Brief of respondent for - Defense For SVP · 2009-05-07 · v. javaid iqbal, et al., respondents....

NY: 603440-2

No. 07-1015

IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM, 2008

___________ JOHN D. ASHCROFT, FORMER ATTORNEY GENERAL OF THE

UNITED STATES, AND ROBERT MUELLER, DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION,

Petitioners, v.

JAVAID IQBAL, ET AL., Respondents.

_____________ ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE SECOND CIRCUIT _____________

BRIEF FOR AMICI CURIAE IBRAHIM TURKMEN, ASIF-UR-REHMAN SAFFI, YASSER EBRAHIM, HANY IBRAHIM, SHAKIR BALOCH, AKHIL SACHDEVA AND ASHRAF IBRAHIM IN SUPPORT OF RESPONDENTS

_____________

RACHEL MEEROPOL MATTHEW STRUGAR Center for Constitutional Rights 666 Broadway, 7th floor New York, NY 10012

MICHAEL WINGER Counsel of Record KIMBERLY ZELNICK DOUGLAS BLOOM JOANNE SUM-PING Covington & Burling LLP 620 Eighth Avenue New York, NY 10018 (212) 841-1048

ThorntoS

ABA stamp

http://www.supremecourtpreview.org

Exhibit A

1a

Exhibit A

FBI Interest Document for Yasser Ebrahim& Hany Ibrahim

(produced by the United States)

File Number [redacted]

Title FBI LEAD NUMBER [redacted]

NYC

On September 30, 2001, S/A [redacted] and S/A[redacted] were instructed by SSA Love to respond toFBI lead number [redacted] with FBI agents [redacted]and [redacted]. The lead involved a group of MiddleEastern Males living at [redacted] in Brooklyn, NYrenting a mailbox and possibly sending out largequantities of money. The following individuals werearrested for violation of the Immigration and NationalityAct.

Yasser Ebrahim Fathy EBRAHIM is a native andcitizen of Egypt born 07/23/72 who entered the U.S. onor about 01/21/01 as a B2 Visitor with authorization toremain in the U.S. until 07/07/01. SUBJECT wasarrested as a B2 Overstay at [redacted] in Brooklyn,NY. SUBJECT EBRAHIM’S passport number is626008. He was in possession of a New York DL Number599115989.

Hany Ibrahim Fathy EBRAHIM is a native andcitizen of Egypt born 02/07/76 who entered the U.S. asa B2 visitor 08/04/98 with authorization to remain in the

Exhibit A

2a

U.S. until 02/03/99. SUBJECT was arrested as a B2overstay at [redacted] in Brooklyn, NY. SUBJECTEBRAHIM’S passport number is 907355.

[redacted] is a native and citizen of Egypt born[redacted] who entered the U.S. 07/17/01 as a B2 visitorwith authorization to remain in the U.S. until 01/16/02.SUBJECT admitted to the reporting agent and SA[redacted] that he was employed at the [redacted] inBrooklyn, NY telephone # [redacted]. SUBJECTstated his boss’s name is [redacted] and that he beganworking there around 09/13/01. Before working at the[redacted] SUBJECT stated he worked at [redacted]in Manhattan, NY. SUBJECT told the reporting agenthe worked there from 07/24 or 25/01 to 09/13 or 14/01.SUBJECT was arrested as a nonimmigrant workingwithout INS authorization.

[redacted] is a native and citizen of Egypt born[redacted] who entered the U.S. 02/27/00 as a B2 visitorwith authorization to remain in the U.S. until 08/26/00.SUBJECT was arrested at his place of employment at[redacted] in Brooklyn, NY as a B2 overstay workingwithout INS authorization. SUBJECT was also residingat [redacted] entered the U.S. on or about 07/17/01 asa B2 visitor [illegible] 01/16/02. SUBJECT was arrestedat his place of employment at [redacted] in Manhattan,NY, telephone number [redacted]. SUBJECT wasobserved by the reporting agent working, waiting oncustomers. SUBJECT stated he had been working thereabout a month. SUBJECT was arrested as a

Exhibit A

3a

nonimmigrant working without INS authorization.SUBJECT was also residing at [redacted] in Brooklyn,NY.

Also interviewed at [redacted] was [redacted] born[redacted] in Morocco. SUBJECT stated his SocialSecurity Number is [redacted] . SUBJECT wasdetermined to be a Lawful Permanent Resident of theU.S. through INS records checks.

One other individual is living at the apartment butwas not present. Agents were told he was at [redacted]in Chelsea, MA 02150. SA [redacted] was told theindividual was checking in to attending Medical School.His information is as follows. [redacted] country ofcitizenship Egypt, entered the U.S. 07/17/01 as a B2visitor with authorization to stay until 01/15/02.

SUBJECT’S above could not provide anyinformation relating to 09/11/01. FBI Special Agent[redacted] requested INS arrest those individuals inviolation of Immigration Law. INS SSA [redacted]authorized arrest.

SUBJECTS were checked on the INS Watch Listwith negative results.

Investigator [redacted] DateSpecial Agent [redacted] 09/30/01

Exhibit B

4a

Exhibit B

FBI Interest Document for Ashraf Ibrahim


FD-302 (Rev. 10-6-95)

FEDERAL BUREAU OF INVESTIGATION

Date of transcription 09/20/2001

Salesman, [redacted] TRUCK CENTER, [redacted],was advised of the official identity of the interviewingagent. [redacted] provided the following information:

[redacted] was working on Saturday, September 15,2001 at approximately 10:30 a.m. when three males, whoappeared to be Arabs, approached him and said theywere interested in purchasing a truck. The men hadinitially inquired about a used truck, volunteering thatthe truck would be used to carry water. [redacted], inan attempt to find them a truck that would fit their need,asked them the size of the containers in which the waterwould be stored, how much the load would weigh and towhom they were going to deliver. Their answers werevague. [redacted] was suspicious when they could notanswer his questions, but believes some of the confusioncould have resulted from them trying to convertmeasurements from the metric system. [redacted]eventually learned that they would be hauling 450containers weighing 30 pounds each. He determinedthey would need a large truck. [redacted] TRUCKCENTER is an IZUZU dealer and [redacted] showedthem a new 14-foot IZUZU truck with a 14,000 poundcapacity. The truck was listed for $30,000.

Exhibit B

5a

It was decided that a 10-foot truck would beadequate and [redacted], who had none on the lot, toldthem he would check on how long it would take for himto get them one. One of the men gave him a businesscard which was printed in English on one side and whatappears to be Arabic on the reverse side. The Englishside read, “Watermust Egypt Co., [redacted], G.Manager, [redacted], [redacted], Phone: [redacted],Fax: [redacted], Watermust Inc., [redacted], Phone:[redacted], Fax: [redacted].” Handwritten on theEnglish side of the card is the name [redacted] and thetelephone number [redacted]. A graphic of a desert oasisis pictured on both sides. [redacted] provided theoriginal business card to the interviewing agent. A copyof the business card is attached to and made part ofthis FD-302.

[redacted] looked up the telephone number on aCD-rom yellow page directory. The number came backto ASHRAF A IBRAHIM at the same address asWATERMUST, however the business name was notlisted.

[redacted] described the male who gave him thebusiness card as approximately 45 years old, 5 feet 10inches to 5 feel 11 inches tall, 180 to 200 pounds, withmedium length wavy black hair. The second male wasapproximately 30 years old, 5 feet 6 inches tall, andthinner than the other two at approximately 160 pounds.He spoke English with no accent. He gave [redacted]his cell phone number [redacted] and said his name was[redacted]. He wore jeans and a T-shirt. The third male

Exhibit B

6a

did not give his name. He was approximately 45 yearsold and weighed 180 to 200 pounds.

[redacted] did not get a good look at the marooncolored car in which they drove away.

SUBJECT TO PROTECTIVE ORDER

Investigation on 9/18 & 9/20/01 at Philadelphia, PA

File # [redacted] Date dictated 9/20/01

by [redacted] :jlw

Exhibit C

7a

Exhibit C

FBI Interest Document Shakir Baloch


Exhibit D

8a

Exhibit D

FBI Interest Document Akhil Sachdeva


Department of JusticeImmigration and Naturalization Service

MEMORANDUM OF INVESTIGATION

File Number TitletControl Officer

A76 022 813 SACHDEVA, Akhil NYC

On the day of this writing, the writer and SA [redacted]accompanied FBI Special Agents [redacted] and[redacted] to the above-mentioned SUBJECT’saddresses at 169 Port Washington Boulevard in SandsPoint, New York. This was done pursuant to LIRA lead[redacted] in October, 2001, the Port Washington NewYork, Police Department was contacted by a concernedcitizen who reported that he had overheard aconversation between two employees of a Getty GasStation at [redacted] New York. This conversation wasspoken in Arabic and English, and the citizen reportedthat in English, the employees had discussed flying andflight simulators. Subsequent interviews andinvestigation led the FBI to the SUBJECT. TheSUBJECT was born on October 29, 1972 in New Delhi,India. NAILS records show that he first entered theUnited States on January 12, 1995, as a B1 visitor forbusiness at Los Angeles, California. He was admittedto May 21, 1995. The SUBJECT overstayed this visa,remaining in the United States until July, 1998. He went

Exhibit D

9a

to Canada after being issued a Canadian landedimmigrant certificate in New York, NY on July 28, 1998.The SUBJECT attempted to enter the United Statesfrom Canada on January 10, 1999 via the RainbowBridge in Niagara Falls, New York. The SUBJECTfreely admitted his prior overstay status and he wasServed with a Notice To Appear (NTA) as aninadmissible alien. He was allowed to return to Canadato await his hearing before the Immigration Judge. TheOrder of the Judge dated December 6, 1999 reflects thatthe SUBJECT was ruled inadmissible to the UnitedStates per Section 212(a)(9)(B)(I)(II) of the INA. TheOrder by Judge MONTANTE, JR., PHILIP reflectsthat the Subject ‘should be allowed to withdraw hisapplication for admission.’ The SUBJECT states thatthe judge lifted the time ban on reentering the UnitedStates. The SUBJECT reported that in March 2000,he entered the United States from Canada at NiagaraFalls, New York. He states he was on a bus, and whenapproached by the Immigration Inspector showedIndian passport #S-214475 expiring 9/29/04 and LandedImmigrant of Canada certificate #W916445403. TheSUBJECT stated that he lied to the Inspector whenquestioned as to his intended stay in the United States.He stated that he was only staying in the United Statesfor a weekend to visit some friends in New York. TheSUBJECT reports that on November 15, 1999 inBrampton, Ontario, Canada he married [redacted][redacted] who according to CIS records became anaturalized U.S. citizen on September 28, 1999.CLAIMS records indicate that an I-130 was filed by[redacted] on the SUBJECT’s behalf on March 7, 2000

Exhibit D

10a

receipt #EAC-00-113-51747. A denial notice was senton March 1, 2001. The SUBJECT stated that he and[redacted] divorce was finalized in November 2001.Since May 7, 2001 to December 2001, the SUBJECTwas employed as a clerk/gas station attendant at theGetty gas station [redacted] New York. The SUBJECTreports that his then spouse and [redacted] werepartners in this business. The SUBJECT advised thathe intermittently received an off the books salary of $450per week for 75 hours work per week. He invested$45,000 of his own money in this business. TheSUBJECT was arrested in New York, New York on July21, 1998 for Possession Of A Forgery Device andTrademark Counterfeiting by the New York City PoliceDepartment. The SUBJECT states that he paid a $5,000fine for these offenses. The SUBJECT states that hewas involved in counterfeiting TOMMY HILFIGERjeans by putting the label on otherwise ordinarybluejeans. The SUBJECT’s NYSID number is8959977N. The SUBJECT was encountered at hisresidence at 6:15am and placed under arrest at 7:00am.Approval for the arrest was obtained from Section Chief[redacted] on December 19, 2001. The SUBJECTresided at his residence with [redacted] DOB:[redacted] and his wife who reported that they arenaturalized U.S. citizens. [redacted] and his spouse arethe owners of the house. [redacted] is reportedly theowner of a spice importing company. In addition to hispassport and landed immigrant papers, the SUBJECTis in possession of New York driver’s license #159779983and Ontario driver’s license #SOO43-01507-21029. TheSUBJECT stated that he wishes to return to Canada

Exhibit D

11a

as soon as possible. The FBI has no further interest in theSUBJECT relative to the PENTBOMB investigation.


Investigator DateSA [redacted] December 20, 2001

Exhibit E

12a

Exhibit E

FBI Interest Document Asif-Ur-Rehman Saffi


28 February 2002

Subject: September 11, 2001 — ASIF URREHMAN SAFFI

ASIF UR REHMAN SAFFI, date of birth: 16/06/1956, place of birth: Lahore, Pakistan, was detained on30/09/2001 by Agents from the United StatesImmigration and Naturalization Service (USINS) afterhe attempted to enter Canada from the United States.

SAFFI is a Pakistani national holding dualcitizenship with France by virtue of his marriage to aFrench national- [redacted] SAFFI was traveling underFrench passport #: 974010107806, as documented by hismost recent entry into the United States on 06/07/2001.

SAFFI was refused entry into Canada by CanadianImmigration Authorities on 29/09/2001. He was allegedlytraveling to Canada for the purpose of visiting a friendnamed [redacted]. Upon interviewing SAFFI, CanadianAuthorities were not convinced that SAFFI hadlegitimate reasons to visit Canada. The Canadianinvestigators did not believe that SAFFI and [redacted]knew each other very well. SAFFI was also in possessionof $1,400.00 in cash.

SAFFI was denied entry into Canada and placed onthe next available flight to La Guardia Airport, New York

Exhibit E

13a

City, whereupon he was arrested by USINS agents forviolating his Visa status. SAFFI was admitted to theUnited States on 06/07/2001 as a Visitor under the U.S.Department of State’s Visa Waiver Pilot Program.Nonetheless, SAFFI admitted to working while in theUnited States which violated the provisions of the VisaWaiver Pilot Program.

The New York Office of the FBI is currentlyinvestigating several of SAFFI’s contacts. SAFFI’scontinued detention is dependent upon the results ofthat investigation.

2-DST1-Paris ([redacted] OUT) serial 2304059css01.nte

Case ID: [redacted] Serial: 2309

Exhibit F

14a

Exhibit F

FBI Interest Document Ibrahim Turkmen



Precedence: ROUTINE Date: 10/02/2001

To: New York

From: New YorkSquad C-27Contact: SA [redacted]

Approved By: [redacted]

Drafted By: [redacted] :pc

Case ID #: [redacted]

Title: [redacted]00:NY

Synopsis: Case Opening

Details: Case is predicated upon a lead arising from theWorld Trade Center investigation (NY control#[redacted]). Lead surrounded around several Turkishmales living at [redacted] Long Beach, New York 11561.

Writer interviewed the landlord and severalneighbors and identified that subject [redacted], DOB[redacted], SSAN [redacted] vacated the premise on

Exhibit F

15a

Thursday 9/13/01. Writer was contacted by the LongBeach PD in the evening of 9/15/01 regarding the abovementioned apartment. The new tenant, [redacted], DOB[redacted], SSAN [redacted], found documents that[redacted] had left behind and called the police. Upongetting consent from [redacted] writer searched theapartment and found a variety of photo documents, toinclude passports, drivers license, and Turkish birthcertificates, in several different names. Also present wasa lamination machine, fax machine, and computeraccessories.

On 9/21/01 writer and SA [redacted] found andinterviewed subjects [redacted], DOB [redacted], and[redacted], DOB [redacted], SSAN [redacted]. Bothsubjects were carrying false identification, werecurrently residing in the United States illegally, andneither was found to be credible when questioned. Bothsubjects were arrested by United States ImmigrationService Agents, and currently await deportation.

On 9/28/01 writer was contacted by Long BeachPolice Department that three Turkish males had triedto enter the apartment on [redacted] Street. The threeindividuals were [redacted] , DOB [redacted] ,[redacted], DOB [redacted], and [redacted], DOB[redacted]. Upon being interviewed [redacted] advisedthat he once lived with [redacted] at the Long Beachaddress listed above, and that [redacted] was makingfalse identification for people from Turkey. Thisidentification was to include false passports, NYSDrivers Licenses, bank account papers, and real estate

Exhibit F

16a

ownership papers. [redacted] admitted to helping[redacted] on several occasions by generating the paperwork on [redacted] computer.

Assistant United States Attorney (AUSA)[redacted] Eastern District of New York, advised thathe would commit to prosecuting this matter in violationof Title 18, United States Code Section 1028 (Fraud andrelated activity in connection with identificationdocuments) if sufficient corroborative evidence wasdeveloped to support a federal criminal prosecution.

Exhibit G

17a

Exhibit G

Attorney General Daily Activity Report, Excerpted fromINS Headquarters Standard Operating Procedures:

Case Processing for Pentagon / Twin TowersTerrorist Investigation


LIMITED OFFICIAL USE/LAWENFORCEMENT SENSITIVE

INS HEADQUARTERSSTANDARD OPERATING PROCEDURES:

CASE PROCESSING FORPENTAGON/TWIN TOWERS

TERRORIST INVESTIGATION

Office of Field OperationsNational Security Unit September 23, 2001

Subject to the Protective Order

* * *

Exhibit G

18a

AG DAILY ACTIVITY REPORT

GUIDANCE

1. Attached is a copy of the Report Template.Responsibility for collating the data and finalizing theReport lies with the Headquarters Operations Center(Headquarters Coordinating Element, HCE).Responsibility for providing the necessary data isapportioned as follows:

Items 1,2 Headquarters Operations Center(based on data from the Field)

Items 3,4,5, Headquarters Custody Review6,7,8,9 Unit (from data already collected

for the Custody List)

Items 11,12 National Security Unit

Items 13,14 Headquarters Operation Center(based on Daily Regional Reports)

2. The Daily Activity Report will be collated andcompleted no later than 0600 each day. Until furthernotice, the report will be reviewed by the EAC, Opsand the Deputy Commissioner by either facsimiletransmission or personally prior to transmission to theDepartment of Justice.

3. The completed and approved report will be sent nolater than 0700 by facsimile and email as set forth below:

Exhibit G

19a

Report due to: Janet Potter (fax) 202-323-2863(email) Janet.

Potter @ USDOJ.govSusan Richmond (email) Susan.

Richmond@ USDOJ.gov

4. The Background section of the first Report will beeliminated in all future Reports.

5. The Notes section will consist of a narration of eventsrelevant to the criminal investigation and the missionof the INS. These will be drawn from the SIR’s andthe reports received by the NSU. Both the OperationsCenter and the National Security Unit haveresponsibility for providing information to the Notessection. Responsibility for collating the submissionslies with the Operations Center.

6. The Commissioner said that the Attorney General usesthis document to prepare for his daily briefing withthe National Security Counsel and the President.Hence, all submissions in the Notes section must besuccinct, verified and complete. In deciding what toinclude, the Commissioner said to err on the side ofinclusion. The goal is to provide the AG with everythinghe needs to brief the NSC and the President aboutour activities and operations during the emergency.

7. Regions have been advised to provide the necessaryinformation regarding Items 1 and 2 to the HQOperations Center no later than 0500 each day untilfurther notice.

Exhibit G

20a

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Past 24

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Joint Field Interview

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3302

Num

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During Joint F

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ounted3

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80a.

Imm

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ocuments

042

b.Im

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26c.

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oval0

124

Num

ber of Aliens in IN

S C

ustody10

885

Num

ber of Aliens in S

tate and Local C

ustody0

2

Exhibit G

21a

AC

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Hou

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Exhibit G

22a

AC

TIV

ITY

Past 24

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ulative H

ours

13Ports C

losed Due to T

hreats0

214

Bom

b Threats to IN

S Facilities1

32

15N

OT

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:A

ll ports of entry continue to operate at Threat L

evel 1; the INS

“War R

oom” continues to operate 24/7; the attorney/investigator task force continues

to operate 24/7 with a personnel com

plement of approxim

ately 30.

During the past 24 hours an event occurred that has received press attention. D

uringa joint search w

arrant operation in Florence, K

entucky focused on specific individualsat a specified address, a group of M

uslims w

ho were attending a religious service in

an adjoining apartment (not m

arked as a religious sanctuary) began to exit thebuilding. A

n INS agent w

ho was on the perim

eter was surprised by this exit activity

and called for back-up. Forty-eight individuals were held for questioning. Forty-four

individuals were released and four w

ere held by INS based on their status as visa

overstays. At the tim

e of the operation, neither the FB

I nor the INS w

as aware of

the religious service in the adjoining apartment and the participants w

ere not thetargets of the investigative operation.

Exhibit G

23a

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Exhibit G

24a

AC

TIV

ITY

Past 24

Cum

ulativeH

ours

Operation Safe Passage has com

mitted 308 B

order Patrol Agents to support existing

Airport security operations in eight airports around the U

nited States. INS agents,

working on their ow

n initiative or with D

epartment of Transportation, have conducted

investigations to determine w

hether persons with access to secure and restricted

areas are present in the United States in violation of im

migration law. T

hree arrestshave been m

ade.

Meanw

hile, the business of the Imm

igration Service has continued. Ports of Entry

and Inspections facilities at our borders have remained fully operational, as have

District O

ffices that have served the public continuously since September 12, despite

a total of 32 bomb threats against IN

S facilities since the attack. INS has naturalized

25,000 new citizens since Septem

ber 11, has conducted thousands of interviews and

approved benefits to hundreds of qualifying imm

igrants. In addition, INS D

istrictD

irectors have met w

ith Muslim

leaders in various comm

unities around the countryto allay fears and com

mit to collaborative com

munication.

Exhibit H

25a

Exhibit H

Significant Incident Report for Akhil Sachdeva


SIGNIFICANT INCIDENT REPORT

FROM: NYC INV

TO: HQ HCE FAX# 202-305-2786HQ NSU FAX# 202-514-6557ERO CP FAX# 802-660-5100

THE ALIEN(S) LISTED BELOW WHOSE FORMSI-213 ARE ATTACHED TO THIS REPORT WEREARRESTED AFTER HAVING BEEN ENCOUN-TERED IN THE COURSE OF A FIELD INVESTI-GATION.

THE FIELD INVESTIGATION WAS PREDICATEDUPON RECEIPT OF A FBI WORLD TRADECENTER (WTC) LEAD.

FBI INVESTIGATIVE INTEREST IS CURRENTLYUNDETERMINED.

ALIEN FILE MATERIAL IS BEINGTRANSMITTED TO HQ NSU UNDER SEPARATECOVER.

NAME(S): ALIEN #:

[redacted] [redacted]

SACHDEVA, AKHIL A 76 022 813

Exhibit I

26a

Exhibit I

Excerpts from JTTF “Special Interest List”


JTTF SPECIAL INTEREST CASES

Name[redacted]

A#

MWN

JTTFSpecial InterestY

INS DetN

CustodyN

Custody LocationRELEASED

InvestigatorAgent [redacted]

AUSA[redacted]

Exhibit I

27a

Alias

Hearing Date:

Disposition:

Summary: 10/9/01 UPDATE: SUBJECT RELEASEDFROM MCC

WARRANT VACATED 10/4/01. [redacted]

MW WARRANT ISSUED 9/20/01 (JUDGE[redacted] -LA); ARRESTED IN LA;ARRIVE SDNY. HE WAS CO-INSURERON AUTO INSURANCE POLICY W/NAWAF AL-HAZMI (HIJACKER-AA #77– PENTAGON). ACCOMPANIED AL-HAZMI TO A FLIGHT SCHOOL IN SANDIEGO. ACTED AS INTERPRETERFOR AL-HAZMI AND AL-MIHDHARSA [redacted] B# [redacted]

Exhibit I

28a

Name[redacted]

A#[redacted]

MWY


INS DetN

CustodyY

Custody LocationSAN DIEGO


AUSA[redacted]

Alias

Hearing Date:

Disposition:

Exhibit I

29a

Summary: PER SA [redacted] 11/29/01: BEINGPROSECUTED FOR INS VIOLATIONSIN THE SOUTHERN DISTRICT OFCALIFORNIA. 11/2/01 UPDATE: TO BECHARGED WITH INS VIOLATION INSAN DIEGO.RULE 40 PROCEEDING 10/25/01. TO BECHARGED WITH MARRIAGE FRAUD INSAN DIEGO (RELEASED FROM MCC). 10/23/01 UPDATE: [redacted] WILL BEARRESTED ON IMMIGRATION FRAUDCHARGE FROM SAN DIEGO WHEN[redacted] TESTIMONY COMPLETE.10/17/01 UPDATE: ADMITTEDACQUAINTED WITH HIJACKERSNAWAF AL-HAZMI AND KHALID AL-MHDHAR. STATED AL-HAZMIINTRODUCED HIM TO HANIHANJOUR.10/14/01 UPDATE: [redacted] CHARGEDWITH FALSE STATEMENTS IN SANDIEGO .10/9/01 UPDATE: ASSISTINGINVESTIGATORS VIA PROFFERS.PROVIDING MOSTLY CIRCUM-STANTIAL INFORMATION.

PRESENTMENT IN SAN DIEGO 9/24/01ADJOURNED UNTIL 9/25/01 TOARRANGE FOR ARABIC TRANSLATOR.INTERVIEWED BY FBI 9/18/01. CLOSETIES W/ NAWAF AL-HAZMI (AA#77)

Exhibit I

30a

AND KHALID AL-MIHDAR (AA#77)[redacted]SA [redacted] C# [redacted]

NameBALOCH, SHAKIR, ALI

A#A78513988

MWN


INS DetY

CustodyY

Custody LocationMDC


AUSA[redacted]

Exhibit I

31a

Alias: BALOCH, SHAKIR, KURD, FAISAL

Hearing Date:

Disposition:

Alias BALOCH, SHAKIR;KURD, FAISAL

Summary: 2/7/01 SUBJECT CLEARED IN ORDERTO PLACE HIM IN MDC GENERALPOPULATION AS A RESULT OF ALEGAL MOTION. AGENT [redacted]WILL CONTINUE TO INVESTIGATEPOTENTIAL TIES TO TERRORISMWHILE SUBJECT REMAINSINCARCERATED ON CRIMINALCHARGES.2/5/02 UPDATE: AGENT [redacted]ADVISED THAT SUBJECT HAS BEENINDICTED FOR FRAUD BUT IS STILLOF INTEREST.RE-ASSIGNED SA [redacted]Det. [redacted] C-11 has ticket onprosecution.AUSA [redacted] [redacted] SA [redacted]ADVISED AS OF 11/19 THAT SUBJECTWILL BE PROSECUTED IN THE SDNYFOR FRAUDULENT DOCUMENTS ANDINS REENTRY. MAY BE CONNECTEDTO ONGOING C-7 INVESTIGATION.10/5/01 AGENT [redacted] ADVISEDBALOCH ARRESTED AS ENTERINGADDRESS OF [redacted] ([redacted]

Exhibit I

32a

WHO WAS ALSO ARRESTEDPURSUANT TO INFO DEVELOPEDFROM FBI LEAD [redacted] BALOCH INPOSSESSION OF FORGED LICENSES,ETC. AGENT [redacted] IS PURSUINGWARRANTS, CHARGING FRAUD, FORTWO OTHER DETAINEES: [redacted]([redacted] AND [redacted]) (ADVISED10/5/01 IN MDC).*** SA [redacted] SPOKE W/ [redacted]INS [illegible] 11/6 RE SUBJECT. WASDEPORTED TWICE BEFORE.

NameIQBAL, JAVAID MUHAMMAD

A#A74889427

MWN


INS DetY

CustodyY

Exhibit I

33a

Custody LocationMDC


AUSA[redacted]

AliasABDUL KHALIQ; MUHAMMAD MUMTAZ

Hearing Date:

Disposition:

Summary: 1/31/02 update: ASAC Maxwell assigned toSA [redacted] I-44 follow-up.01/24: LEFT MESSAGE FOR SA [redacted]RE WHERE IS FILE? AGMASSIGNED TO SA [redacted] C-28,[redacted] BUMAILED FILE TO LIRA 11/16. SA [redacted] SWORE COMPLAINT 11/5/01. AUSA [redacted] EDNY.CHARGED W/ MAKING FALSESTATEMENTS (18 USC 1001(a)).SUBJECT USING FRAUDULENTPAKISTANI PASSPORT01/11 AGENT [redacted] INV COMPLETED,TO SEND FILE 01/14. SUBJECT BEINGCHARGED CRIMINALLY BY INS.

Exhibit I

34a

Name SAFFI, ASIF URREHMAN

A#A78558121

MWN


INS DetY

CustodyY

Custody LocationMDC


AUSA

AliasSAFI, ASIF, SAFI, ASIF-UR-REHMAN

Hearing Date:

Disposition:

Exhibit I

35a

Summary: 3/1/02: SUBJECT WILL BE DEPORTEDTO FRANCE ON 3/5/021/17/02 UPDATE: FILE RETURNED TODET. [redacted] I-46, FOR FOLLOWUPWITH [redacted] PER ASAC MAXWELL01/15: FILE RETURNED BY DET[redacted] COMPLETE, N/I.DET. [redacted] [redacted] CONTACTEDI44A ON 12/5 – HE INQUIRED OFCUSTODY LOCATION; WILLINTERVIEW. REASSIGNED TO DET[redacted]FILE GIVEN TO JTTF FOR RERVIEWOF ACS HITS PER ASAC MAXWELL.REASSIGNED 10/9/01 TO SA [redacted]ADDITION 10/01/01

Exhibit J

36a

Exhibit J

Memo from Michael Chertoff to Dale Watson re:Investigation of Indivdiuals under Detention Pursuant

to “Project Lookout,” with handwritten notes,


U.S. Department of Justice

Criminal Division

Assistant Attorney General Washington, D.C. 20530

MEMORANDUM [DRAFT]

TO: Dale L. WatsonAssistant DirectorCounterterrorism DivisionFederal Bureau of Investigation

FROM: Michael ChertoffAssistant Attorney General

SUBJECT: Investigation of Individuals underDetention Pursuant to “Project Lookout”

In the wake of the terrorist attacks that occurredon September 11, 2001, and to avert further attacks,the FBI created a “watchlist” of individuals wanted forquestioning to determine whether or not they hadinformation concerning these and any planned terroristattacks. TheFBI continuously updates this watchlist. Asof this date, approximately 160 of these individuals arein custody, primarily on immigration related charges. Itis incumbent upon us to determine expeditiously which

Exhibit J

37a

of these individuals were involved in or may haveinformation related to these or other planned terroristacts. Those individuals must remain in custody becausethey pose an imminent danger, and a determination mustbe made as to whether they should be charged. As tothose we determine have no connection, they should betreated as any similarly situated alien would be treatedunder our immigration laws. We can neither detain theseindividuals indefinitely without cause nor releasedangerous individuals into the general population.

It is essential that the decision as to whether or notto seek continued detention is made centrally byheadquarters rather than by individual field offices. Thedecision as to whether a particular individual haspertinent information or poses a threat must be madein the broad context of the centrally coordinatedinvestigation of the September 11 terrorist acts as wellas the context of on-going and continual threatassessments. No individual field office has completeenough information to make this determination alone.For this reason, agreed upon procedures for the handlingof all detainees are necessary.

On September 25, 2001, Associate Deputy AttorneyGeneral Stuart Levy convened a meeting ofrepresentatives of the FBI, INS, the Civil Division andthe Criminal Division to establish procedures to ensurethe prompt determination of the need for continueddetention of these individuals. The process that wasagreed upon at that time requires the FBI to intervieweach detainee and to provide results of that interview

Exhibit J

38a

to FBI SIOC and to the INS attorney in the field. TheFBI must also verify that the detainee is not the subjectof or otherwise involved in any FBI intelligenceinvestigation. It is essential that this determination bemade both by the field office and by headquarters. Theultimate decision as to whether a particular detainee isor is not of interest to the FBI — based on an interviewof the detainee and a review of pertinent intelligenceinvestigations — is to be made by FBIHQ, not byindividual field offices.

[redacted]

I am asking you to take the following steps to obtainthe necessary information and facilitate this process:

• [10/2 EC covers] Each of the individuals indetention must be interviewed promptly[on apriority basis], the relevant indices must be checked,and intelligence information and investigationsreviewed, and the results of these inquiries shouldbe supplied by the SAC or designated ASAC toFBIHQ with appropriate supporting documentation.This information should include the basis for theinitial interest in the individual, the subsequentinformation developed, and the reason that there isno longer any interest in the individual. Theseinterviews should be handled on a priority basis.

• [FBI call:] Each field office with detainees shoulddesignate at least one agent to promptly interviewthe detainees in that district. These interviewsshould be handled on a priority basis.

Exhibit J

39a

[redacted]

It is important that these aliens in detention arehandled appropriately to make sure that those who areof investigative interest continue to be detained andthose who are not of interest are handled by INS in themanner that similarly situated aliens would be handled.Your efforts in this regard are greatly appreciated.

Exhibit A

1a

Exhibit A

FBI Interest Document for Yasser Ebrahim& Hany Ibrahim


File Number [redacted]

Title FBI LEAD NUMBER [redacted]

NYC

On September 30, 2001, S/A [redacted] and S/A[redacted] were instructed by SSA Love to respond toFBI lead number [redacted] with FBI agents [redacted]and [redacted]. The lead involved a group of MiddleEastern Males living at [redacted] in Brooklyn, NYrenting a mailbox and possibly sending out largequantities of money. The following individuals werearrested for violation of the Immigration and NationalityAct.

Yasser Ebrahim Fathy EBRAHIM is a native andcitizen of Egypt born 07/23/72 who entered the U.S. onor about 01/21/01 as a B2 Visitor with authorization toremain in the U.S. until 07/07/01. SUBJECT wasarrested as a B2 Overstay at [redacted] in Brooklyn,NY. SUBJECT EBRAHIM’S passport number is626008. He was in possession of a New York DL Number599115989.

Hany Ibrahim Fathy EBRAHIM is a native andcitizen of Egypt born 02/07/76 who entered the U.S. asa B2 visitor 08/04/98 with authorization to remain in the

Exhibit A

2a

U.S. until 02/03/99. SUBJECT was arrested as a B2overstay at [redacted] in Brooklyn, NY. SUBJECTEBRAHIM’S passport number is 907355.

[redacted] is a native and citizen of Egypt born[redacted] who entered the U.S. 07/17/01 as a B2 visitorwith authorization to remain in the U.S. until 01/16/02.SUBJECT admitted to the reporting agent and SA[redacted] that he was employed at the [redacted] inBrooklyn, NY telephone # [redacted]. SUBJECTstated his boss’s name is [redacted] and that he beganworking there around 09/13/01. Before working at the[redacted] SUBJECT stated he worked at [redacted]in Manhattan, NY. SUBJECT told the reporting agenthe worked there from 07/24 or 25/01 to 09/13 or 14/01.SUBJECT was arrested as a nonimmigrant workingwithout INS authorization.

[redacted] is a native and citizen of Egypt born[redacted] who entered the U.S. 02/27/00 as a B2 visitorwith authorization to remain in the U.S. until 08/26/00.SUBJECT was arrested at his place of employment at[redacted] in Brooklyn, NY as a B2 overstay workingwithout INS authorization. SUBJECT was also residingat [redacted] entered the U.S. on or about 07/17/01 asa B2 visitor [illegible] 01/16/02. SUBJECT was arrestedat his place of employment at [redacted] in Manhattan,NY, telephone number [redacted]. SUBJECT wasobserved by the reporting agent working, waiting oncustomers. SUBJECT stated he had been working thereabout a month. SUBJECT was arrested as a

Exhibit A

3a

nonimmigrant working without INS authorization.SUBJECT was also residing at [redacted] in Brooklyn,NY.

Also interviewed at [redacted] was [redacted] born[redacted] in Morocco. SUBJECT stated his SocialSecurity Number is [redacted] . SUBJECT wasdetermined to be a Lawful Permanent Resident of theU.S. through INS records checks.

One other individual is living at the apartment butwas not present. Agents were told he was at [redacted]in Chelsea, MA 02150. SA [redacted] was told theindividual was checking in to attending Medical School.His information is as follows. [redacted] country ofcitizenship Egypt, entered the U.S. 07/17/01 as a B2visitor with authorization to stay until 01/15/02.

SUBJECT’S above could not provide anyinformation relating to 09/11/01. FBI Special Agent[redacted] requested INS arrest those individuals inviolation of Immigration Law. INS SSA [redacted]authorized arrest.

SUBJECTS were checked on the INS Watch Listwith negative results.

Investigator [redacted] DateSpecial Agent [redacted] 09/30/01

Exhibit B

4a

Exhibit B

FBI Interest Document for Ashraf Ibrahim


FD-302 (Rev. 10-6-95)


Date of transcription 09/20/2001

Salesman, [redacted] TRUCK CENTER, [redacted],was advised of the official identity of the interviewingagent. [redacted] provided the following information:

[redacted] was working on Saturday, September 15,2001 at approximately 10:30 a.m. when three males, whoappeared to be Arabs, approached him and said theywere interested in purchasing a truck. The men hadinitially inquired about a used truck, volunteering thatthe truck would be used to carry water. [redacted], inan attempt to find them a truck that would fit their need,asked them the size of the containers in which the waterwould be stored, how much the load would weigh and towhom they were going to deliver. Their answers werevague. [redacted] was suspicious when they could notanswer his questions, but believes some of the confusioncould have resulted from them trying to convertmeasurements from the metric system. [redacted]eventually learned that they would be hauling 450containers weighing 30 pounds each. He determinedthey would need a large truck. [redacted] TRUCKCENTER is an IZUZU dealer and [redacted] showedthem a new 14-foot IZUZU truck with a 14,000 poundcapacity. The truck was listed for $30,000.

Exhibit B

5a

It was decided that a 10-foot truck would beadequate and [redacted], who had none on the lot, toldthem he would check on how long it would take for himto get them one. One of the men gave him a businesscard which was printed in English on one side and whatappears to be Arabic on the reverse side. The Englishside read, “Watermust Egypt Co., [redacted], G.Manager, [redacted], [redacted], Phone: [redacted],Fax: [redacted], Watermust Inc., [redacted], Phone:[redacted], Fax: [redacted].” Handwritten on theEnglish side of the card is the name [redacted] and thetelephone number [redacted]. A graphic of a desert oasisis pictured on both sides. [redacted] provided theoriginal business card to the interviewing agent. A copyof the business card is attached to and made part ofthis FD-302.

[redacted] looked up the telephone number on aCD-rom yellow page directory. The number came backto ASHRAF A IBRAHIM at the same address asWATERMUST, however the business name was notlisted.

[redacted] described the male who gave him thebusiness card as approximately 45 years old, 5 feet 10inches to 5 feel 11 inches tall, 180 to 200 pounds, withmedium length wavy black hair. The second male wasapproximately 30 years old, 5 feet 6 inches tall, andthinner than the other two at approximately 160 pounds.He spoke English with no accent. He gave [redacted]his cell phone number [redacted] and said his name was[redacted]. He wore jeans and a T-shirt. The third male

Exhibit B

6a

did not give his name. He was approximately 45 yearsold and weighed 180 to 200 pounds.

[redacted] did not get a good look at the marooncolored car in which they drove away.


Investigation on 9/18 & 9/20/01 at Philadelphia, PA

File # [redacted] Date dictated 9/20/01

by [redacted] :jlw