Terrorism Defendants Sentenced

/PRNewswire/ -- Ehsanul Islam Sadequee, 23, of Roswell, Ga., and Syed Haris Ahmed, 25, of Atlanta, were sentenced today in federal court following their convictions earlier this year in separate but related criminal trials, the Justice Department announced.

"With their words and their actions, these defendants supported the wrongheaded but very dangerous idea that armed violence aimed at American interests will force our Government and our people to change our policies. That is terrorism, and it will not succeed," said Sally Quillian Yates, Acting U.S. Attorney for the Northern District of Georgia. "The risk posed by men such as these defendants continues, both here and abroad. Hopefully, meaningful sentences such as these will make our citizens and our soldiers safer around the world as the message is sent that we will vigorously investigate and prosecute those who would ally themselves with terrorists."

In Washington, D.C., David Kris, Assistant Attorney General for the National Security Division, said, "This case serves as another reminder of the global nature of the terrorism threat and the importance of international and domestic cooperation in addressing it. These defendants, who conducted surveillance of potential terror targets at home and pursued terrorist training overseas, were part of an online network that connected extremists in North America, Europe and South Asia. I commend all those who were involved in this prosecution and the related investigations around the world."

FBI Atlanta Special Agent in Charge Greg Jones said, "The radicalization of U.S. citizens by jihadist recruiters abroad is a very real and growing concern that the FBI and the U.S. Government as a whole must deal with. The FBI is charged with preventing terrorist attacks before they occur and we are committed to this task. Individuals engaged in such activities as these two individuals cannot successfully argue that such activities are constitutionally protected."

U.S. District Court Judge William S. Duffey, Jr., sentenced Sadequee to a term of 17 years in prison, to be followed by 30 years of supervised release. Judge Duffey sentenced Ahmed to 13 years in prison, also to be followed by 30 years of supervised release.

According to Acting U.S. Attorney Yates and the evidence presented during the trial: Sadequee was born in Fairfax, Va., in 1986. He attended school in the United States, Canada and Bangladesh. In December 2001, while living in Bangladesh, he sought to join the Taliban, to help them in their fight against U.S. and coalition forces in Afghanistan.

Ahmed, a naturalized citizen born in Pakistan in 1984, came to the United States in the mid-1990s. He attended high school in Roswell and Dawsonville, Ga., followed by college studies at North Georgia College and Georgia Tech.

Sadequee and Ahmed began discussing their obligation to support jihad in late 2004. By this time, both Sadequee and Ahmed had become active on several web forums known to support the cause of violent jihad. These discussions quickly grew into an active conspiracy with others to provide material support to terrorists engaged in violent jihad. The evidence indicated that the material support consisted of (1) Sadequee, Ahmed, and other individuals who intended to provide themselves as personnel to engage in violent jihad, and (2) property, namely, video clips of symbolic and infrastructure targets for potential terrorist attacks in the Washington, D.C., area, including the U.S. Capitol, the World Bank headquarters, the Masonic Temple, and a fuel tank farm -- all of which were taken by Sadequee and Ahmed to be sent to "the jihadi brothers" abroad.

At trial, the government presented evidence that Sadequee, Ahmed, and their co-conspirators used the Internet to develop relationships and maintain contact with each other and with other supporters of violent jihad in the United States, Canada, the United Kingdom, Pakistan and elsewhere. In support of the conspiracy, in March 2005 Sadequee and Ahmed traveled to Toronto to meet with other co-conspirators, including Fahim Ahmad, one of the "Toronto 18" suspects awaiting a terrorism trial in Canada. While in Canada, Sadequee, Ahmed, and their co-conspirators discussed their plans to travel to Pakistan in an effort to attend a paramilitary training camp operated by a terrorist organization, as well as potential targets for terrorist attacks in the United States.

In April 2005, Sadequee and Ahmed drove to the Washington, D.C., area to take the casing videos, which the government's evidence showed they made to establish their credentials with other violent jihad supporters as well as for use in violent jihad propaganda and planning. Sadequee later sent several of the video clips to Younis Tsouli, aka "Irhabi007" (Arabic for "Terrorist 007"), a propagandist and recruiter for the terrorist organization Al Qaeda in Iraq, and to Aabid Hussein Khan, aka "Abu Umar," a facilitator for the Pakistan-based terrorist organizations "Lashkar-e-Tayyiba" and "Jaish-e-Mohammed." Both Tsouli and Khan have since been convicted of terrorism-related offenses in the United Kingdom and are imprisoned there.

The government's evidence additionally showed that Sadequee and Aabid Hussein Khan, the convicted U.K.-based terrorist, using a members-only violent jihadist web forum known as "At-Tibyan Publications," recruited at least two individuals to participate in violent jihad. One, a self-identified 17-year-old American convert, was praised by Sadequee for his "capacity of fulfilling [his] largest obligations in [his] native land."

The government also presented evidence at trial that in July 2005, Ahmed traveled from Atlanta to Pakistan in an unsuccessful attempt to enter a paramilitary terrorist training camp and ultimately engage in violent jihad. While in Pakistan, Ahmed met with Aabid Hussein Khan, and the two discussed Ahmed's intention of joining a camp. The day before Ahmed returned to Atlanta, Sadequee departed Atlanta for Bangladesh, carrying with him, hidden in the lining of his suitcase, an encrypted CD; a map of Washington, D.C., that covered all of the areas he and Ahmed had cased; and a scrap of paper with Aabid Hussein Khan's mobile phone number in Pakistan.

Once in Bangladesh, Sadequee began to conspire more closely with Younis Tsouli and Mirsad Bektasevic, a Swedish national of Serbian origins. Specifically, Tsouli, Bektasevic, Sadequee and others formed a violent jihadist organization known as "Al Qaeda in Northern Europe." The group was to be based in Sweden. The evidence at trial showed that in October 2005, Sadequee sought a visa that would allow him to relocate from Bangladesh to Sweden. Bektasevic was arrested in Sarajevo, Bosnia and Herzegovina, on Oct. 19, 2005. He and a co-conspirator were found in possession of over 20 pounds of plastic explosives, a suicide belt with detonator, a firearm with a silencer and a video recorded by Bektasevic demonstrating how to make detonators; showing an arsenal of semi-automatic weapons, grenades, explosives and other arms; and depicting Bektasevic and others placing a grenade booby-trap in a forest near Sarajevo. Sadequee had been in electronic and telephonic contact with Bektasevic as recently as three days before Bektasevic's arrest, discussing the silencer and explosives Bektasevic had acquired for the group. Bektasevic has since been convicted of terrorism offenses in Bosnia and Herzegovina.

Meanwhile, after returning to Atlanta to resume his studies at Georgia Tech in August 2005, Ahmed remained in contact with Sadequee, expressed regret at his failure to join violent jihadists, conducted internet research on topics such as high explosives and defeating Special Operations troops, and discussed his intent to make another attempt to enter a violent jihad training camp. In March 2006, Ahmed was approached by FBI agents and agreed to a series of voluntary, non-custodial interviews over the course of eight days. Amid efforts to deny his illegal activities and mislead the agents, Ahmed made increasingly incriminating statements. Efforts by the FBI to obtain Ahmed's cooperation in the ongoing international terrorism investigation ended after the FBI discovered that Ahmed was surreptitiously contacting Sadequee, who was still in Bangladesh, to advise him of the FBI investigation and to warn him not to return to the United States.

Ahmed was arrested on March 23, 2006, in Atlanta, on material support of terrorism charges. He has been in custody ever since.

Sadequee was arrested on April 20, 2006, in Bangladesh, on charges arising out of false statements he made in an August 2005 interview with the FBI in the Eastern District of New York (EDNY). Sadequee was indicted in the Northern District of Georgia on July 19, 2006, and transferred to Atlanta in August of that year, after the charges in EDNY were dismissed at the Government's request.

This case was investigated by agents and officers of the Atlanta Joint Terrorism Task Force (JTTF), which is led by the FBI, Atlanta Division.

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Obama Gives Hope to Terrorists

TR Note: A good explanation of the mindset of Islamic terrorists is in this story. Thought you'd want to have a better understanding.

President Barack Hussein Obama’s reported dialogue with Islamic terrorists will have dire consequences for the security of the United States and more ominous consequences for survival of Israel and the balance of power in the Middle East. At best, his outreach to Muslim terrorists is a clear example of his complete lack of understanding of what motivates Muslim terrorists. At worst, it represents an almost unthinkable level of complicity with regard to the existence of Israel and the balance of power in the Middle East......

http://homelandsecurityus.com/?p=184

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Targets of Hate in U.S. and Canada Note Suspicious Activity

Violence appears to be escalating. Be careful, America, and take these stories to heart. Americans are being targeted by terrorists on American soil.

Jewish Synagogues, Schools in the U.S. & Canada Targets of Hate

By Douglas J. Hagmann, Director
11 January 2009

On January 6 2009, the Northeast Intelligence Network issued a warning to Jewish centers and synagogues in the United States and Canada to be vigilant for possible violence targeting these locations by resident Muslim extremists and pro-HAMAS supporters. In the five days following the issuance of that warning, four synagogues in greater Chicago, Illinois, including one Jewish school, two Jewish synagogues in West Knoxville, Tennessee, and a synagogue in Edmonton, Alberta Canada have been the targets of hate......
http://www.homelandsecurityus.com/20090111JewishWarning

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Terrorists Chatter about U.S. Jewish Centers

This story was released yesterday. Americans should take heed.

Warning to U.S. Jewish Centers

6 January 2009: Despite official U.S. intelligence reports denying specific threat information as a result of Israeli action in Gaza, the Northeast Intelligence Network has confirmed increased terrorist “chatter” that specifically suggests pre-operational planning by Muslim terrorist operatives against Jewish assets and people throughout North America. “Chatter,” in the lexicon of intelligence agencies, encompasses various forms of communications, from communication intercepts to postings on Arabic language message boards.....

Click to read the full story.

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Member of Afghan Taliban Sentenced to Life in Prison in Nation's First Conviction on Narco-Terror Charges

/PRNewswire-USNewswire/ -- A member of an Afghan Taliban cell was sentenced today in U.S. District Court for the District of Columbia to two terms of life in prison on drug and narco-terrorism charges, Acting Assistant Attorney General Matthew Friedrich of the Criminal Division announced.

Khan Mohammed, 38, was ordered by U.S. District Judge Colleen Kollar-Kotelly to serve the two life sentences concurrently as well as 60 months of supervised release, served consecutively, for each of the two counts of conviction following the prison term. Mohammed was convicted on May 15, 2008, after a seven-day jury trial on one count of distribution of one kilogram or more of heroin knowing and intending that it be imported into the United States and one count of narco-terrorism, or the distribution of a controlled substance (in this case heroin and opium) in order to provide something of pecuniary value to a person or group that has engaged or is engaging in terrorist activity. The conviction represented the first time a defendant had been convicted in U.S. federal court of narco-terrorism since the statute was enacted in March 2006.

Mohammed, an Afghan national, was arrested on Oct. 29, 2006, near Jalalabad, Nangahar Province, Afghanistan. Mohammed waived extradition and was brought from Afghanistan to the United States in November 2007.

"A violent jihadist and narcotics trafficker, Khan Mohammed sought to kill U.S. soldiers in Afghanistan using rockets," said Acting Assistant Attorney General of the Criminal Division Matthew Friedrich. "Today's life sentences match the gravity of the crimes for which he was convicted."

"The conclusion of Khan Mohammed's prosecution demonstrates DEA's ability and determination to go to the far corners of the world to bring to justice narco-terrorists who seek to harm Americans," said DEA Acting Administrator Michele M. Leonhart. "Today's strong sentence in this groundbreaking case is the result that can be expected by those who support terrorism by trafficking in narcotics."

The evidence at trial established the following:

The investigation began in August 2006 when a concerned Afghan farmer (testifying under the pseudonym "Jaweed") approached Drug Enforcement Administration (DEA) agents through local Afghan law enforcement. He provided them with information that the Taliban in Peshawar, Pakistan, had attempted to recruit him to conduct a rocket attack on the Jalalabad Airfield, a facility used jointly by U.S. and NATO forces in Nangarhar Province, Afghanistan. The Taliban identified their local operations coordinator as Khan Mohammed, who was then a village elder in the Chaprahar District of Nangarhar Province, and with whom Jaweed was familiar.

Jaweed, agreeing to wear a recording device, met with Mohammed, who discussed prior attacks he had committed on government vehicles and facilities, confirmed that he was aware of the plan to attack the airfield, and discussed with Jaweed acquiring rockets and other munitions to conduct attacks on Americans, other Westerners and those Afghans who collaborated with them, stating "[t]he Americans are infidels and Jihad is allowed against them. If we have to fire [the missiles] toward the airport, we will do it and if not the airport, wherever they are stationed we will fire at their base too. I mean we have to use the mines too. God willing, we and you will keep doing our Jihad." Frequently during later conversations, additional references were made by Mohammed concerning the need to obtain rockets, meetings planned with other Taliban members, and the need to eliminate "infidels," a term Mohammed used to identify Americans, British, and other coalition forces, as well as Afghan citizens who assisted them. Evidence introduced at trial also proved that Mohammed previously engaged in similar terrorist rocket attacks against Afghan government targets.

During their initial interviews of Jaweed, the DEA agents were told that Mohammed had previously been involved in opium and heroin trafficking. This was later confirmed by Mohammed during several recorded conversations. Over this series of recorded conversations, Mohammed agreed to act as a broker for the purchase of opium, selecting the opium seller and negotiating on Jaweed's behalf.

In mid-September 2006, Mohammed accompanied Jaweed to an opium dealer's house, where, on videotape shown at trial, Mohammed was seen inspecting opium, handling negotiations and assisting Jaweed in the purchase of 11 kilograms. On later learning that the opium was intended for conversion into heroin to be imported into the United States, Mohammed replied, "[G]ood, may God turn all the infidels to dead corpses."

After purchasing the opium, Mohammed expressed his willingness to also sell heroin, particularly since it would be going to the United States. As Mohammed stated at various times, "Jihad would be performed since they send it to America," and "[m]ay God eliminate them right now, and we will eliminate them too. Whether it is by opium or by shooting, this is our common goal..." At the request of the DEA, Jaweed approached Mohammed to purchase heroin. On Oct. 18, 2006, Mohammed was seen on videotape shown at trial, in the presence of his four-year-old son, distributing two kilograms of heroin to Jaweed.

According the evidence presented at trial, the Taliban are an ultraconservative, Islamic militia that has continued to mount an insurgency against the Afghan government since it was removed from power in Afghanistan by Coalition forces in late 2001. According to court documents, as early as 1999, when the Taliban controlled much of Afghanistan, the United States recognized that they were facilitators of terrorism. DEA agents testified at trial that the Taliban has taken on a central role in every stage of opium/heroin production and transportation, relying on it as a principal source of funding for its activities. One agent testified that more than 50 percent of DEA cases have a definitive Taliban dimension.

The case was prosecuted by Trial Attorney Matthew Stiglitz, Deputy Chief for Litigation Julius Rothstein and paralegal Arianne Tice from the Criminal Division's Narcotic and Dangerous Drug Section. The investigation was led by the DEA, in close cooperation with Afghan law enforcement.

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Remembering Flight 103

To mark the 20th anniversary of the terrorist bombing of Pan Am Flight 103 yesterday, families of the victims and many of the investigators who helped solve the case joined together at Arlington National Cemetery to bear witness that lost loved ones will never be forgotten and that the fight against terrorism will never stop.

On December 21, 1988, Flight 103 exploded over Scotland as it headed from London to New York. All 259 passengers onboard died—189 of them Americans—along with 11 Scots on the ground when the plane crashed in the small town of Lockerbie.

“It is perhaps of some significance that this terrorist act took place on December 21, the longest night of the year,” FBI Director Robert S. Mueller III told the crowd of about 200 family members

The families—from grandparents to infants—came together on a blustery winter day for a ceremony that included laying wreaths at a memorial cairn dedicated in 1995. Many wore blue scarves that said “WE REMEMBER” with the name of their lost loved one inscribed along with the date—“12.21.88.”

Investigators at the crash site of Pan Am Flight 103.

The darkness that descended on Lockerbie that winter night was devastating, and it was felt around the world. More than a dozen years before the 9/11 attacks brought home the horror of terrorism on American soil, the Pan Am bombing was the world’s most deadly act of air terrorism.

From the devastation, however, the victims’ families came together and found strength as well as a purpose: to be a voice for those who had died. And the FBI and Scottish authorities, along with law enforcement organizations and intelligence agencies around the world, cooperated in unprecedented ways to investigate one of the most complicated cases of international terrorism we had ever seen.

Ultimately, the evidence led to Libyan intelligence agents, and in 2001, Abdel Basset Ali Al-Megrahi was found guilty of the bombing. A co-defendant was found not guilty. The Libyan government formally accepted responsibility for the bombing and agreed to pay $3 billion to the victims’ families.

The case holds special significance for Mueller, who in 1988 was Assistant Attorney General of the Criminal Division of the Department of Justice and headed up the investigation. “Let me say that I was confident then, and I remain confident to this day, that those we convicted were responsible for this terrorist act,” he said.

Mueller noted that while the passage of 20 years “may dull the deepest wounds, it cannot make them disappear. But time also provides a way forward,” he said, applauding the families for their successful advocacy to improve aviation security and to keep the threat of terrorism in the public eye.

“It may have been easier to turn from this tragedy and to find peace in a more private way,” he said, “but you have continued to push government officials to recognize the danger of terrorism, here at home and abroad.”

Fighting terrorism, he added, “remains the Bureau’s top priority. For those of us in the FBI, our work is not merely finding and prosecuting those who would do us harm. It is making sure that other families will not suffer as you have.”

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Five Radical Islamists Convicted of Conspiring to Kill Soldiers at Fort Dix

A jury today convicted five men on charges they plotted to kill members of the U.S. military, Acting United States Attorney Ralph J. Marra, Jr. announced.

After 5½ days of deliberations, which began Dec. 17, the jury convicted Mohamad Ibrahim Shnewer, brothers Dritan Duka, Shain Duka and Eljvir Duka and Serdar Tatar on Count One of the seven-count Superseding Indictment that charged them with conspiracy to murder members of the U.S. military. The jury acquitted each of defendants of Count Two, which charged attempt to murder members of the U.S. military.

For the conspiracy conviction only, each of the defendants faces a sentence of any number of years up to life in prison.

The case was tried by Deputy Assistant U.S. Attorney William E. Fitzpatrick and Assistant U.S. Attorney Michael A. Hammer, Jr., Chief of the U.S. Attorney’s Office Terrorism Unit. U.S. District Judge Robert B. Kugler, who presided over the 12-week trial, scheduled sentencing of the three Duka brothers for April 22. Judge Kugler scheduled sentencing of Shnewer and Tartar on April 23.

The remaining counts of the Superseding Indictment, which was returned in January, charged the three Duka brothers, who are illegal immigrants, and Shnewer with firearm offenses; including possession of machine guns. See below for conviction details on each of the defendants.

The defendants’ arrests occurred on May 7, 2007, in Cherry Hill as Dritan and Shain Duka were meeting a confidential government witness to purchase four automatic M-16 rifles and three semi-automatic AK-47 rifles to be used in a future attack on military personnel. The other defendants were arrested at various locations at about the same time.

“These men planned, trained and ceaselessly talked unambiguously about their intention to ambush and kill U.S. soldiers,” said Marra. “The word should go out to any other would-be terrorists of the homegrown variety that the United States will find you, infiltrate your group, prosecute you and send you to a federal prison for a very long time.”

“Vigilance was the key to disrupting the dangerous terrorists convicted today and we are glad they are off the street,” said Janice K. Fedarcyk, Special Agent in Charge of the Philadelphia Division of the FBI. “We appreciate the tip from an alert citizen who reported this suspicious activity to law enforcement. Without tips from concerned citizens or cooperation from our law enforcement partners, it is much more difficult to safeguard our nation and protect the
United States from terrorist attack.”

“Today's verdicts underscore the need for continued vigilance against homegrown terror threats,” said Patrick Rowan, Assistant Attorney General for National Security. “While these defendants were not members of an international terrorist organization, their involvement in weapons training, their surveillance of domestic targets and their discussions of killing U.S. military personnel posed a serious threat that required the law enforcement disruption and the prosecutions upheld by the jury today.”

In convicting the defendants, the jury found that one member of the group conducted surveillance at Fort Dix and Fort Monmouth in New Jersey, Dover Air Force Base in Delaware and the U.S. Coast Guard in Philadelphia. The co-conspirator obtained a detailed map of Fort Dix, where they hoped to use assault rifles to kill as many soldiers as possible,
according to trial testimony and evidence.

During the trial, the jury viewed secretly recorded videotapes of the defendants preforming small-arms training at a shooting range in the Pocono Mountains in Pennsylvania and watching training videos amongst themselves that included depictions of American soldiers being killed and of known foreign Islamic radicals urging jihad against the United States.

The defendants and the charges on which each was convicted are as follows:

• Mohamad Ibrahim Shnewer, 23, of Cherry Hill: conspiracy to murder members of the members of the U.S. military, and the attempted possession of AK-47 semi-automatic assault weapons to be used in the attack.

• Dritan Duka, 30 of Cherry Hill: conspiracy to murder members of the U.S. military; possession of machine guns; possession and attempted possession of machine guns in furtherance of a crime of violence; and two counts of possession of firearms by an illegal alien.

• Shain Duka, 27, of Cherry Hill: conspiracy to murder members of the U.S. military; possession of machine guns; possession and attempted possession of machine guns in furtherance of a crime of violence; and two counts of possession of firearms by an illegal alien.

• Eljvir Duka, 25, of Cherry Hill: conspiracy to murder members of the U.S. military, and possession of firearms by illegal aliens. The jury acquitted on one count of possession and attempted possession of machine guns in furtherance of a crime of violence.

• Serdar Tatar, 25, of Philadelphia: conspiracy to murder members of the U.S. military.

A sixth co-defendant, Agron Abdullahu, 26, of Buena Vista Township, Atlantic County, pleaded guilty before Judge Kugler on Oct. 31, 2007, to aiding and abetting the Duka brothers’ illegal possession of weapons. Abdullahu was arrested on May 7, 2007, along with the defendants convicted today. On March 31, 2008, Judge Kugler sentenced Abdullahu to 420 months in federal prison.

The charge of conspiracy to murder members of the U.S. military carries a sentence of any number of years up to life in prison. The charge of possession of a machine gun in furtherance of a crime of violence carries a statutory maximum penalty of 30 years imprisonment. The charge of attempted possession of AK-47 semi-automatic assault weapons to be used in the attack carries a statutory maximum penalty of 10 years imprisonment. Each count of unlawful possession of machine guns carries a maximum statutory penalty of 10 years in prison. Each count of being an illegal alien in possession of firearms carries a maximum statutory penalty of 10 years in prison.

Marra credited the Special Agents of the FBI's Philadelphia Division and the FBI South Jersey Joint Terrorism Task Force, under the direction of Special Agent in Charge Fedarcyk, in Philadelphia, for investigation of the case.

Marra and Fedarcyk also thanked investigators with member agencies of the FBI South Jersey Joint Terrorism Task Force, which comprises ICE’s Philadelphia Division, under the direction of Special Agent in Charge John P. Kelleghan, the Camden County Prosecutor's Office, under the direction of the Prosecutor Warren W. Faulk, NJ State Police, under the direction of Col. Joseph "Rick" Fuentes, Superintendent, and the Delaware River Port Authority Police, under the direction of Chief Dave McClintock, for their tireless efforts on the investigation.

Additionally, Marra and Fedarcyk would like to thank the following agencies for their assistance and support: the U.S. military services at Fort Dix, Fort Monmouth, Dover Air Force Base, and the U.S. Coast Guard in Philadelphia, along with the Cherry Hill Police Department, Mt. Laurel Police Department, Cherry Hill Fire Department, Camden County Sheriff's Department, Philadelphia Police Department, Pennsylvania State Police, the Burlington County Prosecutor's Office, and N.J. Homeland Security.

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

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