State of Hawaii v. Trump

Filing 198

MEMORANDUM re 65 MOTION for Temporary Restraining Order [MUSLIM ADVOCATES, AMERICAN MUSLIM HEALTH PROFESSIONALS, MUPPIES, INC., THE NATIONAL ARAB AMERICAN MEDICAL ASSOCIATION, AND NETWORK OF ARAB-AMERICAN PROFESSIONALS' BRIEF OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER], filed by American Muslim Health Professionals, Muppies, Inc., Muslim Advocates, Network of Arab-American Professionals, The National Arab American Medical Association. (Attachments: # 1 Declaration of Anton A. Ware, # 2 Exhibit 1 - Shutdown Press Release, # 3 Exhibit 2 - Anderson Cooper Interview, # 4 Exhibit 3 - State Rudy Guiliani, # 5 Exhibit 4 - Miller on Fox News, # 6 Exhibit 5 - WaPo Kansas Suspect, # 7 Exhibit 6 - Seattle Kent, # 8 Exhibit 7 - Fire store owner, # 9 Exhibit 8 - WaPo pipe attack, # 10 Exhibit 9 - Spate of mosque fires stretches across the country, # 11 Exhibit 10 - Politico absolute no choice but to close down mosques, # 12 Exhibit 11 - Georgetown Bridge Initiative Trump Cites Flowed Poll, # 13 Exhibit 12 - Republican Candidates Debate in North Charleston, South Carolina, # 14 Exhibit 13 - Transcript Donald Trump's national security speech, # 15 Exhibit 14 - 60 Minutes Trranscript, # 16 Exhibit 15 - Meet the Press, # 17 Exhibit 16 - Presidential Candidates Debates, # 18 Exhibit 17 - Christian Broadcasting Network, # 19 Exhibit 18 - Donald Trump on Twitter defends Muslim ban, calls work a 'horrible mess', # 20 Exhibit 19 - Pew Reseach Center 2016 Refugees, # 21 Exhibit 20 - DJT Tweet, # 22 Exhibit 21 - So called judge tweet, # 23 Exhibit 22 - See you in court tweet, # 24 Exhibit 23 - Sean Spicer press conference, # 25 Exhibit 24 - Stephen Miller key engineer, # 26 Exhibit 25 - Stephen Miller Islamofascism, # 27 Exhibit 26 - Pew Forum, # 28 Exhibit 27 - State Dept Country Report, # 29 Exhibit 28 - DHS, # 30 Exhibit 29 - DOJ Iraqi Kentucky, # 31 Exhibit 30 - Cato, # 32 Exhibit 31 - Lawfare, # 33 Exhibit 32 - Brennan Center, # 34 Exhibit 33 - Letter Former Officials on March 6 EO, # 35 Exhibit 34 - Trump delays new travel ban after well-reviewed speech - CNN Politics, # 36 Exhibit 35 - Families hoping to make the U.S., # 37 Exhibit 36 - Trump Muslim ban is tearing apart families, # 38 Exhibit 37 - Children and Refugees Who Planned Medical Care in the US Stuck After Trump Executive Order - Health News - ABC News Radio, # 39 Exhibit 38 - Trump's Travel Ban, Aimed at Terrorists, Has Blocked Doctors - The New York Times, # 40 Certificate of Service)(Kacprowski, Nickolas) Modified on docket title text on 3/14/2017 (ecs, ).

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3/13/2017

Former Iraqi Terrorists Living in Kentucky Sentenced for Terrorist Activities | OPA | Department of Justice

JUSTICE NEWS
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE

Tuesday, January 29, 2013

Former Iraqi Terrorists Living in Kentucky Sentenced for Terrorist Activities
Defendants Attempted to Ship Weapons and Money from U.S. to Iraqi Insurgents Defendants Admitted
to Extensive Terrorist Activities Against U.S. Soldiers in Iraq
Two Iraqi citizens living in Bowling Green, Ky., who admitted using improvised explosive devices (IEDs) against U.S.
soldiers in Iraq and who attempted to send weapons and money to Al-Qaeda in Iraq (AQI) for the purpose of killing
U.S. soldiers, were sentenced today to serve federal prison terms by Senior Judge Thomas B. Russell in U.S. District
Court for the Western District of Kentucky.
The sentences was announced Lisa Monaco, Assistant Attorney General for National Security; David J. Hale, U.S.
Attorney for the Western District of Kentucky; and Perrye K. Turner, Special Agent in Charge of the FBI Louisville
Division.
Mohanad Shareef Hammadi, 25, a former resident of Iraq, was sentenced to life in federal prison, and Waad Ramadan
Alwan, 31, a former resident of Iraq, was sentenced to 40 years in federal prison, followed by a life term of supervised
release. Both defendants had pleaded guilty to federal terrorism charges.
“These two former Iraqi insurgents participated in terrorist activities overseas and attempted to continue providing
material support to terrorists while they lived here in the United States. With today’s sentences, both men are being
held accountable,” said Assistant Attorney General Monaco. “I thank the dedicated professionals in the law
enforcement and intelligence communities who were responsible for this successful outcome.”
“These are experienced terrorists who willingly and enthusiastically participated in what they believed were insurgent
support operations designed to harm American soldiers in Iraq,” stated U.S. Attorney Hale. “The serious crimes of both
men merit lengthy punishment, and only the value of Alwan’s immediate and extensive cooperation with law
enforcement justifies our recommendation of a reduced sentence for him. Bringing these men to justice is the result
of a comprehensive law enforcement effort. The FBI agents of the Louisville Division, along with the federal and local
law enforcement members of the Joint Terrorism Task Forces here in Kentucky, including the Bowling Green Police
Department, and our many other partners, are to be commended.”
“Protecting the United States from terrorist attacks remains the FBI's top priority,” said FBI Special Agent in Charge
Turner. “Using our growing suite of investigative and intelligence capabilities, FBI agents and analysts assigned to our
Bowling Green office were able to neutralize a potential threat. Our local Joint Terrorism Task Force, comprised of FBI
Agents and other local, state and federal agencies from across the Commonwealth, remains committed to dismantling
extremist networks and cutting off financing and other forms of support provided by terrorist sympathizers, whether
they are operating in Kentucky or worldwide.”
“Today, the sentencing of Alwan and Hammadi represents the culmination of the extensive, effective and focused
efforts of the U.S. Attorney's Office and the Kentucky Division of the FBI for their roles in the investigation and
prosecution of these would-be terrorists. I want to thank U.S. Attorney David Hale, the Kentucky Division of the FBI
and the members of the FBI Bowling Green local office for their individual and collective efforts in bringing Alwan and
Hammadi to justice for their crimes against the people of Kentucky and the United States,” stated Chief Doug
Hawkins, Bowling Green Police Department.
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Former Iraqi Terrorists Living in Kentucky Sentenced for Terrorist Activities | OPA | Department of Justice

Alwan, whose fingerprints were found on an unexploded IED found in Iraq, pleaded guilty earlier in the case on Dec.
16, 2011, to all counts of a 23-count federal indictment. He pleaded guilty to conspiring to kill U.S. nationals abroad;
conspiring to use a weapon of mass destruction (explosives) against U.S. nationals abroad; distributing information on
the manufacture and use of IEDs; attempting to provide material support to terrorists and to AQI and conspiring to
transfer, possess and export Stinger missiles.
Hammadi pleaded guilty on Aug. 21, 2012, to a 12-count superseding indictment. Charges against him included
attempting to provide material support to terrorists and to AQI; conspiring to transfer, possess and export Stinger
missiles; and making a false statement in an immigration application. At today’s sentencing, at the request of the
United States, Alwan received a reduced sentence due to his cooperation with federal law enforcement. The United
States asked for no reduction of Hammadi’s sentence.
According to information presented by the United States in connection with today’s sentencings, Hammadi and Alwan
both admitted, in FBI interviews that followed waiver of their Miranda rights, to participation in the purported material
support operations in Kentucky, and both provided the FBI details of their prior involvement in insurgent activities while
living in Iraq. Both men believed their activities in Kentucky were supporting AQI. Alwan admitted participating in IED
attacks against U.S. soldiers in Iraq, and Hammadi admitted to participating in 10 to 11 IED attacks as well as
shooting at a U.S. soldier in an observation tower.
Court documents filed in this case reveal that the Bowling Green office of the FBI’s Louisville Division initiated an
investigation of Alwan in which they used a confidential human source (CHS). The CHS met with Alwan and recorded
their meetings and conversations beginning in August 2010. The CHS represented to Alwan that he was working with
a group to ship money and weapons to Mujahadeen in Iraq. From September 2010 through May 2011, Alwan
participated in ten separate operations to send weapons and money that he believed were destined for terrorists in
Iraq. Between October 2010 and January 2011, Alwan drew diagrams of multiple types of IEDs and instructed the
CHS how to make them. In January 2011, Alwan recruited Hammadi, a fellow Iraqi national living in Bowling Green, to
assist in these material support operations. Beginning in January 2011 and continuing until his arrest in late May
2011, Hammadi participated with Alwan in helping load money and weapons that he believed were destined for
terrorists in Iraq.
Documents filed by the United States describe in detail the material support activities of the men in Bowling Green.
Without Hammadi present, Alwan loaded money and weapons he believed were being sent to Iraq on five occasions
from September 2010 through February 2011, handling five rocket-propelled grenade launchers, five machine guns,
two sniper rifles, two cases of C4 explosive and what he believed to be $375,000. After Hammadi joined Alwan in
January 2011, the two men loaded money and weapons together on five occasions from January to May 2011.
Together, on these five occasions, they loaded five rocket-propelled grenade launchers, five machine guns, five cases
of C4 explosive, two sniper rifles, one box of 12 hand grenades, two Stinger surface-to-air missile launchers and what
they believed to be a total of $565,000. Alwan and Hammadi were recorded by video during these operations.
In speaking with the CHS, Alwan spoke of his efforts to kill U.S. soldiers in Iraq, stating “lunch and dinner would be an
American.” Hammadi told the CHS that he had experience in Iraq with “Strelas” (a Russian made, portable, shoulderfired surface-to-air missile launcher) and discussed shipping “Strelas” in future operations.
According to the charging documents, Hammadi entered the United States in July 2009, and, after first residing in Las
Vegas, moved to Bowling Green. Hammadi and Alwan were arrested on May 25, 2011, in Bowling Green on criminal
complaints. Both defendants were closely monitored by federal law enforcement authorities in the months leading up
to their arrests. Neither was charged with plotting attacks within the United States. All of the weapons, including
Stinger missiles, had been rendered inert before being handled by Hammadi and Alwan. The weapons and money
handled by the men in the United States were never provided to AQI, but instead were carefully controlled by law
enforcement as part of the undercover operation.
This case was investigated by the Louisville Division of the FBI. Assisting in the investigation were members of the
Louisville and Lexington Joint Terrorism Task Forces, U.S. Immigration and Customs Enforcement, U.S. Marshals
Service, U.S. Department of Defense, U.S. Citizenship and Immigration Services and the Bowling Green Police
Department.
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Former Iraqi Terrorists Living in Kentucky Sentenced for Terrorist Activities | OPA | Department of Justice

The prosecution was handled by Assistant U.S. Attorneys Michael Bennett and Bryan Calhoun from the U.S.
Attorney’s Office for the Western District of Kentucky and Trial Attorney Larry Schneider from the Counterterrorism
Section of the Justice Department’s National Security Division.
13-122
National Security Division (NSD)
Updated September 15, 2014

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