Tuesday, November 19, 2013
Three local Somali men
convicted of aiding a terrorist organization in their war-torn homeland
were sent to prison Monday, concluding what’s expected to be the first
leg in legal battle that will continue in appeals courts.The
sentencing hearing in San Diego federal court comes four days after the
men lost their bid for a new trial, which was requested after it came
to light that the investigation was kick-started by the U.S. National
Security Agency’s sweeping electronic surveillance program.
U.S.
District Judge Jeffrey Miller handed down sentences that were lower
than the maximum term and what prosecutors recommended, as he took into
account the overwhelming community support for the men and their
otherwise upstanding backgrounds.
Still,
the judge wanted the sentences to send a strong message against any
support of terrorism, saying “seeds of this kind of thinking cannot be
sowed here in the United States.”
Basaaly Moalin, a San Diego cabdriver whose actions were considered the most egregious, received the highest term of 18 years.
The
U.S. Attorney’s Office said Moalin, 36, led the local effort to raise
$10,900 in support of al-Shabab, a violent terrorist group fighting for
control of Somalia’s transitional government.
Mohamed
Mohamed Mohamud, a 41-year-old City Heights imam who used his influence
to solicit funds from others, was sentenced to 13 years.
Issa Doreh, 56, who worked at a money transfer business the men used, received 10 years.
A fourth defendant, Orange County cabdriver Ahmed Nasir Taalil Mohamud, is set to be sentenced in January.
They have already served three years and will be required to serve at least 80 percent of the full terms.
“These
men willfully sent money to a terrorist organization, knowing
al-Shabaab’s extremely violent methods, and knowing the U.S. had
designated it as a foreign terrorist organization,” U.S. Attorney Laura
Duffy said in a statement. “Months of intercepted phone conversations
included discussion of suicide bombing, assassinations and Jihad. We are
satisfied that because of this investigation and prosecution, we have
furthered our mission to safeguard national security by blocking
financial support to this dangerous group.”
Volumes
of letters and signatures poured in for the men from community members,
tribal leaders, government officials and family — both in San Diego and
Africa. Moalin alone garnered more than 600 letters or signatures.
A
similar tone permeated the pleas for mercy, with stories of men who are
dedicated to raising money for education and orphans back home, and to
the spiritual and financial support of refugees trying to assimilate in
San Diego — home to the second largest Somali population in the U.S.,
behind Minneapolis.
Moalin
sponsored numerous students, Mohamud helped open a school and Doreh
volunteered at the same federal jail where he is now being held, their
attorneys said.
The defense
attorneys also urged the judge to put the men’s criminal acts into the
context of the turbulent, ever-changing geopolitical situation of their
homeland, where “today’s warlord is tomorrow’s national consensus
president,” wrote Joshua Dratel, Moalin’s lawyer.
In
traveling to Mogadishu to take depositions, co-counsel Alice Fontier
told the judge, “That country is out of the realm of understanding for
the average American. ... People don’t live in Somalia, they try to
survive.”