sect12_pros_memo - SECTION 12 CONSPIRACY RAHMAN PROSECUTION...

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S ECTION 12: C ONSPIRACY – O CTOBER 17, 2006 R AHMAN P ROSECUTION M EMO P RIMARY C ASE IN S ECTION : S HEIK O MAR A BDUL R AHMAN Legal Analysis/Argument: Charge Prosecution Defense USC Title 18 (1993), Part I. Crimes, Chapter 115: Treason, Sedition, and Subversive Activities, § 2384: Seditious Conspiracy Pg. 376 Objective elements – law o Two or more persons… [conspire] to overthrow, put down, or to destroy by force the Gov’t of the United States…or to levy war against them Subjective elements – law o Conspire o Implies purposely Objective elements – facts o Two or more persons (Rahman and his followers) conspire… o Overthrow, put down, or destroy by force: o Planned to destroy the Lincoln & Holland tunnels o Rahman condoning the acts of his followers (jihad against US & Egypt) was equivalent to driving a truck loaded with bombs into the WTC. Subjective elements - facts o Aware of the training and overall plans of the small terrorist cells o He provided hope, he provided encouragement; Rahman was aware of the plans. Objective elements – facts o Rahman avoided direct involvement with the particulars of any operation; only provides general comments. He is not a conspirator. o He only issues fatwas (religious opinions) o Rahman has the freedom to openly express his religious beliefs. It does not make him a conspirator if the men associated with the terrorist acts find Rahman’s words encouraging. o He condoned the proposed plans from the cells o He committed no overt act o No agreement made 1
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Charge Prosecution Defense Keeping these plans to himself made him a conspirator. o Intentionally shielding Rahman from direct involvement? o Minimum threshold of knowledge § 2385: Advocating Overthrow of Government, pg. 377 Objective elements – law o A) Advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States o C) Organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such gov’t by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons… Subjective elements – law o A) Knowingly or willfully o C) …Knowing the purposes thereof… Objective elements – facts o Condones and issues fatwas advocating the overthrow and destruction (via jihad) of the United States o Affiliates with numerous terrorist cells by advising them/being Objective elements – law o Merely a spiritual leader o His advocacy of overthrowing the US gov’t does not equate to holding him culpable of the actions of the terrorists o Did not organize the group o They were organized prior to his arrival o His support for their cause is not sufficient to hold Rahman culpable for their actions 2
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Charge Prosecution Defense aware of their plans Subjective elements - facts o Knowingly advocated the fact that the Qur’an authorizes holy war against the U.S. and Egypt Refer to Yates v. United States
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