The NEFA Foundation - United States v. Shnewer et al.

United States v. Shnewer et al. - Ft Dix trial

In October 2008, the trial of five men charged in 2007 with plotting to attack the U.S. Army base at Fort Dix, New Jersey began. Initiated by a "homegrown" cell that was, in the words of one plotter, eager to "hit a heavy concentration of soldiers...", the plan was disrupted in May 2007 as two conspirators attempted to purchase four fully-automatic M-16 machine guns and three semi-automatic AK-47 assault rifles. In addition to attempting to purchase heavy weaponry to supplement their existing arsenal, cell members procured a map of Fort Dix, conducted reconnaissance on the base, and engaged in tactical and firearms training. One conspirator also carried out surveillance on a number of other military targets, including the U.S. Army base at Fort Monmouth, New Jersey and Dover Air Force base in Dover, Delaware. In December 2008, after a twelve-week trial, a jury convicted the five men of plotting to kill members of the U.S. military, but acquitted them of attempting to murder members of the U.S. military. Sentencing is set for April 2009. The NEFA Foundation cataloged the numerous exhibits released during the course of the trial and provided key filings entered on the docket prior to the start of the trial. For background, see the NEFA "Target: America" report "The Fort Dix Plot" and NEFA Senior Investigator Evan Kohlmann's expert witness report.

	Indictment, Superseding Indictment, and Department of Justice Press Release On May 7, 2007, federal agents made a series of arrests following a lengthy investigation that uncovered a plot to murder members of the U.S. military. In indictments filed in June 2007, prosecutors charged Serdar Tatar of Philadelphia, Pennsylvania; Mohamad Shnewer of Cherry Hill, New Jersey; and brothers Dritan, Shain, and Eljvir Duka of Cherry Hill, New Jersey with involvement in the planned attack. A superseding indictment, filed on January 15, 2008, charged the men with the attempted murder of military personnel. The Duka brothers, Shnewer, and Agron Abdullahu of Buena Vista Township, New Jersey were also indicted on weapons-related charges. This Superseding Information lays out the weapons violations Abdullahu committed.

	Complaint This document provides extensive details on the plot targeting Fort Dix. For example, the filing reveals that on August 1, 2006, in a recorded conversation, Shnewer said to FBI informant Mahmoud Omar, “If you really want to do anything here, there is Fort Dix…I don’t want to exaggerate…I assure you that you can hit an American base very easily.” He continued, “You take a map and draw it and then you calculate that there are areas where there are 100-200 individuals and you should allocate 6-7 persons for this alone.” Shnewer added, “When you go to a military base, you need mortars and RPGs.”

	Department of Justice Press Release on Convictions In December 2008, after a twelve-week trial, a jury convicted the five men of plotting to kill members of the U.S. military, but acquitted them of attempting to murder members of the U.S. military. Following the convictions, Assistant Attorney General Patrick Rowan commented, "Today's verdicts underscore the need for continued vigilance against homegrown terror threats. While these defendants were not members of an international terrorist organization, their involvement in weapons training, their surveillance of domestic targets and their discussions of killing U.S. military personnel posed a serious threat that required the law enforcement disruption and the prosecutions upheld by the jury today.” Sentencing is set for April 2009.

	Agron Abdullahu In arguing against bail for Agron Abdullahu, DOJ noted that the Duka brothers, who were illegal immigrants, had Abdullahu and another individual store their weapons. When searching Abdullahu’s residence on May 7, 2007, federal agents seized a 9 millimeter Beretta handgun, a Mossberg 12 gauge shotgun, a Beretta 9 millimeter CX4 Storm rifle, a Yugo rifle, a bayonet, and ammunition. Moreover, prosecutors note that Abdullahu “admitted that he purchased approximately 2,500 rounds of ammunition to be used by the Dukas and others." In October 2007, Abdullahu pled guilty to weapons charges. As Abdullahu's case moved into the sentencing phase, DOJ argued that the court "should sentence defendant [Agron] Abdullahu to a term of imprisonment that is substantially greater than the advisory Sentencing Guidelines calculation of 12 to 18 months." They write that "Abdullahu was providing firearms to persons who expressed their devotion to jihad...Abdullahu knew or should have known that the Dukas and Shnewer were using Abdullahu’s firearms to prepare themselves to commit violent crimes against Americans or American interests." The document continues, "during the 2006 Poconos trip, the group practiced shooting various firearms at the firing range. As the group practiced, they made repeated references to 'jihad' and yelled 'Allah Akbar,' while one member also showed the others how to shoot 'mujahideen style.' Surely, this conduct must have given defendant Abdullahu at least some indication that certain of his companions viewed their time at the shooting range as not merely amusement, but training for a specific purpose." To strengthen their case, federal prosecutors introduced a number of recorded conversations involving Abdullahu. In this February 1, 2007 recorded conversation, Abdullahu and the alleged Fort Dix conspirators discuss purchasing weapons. Abdullahu informs the men that "when you get the firearms ID card, they check your whole history...Interpol, they check everything out, FBI background check." He complains, "even in fcking Jersey...when I buy a rifle it takes like fcking 24 hours." Also in this conversation, Abdullahu says, "yo, let's buy a high power rifle, with a fcking nice scope." Eljvir Duka replies, "I wanna train sniper." Then, when Dritan Duka asks, "you think that we are terrorists?", Abdullahu responds, "maybe we are terrorists, you don't know." At another point, Eljvir Duka states, "we need a Taliban ruler" in Albania. In another February 1, 2007 recorded conversation, Eljvir Duka asks whether it would be possible to "hit the American soldiers in Iraq" with a certain weapon; his brother, Dritan Duka, answers, "from a mile away." The men then talk about shooting George Bush: "Do you think I can stand far enough from the White House? Do you think I can hit George Bush..." Later, the men claim that American casualties in Iraq have been dramatically understated and the U.S. media cannot be trusted because, in the words of Agron Abdullahu, "it's all controlled by...the Jews." Dritan Duka reports that he and his brother "look everywhere" for news from the mujahideen in Iraq and believe that 40,000 U.S. soldiers have been killed. He argues, "I have seen 3,000 just killed by only...[one] sniper." Turning to the progress of the Taliban, Dritan says, "the Taliban are doing great and I give you glad tidings that we are winning the war." And in a February 6, 2007 recorded conversation, Abdullahu displays a strong interest in explosives. During interviews with federal agents, he detailed how “he has used gun powder to blow up logs in his back yard.” He “explained that he ignited the gun powder with a fusing system that incorporated an extension cord and a ‘lighter-wire’ that he placed into an electrical socket which heated the lighterwire which, in turn, ignited the gun powder.” And during a February 2007 trip to the Poconos, Abdullahu discussed explosives with members of the group; in this conversation, recorded by the FBI, Abdullahu brags that he "can break into Home Depot and make a fcking biggest bomb..." He also points out that "you can make a bomb out of fcking legal fcking ammonia." Nonetheless, he claims that "knowledge is power" and he does not "want to use it for the wrong reasons." In March 2008, a federal judge sentenced Abdullahu to 20 months in federal prison for conspiring to provide firearms and ammunition to illegal aliens involved in an alleged conspiracy to attack the Fort Dix Army base in New Jersey. Advisory Sentencing Guidelines called for a sentence of 12 to 18 months, but federal prosecutors had argued that "Abdullahu was providing firearms to persons who expressed their devotion to jihad...Abdullahu knew or should have known that the Dukas and [Mohamad] Shnewer were using Abdullahu’s firearms to prepare themselves to commit violent crimes against Americans or American interests."

	FBI Informant #1 - Mahmoud Omar The FBI’s primary source in the case, Mahmoud Omar -- a car dealer/mechanic and legal immigrant from Egypt -- has a criminal history. In 2001, he served six months in prison after pleading guilty to three counts of bank fraud for depositing fake checks. In 2004, police arrested Omar for fighting with a neighbor. He has also declared bankruptcy and twice been the subject of deportation orders by the U.S. government. And, during trial testimony, Omar acknowledged smoking marijuana as recently as October 24, 2008, days before he was due on the stand. Despite his history, the FBI assesses that Omar “has proven to be credible and reliable.” According to prosecutors, “shortly before CW-1’s [Omar’s] involvement in the…investigation, CW-1 had provided the FBI with information regarding significant criminal conduct. The FBI independently corroborated CW-1’s information. CW-1’s credibility in that matter was further supported when federal charges were filed and at least two individuals pled guilty and admitted the conduct CW-1 had reported to the FBI.” Nonetheless, prosecutors admit that Omar “has had one instance of not fully reporting truthful information. In January 2006, CW-1 self-reported to his/her handler that he/she mis-stated the identity of a friend with whom he/she had contact in an effort to protect that individual.” Following this incident, “no derogatory information concerning CW-1 has been reported.” What’s more, “the FBI has been able to independently corroborate the information provided by CW-1 through consensual recordings and surveillance operations.” Omar gained access to the cell in March 2006, first repeatedly visiting Plaza Food Market & Halal Meats, a New Jersey grocery store owned by Mohamad Shnewer’s father. Members of the Shnewer and Duka families describe Omar as “needy for companionship and sometimes for money.” Shnewer’s sister (and Eljvir Duka’s wife) noted that Omar “acted like a young guy, like he was cool and everything.” Omar exploited his relationship with Mohamad Shnewer, with whom he regularly played pool and chatted, to meet the other cell members. Although Omar established solid relationships with the cell members, Serdar Tatar grew concerned that he was a “fed.” As the complaint notes: “In a possible effort to determine whether CW-1 [Omar] was a law enforcement officer, Serdar Tatar on November 15, 2006 contacted a sergeant with the Philadelphia Police Department and stated that he had been approached by an individual who had pressured him to acquire maps of Fort Dix. Tatar also told the police officer that he did not supply the map and was fearful that the incident was terrorist-related. The sergeant telephoned the FBI in Tatar’s presence.” During the trial, the defense entered into evidence a document that details the $237,873 Omar received from the FBI for his work on the case.

	Photographs - Fort Dix Sign Leading to Fort Dix Sign at Fort Dix #1 Sign at Fort Dix #2 Main Gate at Fort Dix #1 Main Gate at Fort Dix #2 Check Point at Fort Dix #1 Check Point at Fort Dix #2 To prepare for the assault on Fort Dix, one of the conspirators carried out preoperational surveillance. Discussing his plan with informant Mahmoud Omar on August 5, 2006, Mohamad Shnewer warned about tight security at the base, saying, “you cannot take pictures as it is very difficult to do so.” Instead, Shnewer advised that Omar “make as if you are talking on the cell phone and you will take a video…we will drive slow and what is nice with the phone is that if you are stopped by…police, you will delete it from memory.” Shortly after this conversation, on August 11, 2006, Shnewer and Omar drove by the base to conduct surveillance. A transcript of that surveillance has been entered into evidence, as has GPS evidence from Shnewer's car. GPS tracking information showing Shnewer at Fort Dix on August 11, 2006- #1 GPS tracking information showing Shnewer at Fort Dix on August 11, 2006 - #2 GPS tracking information showing Shnewer at Fort Dix on August 11, 2006 - #3 GPS tracking information showing Shnewer leaving Fort Dix on August 11, 2006

	Photographs - Super Mario Brothers Pizza Super Mario Brothers Pizza and McGuire Air Force Base Serdar Tatar had unique insights into the vulnerabilities of the base because his family owns SuperMario’s Pizza, a restaurant near Fort Dix, and he had made deliveries there. As Mohamad Shnewer explained to Mahmoud Omar, the FBI informant, Tatar knows the base “like the palm of his hand.”

	Photographs - McGuire Air Force Base Sign Leading to McGuire Air Force Base Approach to Main Gate - McGuire Air Force Base Main Gate at McGuire Air Force Base #1 Main Gate at McGuire Air Force Base #2 Warning Sign at McGuire Air Force Base Auxiliary Entrance at McGuire Air Force Base #1 Auxiliary Entrance at McGuire Air Force Base #2 Flight Line at McGuire Air Force Base #2 McGuire Air Force Base Power Plant Aerial View of McGuire Air Force Base On August 11, 2006, Shnewer also drove by McGuire Air Force Base to conduct surveillance. GPS evidence from Shnewer's car has been entered into evidence. GPS tracking information showing Shnewer at McGuire Air Force Base on August 11, 2006 - #1 GPS tracking information showing Shnewer at McGuire Air Force Base on August 11, 2006 - #2

	Photographs - Lakehurst Naval Air Station Main Gate at Lakehurst Naval Air Station #1 Main Gate at Lakehurst Naval Air Station #2 Approach to Main Gate at Lakehurst Naval Air Station #1 Approach to Main Gate at Lakehurst Naval Air Station #2 Auxiliary Check Point at Lakehurst Naval Air Station On August 11, 2006, Mohamad Shnewer conducted surveillance on the Lakehurst Naval Air Station in Lakehurst, New Jersey. On his way to the Naval Station, Shnewer told Mahmoud Omar, “this is going to be easier to hit specially if you have 8 or 9 shooting with machine guns and they are good shooters.”61 During a previous conversation about the naval base, Shnewer had remarked, “Maybe it is easy to hit them, there are nights when the squad is out and doing exercises without weapons…the only problem is that they may have protection and scouts watching.” To address this concern, Shnewer suggested that they “go one day to a nearby restaurant and observe the whole base.” A transcript of that surveillance has been entered into evidence, as has GPS evidence from Shnewer's car. GPS tracking information showing Shnewer in the vicinity of the Lakehurst Naval Air Station on August 11, 2006

	Photographs - Fort Monmouth Main Gate at Fort Monmouth #1 Main Gate at Fort Monmouth #2 Check Point at Fort Monmouth Check Point at Auxiliary Gate at Fort Monmouth Sign at Fort Monmouth Entrance to Fort Monmouth at Night On August 11, 2006, the same day he surveilled Fort Dix, Mohamad Shnewer conducted surveillance of the U.S. Army base at Fort Monmouth, New Jersey. A transcript of that surveillance has been entered into evidence.

	Photographs - Dover Air Force Base Main Gate at Dover Air Force Base #1 Main Gate at Dover Air Force Base #2 Main Gate at Dover Air Force Base #3 Main Gate at Dover Air Force Base #4 On August 13th, 2006, Mohamad Shnewer carried out surveillance on Dover Air Force Base in Dover, Delaware. Discussing security at the Air Force base with Omar during their surveillance mission, Shnewer commented that Eljvir Duka, “told me they have high security over there.” He added, “You can see the planes taking off. Sometimes, there are 300 soldiers.” Arriving at the base, Shnewer examined the perimeter fence and “other security features” and “agreed with Elvjir Duka’s assessment that the base was too difficult of a target because of its high security.” During the trip, Shnewer also showed Omar a video detailing how to build a grenade. GPS evidence from Shnewer's car has been entered into evidence. GPS tracking information showing Shnewer in and around the Dover AFB on August 13, 2006 - #1 GPS tracking information showing Shnewer in and around the Dover AFB on August 13, 2006 - #2

	Photographs - U.S. Coast Guard Facility Main Gate at U.S. Coast Guard Facility On August 13th, Shnewer carried out surveillance on the U.S. Coast Guard Base, Sector Delaware Bay in Philadelphia, Pennsylvania. A transcript of the surveillance has been entered into evidence. Mohamad Shnewer is heard discussing driving a truck into the complex. GPS evidence from Shnewer's car has been entered into evidence. GPS tracking information showing Shnewer in and around the US Coast Guard facility on or about August 13 and 14, 2006

	Philadelphia Federal Building Shnewer also conducted surveillance on the Philadelphia Federal Building. GPS evidence from Shnewer's car has been entered into evidence pertaining to that surveillance. GPS tracking information showing Shnewer in the vicinity of the Philadelphia Federal Building on or about August 13 and 14, 2006

	May 7, 2007: Weapons Purchase and Arrests On May 7, 2007, Shain and Dritan Duka took possession of four handguns, as well as what prosecutors label “seven powerful weapons of war” from a cooperating witness: four fully-automatic M-16 machine guns and three semi-automatic AK-47 assault rifles. Following the weapons deal, the Duka brothers were arrested, along with the rest of the cell. (The FBI was concerned that cell members might acquire weapons from outside sources. FBI Director Robert Mueller commented, “when we started to lose control of their weapons purchases, a determination was made that now’s the time to make the arrest.”) A number of exhibits pertaining to this day were entered into evidence. At 1:04 pm, Mahmoud Omar and Dritan Duka spoke on the phone in a conversation recorded by authorities. At 7:48 pm, the two spoke again with Omar telling Duka to come to his house. At 8:59 pm, the weapons transfer took place with Omar, Shain and Dritan Duka in attendance. As the men examine the weapons, an FBI SWAT team enters and arrests the Dukas. Prosecutors also entered into evidence a photograph of $1,400 that Shain Duka gave to Mahmoud Omar to purchase the weapons on May 7, 2007. Moreover, a business card with "AK-47 Kalichnikov” written on the back entered into evidence. The front of the card lists 215 Mimosa Drive as the address, which is the Duka's home. A list of weapons available to be purchased, which was recovered from Dritan Duka’s residence (500 Park Boulevard, Cherry Hill, NJ) on or about May 7, 2007, was also entered into evidence. A "list [of] what everybody wants" is also referenced in this March 23, 2007 conversation between Dritan Duka and Mahmoud Omar. The "list" is further referenced in this March 28, 2007 conversation between Dritan Duka and Mahmoud Omar. On March 30, 2007, Omar mentions the "list" and tells Shnewer “the AK-47 is for five hundred” and asks “is it a good price, or is it expensive?” Shnewer responds, “Very good.” The "list" is referenced again in this April 5, 2007 conversation between Shnewer and Omar. Then, in this April 7, 2007 conversation, machine guns are discussed. And in this April 6, 2007 conversation, Dritan Duka expresses his interest in M-16s and AK-47s. On April 13, 2007, RPGs are discussed, though Dritan Duka reportedly was not interested. On April 27, 2007, RPGs are again discussed, with Mohamad Shnewer stating, "I want the RPG." Later, he commented, "if you hit an armored car with it you obliterate it." Earlier in March, Dritan Duka noted that "AK 47 is the best." In a February 26, 2007 conversation, Eljvir Duka tells Mahmoud Omar, “right now…we want automatic hand guns and…my cousin wants one. Handgun.” In a February 8, 2007 conversation, Dritan Duka again acknowledges that fully automatic weapons are illegal in the U.S. Further, in this February 2, 2007 conversation, Eljvir Duka inquires about the availability of M16s and AK 47s. On February 1, 2007, Eljvir Duka notes that "nine millimeter is nice." The same day, Dritan Duka admits that "fully automatic is illegal in America." And, also the same day, weapons again are the subject of this conversation. Weapons and ammunition are the subject of this January 31, 2007 conversation and this January 26, 2007 conversation. In a January 19, 2007 conversation, several of the men discuss the weapons they possess. Previously, in an August 18, 2006 conversation, Dritan Duka revealed that "We have a Muslim" in Camden, New Jersey "that finds guns for us." As the weapons transfer approaches, on May 4, 2007, Dritan Duka expresses concern about the timing of the deal to ensure that the police do not interfere.

	Serdar Tatar - Beretta CX4 Storm Rifle This receipt, dated December 16, 2005, documents Serdar Tatar's purchase of a Beretta CX4 Storm rifle.

	Photographs - Ammunition/Weaponry Ammunition and Smoke Canisters - Recovered from 500 Park Boulevard, Apartment 145B, Cherry Hill, New Jersey (residence of Dritan Duka). Scope - Recovered from 2100 Tremont Street, Apartment C-14, Philadelphia, Pennsylvania (residence of Serdar Tatar). Hearing Protection - Recovered from 2100 Tremont Street, Apartment C-14, Philadelphia, Pennsylvania (residence of Serdar Tatar). Remington Cartridges - Recovered from 2100 Tremont Street, Apartment C-14, Philadelphia, Pennsylvania (residence of Serdar Tatar).

	Procuring a Map of Fort Dix On October 31, 2006, Mahmoud Omar says to Serdar Tatar, “You know I’m leaving in March. I want…this country to pay the price for something they did to me.” Omar continues, “for everybody. For Muslim, wherever they.” Tatar comments, “I’ll give you a [Fort Dix] map.” Tatar offered to provide a map to Mahmoud Omar to help him “make them [Americans] pay.” When Omar asks, “are you with us or are you out?,” Tatar responds, “I live here brother.” Then, on November 9, 2006, Omar asks Tatar, “you get me this think [sic] what I talk to you about before?” Tatar replies, “Oh yes, yes, I got you, don’t worry.” Shortly after that conversation, on November 12, 2006, Tatar states, “I’m in, honestly, I’m in…”” on the Fort Dix plot. On November 14, 2006, Omar tells Tatar, “Okay Serdar just make …sure you can have it for me next week…” Tatar responds, “Yea Insha’ Allah [God willing] we’ll talk against brother.” On November 16, 2006, Omar reminds Tatar, “don’t forget me, for getting Fort Dix to get me this ah map what you talk of.” Tatat replies, “yes brother yes yes yes.” On November 27, 2006, Tatar explains: “I went to my father’s restaurant but there was too many people around so I couldn’t grab it you know I wanted to get it but there was people standing watching…” On November 28, 2006, Omar asks, “Are you gonna give me the maps soon or…?” Tatar replies, “Insha’Allah (God willing) brother, soon.” Omar counters, “You told me that long time ago Serdar.” Tatar responds, “Yea, I know, but I don’t work in my dad’s restaurant no more…I don’t have the keys for the restaurant. I want to get it when nobody sees it.” That same day, Tatar expresses concern that Omar is an FBI agent, but comments, “I’m gonna do it. Whether you are or not [FBI] I’m gonna do it…It doesn’t matter to me, whether I get locked up, arrested, or get taken away, it doesn’t matter. Or I die, doesn’t matter, I’m doing it in the name of Allah.” Later that day, in this recorded conversation, Tatar directs Omar to the location at which he had hidden a map labeled “Cantonment Area Fort Dix, NJ.” Two days later, in this recorded conversation, Omar tells Mohamad Shnewer to thank Tatar for the map. And, on December 29, 2006, Omar, Shnewer, and the Duka brothers (Dritan, Eljvir, and Shain) discuss the map. Omar asks, “do you understand anything from this?” Shnewer replies, “We have to go there for this and see the streets. This is a map, an ordinary one.”

	Jihadist Videos on the Defendants' Computers DOJ filed a response objecting to Mohamed Shnewer's argument that beheading videos found on his laptop should not be admitted into court. This pre-trial filing provided previously undisclosed details about those videos, revealing that one "bears the logo of Al-Qaeda in Iraq" and depicts the beheading of Jasim Muhammad Hussein Mahdi, who admitted fighting with the coalition. The beheadings of Nicholas Berg and Jack Hensley were also found on the computer. Shain and Eljvir Duka's computer contained an Ansar Al-Sunna Army that showed the beheading of two "spies" for the army. The government argued that "The evidence at issue here demonstrates that, in addition to videos of attacks on American soldiers, the defendants actively employed the beheading videos, which were produced by the same entities or aligned entities as those which produced the videos of attacks on soldiers, to further their jihadist-inspired crimes." Further, "the defendants’ downloading, viewing, sharing, and discussions of the beheading videos, accompanied by laughter and taunting, are highly relevant to their state of mind while discussing and plotting the charged crimes, and particularly their intent to commit those crimes." The U.S. government entered into evidence a number of recorded conversations pertaining to the beheading videos. For instance, in a September 25, 2006 conversation Dritan Duka and cooperating witness Besnik "Bakalli discussed the beheading videos. Dritan asked Bakalli if he had seen 'the one with the beheading.' Bakalli replied that he had and asked Dritan why the beheading had occurred. Dritan replied, 'Because [the victims] were spies. . . . Those that work with Americans. Spies, they cut their heads.' When Bakalli told Dritan that he could not sleep after watching the video, Dritan responded that, at first, 'I couldn’t take it. Now I see it and it’s nothing, I do not care. I saw hundreds being beheaded.' Dritan explained that beheading was carried out routinely in Iraq, but admitted that he did not know if he could personally perform a beheading." In a filing attached to this exhibit, DOJ writes that "although Shnewer occasionally railed against Jewish and Christian religious beliefs during the recorded conversations, the most probative remarks are those which demonstrate Shnewer’s and Eljvir Duka’s deep-seated hatred of Zionism, the political movement which espouses that the Jewish people are entitled to their own country in the area of historic Israel, their Biblical homeland. Read in context, Shnewer’s and Eljvir Duka’s anti-Zionist remarks are relevant to prove that at least part of their motivation to commit the charged crimes was their desire to 'avenge' the supposed crimes of Zionism against the Palestinian Arabs. Shnewer is himself a Palestinian Arab." In this conversation, "Shnewer recounted a conversation he supposedly had with a Jewish man who had suggested to Shnewer that Jews and Arabs could live in peace in the Middle East. According to Shnewer, he rebuked that man with charges that the Jews had stolen the Palestinians’ homeland during the 1948 Israeli War of Independence, and had committed atrocities against Arabs, including cutting babies from the wombs of pregnant Arab women." A judge rejected defense efforts to suppress the beheading videos and anti-semitic comments.

	Jihadist Material Found on the Suspects' Computers - Real Player History Files According to the indictment, “It was part of the conspiracy that defendants Mohamad Ibrahim Shnewer, Dritan Duka, Eljvir Duka and Shain Duka acquired, distributed and/or viewed DVDs and videos which depicted violent attacks on United States military personnel, which espoused jihadist propaganda produced by al Qaeda and others, and which attempted to recruit the viewer to engage in armed attacks against the United States government.” Vintage Bin Laden on Jihad An Invitation to Islam - Zawahiri Sahab Interview with Zawahiri Dr. Al-Zawahiri - Hot Issues The_Constants_of_Jihad #1 The_Constants_of_Jihad #2 Azzam-Alameriki As Sahab - Afghan Rockets U.S. Base American Hostage Abu Anas Abu Muawiah Al-Shamalii Aftermath_MSC_APC_Bradley Al Furqan09 Al Furqan_Tank_Mosul_March19, 2007 AQ Badr Brigades AQ Battle Iraqi Guards AQ December AQ Hit Humvee AQ Hit Vehicle AQ Mosul AQ Rocket Attack AQ Vehicle Destroyed AQ_Announcement_On_Zarqawi_Death AQ Attacks Iraqi Guards AQ Blowing Up US Humvee AQ Brad AQ Car Bomb Fallujah AQ Humvee Iraq Youseffiah AQ Martyrdom Tal Afar AQ Rocket Attack US Base AQ Sniper Destruction_Salam_Hotel_Fallujah Execution Captives Harvest_Islamic_State_Iraq Martyrdom 18 April Martyrdom_Operation_American_Convoy MSC IED Attack National Guard. MSC Tank Mosul - February 20, 2006 MSC_Attacks_Iraq MSC_Al-Anfal_Media_ Lions_Of_Fallujah Mujahideen Council Downing Mujahideen_Islamic_State_Iraq_Mosul Ramadi 17 jan The_Mosul_Martyrdom_Operation IHA in Iraq Baghdad Sniper Nov 25 Al-Jaish Al-Islami Destroys a Humvee IAI_Around_The_Clock_Preview_Sept 2006 IAI_Falcon_Base_October 14_2006 JAI_Humvee JAI_IED_Destroys_Flips_US_Tank JAI_Ramadi_Direct_Hit_Humveee JAI_Ramadi_Humvee_October 26, 2006 JAI_Tamayiah_December_2006 JAI Kills US Soldier Jaish Islam Attacks The Green Zone JAI_The one they never expected - July 20, 2005 Juba2 In this April 14, 2006 conversation, Mohamad Shnewer mentions a video tape he has on his laptop that he wants to share with Mahmoud Omar. Then, in an April 28, 2006 conversation, Mohamad Shnewer tells Mahmoud Omar that he is recording "the last will and testament of one of the nineteen" 9/11 hijackers. Shnewer adds that Omar should "watch [it] alone." The men also discuss Zawahiri, Zarqawi, and Bin Laden. The men proceed to watch a jihadist video about "the raids on London" (7/7 bombings). (A business card on which 19 and VTS_01_1 were written was entered into evidence.) In a May 26, 2006 conversation, Mohamad Shnewer and Mahmoud Omar watch a jihadist video. At one point, Shnewer says, "That's the only one that is good...Just blows up a Hummer here..." According to the complaint, on this day, Shnewer instructed Omar to watch the martyrdom video of two 9/11 hijackers, as well as a video containing “images of Osama Bin Laden and other Islamic extremists making various speeches in which the speakers call the viewer to join the jihadist movement.” On August 1, 2006, Mohamad Shnewer and Mahmoud Omar discuss a variety of topics, including Usama Bin Laden, the "Blind Sheikh," Hassan Nasrallah, and the Jews. On August 20, 2006, Shnewer and Omar watch a jihadist video and discuss several topics, including that summer's war between Israel and Hezbollah. In this September 15, 2006 conversation, Dritan Duka asks, "Have you seen the one with the beheading?" On November 3, 2006, Shnewer tells Omar that he “saw the best operation that took place in Iraq” that “was filmed.” The attackers began by “first hurling…snipers at the ones standing at the machines guns. Then, hurling with light machines guns and later with the heavy machine guns.” The men then proceed to watch jihadist videos. On December 29, 2006, Shnewer discusses a hard drive. Watching a video amidst his co-conspirators on February 4, 2007 in Gouldsboro, PA, Dritan Duka says, “You see the American vehicles bro?...Those are all American vehicles getting destroyed. That’s a U.S. Army’s um-arm right there [laughs]…U.S. Marine arm.” He adds, “These guys are believers.” Another associate of Duka’s later warns, “You’re gonna have CIA and FBI all over your frickin family and friends.” In another transcript from that day, Shnewer watches an attack on a U.S. base. The following FBI surveillance video stills were entered into evidence. Mohamad Shnewer watching videos with others on February 4, 2007 at approximately 10:10:06 p.m. Mohamad Shnewer watching videos with others on February 4, 2007 at approximately 10:11:11 p.m. Mohamad Shnewer watching videos with the Duka defendants others on February 4, 2007 at approximately 10:58:37 p.m. Mohamad Shnewer watching videos with the Duka defendants and others on February 4, 2007 at approximately 11:01:56 p.m. Mohamad Shnewer watching videos with the Duka defendants and others on February 4, 2007 at approximately 11:07:06 p.m. And, on February 5, 2007, Shnewer and Omar discuss the Chechen mujahideen. That same day, Shnewer is asked about selling his computer hard drive and responds, "I wouldn’t sell it Bro, I worked hard to put everything in there.” The men at the house in Pennsylvania joke that Shnewer will be going to jail. Then, on February 23, 2007, Eljvir Duka instructs a friend to download an Anwar Aulaqi lecture titled "Constants of Jihad." That same day, Shain Duka describes Aulaqi as "very good", while Eljvir Duka notes that he is "one of the best." "Constants of Jihad" is discussed again on April 12, 2007. A February 2008 Washington Post article notes that U.S. officials "believe that Aulaqi worked with al-Qaeda networks in the Persian Gulf after leaving Northern Virginia" in 2002. A U.S. counterterrorism official told the Post that "there is good reason to believe Anwar Aulaqi has been involved in very serious terrorist activities since leaving the United States, including plotting attacks against America and our allies." On March 23, 2007, the following lyrics can be heard on tape: “Be patient oh mother be patient, the martyrs are not dying, they are alive, waiting for us in heaven. The rifle in your arm, how well it suits you, fighting for my country, fight for Allah [God.”

	Jihadist and Other Material Found on the Suspects' Computers - Images Mujahideen with Flag Mujahideen with Weapon U.S. Troops U.S. Soldier RPG Explosion Bin Laden's Network Knowledge is For Acting Upon (Features Pictures of World Trade Center) Islam Under Attack Handgun Sword #1 Sword #2 Binoculars Night Vision Goggles Mounting Hardware for Nght Vision Goggles Mortar Round #1 Mortar Round #2 Tip to Artillery Round Ballistic Vest Exclusive Interview with Cheryfa Jamal: Wife of “Toronto Seventeen” Suspect The Story of Jus

	Jihadist and Other Material Found on the Suspects' Computers - Articles Islamic State Of Iraq: The Cross Worshippers And Their Henchmen Plans Have Collapsed Islamic State Of Iraq Reports Four Martyrdom Operations In Ramadi; High Casualties Reported Ansar As-Sunnah Reports Heavy American Losses In Violent Battles In Diyala ABC News: New Al Qaeda Video Surfaces

	Surveillance Photos - Computers Mohamad Shnewer Holding a Laptop Computer - May 26, 2006 Mahmoud Omar Holding a Laptop Computer - May 26, 2006

	Training for Jihad To prepare for their assault on Fort Dix, the conspirators repeatedly engaged in tactical and firearms training. On January 3, 2006, Shnewer, Dritan, Eljvir, and Shain Duka, Tatar, Abdullahu and four others conducted firearms training in the Pocono mountains (Gouldsboro, Pennsylvania). The group videotaped this session, in which the men shot “assault weapons at a firing range in a militia-like style while calling for jihad and shouting in Arabic ‘Allah Akbar.’” Shnewer reported that five firearms were used and “each shooter had fired approximately 400 bullets.” (In this December 27, 2006 recorded conversation, Omar and Shnewer discuss the planned trip to Pennsylvania.) Then, in early February 2007, fourteen individuals – including Shnewer, the three indicted Duka brothers, Abdullahu, and Abdullahu’s thirteen and eighteen-year-old brothers – traveled to a rented house at 2717 Eagleview Drive in Gouldsboro. Shain Duka carrying weapon to vehicle on the morning of February 1, 2007 On February 2, 2007, federal agents conducting surveillance watched the Duka brothers train at a firearms range with a 9 millimeter Beretta handgun, a Mossberg 12 gauge pump shotgun, an SKS semi-automatic rifle, and a Beretta Storm semi-automatic rifle. They also noted that Abdullahu was instructing members of the group how to hold the shotgun when shooting it. The following pictures from that February 2, 2007 weapons training session were entered into evidence at the trial. Shain Duka firing a 12 gauge shotgun Dritan Duka firing a 12 gauge shotgun Dritan Duka firing a CX4 Storm semi-automatic rifle #1 Dritan Duka firing a CX4 Storm semi-automatic rifle #2 Eljvir Duka holding a CX4 Storm semi-automatic rifle Eljvir Duka firing a CX4 Storm semi-automatic rifle #1 Eljvir Duka firing a CX4 Storm semi-automatic rifle #2 Shain Duka firing a CX4 Storm semi-automatic rifle Shain Duka firing a 9 mm pistol Eljvir Duka firing a 9 mm pistol Dritan Duka firing a 9 mm pistol Scope and weapons used Examining targets used Three days later, some of the men were recorded discussing “bombs, nitroglycerin, and the explosive C-4.” A February 4, 2007 recorded conversation from that trip was entered into evidence; notably, the transcript also includes the names of attendees. The following pictures from a February 5, 2007 weapons training session were entered into evidence at the trial. Shain Duka firing a 12 gauge shotgun Eljvir Duka firing a 12 gauge shotgun Dritan Duka firing a CX4 Storm semi-automatic rifle Eljvir Duka firing a CX4 Storm semi-automatic rifle Shain Duka firing a CX4 Storm semi-automatic rifle Mohamad Shnewer firing a CX4 Storm semi-automatic rifle Dritan Duka firing a Yugoslavian SKS semiautomatic rifle Red balloon used as a target #1 Red balloon used as a target #2 Green balloon used as a target #1 Green balloon used as a target #2 When introducing the photos of the balloons, prosecutors argued that they were meant to simulate human heads during target practice. The use of the balloons is discussed in this February 2, 2007 recorded conversation and this February 7, 2007 recorded conversation. On February 6, 2007, Eljvir Duka called the police to ask whether, as a New Jersey resident with a New Jersey fire arms license, he was “allowed to bring a gun into Pennsylvania to go to a shooting range.”

	Training for Jihad - Paintball In addition to live fire training, cell members readied themselves for jihad by playing paintball. As Dritan Duka explained prior to a February 26, 2007 paintball exercise with three of his brothers and Mahmoud Omar, “they use this in U.S. Army…It’s how they train you.” In this March 14, 2007 recorded conversation, Shain Duka discusses playing paintball with Mahmoud Omar. The topic is discussed again later the same day. On March 15, 2007, Omar and Dritan Duka play paintball and Omar comments, "it's actually like an army exactly..." On March 23, 2007, Eljvir Duka points out that paintball “gives you…experience.” He notes, “it gives you examples, small example of real life, that in the actual battle. If you have one, for example everyone has to work together in actual battle. Because for example if you don’t work together then you can die easily.” Terrorists have demonstrated a strong affinity for paintball in recent years. For example, throughout 2001, a Northern Virginia-based cell affiliated with Lashkar-e-Taiba regularly played paintball in Spotsylvania County, Virginia. A court ruling in the case notes that the men used “paintball as a vehicle for jihad” and in “preparation for real combat;” further, “to improve their paintball skills, the group asked those with military experience…to lead drills.” Further, the Syed Ahmed indictment alleges that Ahmed, Sadequee, and another individual “engaged in physical and rudimentary training, including activities with paintball guns, in Northwestern Georgia.” Members of the Canadian cell with whom Ahmed/Sadequee had contact trained with paintball guns and live ammunition at a remote woodlands site in Washago, Canada during a ten-day “winter survival” exercise. And, according to the BBC, investigators determined that 7/7 suicide bomber Mohammad Sidique Khan regularly played paintball with a group of radical associates “immediately after watching extremely violent videos depicting Muslim suffering around the world.” Reflecting this trend, the official British government report on the 7/7 bombings states, “Camping, canoeing, white-water rafting, paintballing and other outward bound type activities are of particular interest because they appear common factors for the 7 July bombers and other cells disrupted previously and since…It is worth noting that for some extremist activities – e.g. fighting overseas – physical fitness and resilience are essential. They [such trips] may also be used to help with bonding between members of cells already established, or for more direct indoctrination or operational training and planning.”

	Shnewer and Omar Discuss the Planned Attack In this August 2, 2006 recorded conversation, Mohamad Shnewer tells Mahmoud Omar that "the most important thing for me is your ability to get weapons." Discussing the need for intelligence on the army base, Shnewer says, "need to be very precise." When Omar asks, "can anyone do a suicide mission?", Shnewer responds, "yes." Shnewer tells Omar that "you will be the Emir [prince] on this operation. Because I told you that you have more experience in life, and you have more experience in battles." During the conversation, Omar says, “As far as nine or ten, we must enter…the army base in less than three minutes…And your retreat not be less than two minutes…Three minutes the most…While attacking, there will also be a cover.” Then, in a recorded conversation in early August, Omar says, “This is not children’s talk. This is a project where we get away with for life or enter prison for life or we die and we are done. But we need not be involved with people who at the end and say at the end they [sic] we are not going to be able to do anything….What’s in your mind? Is there anything other than Fort Dix in front of you?” Shnewer replies, “Here, there are plenty of locations.” On August 11, 2006, as the men conduct surveillance on their targets, Shnewer says, “When you asked me if there is anyone who wants to execute a suicide mission, I was going to do it.” Later, Shnewer comments, “This is the area we are looking for. You hit 4 or 5 humvees, six, and light the whole place and retreat completely, I mean without any casualties.” And in another conversation, days later, Shnewer states, “Whatever the operation needs we will do it. If it’s a martyrdom operation, then we will do it.” Urging caution, Shnewer tells Omar “you should be careful…For example, you would notice that you may be under surveillance for a period…For example, do you notice that most cars Americans use for spying are Ford Crown Victoria, Chevy Suburban and Aspen.” He continues, “Wherever you go, if you notice people are behind you, that means, leave the people you are talking to, for example. Leave them. Change your conversation with people. Change your behavior.” At the end of the month, on August 31, 2006, Shnewer and Omar discuss who "is for sure or just talk" in going forward with the attack. On September 3, 2006, Shnewer tells Omar, “we have to go through training. We have to do dry training first.” He adds, “Do you think if you were not professional I would put you in charge of training us?” On September 14, 2006, Shnewer references “the weapons that we are going to get.” And, when Omar asks if Serdar Tatar is "going to be with us," Shnewer responds, "Hundred percent."

	Mohamad Shnewer's Interest in Explosives During a February 4, 2007 conversation with Mahmoud Omar, Mohamad Shewer says, “I wish for, someone who’s expert in explosives, has knowledge about…anything related to explosives. Do you know…anyone who knows about explosives…?” He notes that with such knowledge you could “carry out a spectacular operation…that would kill 200 people.”

	Eljvir Duka: "We need...a Fatwa..." On September 22, 2006, Eljvir Duka says to Mahmoud Omar and Mohamad Shnewer, “So we need to do this and we need like a Fatwa [Edict] from a Sheikh.” When Omar asks “But you trust the Sheikh for the Fatwa [Edict]?”, Duka replies, “We will find one who we can trust.” Later, Shnewer tells Omar, “I have to talk to a Sheikh from a theoretical perspective, you understand how it goes?” On October 13, 2006, Mohamad Shnewer reports: “I spoke with the sheikh, but…the sheikh I asked didn’t me a straight answer, therefore I should and ask another.” On November 14, 2006, Mahmoud Omar asks, “you get anything about the, the Fatwa (Edict)…?” In response, Eljvir Duka states, “No, nothing, nothing.” He adds, “I don’t find anyone to speak about it. I don’t trust anyone.”

	Dritan Duka: "I Want to Go Where They're Fighting" In this July 28, 2006 recorded conversation, Dritan Duka expresses his desire to move his family to Yemen, Egypt, Afghanistan or "somewhere over there" because "over there we fighting..." He adds, "I want to go where they're fighting" and "be with people who believe."

	Dritan Duka: "You Can Do A Lot with Seven People" In this March 10, 2007 recorded conversation, Dritan Duka exclaims, “I’m ready!” He notes, “seven are a lot, you can do a lot with seven people.” Shain chimes in, if nothing else at least we have to send money.”

	Mohamad Shnewer's Hatred for Shiites During a February 4, 2007 conversation with Mahmoud Omar, Mohamad Shewer is asked “who the people running the government in Iraq now? The Sunni or the Shiite?” Shnewer responds, “All hateful Shiite’s, damn them. They created a rift as soon as we got there. They are in collusion with the American invasion.” Later, he says, “the first Shiite was a Jew, he disguised himself as a Muslim. The first thing he did is gathering people around him sycophants.”

	Eljvir Duka: "Bin Laden is a Strong Leader" During a February 7, 2007 conversation, Duka Duka says, “Bin Laden is a strong leader…he is a billionaire himself…He left all of it for Islam…He is a person who has acted.” Dritan Duka chimes in, “Having all that money and he goes and lives in caves to fight!” Eljvir continues, “He’s the real Iman.”

	Serdar Tatar: "Do It from [the] Inside" In a November 28, 2006 conversation with Mahmoud Omar, Serdar Tatar says, “sometimes war is not the only way…you could do it from [the] inside.” He continues, “The reason why I wanted to become a police officer…to have…something with the surroundings.” He adds, “You move up. You have inside information. You have so many things, like that guy Omar, the Lieutenant, the Captain from Egypt…He was an FBI agent in the United States.” They identify the man as "Mohamed Ali." As the 9/11 Commission Report notes, "Ali Mohamed, a former Egyptian army officer who had moved to the United States in the mid-1980s, enlisted in the U.S.Army, and became an instructor at Fort Bragg. He had provided guidance and training to extremists at the Farouq mosque in Brooklyn, including some who were subsequently convicted in the February 1993 attack on the World Trade Center." He also worked closely with Al-Qaida and led a team of operatives casing targets in Africa, which were eventually bombed in 1998. Notably, in this February 8, 2007 conversation with the Duka brothers, Hekuran Abdullahu suggests that they “train with the American army…learn all the tactics…and then turn on them.” And, in a March 10, 2007 conversation, referenced in court documents, Shain Duka told an FBI informant that Serdar Tatar "wanted to join the U.S. Army so that he could kill U.S. soldiers from the ‘inside.’” Further, according to media reports, Tatar first applied to become a police officer (at an undisclosed time) in Oakland, California. Then, on April 10, 2007, he applied to the Philadelphia police department. (In this February 6, 2007 conversation, it is mentioned that Tatar "wants to start as a cop...") (In this February 6, 2007 conversation, the Duka brothers reveal their disdain for the police. Dritan said, “They chased me with a gun once, two police men one day…I went to punch that cop…then another came out ‘get the f%ck down, now.’” He added, “I don’t give a f%ck! They’re human too!” And Shain remarked, “I tell you that day when I fought with that cop, Besnik, if you seen the cop I beat up, you would tell me, ‘no way you beat him up, no!’”

	Eljvir Duka: "Muslims Should Stand Up Against Oppression for Everyone" In an August 25, 2006 conversation, Eljvir Duka remarks, “This is a Jihad [holy struggle] this is a legitimate Jihad [holy struggle] this is the Jihad [holy struggle], which we being oppressed and we’re resisting that oppression now. Do you understand and anybody who can, should go, should join and help it any way, because people are being wronged, whether in Palestine, or in Iraq…or…in Afghanistan…Muslims should stand up against oppression for everyone.”

	Shain Duka: "If You Don't Fight...It's Possible...You Lose Your Religion" In this February 1, 2007 conversation, Shain Duka says, “If you don’t fight, then it’s possible that you lose your religion.” Dritan chimes in, “It’s an obligation.” Earlier in the chat, Shain complained that “in the beginning you know what they were saying on the news about Albanians?...Albanians are terrorists.” Dritan later commented, “America goes there shooting Muslims and with their bombs and everything and if you don’t support them then you’re considered a terrorist. If I shoot someone that enters my home where my family is, does that make me a terrorist?”

	Eljvir Duka: "You are Permitted to Lie in War" In a February 5, 2007 conversation during their Pennsylvania "retreat," Eljvir Duka explains that “in Islam…you are permitted to lie in war…Why? So you don’t give yourself up.” At another point in the discussion, Dritan Duka comments, “in order to spread your way you have to fight, so Islam, Islami is not going to war, just to take over the world. Taking over the…you are are going to war [to] put Allah’s laws on the earth.”

	Dritan Duka: "The Person Who Doesn't Keep His Word Needs to be Killed" On December 22, 2006, Dritan Duka says, “Have you seen how Americans lie to you, as if it’s nothing?...The person who doesn’t keep his word needs to be killed, you don’t want to see that person again.”

	Dritan Duka's Thoughts on 9/11 In this September 15, 2006 conversation, Dritan Duka comments, "They didn’t even kill civilian. They told them two two weeks before…that they are going to hit in America. And the Americans knew that they are going to [unintelligible] those buildings…Because two hours before there were police officers and the military at the World Trade Center, and they thought that somebody was going to use a car, they did not know that they had taken planes. They hit the Pentagon. They then, whoever they hit it doesn’t matter. It’s a military target.”

	Dritan Duka: Americans "Aren't Anything" In this Septembers 29, 2006 conversation, Dritan Duka reports that, on the news, “the American military said…straight forward that we can’t win with Al Qaeda.” He adds, “The Mujahideens [Holy warrior] are very strong for us.” When an FBI informant, Besnik Bakalli, says “Run away then you mother f%ckers,” Dritan replies, “That’s right, the Mujahideens [Holy warrior] defeated the Russian, let alone America[ns] that aren’t anything.”

	The Duka Brothers: Thoughts on Suicide Bombings In this February 3, 2007 conversation, several men discuss the permissibility of suicide bombings. Shain Duka asks, “where does it say in the Koran that you can’t do suicide bombs?...Where in the Koran does it say that?” He continues, “My thinking, my thinking suicide bombing, not suicide, suicide!” Later, he says, “And then…militarily, we don’t have the weapons they have!...We don’t have the weapons they have!” He adds, “how you gonna fight em then? How you gonna fight em? That’s a tactic.” Nonetheless, Shain argues that suicide bombings on buses are “wrong” because they target civilians, rather than the military. Similarly, he acknowledges, “the ones that they do in Palestine, I’m not for that because what’s suicide bombings do they do? In the middle of the bazaar to blow yourself up!” Dritan Duka remarks, “The Middle East, they have nuts to blow themselves [up]. Us, talk no matter how crazy we are, we’re too [laughing] scared to blow ourself up.” He does believe that suicide bombers “go to Jannah [Paradise].”

	Eljvir Duka: Thoughts on Jihad On March 30, 2007, Eljvir Duka says, “when they speak about Jihad...people have forgotten about this thing in religion…And people are afraid, because of spying…when the chance comes by to raise the arms, you have to know that it is in religion, Jihad.”

	Dritan Duka: Thoughts on Jihad In this March 9, 2007 conversation, Dritan Duka explains that “it’s all the same, those who give money or fight…” He further notes that “every person that gave money for weapons and bullets [UI] for example. It’s a good deed…when there’s money and when your [sic] [UI] [UI] for example food, that’s jihad too and it is the highest form of Janneh [Paradise]…”

	Mohamad Shnewer Considered Assassinating President Bush This document challe