United States of America v. Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed

Court	United States District Court Southern District of New York, United States
Case number	S(7) 98 Cr. 1023 (LBS)
Decision title	Verdict
Decision date	29 May 2001
Parties	United States of America Wadih El Hage, a.k.a. Mohamed Sadeek Odeh, a.k.a. Mohamed Rashed Daoud Al-'Owhali, a.k.a. Khalfan Khamis Mohamed
Categories	Conspiracy, Terrorism
Links	Verdict: Part 1 Verdict: Part 2

Summary

Wadih El-Hage, 40, is a naturalised American citizen who was born in Lebanon. He has admitted being Osama bin Laden's personal secretary. He was accused of being the key organiser of the Kenya cell and of setting up front companies in Kenya for Al-Qaeda. He left Kenya almost a year before the bombings, after being questioned by the FBI in Africa. At the time of the bombings, he was living in Arlington, Texas, with his wife, April, and seven children. El Hage claimed he only worked for bin Laden in legitimate businesses and had no contact with him since 1994. El Hage was charged with conspiracy to murder Americans.

On 29 May 2001, El Hage was convicted for conspiracy to kill United States officers and employees engaging in official duties and conspiracy to destroy buildings and property of the United States. In addition, he was found guilty of giving false statements to a federal jury (perjury). On the basis of this conviction, El Hage was sentenced to life in prison without the possibility of being released.

Procedural history

On 15 September 1998, El Hage testified before the grand jury investigation into the Africa bombings.

On 4 November 1998, the United States District Court Southern District of New York issued an indictment against El Hage and 20 other alleged terrorists. The charges against El Hage included conspiracy to kill United States nationals. As a result, the charges against him included murder of United States nationals, United States military personnel stationed in Somalia and Saudi Arabia, United States nationals and other “internationally protected persons” employed at the United States Embassies in Kenya and Tanzania; and concealment of the activities of the conspiracy, and perjury.

Related developments

On 29 May 2001, he was unanimously found guilty by a federal jury of both perjury and conspiracy to murder internationally protected persons, United States officers, and employees engaging in official duties and conspiracy to destroy buildings and property of the United States (Part 1/Part 2). He received life in prison, plus additional time for perjuring himself before a grand jury investigating bin Laden's activities.

On 18 October 2001, the United States District Court for the Southern District of New York sentenced El Hage to life in prison without parole.

In October 2003, El Hage moved for a new trial pursuant to Rule 33 based, in part, on the government’s post-trial disclosure of videotapes depicting pretrial interviews with one of the government’s main witnesses.

On 2 November 2005, the District Court, after holding a series of evidentiary hearings on this matter, denied El-Hage’s motion.

On 16 November 2005, El-Hage moved for reconsideration that was denied in an order of the District Court entered on 5 December 2005. On 24 November 2008, the Court of Appeals affirmed the conviction of El Hage and sentenced El Hage again to life imprisonment.

Legally relevant facts

El Hage was a high-ranking associate of Usama Bin Laden who performed key functions for Al-Qaeda to advance the organisation's terrorist goals, including facilitating the bombing of the U.S. Embassies in Kenya and Tanzania, killing 224 people. Among other things, El Hage disbursed the al-Qaeda payroll, procured equipment for the organisation, and operated al-Qaeda businesses, which provided cover for operatives and generated cash for the organisation. He also provided false identification documents to the group so that operatives could travel undetected and participated in secret meetings with Al-Qaeda leaders, after which he carried messages from Bin Laden to other members of the organisation. In his capacity as one of the leaders of al Qaeda's East Africa cell, El Hage conveyed Bin Laden’s order that the cell – which played a key role in the 1998 Embassy Bombings – prepare for military action.

Both before and after the bombings took place, El Hage obstructed the investigation into Al-Qaeda by repeatedly lying to a federal grand jury in the Southern District of New York concerning his knowledge of and involvement in Al-Qaeda.

Core legal questions

Is El Hage responsible for conspiracy to kill Americans, conspiracy to kill U.S. officers or employees and conspiracy to damage or destroy U.S. property with explosives?

Specific legal rules and provisions

Sections 844(n)- conspiracy to destroy buildings and property of the United States, 1117 (conspiracy to murder internationally protected persons, United States officers, and employees engaging in official duties), 1623- perjury and 2332(b) (conspiracy to murder United States nationals) of Title 18 of the US Code.

Court's holding and analysis

El Hage was found guilty of conspiracy to kill Americans (Count 1), conspiracy to kill U.S. officers or employees (Count 2), conspiracy to damage or destroy U.S. property with explosives (Count 4).