A federal judge again rejected bail Wednesday for seven young Somali-American men charged with attempting to join the Islamic State in Iraq and the Levant. It was the first time all seven of the accused appeared in court together.
He pointed to the case of Abdullahi Yusuf, a former member of the alleged conspiracy who pleaded guilty to plotting to support a terrorist group and was moved to a halfway house, in a nationally watched experiment in deradicalization — though only after agreeing to cooperate with authorities, one defense attorney pointed out. Yusuf was later returned to custody for allegedly violating conditions of his release.
The motion was among several heard during the lengthy pretrial hearing. Davis denied most of the defense motions and sought more time to consider several others, including the disclosure of the identity of the government’s prized witness, a one-time alleged conspirator who later turned informant.
Defense attorneys argued that the federal government should reveal the identity of the informant crucial to the case against them. The government’s case is based largely in recordings by the informant, who at one time was a member of the alleged plot before he agreed to wear a wire in exchange for some $41,000 in payments to date from the FBI. His identity has not been publicly disclosed and he remains under FBI protection.
“This is a circumstance where the informant is an employee of the U.S. government and they’ve paid him a substantial amount of money,” defense attorney Andy Birrell argued. “It seems to me as a matter of fairness that they should disclose who he is and make him available for interviews.”
Assistant U.S. Attorney John Docherty said that the informant will be called as a witness if the case goes to trial, but, “There is no need for disclosure just now and certainly no need for an interview just now.”
“This is a [confidential informant] in a violent crime case,” Docherty said. “We have told this individual we would do everything we can to keep he and his family safe, and we are doing our part to live up to this promise.”
The government says that for more than a year, the defendants were engaged in a plot to join ISIL, a State Department-designated terrorist organization, which has proclaimed a caliphate, or Islamic-run state, over territory it has seized in Iraq and Syria. A 10-month investigation into the seven suspects’ activities culminated in April with arrests of six of the men — four in the Twin Cities and two in San Diego. The other defendant, Hamza Naj Ahmed, was arrested in February.
The other defendants are: Zacharia Abdurahman, Hanad Musse, Guled Omar, Abdirahman Daud and brothers Adnan Farah and Mohamed Farah.
The FBI agents who questioned three of four young men accused of trying to fly out of JFK Airport — and eventually make their way to Syria — said the men were cooperative but annoyed when stopped from flying last November.