IN THE UNITED STATES DISTRICT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UMTED STATES OF AMENCA v. Criminal No. 1 :05CR53 Count 1: 18 U.S.C. ? 2339% Conspiracy to Provide Material Support and Resources to Designated Foreign Terrorist Organization (Al-Qaeda) Count 2: 18 U.S.C. g2339B Providing Material Support and Resources to Designated Foreign Terrorist Organization (Al-Qaeda) Count 3: 18 U.S.C. F, 2339A Conspiracy to Provide Mnterial Support to Terrorists Count 4: 18 U.S.C. ? 2339A Providing Material Support to Tenorists Count 5: 50 U.S.C. F, 1705(b); 31 C.F.R. 5 595.204 Contribution of Services to Al-Qaeda AIj[MED OMAR ABU ALI, Defendant Count 6: 50 U.S.C. 5 1705(b); 31 C.F.R. 5 595.204 Receipt of Funds and Services from Al-Qaeda Count 7: 18 U.S.C. F, 1751 Conspiracy lo Assassinate the President Count 8: 49 U.S.C. 5 46502(a)(2) Conspiracy to Commit Aircraft Piracy Count 9: 18 U.S.C. F, 32(b)(4) Conspiracy to Destroy Aircrafi SUPERSEDING INDICTMENT September 2005 Term - At Alexandria General AUe~ations THE GRAND 3URY CHARGES THAT: 1. At all times relevant to this Indictment, al-Qaeda (also known as al-paida) was a worldwide, muttinational, terrorist organization dcdiwted to opposing non-Islamic governments, particularly the United Stales, with force and violence. Al-Qaeda was founded by Usama bin Laden and other individuais. 2. Beginning in approximately 1989, bin Laden and al-Qaeda sponsored, managed, and financially supported training camps in Afghanistan and elsewhere. These camps were used L o instruct membcrs and associates of al-Qaeda and its affiliated terrorist groups in the use of firearms, explosives, chemical weapons, and other weapons. In addition to providing training in the use of various weapons, these camps were used to conduct operational planning ngainst targets around the world. These camps also werc used to train al-Qaeda members and associates in security and counterintelligence methods, such as the use of codes, passwords, and suweillancc techniques. 3. Beginning in the 1990s, bin Laden and other individuals associated with al-Qaeda sought to recruit Unitcd States citizens and citizens of other Western countries in order to exploit their ability to blend into Westem society and mvel more freely within theunited States and Western Europe in furtherance of al-Qaedn's operational and strategic objectives. 4. On or about Jaiuary 23, 1995, President William J. Clinton, exercising his authority under the International Emergency Economic Powers Act, issued Executive Order 12947, in which he found that "gave acts of violence committed by foreign terrorists that disrupt the Middle East peace process constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States . . . ." In Section l(b) of the Executive Order, President Clinton ordered that "any transaction or dealing by United States persons or withm the United States in property or interests in property of the persons designated in or pursuant to this order is prohibited, including the making or receiving of any contribution of funds, goods, services 10 or for the benefit of such persons . . . ." 5. I or about February 1998, Bin Laden and Ayman al-Zawahiri, another senior aln Qaeda official, issued a declaration under the heading "International lslamic Front for Jihad on the Jews and Crusaders," which stated that "[klilling Americans and their allies military - - civilian and ,I is an individual duty for every Muslim who can do it in any country in which it is possiblc to do i t . . . ." 6. On or about August 20, 1998, following terrorist attacks on the U S . embassies in Kcnya and Tanzania that resulted in the deaths of over two hundred people, President William J. Clinton issued Executive Order 13093 "in order to take additional steps with respect to grave acts of violence committed by foreign terrorists that disrupt the Middle East peace process and the national emergency described and dcclared in Executive Order 12947 of January 23, 1995 . . . ." Section 1 of Executive Order 13099 amended the Annex to Executive Order 12947 to add the lslamic Army, also known as al-Qdida, to the list of "Te~roristsWho Threaten to Disrupt the Middle East Peace Process." 7. As a result of Executive Order 13099, it became unlawful for United States persons to make nny contribution of funds, goods, or scrvices lo or for the benefit of al-Qaeda, or to receive any funds, goods, or senices Eom at-Qaeda. 8. On or about October 8, 1999, al-Qaeda was designated as a foreign terrorist organkation by the Secretary of State pursuant to Section 219 oC the Immigration and Nationahty Act. As a result of this designation, it became unlawful for individuals within the United States, or individuals subject to United States jurisdiction, to knowingly provide material support or resources to al-Qaeda, or to attempt or conspire to do so. 9. For purposes of this indictment, the term violent jihad refers to the use of armed force by. and on behalf of Muslims, to achieve objectives believed to be sanctioned by Islam. 10. On September 11,2001, in a coordinated attack against the United States, Islamic extremists associated with al-Qaeda hijacked four commercial airplanes. They flew two of the planes into the World T r d e Center towers in New York Cily, and one into the Pentagon in Virginia The fourth plane crashed in Pennsylvania Thousands of individuals were killed or injured, and there was enormous destruction of property. 11. On or about Seplember 23,2001, Presjdcnt George W. Bush, exercising his authority under the International Emergency Economic Powers Act, issued Executive Order 13224. In that Executive Order, President Bush found that "grave acts of terrorism and threats of terrorism committed by foreign tcrrorisls, including the terrorist attacks in New York City, Pennsylvania, and the Pentagon committed on September 11,2001 . . . . and the continuing and immediate threat of further attacks on Unit4 States nationals or the United States constitute an unusual and extraordinary threat to the national security of the United States." President Bush therefore declared "a national emergency to deal with that threat." 12. Section 2(a) of Executive Order 13224 prohibited any future "transaction or dealing by United Slates persons or within the United States in property or interests in property blocked [under the Executive Order], including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of those persons hsted in thc Annex to this order or determined to be subject to this order." The first entity named in the Annex to Executive Order 13224 was "A1 Qaida/lslamic Army." 13. On or about May 7,2003, the Saudi Government issued a public announcement containing the names .and photographs of 19 individuals wanted for terrorist activity in Saudi Arabia Among the individuals named in the announcement were Coconspirator #2 and Coconspirator #4. 14. On or about May 12,2003, terrorist attacks were camed out against residential con1pounds in Riyadh, Saudi Arabia, resulting in the deaths of approximately 34 individuals, including 9 Amer~cans. 15. After the terrorist attacks in Riyadh on or about May 12,2003, Saudi authorities located and arrested several individuals who belonged to clandestine te~~orist in Saudi cells Arabia, including individuals who were members of an al-Qaeda cell in Medina headed by Coconspirator #4. 16. After his arrest, one of the members of thc al-Qaeda cell in Medina headed by Coconspirator #4 revicwed a photograph of defendant ABU ALI, and identified the person in the photograph as a mcmber of that cell. 17. On or about June 9,2003, defendant AHMED OMAK ABU ALI ("ABU ALI"), a United States citizcn who last residcd in the United Statas,in Falls Church, Viginiq in the Eastern Dislnct of Virginia, was arrested by Saudi authorities in Medina. 18. On or about June 16,2003, defendant ABU ALI possessed at his residence in Falls Church, Virginia, in the Eastern District of Virginia, thc following: a. A six-page document rcgarding various forms of surveillance by the government and private entities, and how to avoid such surveillance; b. An undated, two-page document praising the Taliban leader Mullah Ornar and the terrorist attacks on September 11,2001, and condemning U.S. military action in Afghanistan; c. An issuc of the magazine "Handguns" bearing a subscription labei in the name of "Ahmed Ali"; d. Audio tapes in Arabic promoting violentjihad, the killing of Jews,and a battle by Muslims against Christians and Jews; and e. A book written by senior al-Qaeda official Ayman al-Zawahiri, in which al-Zawahiri characterizes democracy as a new religion that must be destroyed by war, describes anyone who supports denlocracy as an infidel, and condemns the Muslim Brotherhood for renouncing violent jihad as a means to establish an Islamic state. f. An address book contnining lhe name, telcphone number, and address in Saudi Arabia of Coconspirator #I. 19. On or about June 26,2003, Coconspirator #4 turned himself in to Saudi authorities. 20. On or about September 23,2003, Coconspirator #2 was killed in a shoot-out with Saudi authorities. COUNT ONE Conspiracy to Provide Material Support and Resources to a Desirnated Foreien Terrorist Or~anization lai-Oaeda) THE GRAND JURY FURTHER CHARGES THAT: 1. The Grand Jury realleges and incorporates by reference the General Alleydtions of this Indictment. 2. Beginning on a dale unknown but by at lcast September 2002, and continuing through June 9,2003, defendant ABU ALI, a United States citizen subjcct to the jurisdiction of the United States, in the Eastern District of Virginia and outside the jurisdiction of any particular ih state or district, did knowingly and unlawfully combine, conspire, confederate, and agree, w t others known and unknown to the grand jury, to knowingly provide material support and resources, as that term is d e I i in 18U.S.C. $2339A(b), to a foreign terrorist organization, namely al-Qaeda. 3. In 2000, defendant ABU ALI, then living in Falls Church, Virginia, in thc Eastern District of Virginia, traveled from Washington Dulles International Airport in the Eastern District of Virginia to Saudi Arabia to pursue religious studies in Medina. While in Medina, ABU ALI met and lived with Coconspirator #1. ABU ALI and Coconspirator #1 became friends. 4. On or about August 28,2000, defendant ABU ALI returned from overseas to Washington Dulles International Airport in the Eastern District of Virginia Following his return to the United States, ABU ALI kept in contact with Coconspirator #l. 5. On or about August 12,2001, defendant ABU ALI traveled from ihe United States to Saudi Arabia to pursue religious studies. 6. While in Saudi Arabia following the September 11,2001, terrorist attacks in the United States, defendant ABU ALI verbaUy expressed support for those attacks. 7. In or around September 2002, defendant ABU ALI traveled fiom Washington Dulles lntcmational Airport in the Eastern District of Virginia to Saudi Arabia At the time he departed the United States, he was residing in Falls Church, Virginia, in the Eastern District of Virginia. 8. In a conversation with defendant ABU ALI aAcr the defendant arrived in Saudi Arabia, Coconspirator #1 offered to introduce ABU ALI to a "mujahid brothef'who had fought at Tora B o n in Afghanistan. ABU ALI welcomed the opportunity to meot the "mujahid brother." 9. Betwecn in or around September 2002 and on or about June 9,2003, Coconspirator #1 introduced defendant ABU ALI to Coconspirator #2 in Medina. 10. Between in or around September 2002 and on or about June 9,2003, defendant ABU ALI and Coconspirator #2 met on multiple occasions in Jeddah and Medina, Saudi Arabia 11. It was defendant ABU ALl's intent to become a planner of tmorist operations like Muhaniruad Atka and Khalid Sheikh Muhammad, well known al-Qaeda terrorists associated with the attacks on September 11,2001. 12. Between in or around September 2002 and on or about June 9,2003, Coconspirator #2 introduced defendant ABU ALI to Coconspirator #4 in Saudi Arabia. ABU ALI knew and understood that Coconspirator #2 and Coconspirator #4 were associated with al-Qaeda. 13. Between in or around September 2002 and on or about June 9,2003, ABU ALI met clandestinely with Coconspirator $4 in Medina, Saudi Arabia on sever& occasions. 14. Between in or around September 2002 and on or about June 9,2003, defendant ABU AL1 discussed with Coconspirator #2 and Coconspirator #4 plans L assassinate President of the o United States George W. Bush. The tactics discussed for conducting the assassination included (I) an operation in which multiple snipers would shoot the President; and (2) a suicide bombing operation. Defendant ABU ALI agreed to carry out the assassination of the President. 15. Betwcen in or around September 2002 and on or about June 9,2003, dcfendant ABU ALI discussed plans for assassinating President Bush wt Cownspirator #3, and obtained a ih religious blessing from Coconspirator #3 to assassinate President Bush. 16. Between in or around September 2002 and on or about Junc 9,2003, defendant ABU ALI decided to go to Afghanistan for violent jihad against American military personnel there. Hc applied for a visa lo travel to lran as a means to enter Afghanistan, but his application was ,J denied. 17. Bctween in or around Septernbcr 2002 and on or about June 9,2003, defendant ABU ALI offered himself to persons in Saudi Arabia associated with al-Qaeda as an individual committed to furth&ng thc objectives of al-Qaeda. 18. Between in or around September 2002 and on or about June 9,2003, defendant ABU ALI wen1 to safehousc locations in the Medina area used by members of an al-Qaeda cell. 19. Between in or around September 2002 and on or about June 9,2003, dcfendant A B U ALI received lodging at locations in the Medina area h m persons whom hc knew and understood to be associated with al-Qaeda. 20. Between in or around September 2002 and on or about June 9,2003, defendant ABU ALI, for the purposes of providing material support to al-Qaeda, received from Coconspirator #4, an individual whom he knew to bc associated with al-Qaeda, 5,000 Saudi riyals to purchase a laptop computer, 1,000 Saudi riyals to purchase a cellular telephone, and 750 Saudi riyals to purchase books. 21. On or about April 2,2003, for the purposes of providing material support and resources to al-Qaeda, defendant ABU ALI purchased a Hewlelt Packard laptop computer in Medina, Saudi Arabia, with the money that Coconspirator #4 had given him. 22. Between in or arouiid September 2002 and on or about June 9,2003, defendant ABU ALI purchased a cellular telephone with the money that Coconspirator #4 had given hi. 23. Between in or around September 2002 and on or about June 9,2003, ~ocons~irator #d discussed with defendant ABU ALI the manner and means by which ABU ALI could providc material support and rcsowces to al-Qaeda, including establishing an al-Qaeda cell in the United States and conducting a terrorist operation there. 24. Between in or around September 2002 and on or about June 9,2003, Coconspirator #4 told defendant ABU ALI that he would send operatives to help ABU ALI carry out terrorist operations inside the United States. 25. Between in or around September 2002 and on or about June 9,2003, defendant ABU ALI, for the purposes of providing material support and resources to al-Qaeda, proposed to Coconspirator #4 that members of an al-Qaeda cell in Saudi Arabia be infiltrated into the United States from Mexico, then link up with the defendant in the United States. 26. Between in or around September 2002 and on or about June 9,2003, defendant ABU PLLT provided himself to individuals in Saudi Arabia associated with al-Qaeda for the purpose of receiving training to conduct activities in furtherance of al-Qaeda's operational and strategic objectives. 27. Between in or ,round September 2002 and on or about June 9,2003, for the purposes of providing material support and resources to al-Qaeda, defendant ABU ALI received training in weapons (including hand grenades) and explosives from Coconspirator #2 and Cownspiralor #4, whom he knew and understood were associated with al-Qaeds 28. Between in or around September 2002 and on or about June 9,2003, for the purposes of providing material support and resources to al-Qaeda, defendant ABU ALI received training in document forgery from Coconspirator #11, whom he knew and understood was associated with al-Qaeda 29. Between on or around September 2002 and on or about June 9,2003, Coconspirator #4 gave defendant ABU ALI a portable memory device containing a video of American pilots conducting military operations in Afghanistan and vnrious documents, including documents relating lo operational security for the al-Qaeda cell headed by Coconspirator #4. 30. Between on or around April 2,2003, and on or about June 9,2003, defendant ABU ALI used the Hewlett Packard laptop wmputcr that he had purchased with money from Coconspirator #4 to review the materials on the portable memory device that Coconspirator #4 had given to him, including the video of American pilots conducting military operations in Afghanistan and documents relating to operational security for the al-Qa& cell headed by Coconspirator #4. 3 1. Between in or around Scptember 2002 and on or about June 9,2003, defendant ABU ALI, for the purposes of providing material support and resources to al-Qaeda, proposed to Coconspirator ii4 that several kinds of terrorist attacks be conducted against the Unitcd States, including attacks on aircraft departing the United States. 32. In or about late May 2003, defendant ABU AL1 pcrrormed guard duty T an al-Qaeda w cell at one of its safehouse locations in the Medina area of Saudi Arabia. 33. Between in or around September 2002 and on or about June 9.2003, defendant ABU ALI and Coconspirator #4 discussed a plan to hijack commercial airmat? departing from locations airspace. outside the United States and transiting U.S. 34. Between in or around September 2002 and on or about June 9,2003, in response to a request by Coconspirator #4, and in support of a plan to hijack comme~cial aircraff dcfendant ' ABU ALI conducted research on commercial airline flights originating from outside the United States that were scheduled to transit the Unitcd States, and reported his findings to Coconspirator #4. In reporting his findings to Coconspirator #4, dcfendant ABU ALI asked Coconspirdtor #4 for specific dates of flights to narrow the results of his research. 35. Between in or around September 2002 and on or about June 9,2003, in response to a request by Coconspiralor #4, defendant ABU ALI translated from English into Arabic the audio portion of a video concerning operations by US.miljtary aircraft in Afghanistan. 36. On or about June 9,2003, at his dormitory room at the University of Medina in Medina, Saudi Arabia, the defendant ABU A U possessed the following: (1) a personal address book containing the name of Coconspirator #f ;(2) a Global Positioning Satellite (GPS) device; (3) jihadist literature; (4) a Nokia cell phone containing an entry for Coconspirator #l; (5) a Jordanian passport; (6) two Motorola walkie-talkies. (In violation of Title 18, United States Code, Section 2339B) 14 COUNT TWO Providing Material Support and Resources to a Desirnated Foreien Terrorist Oreanizatiog(a1-0aeda) 1. The Grand Jury realleges and incorporates by reference the General Allegations and Count One of this Indictment. 2. Between in or around September 2002 and on or about June 9,2003, defendant ABU ALL a United Slates citizen subject to the jurisdiction of the United States, in the Eastern District of Virginia and outside thc jurisdiction of any particular state or district, did knowingly and unlawfully provide material support and resources, as that term is defined in 18 U.S.C. tj 2339A@), to a foreign terrorist organi7ation, namely al-Qaeda (In violation of Title 18, United States Code, Section 2339B) 15 COUNT IXflEE THE GRAND JURY FURTHER CHARGES THAT: 1. The Grand Jury realleges and incorporates by reference the General Allegations and Count One of lhis Indictment. 2. Beginning on a date unknown but by at l e s t September 2002, and continuing through on or about June 9,2003, defendant ABU ALI, a TJnited States citizen subject to the jurisdiction of the United Statcs, in the Eastern District of Virginia and outside the jurisdiction of any particular state or district, did knowingly and unlawfully conspire to knowingly provide material support and resources, as that lerm is defined in 18 U.S.C. 5 2339A@), knowing and intending that they were to be used in preparalion for, and for canyjng out, the assassination of the President of the Unitcd States, in violation of 18 U.S.C. $ 1751. (In violation of Title 18, Unitcd States Code, Section 2339A(a)) 16 COUNT FOUR Providing Materisi Support and Resources to Terrorists THE GRAND JURY FURTHER CHARGES THAT: 1. The Grand Jury realleges and incorporates by reference the General Allegations and Count One ofthis Indictment. 2. Between in or around September 2002 and on or about June 9,2003, defendant ABU ALI, a United States citizen subject to the jurisdiction of the United States, in the Eastern District of Virginia and outside the jurisdiction of any particular state or district, did knowingly and unlawfully provide material support and resources, as that term is defined in 18 U.S.C. 5 2339A(b), knowing and intending that they were to be used in preparation for, and for carrying out, the assassination of the President of the United States, in violation of 18 U.S.C. 5 1751. (ln violation of Title 18, United States Code, Section 2339A(a)) I7 COUNT FIVE Contribution of Services to al-Oaeda 1. The Grand Jury realleges and incorporates by reference the General Allegations and Count One of this Jndictsnent. 2. Between in or around September 2002 and on or about June 9,2003, defendant ABU ALI, being a United States person, in the Eastern District of Virginia and outside the jurisdiction of my particular state or district, did willfully and unlawfully violale a regulation issued under Chapter 35 of Title 50, United States Code, in that defendant did willfully make and attempt to make a contribution of scrvices to and for the benefit of al-Qaeda, a specially designated terrorist. (1 3 violation of Title 50, United States Code, Section 1705@);Executive Order 13099; Title 31, Code of Federal Regulations, Section 595.204) COUNT SIX Receipt of Funds and Services from al-Oaeda 1 The Grand Jury realleges and incorporates by reference the General AIlegations and . Count One of this hdictment. 2. Between in or around September 2002 and on or about June 9,2003, defendant ABU ALI, being a United States person, in the Eastern District of Virginia and outside the jurisdiction of any particular state or district, did willfully and unlawfully violate a regulation issued under Chapter 35 of Titie 50, United States Code, in that defendant did wiltfully and unlawfully receive funds and services from al-Qaeda, a specially designated terrorist. (In violation of Title 50, United States Code, Section 1705(b); Executive Order 13099; Title 31, Code of Federal Regulations, Section 595.204) 19 COUNT SEVEN Consairacv to Assassinate the President o f the United States 1, Thc Grand Jury realleges and incorporates by reference the General Allegations and Count One of this indictment. 2. Between in or around September 2002 and on or about June 9,2003, defendant ABU ALI, in the Eastein District of Virginia and outside the jurisdiction of any particular state or district, did knowingly and unlawfilly combine, conspire, confederate, and agree, with others known and unknown to the grand jury, to kill the Prcsidenl of the United States. (In violation of Title 18, United Statcs Code, Section 1751(d).) 20 COUNT EIGHT Consoiracv to Commit Aircraft Piracy 1. The Gran.d Jury reaUegcs and incorporates by reference the General Allegations an Count One of this Indictment. 2. Bchveen in or around September 2002 and on or about June 9,2003, defendant ABU ALL, a United States citizen, in the Eastern District of Virginia and outside the jurisdiction of any particular statc or district, did knowingly and unlawfully combine, conspire, confederate, and agrce, with others known and unknown to the grand jury, to commit aircraft piracy in and outside of the special aircraftjurisdiction of the United States. ( n violation of Tille 49, United States Code, Section 46502.) l 21 COUNT NINE Consoiracy to Destrov Aircraft 1. The Grand Jury realleges and incorporates by reference the General Allegations and Count One of this Todictment. 2. Between in or around September 2002 and on or about June 9,2003, defendant ABU ALJ, in the Eastern District of Virginia and outside the jurisdiction of any particular state or district, did knowingly and unlawfully combinc, conspire, confcderate, and agree, with others known and unknown to the grand jury, to set fire to, damage, destroy, disable, and wreck aircraft in the special aircraft jurisdiction of the United States and civil aircraft used, operated, and employed in interstate, overseas, and foreign air commerce. .' (In violation of Title IS3 United States Code, Section 32.) A TRUE BILL: FOREPERSON OF THE GRAND JURY Paul J. McNulty United States Attorney Robert ~ ~ e T c e r Chief, Criminal Division Stephen M.Campbcll Assistant United States Attorneys - ~ e r r y p~ & a i o . ~liaf~tlode~ US.Department of Justice - /