Social injustice!" I'm sorry, but there's nothing unjust about this. We haven't punished anyone yet and we haven't violated anyone's civil rights. We've temporarily inconvenienced six men who associated with the enemy and provided aid and support to the enemy, pending possible further charges.

 

As for the technical details, they are indeed being held in custody, and the investigation is ongoing. The hearings were preliminary and no decision was reached on bail. You just don't know what you're talking about here either.

 

And now back to probable cause. The simple fact is that most Moslems don't go to terrorist training camps. We arrested these particular Moslems because they did go to a terrorist training camp. We don't care if they want to bang their foreheads on the ground five times a day. They went to a terrorist training camp. I promise, that really is the reason.

 

Sheesh...

[Guest DrTom]

Let's see, they trained with Al'Qaeda in the spring and summer of 2001. We already know that Al'Qaeda, up to that point, had already comitted terrorist attacks against the US in 1993, 1998, and 2000. On 9/11, of course, Al'Qaeda murdered 3000 Americans.

 

I think the government could argue for accessories to murder. They might even be able to argue for treason.

 

THERE WAS NO CRIME COMMITTED!

 

There was, and the article mentions it. It is now up to the government to prove its case. If the judge finds that they don't have a case, then the men will be released. I fail to see what the big deal is about this.

[Guest Tyler McClelland]

While I'm definitely not going to concede the point that being jailed is punishment in itself, I will wait to pass judgment. I'm pretty confident the government won't be able to put up a case and you're right, perhaps I'm being a bit hasty in my criticism. My problem is the way they interpreted the "Supporting terrorism" law so liberally.

 

If the judge finds them guilty, I will be bitching up a storm. That's it for now, though.

[Guest Cancer Marney]

You said that by arresting Moslems who went to a terrorist training camp, we were setting a precedent for arresting all Moslems en masse.

It's funny that I'm usually called the bigot around here.

[Guest MrRant]

<------------- Ahem Marney... I believe I earned that honor.

[Guest Cancer Marney]

Just from one guy with a grudge. I've been called a bigot by pretty much every liberal who comes through here.

[Guest Some Guy]

A little tidbit I picked up while listening to Rush Limbaugh the other day: All of these guys are registered Democrats. Hmmmmmmmmmmmmm...................................

[Guest Cancer Marney]

NHB thread on that topic

[Guest Some Guy]

I didn't see the thread but I'll read it now.

[Guest Olympic Slam]

A little tidbit I picked up while listening to Rush Limbaugh the other day: All of these guys are registered Democrats. Hmmmmmmmmmmmmm...................................

Also heard that the majority of them were on Welfare

[Guest Vern Gagne]

The gov't had these guys under surveillance for over a year. If they weren't certain these guys where communicating with terrorist, I don't think they'd arrest these 6 without probable cause.

It should also be mentioned that Muslim's in the Buffalo area reported these 6 to authorities. So an argument about being arrested only because their muslims is a joke.