21 October 2008 -- Charges in United States v. Faez Mohammed Ahmed Al Kandari

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MC Form 458 21 October 2008 -- Continuation Sheet for Charges in United States v. Faez Mohammed Ahmed Al Kandari:[edit]

Charge 1: Violation of 10 U.S.C. 950v(b)(25), Providing material support for terrorism[edit]

Specification: In that Faez Mohammed Ahmed Al Kandari, a/ka Abu Khallad, a/ka Abu Khaldi, a/k/a Faez Moahmmed Al Kandari, a/k/a Umar Muhammad Ahmed Al Kandari, a/k/a Amin, a person subject to trial by military commission as an alien unlawful enemy combatant, in or around Kuwait and Afghanistan, from in or about August 2001 to in or about December 2001, in the context of and associated with an armed conflict and with knowledge that al Qaeda has engaged in and engages in terrorism, did provide material support and resources that include, but are not limited to personnel, including himself, expert advice and assistance, and training to al Qaeda, an international terrorist organization engaged in hostilities against the United States, with the intent to provide such material support and resources to al Qaeda.

Charge II: Violation of 10 U.S.C. 950v(b)(28), Conspiracy[edit]

Specification: In that Faez Mohammed Ahmed Al Kandari, a/ka Abu Khallad, a/ka Abu Khaldi, a/k/a Faez Moahmmed Al Kandari, a/k/a Umar Muhammad Ahmed Al Kandari, a/k/a Amin, a person subject to trial by military commission as an alien unlawful enemy combatant, in or around Kuwait and Afghanistan, from in or about August 2001 to in or about December 2001, did conspire and agree with Usama bin Laden and other persons, including members of al Qaeda known and unknown, to commit one of more substantive offenses subject to trial by military commission, to wit: attacking civilians in violation of 10 U.S.C. 950v(b)(2); attacking civilian objects in violation of 10 U.S.C. 950v(b)(3); and terrorism in violation of 10 U.S.C. 950v(b)(24), and that Faez Mohammed Ahmed Al Kandari knew the unlawful purpose of the agreement and willfully entered into the agreement with the intent to further that unlawful purpose and, in order to accomplish some objective and purpose of the agreement, Faez Mohammed Ahmed Al Kandari knowingly committed at least one of the following overt acts:

1.

Between in or about August 2001 and in or about December 2001, Faez Mohammed Ahmed Al Kandari visited the al Farouq training camp and provided instruction to al Qaeda members and trainees;

2.

Between in or about August 2001 and in or about December 2001, Faez Mohammed Ahmed Al Kandari served as an advisor to Usama bin Laden in Afghanistan; and

3.

Between in or about August 2001 and in or about December 2001, Faez Mohammed Ahmed Al Kandari produced recruitment audio and video tapes which encouraged membership in al Qaeda and participation in jihad.