nationalsecuritylaw DEADLINE Feb. 1: The 5th Annual National Security Law Faculty Workshop

January 29, 2012

A final reminder: February 1st is the deadline for letting us know if you would like to present at or just attend the 5th Annual National Security Law Faculty Workshop. See below, or the attached.

From: Robert Chesney [mailto:rchesney@law.utexas.edu]
Sent: Thursday, November 17, 2011 3:54 PM
To: nationalsecuritylaw@utlists.utexas.edu
Subject: [nationalsecuritylaw] save the date/call for papers: The 5th Annual National Security Law Faculty Workshop

Please pass this along to anyone whom you think would be interested! I hope to see many of you in Texas in the spring in connection with this event….

THE 5th ANNUAL

NATIONAL SECURITY LAW FACULTY WORKSHOP

May 17-18, 2012

Houston, TX

Hosted by:

The University of Texas School of Law (Prof. Robert Chesney, co-host)

The South Texas College of Law (Prof. Geoff Corn, co-host)

The Judge Advocate General’s Legal Center and School (U.S. Army)

The International Committee of the Red Cross

Announcement for 5th annual workshop 2012.doc


nationalsecuritylaw United States v. Martinez (D. Maryland Jan. 26, 2012) (guilty plea)

January 29, 2012

And here’s another one, also from last week. Again, press release excerpts below (and this time the plea agreement is attached)

BALTIMORE – Antonio Martinez, aka Muhammad Hussain, 22, of Baltimore, a U.S. citizen, pleaded guilty today to attempted use of a weapon of mass destruction against federal property in connection with a scheme to attack an armed forces recruiting station in Catonsville, Md. Martinez was arrested on Dec. 8, 2010, after he attempted to detonate what he believed to be explosives at the armed forces recruiting station.

According to his plea agreement, on Oct. 22, 2010, Martinez raised the subject of attacking military targets with an FBI confidential source (CS). During the recorded conversations that followed between Martinez, the CS and later, an FBI undercover agent, Martinez identified his target — an armed forces recruiting station in Catonsville — and spoke about his anger toward America, his belief that Muslims were being unjustly targeted and killed by the American military and his desire to commit jihad to send a message that American soldiers would be killed unless the country stopped its “war” against Islam.

Martinez attempted to recruit a number of people to join in the operation, including an individual whom he said had the ability to obtain weapons. All of them declined, and one of them expressly attempted to dissuade Martinez from committing jihad. Thereafter, Martinez agreed to meet the source’s “Afghani brother,” an undercover FBI agent (UC), whom the CS represented would be interested in assisting in the operation.

According to the statement of facts, both prior to, and during the course of the investigation, Martinez articulated his militant beliefs in postings on his public Facebook page and in two Facebook chats with the CS.

According to the plea agreement, Martinez first met the UC on Nov. 16, 2010, and advised the UC that he wanted jihadist activities to be his “profession.” Throughout the course of the investigation, Martinez repeatedly expressed his desire to go forward with the attack. Martinez admitted that on Dec. 8, 2010, he met the CS to drive to a public parking lot near the recruiting center. On the way, Martinez had the CS tape him on a camcorder and a statement that he would continue to fight against the oppressors until those who waged war with Islam stopped their actions. Martinez subsequently attempted to detonate an explosive device at the armed forces recruiting station. Martinez admitted that the bomb was intended to kill military service members who worked in the building. As set forth in court documents, agents investigating Martinez ensured that the bomb was inert and no danger was presented to the public.

If the court accepts the plea, Martinez will be sentenced to 25 years in prison, which the government and the defendant have agreed is the appropriate disposition of the case. U.S. District Judge J. Frederick Motz has scheduled sentencing for April 6, 2012, at 9:00 a.m.

MartinezAntonioPlea-signed.pdf


nationalsecuritylaw United States v. Melaku (E.D. Va. Jan. 26, 2012) (guilty plea)

January 29, 2012

From the government’s press release (see also attached statement of facts from the plea agreement)

ALEXANDRIA, Va. – Yonathan Melaku, 23, of Alexandria, Va., pleaded guilty today to damaging property and firearms violations involving five separate shootings at military installations in northern Virginia between October and November 2010 and attempting to injure veterans’ memorials at Arlington National Cemetery.

Melaku pleaded guilty to a three-count information that included injuring property of the United States, use of a firearm during a crime of violence and attempted injury to veterans’ memorials on U.S. property. The defense and government jointly recommended in the plea agreement a sentence of 25 years in prison. He will be formally sentenced on April 27, 2012.

According to the statement of facts filed with his plea agreement, Melaku admitted that he carried out a series of five shootings from Oct. 17, 2010, through Nov. 2, 2010, at the following locations: the National Museum of the Marine Corps (twice), the Pentagon, a Marine Corps recruiting sub-station in Chantilly, Va., and a U.S. Coast Guard recruiting office in Woodbridge, Va. Each shooting took place late at night or early in the morning and involved multiple 9mm rounds fired at each building. The cost for repairs at the facilities exceeded $100,000.

Melaku admitted today that during the second shooting at the National Museum of the Marine Corps, he set up a video camera within the interior of his vehicle to record the shooting incident. The video shows Melaku repeatedly firing a handgun out the passenger-side window, and he narrates the incident on the video and states, among other things: That’s my target. That’s the military building. It’s going to be attacked” and at the conclusion of multiple shots exclaiming “Allahu Akbar” repeatedly.

In his statement of facts, Melaku stated that he attempted to flee law enforcement after being spotted on the property of Ft. Myer in Arlington, Va., at approximately 1:30 a.m. on June 17, 2011. During the pursuit, he dropped a backpack that contained numerous spent 9mm shell casings; four bags containing ammonium nitrate, and a spiral notebook with numerous Arabic statements referencing the Taliban, al Qaeda, Osama bin Laden, “The Path to Jihad,” as well as a list of several other individuals associated with foreign terrorist organizations.

Melaku admitted that, at the time of his apprehension, he was attempting to enter the area of Arlington National Cemetery containing graves of deceased Iraq and Afghanistan war veterans, intending to desecrate and injure the grave markers by spray-painting the markers with Arabic statements and by leaving the ammonium nitrate he was carrying at the sites of the grave markers.

On June 17, 2011, during a search of his residence, FBI search teams found Melaku had stored within the bedroom closet of his residence a typed list titled “Timer” that included nine items that Melaku admitted are consistent with what would be required to construct the firing mechanism for an explosive device. Four of those items had been crossed through.

Melaku Statement of Facts.pdf