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AMP REPORT - June 8, 2005
Five held in Al Qaeda probe in Lodi, CA
LODI, CA JUNE 8: An investigation into an alleged al-Qaeda cell in the city of Lodi, in which a father and son and two Muslim religious leaders were arrested, widened Wednesday with the arrest of another Pakistani.
An official with U.S. Immigration and Customs Enforcement said that Mohammad Hassan Adil, 19, was detained Wednesday on immigration violations. He is the son of Muhammed Adil Khan, who was recently taken into custody along with the Lodi Mosque Imam, Shabbir Ahmed for immigration violations.
"He's being held on administrative immigration violations," Virginia Kice, an immigration spokeswoman, said of the son. She declined to discuss the details of the arrest
US authorities also declined to say whether more arrests would follow.
"This is an ongoing process that will continue for some time," U.S. Attorney McGregor Scott told a press conference, where he reiterated that the investigation has not uncovered any specific threat or danger to the general public.
However, he said that the next few days could be crucial as federal and state investigators sift through any evidence seized during FBI raids Tuesday on the Lodi mosque and the homes of 47-year-old Umer Hayat, and his son, 22-year-old Hamid Hayat, who were arrested as part of an investigation by the FBI into possible connections with Al Qaeda. The FBI agents also searched the homes of Muhammed Adil Khan, who is connected to the Farooquia Islamic Center, a school near Lodi, and the Lodi Mosque's imam, Shabbir Ahmed.
Lawyers statements
"Notwithstanding the alarming statement made in the affidavit (filed in Sacramento Court on Tuesday), the government has only charged each of the defendants with one count of making a false statement to a federal agent," said Johnny L. Griffin III, a lawyer for Umer Hayat.
"They are not charged in this complaint with committing any terrorist acts, and they are not charged in this complaint with supporting any terrorist acts," he added.
Johnny Griffin III said he has met with his client, who is maintaining while in jail. "It's taking it's toll on him and his family. It's not every day that someone's charged with being a terrorist -- and he's not even charged with it," Griffin said, repeating that the men are only charged with making a false statement.
Saad Ahmad, the lawyer for the two imams, said the men were innocent of any wrongdoing, describing them as "law abiding" and "decent hard-working people." He said Mr. Khan and Mr. Ahmed were granted entry to the United States to work as imams but said law enforcement officials accused them of violating their visas because they "did not perform their duties as an imam." "I really believe they don't have anything on these guys," said Ahmad, an immigration lawyer.
FBI affidavit
An FBI affidavit filed in federal court describes the investigation as beginning on May 29 when Hamid Hayat was flying from Pakistan to San Francisco.
Hayat had traveled to Islamabad, Pakistan, leaving San Francisco on April 19, 2003, and arriving in Pakistan on April 21, and returned to the United States late last month, the affidavit states.
The plane had stopped in South Korea en route to San Francisco. Shortly after it took off, authorities learned Hayat was on the plane and that he was on a federal "no-fly" list, said the affidavit from FBI Special Agent Pedro Tenoch Aguilar.
The plane was diverted to Tokyo, where an FBI agent questioned Hayat, then decided to downgrade his status from the no-fly list and allow him to enter the United States.
Hayat arrived in San Francisco on May 29, and he was interviewed by FBI agents Friday at the Sacramento field office and denied ever having attended any terrorist training camps, the affidavit states.
"He stated that he would never be involved with anything related to terrorism," Aguilar wrote.
Hayat's father, Umer Hayat, also was interviewed Friday and said his son was not a terrorist, the document states.
The questioning continued through the night into Saturday, one source said. Eventually, Hamid Hayat agreed to take a polygraph test, "and his answers to the relevant questions were found to be indicative of deception," the affidavit states.
"After approximately two more hours of questioning, Hamid indicated that he had, in fact, attended a jihadist training camp in Pakistan," according to the affidavit.
Hayat, who was born in San Joaquin County, California in 1982, told agents he had trained at a camp near Rawalpindi, Pakistan, for six months in 2003 and 2004, the court documents state.
"Hamid later confirmed this camp was run by al-Qaida," the affidavit states. "Hamid described the camp as providing structured paramilitary training, including weapons training, explosives training, interior room tactics, hand-to-hand combat and strenuous exercise."
Part of the weapons training included sessions where photographs of Bush were pasted onto targets for trainees to shoot at, the affidavit states.
Classroom sessions also focused on "ideological rhetoric" against the United States and other non-Muslim nations, the document states.
Hayat told agents he had not participated in all facets of the training, but that he knew of all the types being offered and that "he and others at the camp were being trained on how to kill Americans," the affidavit states.
"Hamid advised that he specifically requested to come to the United States to carry out his Jihadi mission," the affidavit said.
Umer Hayat continued to deny that he knew anything about terrorist camps in Pakistan, the affidavit said, until agents showed him a videotape of his son's confession.
"Shortly after viewing that videotape, Umer confirmed that Hamid Hayat attended a jihadist training camp in Pakistan in 2003-04," the court documents state. "Umer admitted that he paid for Hamid's flight and provided him with an allowance of $100 per month, knowing that his intention was to attend a jihadi training camp."
Umer Hayat was represented by Sacramento attorney Johnny Griffin III, who conceded the allegations in the case are "shocking" but said his client "is charged with nothing more than lying to an agent."
"This is a bailable offense," Griffin told Judge Nowinski as he asked that Umer Hayat be released on bail. Nowinski rejected the request, saying Umer Hayat "is both a flight risk and a danger to the community."
"He just returned from Pakistan where he built a new home and contributed financial assistance to an al-Qaida sponsored program training his son and others to kill Americans whenever and wherever they can be found," Nowinski said.
At least two dozen spectators crowded into the courtroom to watch the session, and afterward Basim Elkarra, executive director of Sacramento's Council on American-Islamic Relations, said the Muslim community wanted to ensure that the men were treated fairly.
Anonymous phone call
Usama Ismail, a relative of Umer Hayat, said the accusations were "total lies." Ismail said the statements in the affidavit attributed to Hamid Hayat must have been coerced from him "after hours and hours of interrogation."
"He did not go to a terrorist training camp," said Mr. Ismail, who lives on the same block as the two men and whose mother is Umer Hayat's sister. "Even if they did say that, that's because the F.B.I. made them say what they wanted them to say."
Ismail said the F.B.I. began pursuing his cousin and uncle because of anonymous calls to the authorities made by enemies of his uncle. "They have something against Hamid's dad," Ismail said of the anonymous callers. "Because of that they kept calling the F.B.I. and saying they are terrorists."
Mohammad Khan, another cousin of Hamid Hayat said that the FBI sweep was all because of a stupid phone call someone made against the Hayat family. “Hamid told me someone called the FBI to make up a story because they have something against him”, he added.
Reporting the arrest of Pakistanis, Washington Post said that the case illustrates the challenges posed by Pakistan, a key ally in the war on terrorism even as it continues to serve as a breeding ground for Islamic militants.
The paper added that one surprising allegation in the affidavit is the reference to the previously unidentified al Qaeda camp, which Umer Hayat identified as "Tamal." Such a camp would be close to Rawalpindi -- home to Pakistan's military and intelligence service -- and to Islamabad, Pakistan's capital.
However, the paper said that officials have cautioned that the FBI has not confirmed many aspects of the Hayats' accounts including details about the camp.
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