Counterterrorism Law & Prosecuting Terrorists

The 'lone wolf' -- the unknowable face of terror - CNN

On February 18, 2012, CNN reported on the increasing threat that "lone wolf" terrorist pose on U.S. national security.  According to the article, "In the past two and a half years, 11 of the 17 Islamist terrorist plots on U.S. soil involved individuals with no ties to terrorist organizations or other co-conspirators." 

In assessing this phenomenon, experts point to "self-radicalization" on the Internet.  According to CNN, some "lone wolf" terrorists use online forums and web-pages to express their radical views.  Recently, As Sahab, the media arm of Al Qaeda released a video "encouraging followers to carry out acts of individual terrorism in the West."  In response to the threat, CNN reports that federal and local officials have increased efforts to reach out to the community in providing early warnings of threats. 

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Canadian Man Pleads Guilty to Conspiring to Provide Material Support - FBI

On February 8, 2012, the FBI reported that Ramanan Mylvaganam pleaded guilty to conspiring to provide material support to the Liberation Tigers of Tamil Eelam (LTTE), a designated foreign terrorist organization.

According to the press release, Mylvaganam attempted to "procure sophisticated technology, including submarine design software and night vision equipment, for the LTTE."  Mylvaganam faces up to 15 years imprisonment.

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Uzbek refugee arrested on terror charges in Chicago - Reuters

According to a January 24, 2012 article by Reuters.com, 35 year old Jasmshid Muhtorov was arrested at Chicago O'Hare International Airport on charges for providing material support to a designated foreign terrorist organization.

According to the article, a criminal complaint filed by federal authorities allege that Muhtorov "planned to travel overseas to fight on behalf of the Islamic Jihad Union, a Pakistan-based extremist group..."

If convicted, Muhtorov faces up to 15 years in prison.

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Feds: US Terrorist Took Out Murder Contract on Witnesses - ABC

On January 25, 2012, ABC.com reported that convicted terror supporter Hysen Sherifi has been charged with attempting to murder key witnesses who testified against him and his co-conspirators.

According to the article, Hysen Sherifi "tried to arrange for the witnesses to be murdered for $5,000 apiece by a hitman named "Treetop," but the go-betweens in the murder-for-hire scheme were actually federal informants." Hysen Sherifi was convicted and sentenced to 45 years incarceration for conspiring to murder U.S. personnel and firearms charges.

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Three men sentenced in North Carolina terrorist ring - CNN

On January 13, 2012, CNN.com reported that three men were sentenced for "their role in a homegrown terrorism ring based in North Carolina." According to the article, the terrorist ring's leader, Daniel Patrick Boyd, had already pleaded guilty to conspiracy in February. He has not yet been sentenced.

The three men, Hysen Sherifi, Ziyad Yaghi, and Mohammad Omar Aly Hassan, were sentenced from 15 to 25 years for charges including conspiring to provide material support and plotting to kill overseas.

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Pakistani man sentenced for conspiring to smuggle member of Taliban into U.S. - Washington Post

On January 5, 2012 the Washington Post reported that three men who previously pleaded guilty to charges of conspiracy to "smuggle a member of the Pakistani Taliban into the United States" were sentenced.

According to the article, Irfan Ul Haq received four years and two months in federal prison while Qasim Ali and Zahid Yousaf each received at least three years confinement.  The Washington Post reports that the men will be sent back to Pakistan at the completion of their respective sentences.

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Obama signs defense bill despite ‘serious reservations’ over handling of terror suspects - Washington Post

On December 31, 2011 the Washington Post reported that President Obama had sign into law a controversial defense appropriations bill.  Despite originally threatening to veto the bill, the President signed the bill after Congress "made minimally acceptable changes that no longer challenged the president's terrorism-fighting ability."

Moreover, in a move to preserve the White House's flexibility with counter-terrorism efforts, the Washington Post reported that Obama stated in a "signing statement" that

"Moving forward, my administration will interpret and implement the provisions described below in a manner that best preserves the flexibility on which our safety depends and upholds the values on which this country was founded."

According to the article "Signing statements allow presidents to raise constitutional objections to circumvent Congress' intent."

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Are Military Courts Soft on Terrorism? - The Atlantic

On December 21, 2011, the Atlantic featured an opinion piece by Wendy Kaminer, an author, lawyer and civil libertarian.

In her piece, Kaminer notes the stark contrast between Article III courts and military commissions on terrorism cases.  Kaminer cites to a study conducted by the Center for American Progress, which stated that "Two of the three individuals convicted on material support charges in military commissions have already been set free...while criminal courts dole out much longer sentences of at least 15 years."

Ultimately, Kaminer concludes that "civilian courts have produced more convictions and longer sentences than military commission cases in terrorism cases."  Special reference is made to the recent conviction of Tarek Mehanna to note that in the civilian criminal justice system, "federal prosecutors wield formidable power." 

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Woman charged with sending money to Pakistan group to fund terrorist attacks - Fox News

On December 21, 2011, Fox News reported that a Los Angeles, California woman was indicted for sending money to Pakistan to "help fund terrorist attacks against U.S. military personnel."

According to the website, Oytun Ayse Mihalik was apprehend at Los Angeles International Airport in August 2011 while attempting to board a flight to Turkey.  Federal authorities assert that Mihalik sent $2,000 to a man in Pakistan, knowing it would be used to carry out attacks against the United States.

Mihalik faces "three counts of providing material support to terrorists and one count of making a false statement."

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In swift decision, Mehanna convicted of terror charges - Boston Globe

On December 20, 2011, the Boston Globe reported that after deliberating for a total of ten hours, a federal jury found Tarek Mehanna guilty on all counts. According to the article, Mehanna was

"Convicted of charges of conspiracy to provide material support or resources to a foreign terror organization, conspiracy to provide material support to terrorists, providing and attempting to provide material support to terrorists, conspiracy to kill in a foreign country, conspiracy to lie to federal investigators, and two counts of lying to federal investigators."

Sentencing is set for April 12, 2012. According to the Boston Globe, Mehanna could face life in prison.

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