To: LindyBill who wrote (23804 ) 1/11/2004 12:29:55 AM From: Sully- Respond to of 793682 Terror count filed against Al-Hussayen Ex-U of I student accused of conspiracy Sami Al-Hussayen was charged Friday with conspiracy to aid terrorists — the first actual terrorism charge filed against the former University of Idaho student who was linked by federal prosecutors to radical Islamic groups when he was arrested in February. A federal grand jury indicted Al-Hussayen, a 33-year-old computer science graduate student, on a charge of conspiracy to provide material support to terrorists. The charge comes less than two weeks before Al-Hussayen´s jury trial on several visa charges is supposed to begin — timing his lawyer characterized as “suspicious.” “It flabbergasts me they would wait until the last minute to bring these charges,” said Boise attorney David Nevin. “The timing says a mouthful. I think they could have brought this charge at any time.” The conspiracy charge will be added to the existing visa fraud charges against Al-Hussayen, scheduled for jury trial Jan. 20. “This is a whole new charge, full of legal complexity, we now have to address in 10 days,” Nevin said. First Assistant U.S. Attorney Terry Derden said Friday the timing was just a matter of how long it took to process thousands of computer files seized during the investigation. “We did not have all the evidence we have today,” Derden said Friday, hours after the indictment was filed. “We have seized hundreds of gigabytes of computer evidence. That´s a massive amount of material (to be analyzed). The new charge is based on newly discovered evidence.” In the indictment released Friday, Al-Hussayen is accused of knowing his computer services and expertise would be used to “recruit and raise funds for a violent holy war, or jihad, in Israel, Chechnya, and elsewhere which have involved destruction of property, kidnapping, maiming and murder.” Nevin said Friday he hadn´t had enough time to fully examine the indictment or decide whether to ask for a delay in the Jan. 20 trial. Prosecutors have contended for nearly a year — since Al-Hussayen was arrested on visa fraud charges Feb. 26 — that Al-Hussayen supported foreign terrorist efforts during his tenure at U of I. Al-Hussayen will be arraigned on the conspiracy charge in U.S. District Court in Boise on Monday. “I can tell you Sami will plead not guilty ... he is not a terrorist, and he is not a criminal,” Nevin said. Nevin disputed those allegations Friday, but declined to elaborate due to the upcoming jury trial. Al-Hussayen has already been found to be eligible for deportation back to his home in Saudi Arabia, but was detained for the trial. His wife and children are under an immigration order to leave the country by March 6. Derden said the terrorism allegations would have been admissible in the visa fraud trial, but having the additional terrorism charge filed against Hussayen clarifies the issues. “This certainly frames the charges for which he is responsible,” Derden said. “There is conduct here.” idahostatesman.com