THE MAN WHO KNEW TOO MUCH: SERGEANT ALI-MOHAMMED

BY A. J. WEBERMAN

Where is Sergeant Ali-Mohammed? He is not in the Federal Inmate Finder and it has been years since his conviction. Evidence suggests he went into witness protection. The FBI had gotten a FISA tap on their snitch Sergeant Ali-Mohamed and overheard him discussing a bombing that was to take place at an Embassy in Africa. This was too much even for his FBI and CIA handlers. Ali-Mohamed was subpoenaed to appear before a Grand Jury on September 10, 1998. He was arrested for perjury and for conspiring with Usama bin Laden to murder United States nationals as he left the Grand Jury room. On September 11, 1998 Ali-Mohamed appeared before U.S. Magistrate Andrew Peck and at the request of Ali-Mohamed and the Government both the complaint and the presentment were sealed. Between October 13, 1998 and April 19, 1999, the Government, with AliMohamed’s consent, was granted seven additional continuances in the time by which Ali-Mohamed was to be indicted. The case caption was changed to United States v. John Doe and all the papers were sealed. After the New York Times complained about all this secrecy, the Government submitted a sealed letter stating that the basis for Ali-Mohamed’s arrest and the nature of the posture of the case thereafter, would compromise the Government’s compelling interest in continuing the extremely sensitive

investigation. The Government refused to release the submissions in redacted form and asked that the docket sheet itself be sealed and the sealing order sealing the docket sheet be sealed. Judge Peck agreed. The Times then wrote to Judge Shira A. Scheindlin, asking her to unseal the submissions and proceedings. Judge Scheindlin unsealed the docket sheet but kept everything else sealed. The U.S. Attorney, and the federal judges kept the arrest secret for almost a year. Much of the case remains sealed.1 The reason for all this secrecy was to not embarrass the CIA or implicate it in aiding Islamist in their rise to power. Ali-Mohamed pleaded guilty to five federal counts of conspiracy, which included plotting to kill U.S. citizens, destroy U.S. facilities, and murder U.S. soldiers in Somalia and Saudi Arabia. U.S. District Judge Leonard B. Sand first said the agreement guaranteed a minimum of 25 years in prison, but after an objection by defense attorneys, the judge did not specify the length of the potential prison term. His actual sentence, nor the facility he is housed in, has yet to be revealed. The Mubarak Egyptian government requested the extradition of Ali-Mohamed (who El-Ahram called Mustafa) after he was sentenced to death in absentia by an Egyptian military tribunal in a case known as "the returnees from Albania."2 Ali-Mohamed was debriefed prior to the U.S. invasion of Afghanistan. At El-Sayyid Nosair’s World Trade Center - Second Kahane assassination trial, where he was accused of being part of a conspiracy, his defense was that he had received training materials from an Egyptian person named “Ali-Mohamed” who was known to him as an American agent that was assigned to help and train those who were assisting the Afghani’s struggle against Russia. When he received these military manuals from Ali-Mohamed, Nosair was under the impression that he (i.e. El-Sayyid Nosair) was cooperating with the American government and
1.

Joseph Neff and John Sullivan “Al-Qaeda terrorist duped FBI, Army ”The News & Observer October 21, 2001.

http://www.diodon349.com/Attack_on_America/Attack_Stories/know_our_enemy_Ali_Mohamed.htm
2

. http://weekly.ahram.org.eg/1999/426/eg6.htm

following its policy through one of its agents. To prove his point, El-Sayyid Nosair’s lawyers sent a subpoena to Ali-Mohamed to come and testify. Despite the fact that the subpoena was sent to Ali-Mohamed, mysteriously, Ali-Mohamed never came to testify. El-Sayyid Nosair’s cousin, Ibrahim A. El-Gabrowny explained: Upon arrival to the Manhattan Correctional Center on October 1999, I was put in 9 South Unit in a single cell right beside the cell that was occupied by Ali-Mohamed, which he was there as a suspect in the bombing case of the American Embassy in Nairobi. During the period of being neighbors, I engaged in several conversations with him and asked Ali-Muhamed about the fact that he used to train people for the Afghan struggle against Russia, and whether or not he ever received the subpoena that Nosair’s lawyer sent to him and if he did receive the subpoena, why did he not come to testify? Ali-Mohamed told me that he used to work for the American army and it’s true he trained people here and in Afghanistan to assist the struggle against Russia and further added that he had briefly trained ElSayyid Nosair and provided him with military manuals and instructions as part of the brief training. Ali-Mohamed further added that regarding the subpoena that was sent to him by Nosair’s lawyer, he actually received it and was prepared to abide with the order and come to testify on Nosair’s behalf. But before he could come to testify, Mr. Andy McCarthy, the A.U.S.A. came accompanied with an FBI agent and paid him a visit, Ali-Mohamed further added. During the visit Mr. McCarthy told him that he i.e. Mr. McCarthy knew about the subpoena that was sent by Nosair’s defense lawyer, then Mr. McCarthy advised Ali-Mohamed to ignore the subpoena order and not go to testify on Nosair’s behalf and that Mr. McCarthy will cover up for him regarding that. The soul and heart of the seditious conspiracy that was alleged by the government against El-Sayyid Nosair and myself and the rest of the defendants was the existence of the one over all Jihad organization and the proofs of its terrorist activities. AliMohamed’s testimony was crucial to refute a major part of the Government’s allegation, and that would substantially effect the

case for Nosair, myself and the rest of the co-defendants.

Accordingly, if my claim is true, this will represent a severe Brady violation, since the Government, through its representative, Andy McCarthy acted maliciously to destroy evidence and withhold exculpatory information from the defense that if they were revealed they would substantially effect the jury’s mind and change the whole outcome of the trial. Prior to his arrest in 1993, El-Gabrowny had been in touch with Usama bin Laden.3 I gave this and other information to journalist Peter Lance. Lance copied all that I had and after a while we decided to go on a terrorist hunt in New Jersey. Waleed Abouel Nour was on the Rahman Unindicted Co-Conspirator List. Waleed Nour and Egyptian Mohamed elAtriss were incorporators, registered agents and directors of Sphinx Trading Company located at 2828 Kennedy Boulevard in Jersey City that was founded in 1987. Sphinx Trading provided check cashing, mailbox services and international wiring services for the Gama’a al-Islamiyya’s Brooklyn / Jersey City cell. Nosair had a mailbox there. First World Trade Center bomber Siddig Ali Siddig’s translation service was located at Box 161 28234 Kennedy Boulevard. El-Atriss claimed he met Nour while both were cab drivers in Newark, New Jersey and not through an Islamist network. Sphinx Trading was next door to the Afghan Refugee Services Center, a front group for Gama’a al-Islamiyya’s Brooklyn / Jersey City cell and the Al-Salaam Mosque, where Sheik Rahman preached. These outposts of Islamism were both located at 2824 Kennedy Boulevard. Lance and I entered Sphinx trading and aggressively questioned its employees. They claimed Nour and Al-Atriss never came around the store and they were unfamiliar with their backgrounds. We filled them in on the fact they were a bunch of freaking terrorists. It was weird working with Lance as our base of operations was the Museum Row apartment of Georgette Mosbacher, the prominent Republican fundraiser and socialite. When Lance published Triple Cross McCarthy got really angry:

3. USDC SDNY 98CR1023 Document #235 page 5 4 . A typographical error as there is no maildrop at that address.

Mr. Lance: I did not respond to your email because I believe you are an irresponsible journalist. That, obviously, is why National Geographic and Towers Productions parted ways with you this summer. Had you not been involved in the project, I would gladly have cooperated with it, as I did with their earlier, very well done production. And as I routinely do even with journalists who disagree vigorously with me ... as long as they are professional. Save your bravado for someone who might be impressed by it. You bore me. What I told the O'Reilly producer was mild compared to what your atrocious book merits. As you presumably know (although with you, one can't be sure), it matters not how many pages you write nor how long your "timeline" is. For example, in the narrow matter of what you say about me, it is very simple. You falsely accuse me of obstructing justice by advising a witness, Ali Mohammed, to ignore a defense subpoena from Sayyid Nosair -- in a case in which I have a lengthy record of providing the defense with voluminous evidence unfavorable to the government, and in a career in which I have a lengthy record of advising all witnesses that it is mandatory to comply with court orders, regardless of whether their evidence would help or hurt prosecutions. You base this scurrilous allegation on the uncorroborated word of Ibrahim Elgabrowny (Nosair's cousin), a convicted terrorist with a long track record of making false claims. Of course, your book fails to note not only Elgabrowny's checkered record but also that the allegation at issue is one neither Elgabrowny and his many counsel nor Nosair and his many counsel ever dared make in court ... even though, had I done what you claim I did, it would doubtless have called for a reversal of Nosair's convictions. Very truly yours, Andrew C. McCarthy

I knew one thing folks. When looked at the Appeal File this document, which was a letter to the Judge, was gone. This is the most recent development in this affair: January 13, 2012 New York Times Man Convicted in Terrorism Conspiracy Is Denied New Trial By BENJAMIN WEISER A federal judge in Manhattan has refused to grant a new trial to a man convicted in 1995 of conspiring to blow up New York landmarks and of the murder of Rabbi Meir Kahane. The defendant, El-Sayyid A. Nosair, had made various claims of newly discovered evidence and of prosecutorial misconduct in support of his request for a new trial. He was found guilty of seditious conspiracy with other defendants, including a blind sheik, Omar Abdel Rahman. Mr. Nosair has long claimed he could not have been convicted of conspiring against the United States because he was in fact being trained by the United States government to fight the Soviet forces in Afghanistan. But the judge, Richard J. Holwell of Federal District Court, wrote that “mountains of evidence existed demonstrating that Nosair did, in fact,” engage in the plot. In a decision made public on Thursday, the judge said Mr. Nosair acknowledged in his petition that he had discovered the new evidence more than a year before raising the claims, making the petition untimely. Mr. Nosair, who is being held in a federal prison in Terre Haute, Ind., received a life sentence for the murder of Rabbi Kahane, the founder of the Jewish Defense League, in 1990, and additional years in prison on other counts. In 2009, while at the so-called Supermax prison in Florence, Colo., he submitted handwritten papers asking for a new trial. “Petitioner’s conviction should be overturned and he be set free,” Mr. Nosair wrote. Marjorie M. Smith, a lawyer who was appointed to represent Mr. Nosair in his efforts to win a new trial, declined to comment on Judge Holwell’s ruling, except to say that she would consult with Mr. Nosair about whether to seek an appeal. The United States attorney’s office in Manhattan had no

comment. At his 1995 trial, Mr. Nosair’s defense was that he had not conspired against the United States but rather had been part of a United States-supported covert operation to train and arm mujahedeen to fight in Afghanistan. In seeking a new trial, Mr. Nosair argued that prosecutors had improperly prevented his trial lawyers from gaining access to a witness, Ali A. Mohamed, who Mr. Nosair said would have supported his claim. Mr. Mohamed, a former United States Army sergeant, became a close aide to Osama bin Laden and eventually was arrested and pleaded guilty to terrorism conspiracy charges in 2000. Prosecutors have denied Mr. Nosair’s claim that the government blocked access to Mr. Mohamed and have said that had Mr. Mohamed testified truthfully, he would only have “further inculpated Nosair in the terrorist conspiracy.”