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IN THE UNITED STATES DISTRICT COURT FOR
THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF
AMERICA )
)
v. ) Criminal
Number
)
JOHN PHILIP
WALKER
LINDH, )
a/k/a
"Suleyman
al-Faris," )
a/k/a
"Abdul
Hamid,"
)
Defendant.)
Affidavit in Support of a Criminal
Complaint and an Arrest Warrant
I, Anne E. Asbury, being duly sworn, depose and state:
1. I am a Special
Agent with the Federal Bureau of Investigation (FBI), United States Department
of Justice, assigned to the Washington Field Office. I have been employed by
the FBI as a Special Agent since January 1991. My primary duties are to conduct
terrorism related investigations.
2. This affidavit
contains information necessary to support probable cause for this application.
It is not intended to include every fact or matter observed by me or known by
the Government. The information provided is based on my personal knowledge and
observations during the course of this investigation, information conveyed to
me by other law enforcement and government officials, and my review of records,
documents, and other physical evidence obtained during this
investigation.
3. This
application is submitted in support of a criminal complaint and an arrest
warrant charging John Philip Walker Lindh, a/k/a "Suleyman al-Faris," a/k/a
"Abdul Hamid," ("Walker"), a United States citizen, with: (1) engaging in a
conspiracy, while outside the United States, to kill nationals of the United
States outside of the United States, namely, United States nationals engaged in
the ongoing conflict in Afghanistan, in violation of Title 18, United States
Code, Section 2332(b); (2) providing, attempting to provide, and conspiring to
provide material support and resources to designated foreign terrorist
organizations, namely, al-Qaeda and Harakat ul-Mujahideen ("HUM"), in violation
of Title 18, United States Code, Sections 2339B and 2; and (3) engaging in
prohibited transactions with the Taliban, in violation of Title 31, Code of
Federal Regulations, Sections 545.201 and 545.204, Executive Order # 13129,
Title 50, United States Code, Sections 1702 and 1705, and Title 18, United
States Code, Section 2.
Background
4. From my review
of reports and other statements prepared by law enforcement officers, U.S.
military personnel, and other government officials, I have learned that, on or
about November 25, 2001, Johnny Micheal Spann who was, at the time an employee
of the Central Intelligence Agency, and an individual identified herein as
"confidential source 1" ("CS-1"), an employee of the United States Government,
were conducting interviews at the Qala-i Janghi ("QIJ") compound near Mazar-e
Sharif, Afghanistan, of al-Qaeda, and Taliban forces who had been captured by,
or who had surrendered to, Northern Alliance forces in the course of the
ongoing conflict in Afghanistan. Among those interviewees was an individual
later identified as the defendant, Walker. Shortly after Walker's interview,
prisoners - who numbered several hundred - staged an uprising that took several
days to suppress and which resulted in Spann's violent death. During the course
of the uprising, Walker retreated with other detainees to a basement area of
the QIJ compound, where he remained for several days before being identified by
military and medical personnel as a United States citizen. Walker has remained
in the custody of U.S. military forces since that time.
Walker's Admissions
5. On or about
December 9 and 10, 2001, a Special Agent of the FBI interviewed Walker. Before
conducting the interview, the Special Agent advised Walker of his
Miranda rights. Walker
acknowledged that he understood each of those rights, and then waived those
rights. The Special Agent also presented Walker with a form on which those
rights are set forth and Walker signed below the waiver clause in which he
acknowledged that he understood his rights, that he was waiving those rights,
and that he agreed to be questioned by the FBI outside the presence of a
lawyer.
6. I have since
read the Special Agent's report of his interview of Walker. In sum, the report
indicates that: (1) Walker, a resident of California, converted to Islam in or
about 1997;
(1) (2) in 1998 and
again in early 2000, Walker traveled to Yemen to study Arabic and Islam; (3) in
or about October 2000, Walker traveled from Yemen to Pakistan to continue his
studies; (4) in or about May 2001 Walker joined a paramilitary training camp
run by the Harakat ul-Mujahideen ("HUM"), in order to fight in Kashmir on
behalf of that terrorist organization; (5) in or about June 2001, Walker
traveled to Afghanistan to fight with the Taliban; (6) from a Taliban
recruiting center in Kabul, Afghanistan, Walker was referred to an Arabic
mujahideen group that Walker was told was run by Usama Bin Laden's al-Qaeda
terrorist organization;
(2) (7) Walker
underwent a seven week terrorist training program at al-Qaeda's al-Farooq
training camp; (8) during the course of Walker's training course, Usama Bin
Laden visited the al-Farooq camp on several occasions, addressed the trainees,
and, on at least one occasion, met personally with Walker in a small group; (9)
after training at al-Farooq, Walker was deployed with other al-Qaeda mujahideen
to the front line in Takhar; (10) after Walker's position in Takhar was
targeted by U.S. air strikes, he and his group retreated to Kunduz; and (11)
eventually a withdrawal and surrender was negotiated with Northern Alliance
forces and Walker and other members of his al-Qaeda group were transported to
Mazar-e-Sharif and ultimately to QIJ.
7. More
particularly, and with regard to HUM, the report indicates that Walker stated,
in substance that, on or about May 1, 2001, Walker left a school he was
attending in Bannau, Pakistan and was escorted by an acquaintance to an HUM
propaganda/recruitment office in Peshawar. After a few days at the HUM office,
Walker was transported to a training camp north of Islamabad. The camp
consisted of a guest house, mosque, office and and a building to store the
weapons. Before leaving the HUM office, HUM officials told Walker not to admit
to anyone that he was American but to say, if asked, that he was from Ireland.
Within days of his arrival at the HUM camp, Walker commenced paramilitary
training that took some 24 days, and included propaganda speeches, firearms
training, and some unspecified "special missions" training.
(3) During the
firearms portion of the training, Walker used several different weapons. At the
conclusion of his training, HUM officials asked Walker whether he wanted to
continue training or go to Afghanistan to fight. Walker further stated that he
decided instead of fighting with HUM in Kashmir, he would join the Taliban in
Afghanistan.
8. The report
further indicates that, according to Walker, HUM arranged for Walker's travel
to Afghanistan in or about late May 2001. With a letter of introduction from
HUM, Walker reported to the Dar ul-Anan Headquarters of the Mujahideen in
Kabul, which was used as a Taliban recruiting center, and told them that he was
a Muslim who wanted to go to the front lines to fight. After several interviews
- including some by individuals who Walker reports were later killed at QIJ -
Walker was told that he would have to go to the Arab group because, among other
things, Walker was an American who did not speak the Urdu, Pashtu, or Dari
spoken by the other mujahideen groups. During this interview process, Walker
was told that the Arab group is Usama Bin Laden's al-Qaeda group and that,
because Walker's HUM training was insufficient for their purposes, Walker would
have to attend an al-Qaeda training camp for additional and extensive military
training. Walker further stated that he knew at the time that Bin Laden and
al-Qaeda were "against America and the government of Saudi Arabia," and that
al-Qaeda's purpose was to fight Americans.
9. According to
Walker, he was accepted to al-Qaeda and sent to a Bin Laden guest house in
Kandahar for several days. Thereafter, Walker was transported to the al-Farooq
camp, arriving on or about June 1, 2001. Within the first several weeks of his
arrival there, in or about early June 2001, Walker learned from one of his
instructors that Bin Laden had sent people to the United States to carry out
several suicide operations. Walker remained at the camp for the duration of the
seven week training course, which included courses in weapons, orienteering,
navigation, explosives, and battlefield combat. During the weapons training,
Walker used shoulder weapons, pistols, and rocket propelled grenades ("RPG").
During the explosives training, Walker used grenades and constructed Molotov
cocktails. Walker reported that Bin Laden visited the camp on three to five
occasions and gave lectures on "the local situation, political issues, old
Afghan/Soviet battles, etc." On at least one of those occasions, Walker and
four other trainees met with Bin Laden for approximately five minutes, during
which Bin Laden thanked them for taking part in jihad. Walker also stated that,
during his training he was offered several options. The first option was to
continue training at al-Farooq or at one of Bin Laden's many other camps in
Afghanistan, including at Kandahar, Kabul, Khost, and Jalalabad in courses such
as artillery, explosives , poisons, intelligence, and terrorist tactics.
Another option offered Walker was to go to the front lines and fight the
Northern Alliance. Walker also stated that, during his training at al-Farooq,
he met with Abu Mohammad Al-Misri, an Egyptian whom Walker understood to be the
general manager of the training camps. Al-Misri asked Walker, as well as other
foreigners training at the camp, whether he was interested in traveling outside
Afghanistan to conduct operations against the United States and certain Israeli
targets.
(4) Walker declined
the offer and chose instead to go to the front lines to fight.
10. Walker
further stated that, after completing his al-Qaeda training, Walker was issued
an AKM rifle and sent to Kabul with approximately 30 other mujahideen. Walker
carried the rifle with him while, together with approximately 150 fighters,
Walker made his way from Kabul to the front line in Takhar. Walker's group
rotated in two week shifts in the Takhar trenches defending against Northern
Alliance attacks. During this time, Walker's AKM rifle malfunctioned, and he
was reissued a new rifle and he carried that as well as two grenades along the
front line. Walker also stated that, on September 11 or 12, he learned about
the terrorist attacks in Washington and New York by radio. According to Walker,
it was his and his comrades' understanding at the time that Bin Laden had
ordered the attacks and that additional attacks would follow.
11. Walker also
stated that, after the September 11 attacks, all of the Bin Laden training
camps were closed and the people in those camps were sent to the front lines to
protect Bin Laden and to defend against what they anticipated would be attacks
from the United States. Walker further stated that he remained with his
fighting group until their position in Takhar was bombed by the U.S.
Thereafter, according to Walker, he and his group retreated to Kunduz.
Eventually, a withdrawal was negotiated with General Dostum of the Northern
Alliance, as part of which Walker and other fighters surrendered their arms and
were trucked to Mazar-e Sharif, and ultimately to QIJ. Walker further stated
that he was eventually interviewed by two Americans (i.e., Spann and
CS-1) to whom, according to Walker, he identified himself as a Pakistani.
Walker stated that, after the interview, he was moved to a lawn where others
whose interrogations had been completed had also been moved. Shortly
thereafter, Walker heard shots and screaming from the basement. Walker further
stated that, upon hearing this, Walker got up and tried to run, but was shot in
the leg and collapsed in the yard. Walker stated that he remained lying in the
yard until he was brought to the basement by his comrades. Walker claims not to
have seen what happened to the two Americans who had interviewed him.
12. Walker
further stated that ultimately a surrender was arranged and Red Cross workers
took the sick and wounded to hospitals near Mazar-e-Sharif. Walker stated that,
while in transit, he discussed his situation with a CNN reporter. Walker also
stated that he has been treated well by the military, and has received adequate
food and medical treatment while in their custody.
The
CNN Interview
13. As set forth
above, Walker stated that he was interviewed by CNN while en route to
Mazar-e-Sharif after the QIJ uprising. I have reviewed the broadcasts and
transcripts of the interview as well as reports of Walker's statements that
were also broadcast. The relevant portions are set forth below and
substantially corroborate Walker's statements to the FBI.
(5)
In a tape of
Walker's interview, which aired on CNN on December 2, 2001, he
stated:
I was a student
in Pakistan studying Islam. And I came into contact with many people who were
connected with Taliban. I lived in the region of the northwest frontier
province there. The people there in general have a great love for the Taliban.
So, I started to read some of the literature of the scholars and the history of
the movement, and my heart became attached to them.
* * * * *
When we withdrew
from Takhar, we walked by foot maybe more than 100 miles. Afterward, I was very
sick for the whole period.
In the same
broadcast, the correspondent who conducted the interview, went on to say that
Walker had said he:
· is a member of Ansar, who are the
Arabic-speaking fighters who are funded and supported by Bin Laden;
· went to Afghanistan six months ago from Yemen
where he was studying Arabic;
· went to Kabul to join the Taliban, but because
he could not speak Pashtu, they sent him to Arabic speaking camps run by Bin
Laden;
· had attended several training camps;
· was trained in the use of a Kalashnikov rifle
and was sent to Kashmir to fight;
· saw Bin Laden several times at the training
camps and when Bin Laden visited the troops on the front lines; and
· began his jihad on the front lines north of
Kabul, and later was sent to fight in the province of Takhar right before the
war began. (6)
The QIJ Uprising
14. Based upon
preliminary reports of U.S. military and other personnel, as well as upon media
accounts, I understand that, among other things, the following transpired at
QIJ in or about the end of November 2001:
· On or about November 25, 2001 Spann and CS-1
were conducting interviews of detainees at QIJ;
· Spann took photographs of those individuals
who he interviewed, and a photograph of Walker has been recovered from amongst
those photographs;
· Some time after Walker was interviewed, a mass
of prisoners converged upon Spann, and CS-1 fired upon those prisoners;
· Ultimately, the prisoners killed Spann;
· Several prisoners, including Walker, who had
been shot in the leg during the melee, retreated to the basement of the
compound where they remained for several days; and
· Medical workers and other individuals who had
contact with Walker identified him as an American citizen and notified U.S.
military personnel, who took Walker into custody.
15. I also
understand that a photographer was present in QIJ on or about November 25,
2001, and that portions of several of Spann's interviews that day, including
that of Walker, was filmed. I have reviewed several portions of that footage,
which has been broadcast and published in various media. Among other things,
the footage shows Spann interviewing Walker. Among the many questions Spann
asked Walker was his name, where he was from, how he got to QIJ, and how he was
recruited. Walker did not answer any of Spann's questions.
Conclusion
16. Based on the
foregoing, I have probable cause to believe that: (i) from in or about May 2001
through in or about December 2001, John Philip Walker Lindh, a/k/a "Suleyman
al-Faris," a/k/a "Abdul Hamid," the defendant, while outside the United States,
engaged in a conspiracy to kill nationals of the United States outside of the
United States, namely, United States nationals engaged in the ongoing conflict
in Afghanistan, in violation of Title 18, United States Code, Section 2332(b);
(ii) from in or about March 2001 through in or about May 2001, John Philip
Walker Lindh, a/k/a "Suleyman al-Faris," a/k/a "Abdul Hamid," the defendant,
subject to the jurisdiction of the United States, but outside of the
jurisdiction of any particular state or district, unlawfully, willfully, and
knowingly, provided material support and resources, as that term is defined in
18 U.S.C. § 2339A(b), to a foreign terrorist organization, namely, Harakat
ul-Mujahideen ("HUM"), and attempted and conspired to do so, in violation of
Title 18, United States Code, Sections 2339B and 2; (iii) from in or about May
2001, through in or about December 2001, John Philip Walker Lindh, a/k/a
"Suleyman al-Faris," a/k/a "Abdul Hamid," the defendant, subject to the
jurisdiction of the United States, but outside of the jurisdiction of any
particular state or district, unlawfully, willfully, and knowingly, provided
material support and resources, as that term is defined in 18 U.S.C. §
2339A(b), to a foreign terrorist organization, namely, al Qaeda, and attempted
and conspired to do so, in violation of Title 18, United States Code, Sections
2339B and 2; and (iv) from in or about May 2001, through in or about December
2001, outside of the jurisdiction of any particular state or district, John
Philip Walker Lindh, a/k/a "Suleyman al-Faris,"a/k/a "Abdul Hamid," the
defendant, being a United States person, subject to the jurisdiction of the
United States, willfully, and knowingly contributed goods and services to, and
for the benefit of, the Taliban, and supplied directly and indirectly goods and
services to the territory of Afghanistan controlled by the Taliban and to the
Taliban and to persons whose property and interests in property are blocked
pursuant to 31 C.F.R.
§545.201, in
violation of of Title 31, Code of Federal Regulations, Sections 545.201 and
545.204, Executive Order # 13129, Title 50, United States Code, Sections 1702
and 1705, and Title 18, United States Code, Section 2.
________________________________________
XXXXXXX
Special
Agent
Federal Bureau of
Investigation
United States
Department of Justice
Sworn to and
subscribed to before me
on January 15, 2002
_________________________________
United States
Magistrate Judge
1. According to Walker's father, Walker
assumed the name "Suleyman al-Faris" when he converted to Islam.
2. At all relevant times herein, the
Secretary of State had designated HUM and al-Qaeda as Foreign Terrorist
Organizations pursuant to Section 219 of the Immigration and Nationality Act.
3. Walker reported that there were
approximately 100 trainees at the camp while he was there. Those trainees were
broken down into smaller groups of 15 or 20. At least one of his fellow
trainees, according to Walker, was killed at the QIJ uprising.
4. Walker's description of al-Misri is
consistent with that provided by confidential sources, at least one of whom is
a former member of al-Qaeda who is familiar with the operation of the several
training camps run by Bin Laden and al-Qaeda. According to at least one of
those sources, al-Misri (which means "the Egyptian") is also known as "Saleh,"
who is a fugitive under indictment in the United States District Court for the
Southern District of New York for his participation in the 1998 bombings of the
United States embassies in East Africa .
5. The following accounts are drawn from
preliminary transcripts of CNN broadcasts.
6. In additional footage of the same
interview, Walker indicated that he had adopted the name "Abdul Hamid."
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