U.S. tries to tie 'Virginia jihad' suspect to al Qaeda
Federal filings come after judge orders man's release
From Terry Fieden
CNN
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ALEXANDRIA, Virginia (CNN) -- Federal prosecutors on Friday attempted to tie a member of what they term the "Virginia jihad network" to the al Qaeda terrorist organization.
Government prosecutors disclosed in open court some possible connections between one of the defendants, Sabri Benkhala, and alleged al Qaeda operatives.
The unexpected move came as the government urged U.S. District Judge Leonie Brinkema to reverse a magistrate judge's Thursday ruling that Benkhala could remain free on bail pending trial. Previously, prosecutors claimed Benkhala and his co-defendants were connected to Lashkar-e-Taiba, a group fighting for the independence of the disputed province of Kashmir.
Benkhala was one of three alleged conspirators who pleaded not guilty Friday. The two others, Kwaja Mahmood Hasan and Seifullah Chapman, also made brief appearances in court and remain in custody.
The three were arrested in Saudi Arabia and returned to the United States a week ago. A total of 11 men have been indicted as part of what prosecutors have termed a "Virginia jihad network." The charges against them include weapons violations, conspiracy and violations of the Neutrality Act. So far three of the men have been released in advance of their November trial date. The others remain in custody.
Prosecutors argued Benkhala, a 28-year-old American citizen is both a danger to the community and a flight risk. Benkhala's lawyer said that was not true. The defense attorney also said weapons charges against his client were not recent and stated Benkhala currently owns no weapons.
Brinkema acknowledged the government had "raised some significant issues" but rejected the request to keep Benkhala in pre-trial detention. "There's some smoke, but I do not believe the government has met its burden," Brinkema said.
The judge told Benkhala that he was "basically in home arrest." She ordered strict supervision of him, including electronic monitoring, and she forbade travel and contact with alleged co-conspirators. Brinkema told Benkhala's father that he must put up his home for bail to secure his son's release into his custody and Benkhala must stay at home in Falls Church, Virginia.
Benkhala, a Muslim, asked the judge about going out to attend religious services. Brinkema replied, "In light of the nature of the charges, I cannot allow that." Benkhala appeared in court wearing prison garb. He was to remain in custody until bail and electronic monitoring arrangements were complete.
Prosecutors said Benkhala has traveled to Pakistan and Afghanistan, trained with the Taliban and told people he fired weapons while with the Taliban. The government also said he had names and phone numbers that could link him to suspected al Qaeda members. Some of the material was found by Saudi officials, they said.
