Terrorism suspect’s rearraignment may lead to a guilty plea on ISIS ties
Defendant’s brother thinks he may not know what to do, ‘doesn’t understand what’s happening’
Family members in Houston were shocked to hear Tuesday that Omar Faraj Saeed Al Hardan might plead guilty Wednesday to supporting an Islamic terrorist group.
The defendant’s older brother, Saeed Al Hardan — who translates for the family — said he first learned of the abrupt turn of events when a reporter called to ask for his reaction. The defendant’s wife, who speaks little English, told her brother-in-law although she’d spoken with his attorney on Monday, she did not understand that her husband might change his plea to guilty.
In the worst-case scenario, the brother said, he believed it was possible Al Hardan did not know what to do and “doesn’t understand what’s happening.”
Angela Dodge, spokeswoman for the U.S. Attorney’s Office in the Southern District of Texas, would not say whether a new plea was
imminent at the Wednesday hearing but she conceded that, generally speaking, the sole reason a defendant requests a rearraignment is to change a plea from not guilty to guilty.
Al Hardan, 24, an Iraqiborn Palestinian, immigrated to the Houston area as a teenager. At the time of his arrest, he was living with his parents, his wife and the couple’s 10-monthold baby.
Al Hardan was indicted in January on allegations he was attempting to provide material support to the Islamic State of Iraq and the Levant, a designated foreign terrorist organization.
A Homeland Security investigator testified that Al Hardan planned to plant bombs in local malls and detonate them with a cellphone. He was also charged with making false statements and unlawfully attempting to become a U.S. citizen.
Saeed has been in touch with his brother at the federal detention facility and when they spoke Saturday, Al Hardan did not mention any new developments in his case.
Saeed said in his view Al Hardan’s court appointed defense lawyer, David Adler, had not engaged too much with his Arabicspeaking family members due to the language barrier.
Adler did not respond to calls and emails seeking comment.
Overall, the defendant’s brother said, family members also felt marginalized because they do not understand the American legal system.
‘Emotions run high’
One factor in this a plea change, should it occur, could be timing. A Spring man charged in an unrelated federal case with providing material support to ISIS asked a judge to postpone his trial until after the November election because of the heightened anti-Muslim rhetoric in the public sphere. The case was bumped to December.
But terrorism cases have been tougher to defend since the Sept. 11 attacks, according Philip Hilder, a former federal prosecutor who now represents white collar defendants.
“In this environment, representing an accused terrorist is extremely difficult because emotions run high. I think people are rightfully anxious. There is heightened concern and heightened awareness for these types of cases throughout the country,” Hilder said.
For a defendant who intended to have a jury trial — as records indicate Al Hardan did — prosecutors sometimes offer some concession in exchange for a plea.
They may dismiss some charges or ask the judge issue a reduced sentence.
In striking a plea deal, prosecutors may, in turn, ask for a defendant’s cooperation with their investigation, Hilder said. “The stakes are high in a terrorism investigation because there could be others involved that the government doesn’t know about.”
A special agent with Homeland Security Investigations testified in January that Al Hardan had told an informant he envisioned taking a fully assembled explosive device inside a shopping center, hiding it in a trash can and detonating the device from another location. The informant said Al Hardan sought to emulate the Boston Marathon bombers, executing this plan at two local malls. Al Hardan was not formally accused in connection with any specific plan or attack.
Separated from parents
His arrest occurred Jan. 7, the day Al Hardan and his parents were to complete their naturalization interviews. When they arrived at the interview, however, Al Hardan was separated from his parents.
In a search warrant executed that day at the family’s apartment, FBI agents seized 12 cellphones, three laptops and two tablets as well as electronic components, a wire stripper crimper, soldering equipment, a bag of fireworks, firecrackers, black glasses with a hidden camera and an ISIS flag.
“In this environment, representing an accused terrorist is extremely difficult because emotions run high. I think people are rightfully anxious. There is heightened concern and heightened awareness for these types of cases throughout the country.” Philip Hilder, former prosecutor