Iman Ahmad Wais Afzali, an Afgan who grew up in this country and is lawfully present in the U.S., and who cooperated with the NYPD in the investigation into Najibullah Zazi, was sentenced today in federal court in Brooklyn to time served, and given 90 days to self-deport.

The question remains: Did the FBI blow its investigation by its clumsy car stop of Zazi as he was driving into New York on September 10? The Government denies it, Afzali, in his sentencing memorandum and a letter to the court (both available on PACER) insists it is true. [More...]

Attorney General Eric Holder testified today before the Senate Judiciary Committee. He said no final decision has been made on where to try the 9/11 detainees. They have not ruled out New York and a decision is weeks away.

As to closing Guantanamo, Holder said it's still on the agenda but the plan cannot move forward until Congress approves funding to purchase Thomson Correctional Center in Illinois.

Here is Holder's opening statement. He also addressed the powder-cocaine disparity and confirmation lag for nominated U.S. Attorneys: [More...]

Colleen LaRose, aka "Jihad Jane" and Jamie Paulin Ramirez were indicted yesterday in the Eastern District of Pennsylvania. The indictment is here.

Both are charged with conspiring to provide material support to terrorists and conspiracy to kill in a foreign country. LaRose is also charged with making false statements to federal officials and attempted identity theft. [More...]

The Department of Justice has sent a new report (pdf) about the number of terrorism-related convictions in federal courts to Senators Leahy and Sessions. It indicates that there have been more than 400 successfully completed terrorism-related cases since 9/11. The official title is: "National Security Division Statistics on Unsealed International Terrorism and Terrorism-Related Convictions 9/11/01 - 3/18/10."

(hat tip ACLU.)

There's a really unfortunate report in the Wall St. Journal saying the ink is almost dry on a deal to try the 9/11 suspects in military commission trials rather than federal criminal courts.

Under the deal, spurred by (of course) Lindsey Graham and Rahm Emanuel, and White House counsel Robert Bauer, 48 Guantanamo detainees would be held indefinitely without charges. And,

Mr. Graham wants civilian courts to be reserved for low-level Al Qaeda operatives and terrorist financiers, a far smaller group than previously considered.

White House and Democratic aides in the Senate said what they called an opening "proffer" from Sen. Graham won't be the final outcome. But the broad framework of a deal is done. "We're now at the 'getting serious' stage," said one senior Democratic Senate aide.

[More...]

David Coleman Headley, aka Daood Gilani, pleaded guilty today in a Chicago federal court to all 12 counts of the Indictment against him. He admitted conducting surveillance for the 2008 Mumbai attacks and plotting to attack a Danish newspaper, and providing material assistance to a terror organization, Lashkar e Tayyiba. Six Americans were killed in the Mumbai attacks.

Headley's benefit? The death penalty is off the table. He now faces up to life imprisonment, but could get less. According to U.S. Attorney Patrick Fitzgerald's press release, Headley won't be sentenced until his cooperation is complete, and the Government expects to seek a reduction from the guidelines for his cooperation.

Headley pleaded guilty to conspiracy to bomb public places in India; conspiracy to murder and maim persons in India; six counts of aiding and abetting the murder of U.S. citizens in India; conspiracy to provide material support to terrorism in India; conspiracy to murder and maim persons in Denmark; conspiracy to provide material support to terrorism in Denmark; and conspiracy to provide material support to Lashkar.

[More...]

Attorney General Eric Holder today testified before a House Appropriations subcommittee. He defended the Administration's decision to try the 9/11 defendants in a federal criminal court rather than a military tribunal.

Holder defended criminal trials as a successful method for prosecuting terrorism suspects, noting that security at past trials has been tight with no incidents and they make it easier to get guilty pleas from suspects.

"They are tested ... they are secure, we have tried these cases in a safe manner," Holder told a House Appropriations subcommittee. "Our allies around the world support us in bringing these cases in (criminal) courts."

Does that mean the Administration will stick to its guns? A decision is weeks, but not months, away Holder said. Holder also said we'll never capture Bin Laden alive. I think he's right on that one. That train left the station years ago, courtesy of the Bush Administration.

Daood Gilani, aka David Coleman Headley, charged in Chicago with assisting in the Mumbai attacks and in plotting an attack on the Danish newspaper that published cartoons critical of the Prophet Mohammed, will plead guilty on Thursday.

He's been cooperating. The plea details aren't available. Will he get less than a life sentence when 8 Americans were killed in the Mumbai attacks? Stay tuned.

Our prior coverage of Headley, including his days as a DEA informant and his potential double agent status, is assembled here.

The ACLU has an ad in today's New York Times, asking President Obama, "What will it be, change or more of the same?". You can view it here.

Shorter version: Keep your promises, Mr. President. Try the 9/11 suspects in federal criminal court.

Remind the world that American stands for due process, justice and the rule of law.

There's still time to weigh in. You can send the President a message here. Obama needs to listen. For many of us, this could be his "pink slip" moment.

The Washington Post reports President Obama's advisers are ready to kow-tow to Republicans and reverse course on the 9/11 defendants, recommending trials by military commissions instead of in federal criminal courts.

The recommendation follows Obama's advisers' negotiations with Republican Senator Lindsay Graham

New York Imam, Ahmad Wais Afzali, who told Najibullah Zazi's father the police had inquired about his son, pleaded guilty today to making a false statement to the FBI. There is no terror component to the charge. He faces up to six months, but the Government is not requesting incarceration. He will be deported.

Outside the courtroom, Mr. Afzali appeared distraught about leaving the country he has called home since he left Afghanistan as a young boy. His wife and two children from a previous marriage all hold United States citizenship. He said he did not know where he would go.

“My whole tribe is here,” Mr. Afzali said. To return to Afghanistan, he offered, would be to “sign my death sentence.”

Considering that Afzali also told the elder Zazi he would set up a meeting between Najibullah and his friend and the cops, I think this is too harsh. [More...]

Attorney General Eric Holder and Defense Secretary Robert Gates wrote this letter to Nancy Pelosi and John Boehner yesterday. It's a "butt out" letter on Congress' threat to ban funding on U.S. terror trials of those at Gitmo, but he also accused them of trying to block the Administration's intended trial of suspects in "reformed military commissions."

Too bad the commissions aren't really reformed. I guess he's talking about Thomson, Illinois Correctional Center, which is set to become Gitmo of the Midwest. Obama and Holder intend to use the facility both for trial by military commission and continued indefinate detention without charges.

On a related note, the ACLU filed habeas petitions today for four detainees at Bagram, AFB in Afghanistan. [More...]