A week ago I posted on al-Jayab’s arrest, including the criminal complaint making a false statement charge. There is now an indictment, and despite my prediction of a material support charge there is still just a false statement charge. Looking over the allegations, it’s clear the government is alleging he provided material support to a terrorist organization…it is possible, of course, that the entity in question was not at that time on the State Department’s DFTO (Designated Foreign Terrorist Organization) list, thus precluding a 2339B charge. At any rate, I’ve attached the new indictment, and the press release is below:
CALIFORNIA MAN INDICTED FOR TERRORISM OFFENSE
WASHINGTON – A grand jury in Sacramento, California, returned an indictment today charging Aws Mohammed Younis Al-Jayab, 23, of Sacramento, with one count of making a false statement involving international terrorism, Assistant Attorney General for National Security John P. Carlin and U.S. Attorney Benjamin B. Wagner of the Eastern District of California announced.
Al-Jayab is in custody and is scheduled for arraignment on Jan. 22, 2016, at 2:00 PM PST before U.S. Magistrate Judge Kendall J. Newman of the Eastern District of California. He was arrested by criminal complaint on Jan. 7, 2016.
According to the indictment, on Oct. 6, 2014, Al-Jayab was interviewed by U.S. Citizenship and Immigration Services and indicated that he had not ever: been a member of any rebel group or militia; provided material support for any person or group engaged in terrorist activity; and been a member of a group, or assisted in a group, which used or threatened the use of weapons against others. Al-Jayab also allegedly stated during the interview that he had traveled to Turkey in late 2013 and early 2014 to visit his grandmother. The indictment alleges that all of the aforementioned statements are false.
If convicted, Al-Jayab faces a maximum statutory penalty of eight years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the federal sentencing guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the FBI and the Sacramento Joint Terrorism Task Force (JTTF). The case is being prosecuted by Assistant U.S. Attorney Jill Thomas of the Eastern District of California and Trial Attorney Andrew Sigler of the National Security Division’s Counterterrorism Section. The investigation is ongoing.