Iraqi-Born Dutch Citizen Sentenced to 25 Years in Prison for Terrorism Conspiracy Against Americans in Iraq

/PRNewswire / -- An Iraqi-born Dutch citizen was sentenced to 25 years in prison today for conspiring to murder Americans overseas, including by planting roadside bombs targeting U.S. soldiers in Fallujah, Iraq, and by demonstrating on video how these explosives would be detonated to destroy American vehicles and their occupants.

The sentencing of Wesam al-Delaema, age 36, was announced today by David Kris, Assistant Attorney General for National Security; Jeffrey A. Taylor, U.S. Attorney for the District of Columbia; and Joseph Persichini, Jr., Assistant Director in Charge of the Federal Bureau of Investigation (FBI) Washington Field Office.

At a hearing today in U.S. District Court for the District of Columbia, Judge Paul Friedman imposed the 25-year sentence against al-Delaema for conspiracy to murder U.S. nationals outside the United States. Al-Delaema pleaded guilty to this charge on Feb. 25, 2009. The Court made a finding that this offense was a federal crime of terrorism. In addition, video materials referenced in al-Delaema's factual proffer were played in court for the first time.

On Tuesday, in a separate case, al-Delaema was sentenced in Superior Court for the District of Columbia to 18 months imprisonment for aggravated assault. Al-Delaema pleaded guilty to this charge on March 3, 2009, admitting that he kicked a D.C. prison guard to the point of unconsciousness while the guard was prone on the ground during an incident at the D.C. jail in 2007. The prison guard sustained significant injuries, including a subdural hemorrhage, during the incident.

The sentences for these separate offenses are to be served concurrently and were agreed upon as part of the global plea agreement. According to an agreement between the United States and the Netherlands, al-Delaema will serve out his sentence in the Netherlands.

According to the plea agreement and factual proffers filed in court, between October 2003 and May 2, 2005, al-Delaema entered into an agreement with several co-conspirators to murder U.S. nationals in Iraq. As part of the conspiracy, al-Delaema traveled to Fallujah in October 2003. There, al-Delaema and his co-conspirators -- calling themselves the "Mujahideen from Fallujah" -- declared their intentions to kill Americans in Iraq using improvised explosive devices (IEDs).

As part of the conspiracy, al-Delaema and his co-conspirators discussed and demonstrated, on video, the way in which the IEDs they had buried in a road near Fallujah would be detonated and would destroy American vehicles driving on the road and kill the American occupants of those vehicles.

According to the factual proffer that he agreed to, al-Delaema not only created "how-to" and recruitment videos, but also filmed the effects of roadside attacks in Iraq. Furthermore, after his return to the Netherlands, al-Delaema continued to attempt to obtain propaganda videos for those seeking to kill Americans in Iraq, frequently attempting to obtain raw footage of attacks on Americans in Iraq.

Al-Delaema was arrested by Dutch law enforcement authorities on May 2, 2005, and he initially faced similar charges in that country. Following his arrest, Dutch law enforcement and prosecution authorities worked cooperatively with the FBI in its investigation of al-Delaema's terrorist activities.

In September 2005, the United States filed a formal request with the Netherlands seeking al-Delaema's extradition. The extradition request was subsequently granted by a Dutch court and then by the Dutch Ministry of Justice. In December 2006, the extradition request was sustained on appeal in the Netherlands. In January 2007, al-Delaema was flown to the United States, arrested and taken into custody by the FBI.

"This case represents the first use of U.S. criminal courts to prosecute an individual for terrorism offenses against Americans in Iraq," said David Kris, Assistant Attorney General for National Security. "The sentence imposed today should serve notice that the United States will use all available tools to pursue those who would plot attacks against our men and women serving in Iraq."

"The actions of this defendant were repugnant and contributed to the considerable violence against Americans in Iraq," stated U.S. Attorney Jeffrey A. Taylor. "This case, which represents the first use of the United States criminal courts to prosecute an individual for terrorism offenses against Americans in Iraq, demonstrates our resolve to use every tool at our disposal to defend Americans, both at home and abroad."

"The FBI is prepared at a moments notice to vigorously investigate injuries and threats to citizens, whether they occur in or outside the United States," said FBI Assistant Director in Charge Joseph Persichini, Jr. "We would particularly like to thank our Dutch law enforcement partners who worked with us for the past four years to bring this case to fruition."

The investigation into this matter was conducted by the FBI's Washington Field Office, with assistance from the Dutch National Police Agency and the National Office of the Public Prosecutor in the Netherlands. The Office of International Affairs in the Criminal Division of the U.S. Department of Justice coordinated the extradition efforts on behalf of the United States.

The prosecutors handling the case are Assistant U.S. Attorneys Gregg Maisel and Rachel Lieber of the U.S. Attorney's Office for the District of Columbia, and Trial Attorney David I. Miller of the Counterterrorism Section of the Justice Department's National Security Division.

-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page

Leading Civil Liberties and Human Rights Organizations Urge Obama Not to Create On-Shore Guantanamo System

/PRNewswire-USNewswire/ -- Four leading civil liberties and human rights organizations today urged President-elect Obama to implement "an unqualified return to America's established system of justice for detaining and prosecuting suspects" when he fulfills his pledge to shut down the Guantanamo Bay prison camp and military commissions. In a letter delivered to the presidential transition team, the American Civil Liberties Union, Amnesty International USA, Human Rights First and Human Rights Watch state that they "categorically oppose the creation of any other ad-hoc illegal detention system or 'third way' that permits the executive branch to suspend due process and hold suspected terrorists without charge or trial, essentially moving Guantanamo on-shore."

The full text of the letter is as follows:

Dear President-elect Obama:


As heads of four prominent civil liberties and human rights organizations, we wish to convey our uniform position on the steps we believe should be taken once you fulfill your pledge to close the Guantanamo Bay prison camp.

Our groups firmly advocate an unqualified return to America's established system of justice for detaining and prosecuting suspects. We categorically oppose the creation of any other ad-hoc illegal detention system or "third way" that permits the executive branch to suspend due process and hold suspected terrorists without charge or trial, essentially moving Guantanamo on-shore.

As you know, the Geneva Conventions allow for the detention of enemy soldiers captured on the battlefield until the cessation of international armed conflict. But what is new -- and altogether radical -- is the notion that a wartime detention model can be applied to something as amorphous as a "war on terror" that lacks a definable enemy, geographical boundary, or the prospect of ending anytime soon. If a conflict exists everywhere and forever, empowering the government to detain combatants until the end of hostilities takes on a whole new and deeply disturbing meaning.

We are confident that when you take office, you will immediately set a date certain for closing Guantanamo. The new Justice Department should conduct a fresh review of all detainee records to determine whether there is legitimate evidence of criminal activity. Where there is not, detainees should be repatriated to their home countries for trial or release. If there is a risk of torture or abuse in their home countries, they should be transferred to third countries that will accept them or admitted to the United States.

Where evidence of criminal activity does exist, detainees should be prosecuted in traditional federal courts. Contrary to the views of proponents of detention without trial who argue that America's existing courts can't handle terrorism prosecutions, the United States justice system has a long history of handling terrorism cases without compromising fundamental rights of defendants while accommodating sensitive national security issues. In fact, a recent analysis of more than 100 successfully prosecuted international terrorism cases conducted by two former federal prosecutors for Human Rights First found that "the justice system ... continues to evolve to meet the challenge terrorism cases pose." Our courts have proven that they can handle sensitive evidence. The Classified Information Procedures Act (CIPA) outlines a comprehensive set of procedures for federal criminal cases involving classified information. Applying CIPA over the years, courts have successfully balanced the need to protect national security information, including the sources and means of intelligence gathering, with defendants' fair trial rights.

Some have argued that the best way to deal with the toughest cases at Guantanamo would be to establish what amounts to another unconstitutional detention system once the island prison camp is shut down. The proponents of this school of thought claim that there are some detainees who are too dangerous to be released but who cannot face criminal charges. This is mostly based on the assumptions that some detainees have committed crimes not covered by American law, that some cases rely on sensitive national security information that cannot be disclosed in open court, and that the evidence against some detainees would not be admissible in a regular court because it was coerced through torture or abuse.

But federal prosecutors have an imposing array of prosecutorial weapons at their disposal, including laws that criminalize conspiring or attempting to commit homicide, harboring or concealing terrorists, and providing "material support" to terrorist organizations. The government can secure a conviction for conspiracy by showing only an agreement to commit a crime against the United States and any overt act in furtherance of that agreement. If the government cannot meet that minimal burden of proof, it is difficult to see why it should continue to detain a suspect.

It is true that many of the statements obtained from detainees through abusive interrogation would not be admissible in a court of law. But the fact that the American justice system prohibits imprisonment on the basis of evidence tortured out of prisoners is one of its strengths, not a weakness; it's why we call it a "justice system" in the first place. Moreover, one would hope that if a prisoner were as guilty or dangerous as claimed, the government would be able to gather enough admissible evidence to prove its case from untainted sources, such as computers or cell phones that were seized, conversations that were intercepted, or physical surveillance that was conducted.

But most importantly, to create a whole new detention system and enact new legislation to accommodate the Bush administration's shameful torture policies would be a legal and moral catastrophe. Even the most unequivocal repudiation of torture would be hollow if your administration were to construct another regime to hide its occurrence and evade its consequences.

The lessons from the military commissions debacle should be heeded. It is not possible to create a brand new system of justice from scratch in the United States without enduring years of litigation and controversy. Any new national court system or regime that allows detention without due process will be challenged, most likely all the way to the Supreme Court. In the meantime, there will be massive controversy and uncertainty about the fate of detainees caught up in it.

There's no doubt the Bush administration's abhorrent detention policies have left you, the American people and the entire world with a huge mess to clean up. At the same time, you have inherited a huge opportunity to lead America on its journey to regain its values and credibility. This cannot be done with half-steps. There's no such thing as "sort of upholding our principles to the extent possible." We strongly urge you to uncompromisingly restore America's role as a nation that stands for decency, justice and the rule of law.

With gratitude for your consideration in this matter,


Anthony D. Romero
Executive Director
American Civil Liberties Union

Larry Cox
Executive Director
Amnesty International USA

Elisa Massimino
Executive Director
Human Rights First

Kenneth Roth
Executive Director
Human Rights Watch

-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page