Courts & Litigation Criminal Justice & the Rule of Law Terrorism & Extremism

The Criminal Complaint in the Case of the Would-Be DC Suicide Bomber

Robert Chesney
Friday, February 17, 2012, 5:51 PM
The complaint against Amine El Khalifi is posted here.  What follows is the description from DOJ’s press release:
WASHINGTON – A 29 year-old man residing in Alexandria, Va., was arrested today for allegedly attempting to detonate a bomb in a suicide attack on the U.S.

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The complaint against Amine El Khalifi is posted here.  What follows is the description from DOJ’s press release:
WASHINGTON – A 29 year-old man residing in Alexandria, Va., was arrested today for allegedly attempting to detonate a bomb in a suicide attack on the U.S. Capitol Building as part of what he intended to be a terrorist operation. … Amine El Khalifi, an immigrant from Morocco who is illegally present in the United States, was charged today by criminal complaint with attempting to use a weapon of mass destruction against property that is owned and used by the United States.  He made his initial appearance today at 4:15 p.m. before Judge T. Rawles Jones Jr.  If convicted, El Khalifi faces a maximum penalty of life in prison. The arrest of El Khalifi was the culmination of an undercover operation during which he was closely monitored by the FBI Washington Field Office’s Joint Terrorism Task Force (JTTF).  The explosives and firearm that he allegedly sought and attempted to use had been rendered inoperable by law enforcement and posed no threat to the public. ... According to the criminal complaint affidavit, in January 2011, a confidential human source reported to the FBI that El Khalifi met with other individuals at a residence in Arlington, Va., on Jan. 11, 2011.  During this meeting, one individual produced what appeared to be an AK-47, two revolvers and ammunition.  El Khalifi allegedly expressed agreement with a statement by this individual that the “war on terrorism” was a “war on Muslims” and said that the group needed to be ready for war. The affidavit alleges that El Khalifi sought to be associated with an armed extremist group, and on Dec 1, 2011, he was introduced by a man he knew as “Hussien” to an individual named “Yusuf,” who was, in reality, an undercover law enforcement officer.  Throughout December 2011 and January 2012, El Khalifi allegedly proposed to carry out a bombing attack.  His proposed targets included a building that contained U.S. military offices, as well as a synagogue, U.S. Army generals and a restaurant frequented by military officials. During meetings with the undercover officer, El Khalifi allegedly handled an AK-47and indicated his desire to conduct an operation in which he would use a gun and kill people face-to-face.  He also allegedly selected a restaurant in Washington, D.C., for a bombing attack; handled an explosive as an example of what could be used in the attack; conducted surveillance to determine the best place and time for the bombing and purchased materials as part of the planned operation. On Jan. 7, 2012, “Hussien” informed El Khalifi that he was an al-Qaeda operative.  El Khalifi allegedly discussed the possibility that his planned bombing of the restaurant would be followed by a second attack against a military installation to be conducted by others who El Khalifi believed to be associated with al-Qaeda.  The affidavit alleges that El Khalifi understood that his attack on the restaurant would be part of an al-Qaeda operation that would include both his restaurant bombing and the attack against a military installation. The affidavit alleges that on Jan. 15, 2012, El Khalifi stated that he had modified his plans for his attack.  Rather than conduct an attack on a restaurant, he wanted to conduct a suicide attack at the U.S. Capitol Building. That same day at a quarry in West Virginia, as a demonstration of the effects of the proposed suicide bomb operation, El Khalifi dialed a cell phone number that he believed would detonate a bomb placed in the quarry.  The test bomb detonated, and El Khalifi expressed a desire for a larger explosion in his attack.  He also selected Feb. 17, 2012, as the day of the operation, according to the affidavit. The affidavit alleges that over the next month, El Khalifi traveled to the U.S. Capitol Building on multiple occasions to conduct surveillance, choosing the spot where he would be dropped off to enter the building for the martyrdom operation, the specific time for the attack and the method he would use to avoid attracting the attention of law enforcement.  El Khalifi also asked Hussien to remotely detonate the bomb he would be wearing on the day of the attack if El Khalifi encountered problems with security officers, and to provide El Khalifi with a gun that he could use during the attack to shoot any officers who might attempt to stop him. On February 17, 2012, El Khalifi allegedly traveled to a parking garage near the U.S. Capitol Building.  El Khalifi took possession of a MAC-10 automatic weapon and put on a vest containing what he believed to be a functioning bomb.  Unbeknownst to El Khalifi, both the weapon and the bomb had been rendered inoperable by law enforcement.  El Khalifi walked alone from the vehicle toward the United States Capitol, where he intended to shoot people and detonate the bomb.  El Khalifi was arrested and taken into custody before exiting the parking garage. …

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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