Suicide bombing document found By DAN HERBECK News Staff Reporter 10/1/2002 A document that allegedly advocates the use of suicide bombings was found by police during a search last week of an apartment used by one of the "Lackawanna Six" suspects, court officials said Monday. Federal prosecutors said the document, titled "Definition of Martyrdom Operations, and Their Effect on the Enemy," was found among personal papers of Yasein Taher, one of the men accused of providing support to the al-Qaida terrorist network.

Assistant U.S. Attorney William J. Hochul Jr. cites the document as part of what he calls the "clear and cdocumenonvincing" evidence that proves Taher and the five other suspects would imperil the public safety if they were released on bail.

While authorities have not claimed that Taher wrote the document, or had any plans to commit a suicide attack, the document found at one of his residences was described by law enforcement officials as "chilling" and "scary."

Taher's attorney, Rodney O. Personius, described the document as a "scholarly discussion" of ethical questions surrounding suicide attacks, from a Muslim perspective. He criticized Hochul for only quoting "the most inflammatory parts" of the document in his court papers.

As quoted in court papers, the document states: "Martyrdom or self-sacrifice operations are those performed by one or more people. The form this usually takes nowadays is to wire up one's body, or a vehicle or suitcase with explosives, and then to enter amongst a conglomeration of the enemy . . . and to detonate in an appropriate place there in order to cause the maximum losses in the enemy ranks.

"As for the effects of these operations on the enemy, we have found, through the course of our experience, that there is no other technique which strikes as much terror into their hearts, and which shatters their spirit as much."

The quoted document is part of the evidence that U.S. Magistrate Judge H. Kenneth Schroeder Jr. is examining as he determines whether Taher, 24, or any of his co-defendants will be released on bail while they await trial. The six men, all of whom have pleaded not guilty, are accused of going to Afghanistan last year, training with al-Qaida, and hearing a speech from their leader, Osama bin Laden.

Others facing charges in the case are Sahim Alwan, 29; Mukhtar al-Bakri, 22; Faysal Galab, 26; Shafal Mosed, 24; and Yahya Goba, 25. All are American citizens from the Yemeni-American neighborhood in Lackawanna.

Document's author unknown

Since his arrest on Sept. 13, Taher has not confirmed or denied allegations that he trained with al-Qaida. His attorney, Personius, maintains that Taher is a law-abiding citizen with no history of violence.

Even if it turned out that Taher and others did spend time at the al-Qaida camp, Personius said, there is no evidence that they had any plans or intentions to take part in any terrorist act.

Personius added that the document quoted in the prosecution's court papers appears to be "an article, possibly taken off the Internet, which looks like a scholarly discussion of suicide bombings.

"The article doesn't advocate suicide bombings. It never mentions Americans. It doesn't incite anybody to strap on a suicide bomb and go to the White House," Personius said.

"This is America, and we don't put people in jail for what they read, or for what videotapes they watch," added James P. Harrington, Alwan's lawyer. "We're approaching a very fine line when we start calling somebody a terrorist because of something he read or listened to on a tape."

The document in question was found last week in a court-authorized search of an apartment on South Park Avenue in Hamburg, where Taher's wife and young son live, authorities said. Authorities declined to say who is believed to have authored the document, and Personius said he doesn't know.

Officials of the Joint Terrorism Task Force of Western New York declined to comment on the remarks of the two defense lawyers, as did Buffalo FBI spokesman Paul M. Moskal.

Supporters of the six suspects have been critical of the federal prosecution, saying it seems unfair to arrest men merely for hearing lectures and attending a training camp.

The FBI's 'no-win situation'

A former FBI agent who now teaches college courses on terrorism responded to the criticism on Monday, saying the terrorism task force is doing "great work" under extremely difficult circumstances.

"What you've got here is almost a no-win situation for the FBI," said Robert Heibel, former deputy chief of counterterrorism for the FBI. "People criticize them for not doing enough to prevent 9/11. Now, they're also being criticized for arresting people who trained with al-Qaida.

"It's well-known that the terrorists who attacked on 9/11 were people who trained with al-Qaida. Now, we've apparently got six men who also trained with al-Qaida. I don't think our government can just say, "That's OK. No problem.' "

Heibel, who retired from the FBI in 1987, now teaches about terrorism and its prevention at Mercyhurst College in Erie, Pa. He is the director of the college's Research/Intelligence Analyst program.

He said task force investigators must have faced a difficult decision on when to arrest the six Lackawanna men. While some might consider these arrests premature, Heibel said, the agents could not sit back and wait for one of the suspects to commit a terrorist attack.

Heibel said the document discussed in the "Lackawanna Six" court papers sounds "very much like something al-Qaida would put out."

"I have to ask, if these six men were so disturbed by what they heard at the al-Qaida camp, why didn't they come back and report it immediately to law enforcement?" Heibel said. "They are American citizens. Citizenship gives you rights, but it also gives you responsibilities."

According to court papers filed by Hochul, police found the suicide bombings document in a folder containing the "personal papers" of Taher. The information filed by Hochul describes it as a "multipage document," but only quotes four paragraphs.

Refuting 'suicide' bombing

The document suggests that "self-sacrifice operations" can succeed in using the "element of surprise" to cause "maximum losses in the enemy ranks."

"Naturally," the document continues, "the enactor of the operation will usually be the first to die. . . . The objective is to kill as many of the enemy as possible.

"The name "suicide operations,' used by some is inaccurate, and in fact, this name was chosen by the Jews to discourage people from such endeavors. How great is the difference between one who commits suicide - because of his unhappiness, lack of patience and weakness or absence of imam and has been threatened with Hell-Fire - and between the self-sacrificer who embarks on the operation out of strength of faith and conviction, and to bring victory to Islam, by sacrificing his life for the upliftment of Allah's word!"

The mere fact that a person had such a document in his home would not prove that the person supports suicide bombings, Harrington said.

"I'd venture to say that many of us in this country have books, documents or videotapes in our homes that express unusual views," Harrington said. "Just because you have something controversial in your home, doesn't mean you agree with it."

Harrington said defense lawyers are upset with Hochul for putting "new allegations," such as the suicide bombing document, in papers he filed with Schroeder on Friday - a full week after the completion of a bail hearing for the six defendants.

The suicide bombing document was not recovered until several days after the hearing was over, authorities said.

"We now have a situation where Hochul has presented new evidence to the judge, and none of us have responded to it yet," Harrington said. "I don't think the judge should consider this new information until we've had a chance to fully respond."

-- Anonymous, October 01, 2002