Important Case Updates
Oral Transcript of Motion to Dismiss Indictment 02.17.09
SAMS Detention Hearing Transcript 01.23.09
Government Response to SAMS Motion
Exhibit 1
Government letter in opposition to pretrial motion to declare SAM unconstitutional and hindering Fahad's due process rights. Restrictions apply to contact with attorneys, family members, and subjected to solitary confinement. Fahad is prohibited from group prayer and is under constant electronic surveillance and no media contact.
Exhibit 2
Denial of the Defense's motion challenging the Classified Information Procedures Act (CIPA). Fahad's attorney's must obtain security clearance to view information readily available to the prosecution and contends that this is a challenge to the due process clause in the United States Constitution.
Incident report filed by senior officer and Fahad's own handwritten statement on the events of 8/20/08 where Fahad's exercise routine lead to months of discipline by the BOP. The events of this day were a factor in prolonging the SAMs on Fahad for another year.
Document from the acting Assistant Attorney General extending the SAMs on Fahad for another year(08-09) and an outline of the measures.
Documents Filed By Fahad's Defense Team
Affidavit of Terry A. Kupers, M.D., M.S.P.
Austin Amicus
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS THE INDICTMENT
MOTION FOR MODIFICATION OF MR. HASHMI'S PRETRIAL CONDITIONS OF DETENTION
Articles
A Brooklyn College Grad Experiences the Constitution in a Cage
By Nat Hentoff
American Student Seeks Looser NY Prison Conditions
By Larry Neumeister
Caged Citizen Will Test President Obama
By Nat Hentoff
Case May Test How Courts Handle Terror Suspects(NPR Radio Broadcast)
By Dina Temple-Raston
Court Transcript-June 1st, 2007-(Bail Hearing)
Official Court Document
Guantanamo At Home *****NEW*******
Democracy Now Transcript - June 5th, 2009
Listen to the mp3 here
Letter From The Brennan Center to The Attorney General
By Aziz Huq
No Guantamamo At Home(THE NATION)*NEW
By Jeanne Theoharis [external link]
Professors Rally Around a Former Student Jailed on Terrorism Charges
By Allie Grasgreen
By Riptide Communications
Restrictive Terms of Prisoner’s Confinement Add Fuel to Debate (NY TIMES)
By Kareem Fahim
The Persecution of Syed Fahad Hashmi
By Stephan Lendman
US Holds Terror Suspect in Harsh Conditions-Lawyer
Reuters
Junaid Babar: Government Informant
Full-length Articles
Muslim Warrior Says NYC Is Home
-Anne Barnard, Boston Globe
-Jeremy Britton, BBC News
-Colin Freeze & Greg McArthur, Globe and Mail
The Jihadi House Parties of Hate
-Shiv Malik, Sunday Times(London)
Man Accused in U.K. Bomb Plot Is A Talker, Not A Doer, Defence To Argue
-Colin Freeze, Globe and Mail
Article Excerpts
Excerpts from:
Sunday Mercury
The Day I Met Al-Qaida "Supergrass" in Pakistan
September 24, 2006
Flanked by British-born Taliban supporters he shouts slogans praising the World Trade Center atrocity and calls for the death of American soldiers. Little did his jihadist comrades know that five years later the former New York college drop-out, whose mother was injured in the Twin Tower attacks, would be a key prosecution witness at the Old Bailey trial.
With his cherubic looks and thick New York drawl, Babar looked conspicuously out of place in the bad-lands of northern Pakistan.But unlike his fellow British jihadis, who were extremely reluctant to give interviews, Babar practically begged to be questioned by me. My initial reaction was that Babar might be an American spy because he was so keen to talk to me.
I certainly didn't get the impression that he was an important figure or someone capable of carrying out any of the threats he and his fellow jihadists were making. In early 2004 Babar left his wife in Lahore and flew to New York where he was picked up by the FBI in Manhattan. Agents questioned him for six days in a luxury hotel before finally arresting Babar and charging him with terrorist offences including a UK terror plot.
At about the same time anti-terrorist police in London launched Operation Crevice, resulting in the detention of six British Muslims currently standing trial for conspiring to blow up UK shopping centres, nightclubs and railway stations. At a US court in June 2004, Babar pleaded guilty to smuggling money and military supplies to a senior member of Al-Qaida in Pakistan, setting up a jihad training camp and assisting in a bombing plot in the United Kingdom. He also admitted to being involved in two plots to assassinate the Pakistani President Pervez Musharraf.
Facing up to 70 years in jail or possible execution in Pakistan, Babar, the self-proclaimed enemy of the US, struck a deal with the FBI. In return for potentially damning testimony against the alleged British co-conspirators, the US authorities agreed to commute his sentence to less than seven years and put him and his family on a witness protection program.
Excerpts from:
The Globe and Mail(Canada)
"Anatomy of a Betrayal"
April 22, 2006
Mr. Babar has admitted he told some lies to the FBI initially. But when he realized they knew too much, he gave in to their demands. He signed a co-operation agreement and pleaded guilty to being an al-Qaeda member. Now, the jail time he'll serve in the United States will be determined by the help he gives to his former sworn enemies.
"You've co-operated with Canadian authorities, which are prosecuting Momin Khawaja?" one lawyer recently asked him in court.
"Yes."
"What you are doing is betraying one of your friends, yes?"
"Yes."
"It's also a betrayal of your cause, yes?"
"Yes."
"You're prepared to betray your friends and your cause?"
"Yes."
Excerpts from:
The New York Times
British Terror Trial Traces a Path to Militant Islam
November 26, 2006
Mr. Babar acknowledged having lied when first questioned by the F.B.I. He pleaded guilty in New York in June 2004 to providing material support for terrorists, and he said in court that he was testifying against the Crevice suspects to reduce his sentence.
Excerpts from:
The Times(London)
The Supergrass I Helped to Create
May 3, 2007
In room 538 of the plush Embassy Suites Hotel, in Manhattan, FBI agents gave him a choice: a lifetime in jail separated from his wife and child, or turn supergrass against his friends. Babar agreed to co-operate. He spent a week spilling his guts, and pleaded guilty to five counts of providing material support to terrorists. The authorities said that they'd never seen anyone turn state's witness so fast.
Not once in 17 days did Babar look at the five former friends he was condemning to a life in jail. Nor did he look at me, although he did have one last unpleasant surprise up his sleeve. The jury watched transfixed, as Babar's America-hating interviews to me were played on court TV. When asked why he did it, Babar declared that I had paid him cash to "sex up" his remarks.
Now it was my turn to stare at the videos. This lie would make little difference to his eventual fate, but was easily enough to destroy my career as a broadcast journalist. Finally, after agonising moments, he changed tack. Babar admitted that he'd tried to deceive the FBI to save his skin.
The conundrum still remains, though. Why did Babar talk to me so willingly in the first place? It's a question that I've been asking myself for more than six years.
Some suggest that he may have already been an FBI agent. If so he was the most indiscreet "sleeper" in their history. His life sentence hardly an incentive to future recruits.
This petition has been signed by over 500 scholars and writers including
Norma Alarcon, Bettina Aptheker, Seyla Benhabib,
Marshall Berman, Wendy Brown, Susan Buck-Morss, Judith Butler,
Kathleen Cleaver, Noam Chomsky, Joshua Cohen, David Cole, Angela Davis, Mike Davis, Jodi Dean, Michael Dawson,
and many more..click here
FAHAD'S NEXT COURT DATE:
Tuesday, July 7th, 2009
United States District Court
500 Pearl St.
Manhattan, NY
@ 4:15pm
[In front of Judge Preska]
(PLEASE CHECK THE SITE THE MORNING OF THE COURT DATE FOR LAST MINUTE CHANGES)