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Big mouth snags jihadi wannabe
FAYETTEVILLE -- A federal judge is being asked to decide whether audio recordings advocating martyrdom and jihad allegedly found on a computer hard drive seized from a Fayetteville man accused of trying to aid a Palestinian terrorist group are admissible as evidence.Arwah Jaber faces charges of knowingly attempting to provide material support to a foreign terrorist organization, Palestinian Islamic Jihad, considered by the government to be a terrorist organization. Federal prosecutors said Wednesday the recordings go to the core issue in the case, whether Jaber intended to travel to Palestine for the purpose of joining the Palestinian Islamic Jihad and possibly losing his life in the process of doing so. Prosecutors contend Jaber admitted using the word "jihad" in discussions with others about his intentions and told them he may not survive. "The fact the defendant was listening to audio recordings regarding martyrdom and 'jihad' is therefore highly relevant and corroborative of the defendant's own statements," according to the government. Jaber filed a motion seeking to exclude the audio evidence, including translations, arguing they are protected free speech and irrelevant to the case under federal rules of evidence. Translations of the recordings, along with numerous other documents from both sides, have been filed under seal so the judge can review them and rule on admissibility. Documents filed under seal cannot be accessed by the public but are available to the other side in the case. If convicted of the material support charge, Jaber faces up to 15 years in federal prison, a $250,000 fine or both. He also faces deportation. Jaber also faces a number of minor charges related to immigration statements and credit card applications. The case is set to begin June 12 in U.S. District Court in Fayetteville. Jaber was pulled out of line and arrested June 16, 2005, at the Northwest Arkansas Regional Airport. The government contends he was flying out to join the jihad. Jaber maintains he was going to visit relatives. Jaber, a naturalized U.S. citizen born in the West Bank town of Yamoun, allegedly told federal authorities he told his doctoral professor and others at the university he was going to Palestine to "fight for freedom, peace and justice." Jaber maintains he was frustrated with his professor over delays in graduating and made the statements in an effort to sway the teacher into approving his degree. He contends he didn't mean any of it and recanted the statements under questioning by FBI agents. Posted by: ryuge 2006-06-08 |
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