2007 Fort Dix attack plot

Last updated
2007 Fort Dix attack plot
Location Fort Dix, New Jersey, U.S.
DatePlanned; never executed;
arrested May 8, 2007
TargetU.S. military personnel at Fort Dix
Attack type
 Conspiracy
Deaths0
Injured0

The 2007 Fort Dix attack plot involved a group of six radicalized individuals who were found guilty of conspiring to stage an attack against U.S. Military personnel stationed at Fort Dix, New Jersey. [1]

Contents

The men were arrested by the Federal Bureau of Investigation (FBI) on May 8, 2007, and were prosecuted in federal court in October 2008. [2] On December 22, 2008, five were found guilty of conspiracy to commit murder in their intentions to kill U.S. military personnel; four received life sentences, while one received 33 years in prison. The remaining member was thought to have had a minor role in the plot and was sentenced to five years in prison for weapons offenses. [3]

Critics accuse the FBI of entrapment, saying the FBI informants created the conspiracy. The FBI used two foreign informants who were in the United States illegally with criminal records to befriend the men. These informants received payment and help with their legal residency status. [4] In addition, they point to issues such as the ineffective assistance of their lawyers, the lack of impartiality of the judge, and the absence of explicit evidence of participation in the alleged plot. [5] [6] Mahmoud Omar, an FBI informant and key witness in the case later claimed that the Dukas were "people and good" and said the brothers were innocent. [7] Due to the case, the three Duka brothers, Shnewer, and Abdullahu have been referred to as the Fort Dix Five. [8]

Suspects

Background

In the late 1980s, the Dukas abandoned life in Albania and moved to the United States as illegal immigrants and settled in Brooklyn in New York. The Dukas brothers did not adapt to the school and gradually gave up their studies and started to work and to live on the streets. During these periods they were detained numerous times for disorderly conduct and possession of marijuana. Dissatisfied with the situation, Dukas' parents moved into a small apartment in Cherry Hill, New Jersey where the brothers converted to Islam. Once established, the Duka family opened a small restaurant and then opened a roofing business. Mohamad Shnewer worked as a taxi driver and grew up with the Dukas in Brooklyn, his sister was engaged to Eljivir. Sedar Tatar worked at his father's pizzeria and later went to work at 7-Eleven in Philadelphia. [8]

Context

The six men took a trip to the Poconos, where they allegedly practiced firing "semi-automatic weapons" [14] at a shooting range in Gouldsboro, Pennsylvania. [11] The shooting range, at Pennsylvania State Game Land 127, [15] is operated by the Commonwealth of Pennsylvania. [16] A group of ten men [17] had recorded video footage of themselves shooting weapons and shouting Allahu Akbar ("God is great"). [18] They had also recorded themselves skiing, playing paintball, and riding horses on their trip to Poconos. [19] The defense argued it was not a terrorist training video. [20]

On January 31, 2006, the men took the video to the Circuit City in Mount Laurel, New Jersey to convert it to a DVD. After viewing it, two employees of the store, Brian Morgenstern and another not named in the indictment, alerted authorities, who initiated a full-scale investigation. [11] [21]

An informant from the FBI infiltrated the group to gather information. [22] The group's planning was caught on video and audio tape by federal authorities. They also trained in Cherry Hill, New Jersey. [14] US Attorney Chris Christie (later elected Governor of New Jersey) said that one of the suspects was able to draw a detailed map of Fort Dix from memory. [23] Serdar Tatar even went to the police in Philadelphia to report that he was being pressured to provide a map of Fort Dix, and that he suspected a terrorist plan. However, he did not have a response from the authorities. [6]

The men continued to work at their jobs. The Duka brothers, Eljvir, Dritan, and Shain (Albanians), worked in roofing. Agron Abdullahu (Albanian), Serdar Tatar (a Turkish legal immigrant), and Mohamad Ibrahim Shnewer (a U.S. citizen from Jordan) held a variety of jobs, including as a taxi driver and clerk for 7-Eleven. [11]

According to news reports, five of the men arrested intended to attack the Fort Dix military base and kill as many servicemen as they could. [24] The sixth man arrested, Abdullahu, was charged with aiding and abetting the possession of firearms by the Duka brothers. [13] In a conversation that was recorded by the informant, Shnewer told the FBI informant "My intent is to hit a heavy concentration of soldiers [...] You hit four, five or six Humvees and light the whole place [up] and retreat completely without any losses". [11]

The men tried unsuccessfully to purchase weapons from an FBI informant, including AK-47s, M16s, semi-automatic SIG Sauer 9 mm handguns, and a Smith & Wesson 9 mm. The informant stated that the weapons were to come from an underground military dealer from Baltimore, Maryland, who had recently returned from Egypt. [14]

One of the men in the Fort Dix plot was recorded on a surveillance tape commenting on a lecture by Anwar al-Awlaki, a prominent Muslim cleric of American and Yemeni citizenship, who went into hiding in Yemen after becoming radicalized in prison there during 2006–2007. (He was targeted for killing by President Obama in 2010 because of his numerous alleged terrorist activities, and killed in September 2011 by an unmanned US drone in Yemen. [25] ) On that tape, Shain Duka exclaimed "You gotta hear this lecture ... it's the truth, no holds barred, straight how it is!" [26]

Trial

The six suspects were indicted on June 5, 2007 [27] and were arraigned in federal court in Camden, New Jersey on June 14 where they pleaded not guilty. [28] The U.S. District Judge Robert B. Kugler called it "an unusual case" and called for the trial to begin by early October, adding, "If the government is not able to prove this case, they should not be in jail. I want to get this resolved." [29]

Agron Abdullahu, suspected of having the smallest role in the attack plot, accepted a plea bargain with a limit of 5 years in prison for his weapons offenses. Prosecutors say that while Abdullahu supplied weapons to the other five men, he resisted the idea of attacking the military base. [30]

Opening arguments were presented on October 20, 2008. Assistant U.S. Attorney William Fitzpatrick asserted that the defendants were inspired by jihad , saying "Their motive was to defend Islam. Their inspiration was Al Qaeda and Osama bin Laden. Their intention was to attack the U.S." [31] Prosecutors presented recordings of the plot obtained by two paid FBI informants during a 16-month undercover investigation, as well as suspicious videos that were found on one defendant's computer. Defense attorneys countered that the videos, alleged by the prosecution to be terrorist training videos, showed the defendants on holiday exhibiting "false bravado". They attacked the credibility of the prosecution's witnesses. [2] [3] Informant Mahmoud Omar confessed during the trial that two Duka brothers - Dritan and Shain - knew of no Fort Dix plot. "They had nothing to do with this," he said. [6] On December 22, 2008, after 5 and a half days of deliberations, the jury found the plotters to be guilty of charges of conspiracy to harm US military personnel. They were acquitted on the charge of attempted murder. [3] [32] [33]

During sentencing, Dritan and Shain Duka received life sentences for the conspiracy conviction, with an additional 30 years for related weapons charges. [34] Eljvir Duka and Mohamad Shnewer both received life sentences, and Serdar Tatar was sentenced to 33 years in prison. [35]

A 2011 NPR report said that some of the men associated with this group were imprisoned in a highly restrictive Communication Management Unit. [36]

In June 2016, Judge Robert Kugler denied requests for a retrial. In his decision, Judge Kugler - the same as the original trial - stated that the Dukas were aware of their right to testify and consciously decided not to. Shain Duka's lawyer, Robert Boyle, called the judge's decision "disappointing but not entirely unexpected" and said he would appeal the decision. Lynne Jackson, an attorney for SALM, said: "Fort Dix Five supporters will continue to advocate for them and will continue to seek justice for the brothers. We will never give up until they are free. " [37]

In December 2020 Sedar Tatar applied to be released from prison during the COVID-19 pandemic due to having tuberculosis. Judge Robert Kugler denied the request. [38]

Imprisonment

Eljvir Duka is currently being held at United States Penitentiary, Hazelton, while Dritan Duka is at Communications management unit (CMU) at Federal Correctional Institution, Terre Haute and Shain Duka is at United States Penitentiary, Atwater.

Mohamad Shnewer is serving his life sentence at the United States Penitentiary, Terre Haute, a high-security facility in Indiana. [39]

Serdar Tatar is serving his 33-year sentence at the Federal Correctional Institution, McKean, a medium-security facility in Pennsylvania, and is scheduled for release in 2035. [40]

Agron Abdullahu was released on March 24, 2009. [41]

Chronology of events

See also

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References

  1. ↑ Russakoff, Dale; Eggen, Dan (May 9, 2007). "Six Charged in Plot To Attack Fort Dix". The Washington Post . Retrieved May 9, 2007.
  2. 1 2 Jon Hurdle (October 20, 2008). "Trial starts for U.S. Army base "holy war" plot". Reuters. Retrieved March 25, 2010.
  3. 1 2 3 von Zielbauer, Paul (December 22, 2008). "5 Men Are Convicted in Plot on Fort Dix". The New York Times. Archived from the original on May 17, 2013. Retrieved December 22, 2008.
  4. ↑ "5 Found Guilty In Fort Dix Terror Plot - CBS News". www.cbsnews.com. 2008-12-22. Retrieved 2023-08-02.
  5. ↑ Harris, Paul (November 16, 2011). "Fort Dix Five: 'If they did something, punish them. But they're innocent kids'". The Guardian . Retrieved March 24, 2012.
  6. 1 2 3 Harris, Paul (March 20, 2012). "The ex-FBI informant with a change of heart: 'There is no real hunt. It's fixed'". The Guardian . Retrieved March 24, 2012.
  7. ↑ Lucas, Dave. "Albany Activists Support Fort Dix 5 Brothers In New Jersey Court". www.wamc.org. Retrieved 2021-03-07.
  8. 1 2 Hussain, Murtaza; Ghalayini, Razan (25 June 2015). "The Real Story Behind the Fort Dix Five Terror Plot". The Intercept . First Look Media . Retrieved 28 June 2015.
  9. ↑ "Father of Fort Dix suspects arrested on immigration charges – NJ.com: Star-Ledger updates". Blog.nj.com. Retrieved March 25, 2010.
  10. ↑ "Hürriyet – Plans to attack US Fort Dix base uncovered; one of the plotters a Turk". Hurriyet.com.tr. Retrieved March 25, 2010.
  11. 1 2 3 4 5 "Terror Suspects Arrested In N.J. After FBI Foils Fort Dix Attack". NBC 10. May 8, 2007. Archived from the original on 2007-05-10. Retrieved May 8, 2007.
  12. ↑ "Five Radical Islamists Charged with Planning Attack on Fort Dix Army Base in New Jersey" (PDF). United States Department of Justice. May 8, 2007. Archived from the original (PDF) on June 16, 2007. Retrieved May 8, 2007.
  13. 1 2 "Fort Dix Terror Suspects' Lives Gave Few Clues About Alleged Plot". foxnews.com. May 9, 2007. Archived from the original on 4 February 2011. Retrieved February 18, 2011.
  14. 1 2 3 4 5 6 "US District Court Case 1:07-mj-02046-JS Document 1" (PDF). United States District Court, District of New Jersey. Archived from the original (PDF) on June 16, 2007. Retrieved May 8, 2007.
  15. ↑ "Terror suspects were 'bad shots,' says local marksman". Pocono Record. May 8, 2007. Retrieved May 9, 2007.
  16. ↑ "Website of the Pennsylvania Game Commission". Archived from the original on May 7, 2007. Retrieved May 9, 2007.
  17. ↑ Five Radical Islamists Charged with Planning Attack on Fort Dix Army Base in New Jersey Archived June 16, 2007, at the Wayback Machine
  18. ↑ Hauser, Christine; Kocieniewski, David (May 8, 2007). "6 Arrested in Plot to Attack Fort Dix". The New York Times . Retrieved May 8, 2007.
  19. ↑ Harris, Paul (16 November 2011). "Fort Dix Five: 'If they did something, punish them. But they're innocent kids'". The Guardian. Retrieved 28 June 2015.
  20. ↑ Temple-Raston, Dina (29 September 2008). "Trial Begins For Men Accused In Fort Dix 'Pizza Plot'". NPR. Retrieved 28 June 2015.
  21. ↑ "Circuit City clerk alerted authorities to alleged plot". StarLedger. May 9, 2007. Archived from the original on 13 May 2007. Retrieved May 9, 2007.
  22. ↑ "6 Charged In Alleged N.J. Terror Plot". WNBC. May 8, 2007. Archived from the original on 10 May 2007. Retrieved May 8, 2007.
  23. ↑ "Six Men Arrested in Plot to Attack New Jersey's Fort Dix". pbs.com. May 8, 2007. Archived from the original on 24 January 2011. Retrieved February 18, 2011.
  24. ↑ Parry, Wayne (May 8, 2007). "6 Men Charged in Plot to Attack Fort Dix". The Washington Post. Retrieved May 8, 2007.
  25. ↑ "Islamist cleric Anwar al-Awlaki 'killed in Yemen'". BBC News. September 30, 2011. Retrieved September 30, 2011.
  26. ↑ Shane, Scott (November 18, 2009). "Born in U.S., a Radical Cleric Inspires Terror". The New York Times. Archived from the original on September 6, 2011. Retrieved February 1, 2010.
  27. ↑ "Six Suspects Indicted In Fort Dix Plot". CBS News. Associated Press. June 5, 2007. Archived from the original on 14 June 2007. Retrieved June 20, 2007.
  28. ↑ UPI (June 15, 2007). "6 charged in Fort Dix plot arraigned". GOPUSA.
  29. ↑ Alfano, Sean (June 5, 2007). "6 In Fort Dix Case Plead Not Guilty". cbsnews.com. Archived from the original on 2 February 2011. Retrieved February 18, 2011.
  30. ↑ "Guilty plea in Ft. Dix Plot". CNN. October 30, 2007. Archived from the original on November 2, 2007. Retrieved November 2, 2007.
  31. ↑ "US base accused 'plotted jihad'". BBC News. October 20, 2008. Archived from the original on October 23, 2008. Retrieved February 18, 2011.
  32. ↑ "#08-1142: Five Radical Islamists Convicted of Conspiring to Kill Soldiers at Fort Dix (2008-12-22)". www.justice.gov. Retrieved 2023-08-02.
  33. ↑ Zielbauer, Paul von; Hurdle, Jon (2008-12-23). "5 Are Convicted of Conspiring to Attack Fort Dix". The New York Times. ISSN   0362-4331 . Retrieved 2023-08-02.
  34. ↑ "3 brothers get life for Fort Dix plot". United Press International. April 28, 2009. Retrieved November 10, 2009.
  35. ↑ "Fifth Man Convicted in Fort Dix Terror Plot Sentenced to 33 Years in Prison". Fox News. Associated Press. April 28, 2009. Archived from the original on May 3, 2009. Retrieved November 10, 2009.
  36. ↑ Margot Williams and Alyson Hurt, "DATA & GRAPHICS: Population Of The Communications Management Units", NPR, 3-3-11, retrieved 4 March 2011
  37. ↑ JUDGE UPHOLDS LIFE SENTENCES IN FORT DIX PLOT, BUT ADVOCATES SAY FIGHT WILL GO ON
  38. ↑ Walsh, Jim. "Fort Dix Five member denied release over his fear of COVID-19". Burlington County Times. Retrieved 2020-12-18.
  39. ↑ "Inmate Locator" . Retrieved 11 December 2016.[ permanent dead link ]
  40. ↑ "Inmate Locator" . Retrieved 11 December 2016.[ permanent dead link ]
  41. ↑ "Inmate Locator" . Retrieved 11 December 2016.[ permanent dead link ]
  42. ↑ Amanda ripley (December 6, 2007). "The Fort Dix Conspiracy". Time. Archived from the original on 10 December 2007. Retrieved 14 December 2007.
  43. ↑ "Fort Dix Plot Unravels Interactive Timeline". cbsnews.com. CBS News. Archived from the original on 2 February 2011. Retrieved February 18, 2011.
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