Tarek Mehanna is a
pharmacist convicted of conspiracy to provide material support to
al Qaeda
Al-Qaeda (; , ) is an Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military targets in various countr ...
, providing material support to terrorists (and conspiracy to do so), conspiracy to commit murder in a foreign country, conspiracy to make false statements to the FBI, and two counts of making false statements. He was sentenced in April 2012 to 17 years in federal prison. He is serving time at
ADX Florence
The United States Penitentiary, Florence Administrative Maximum Facility (USP Florence ADMAX), commonly known as ADX Florence, is an American federal prison in Fremont County near Florence, Colorado. It is operated by the Federal Bureau of Pr ...
in Colorado, US.
Early life
Mehanna was born in
Pennsylvania
Pennsylvania (; (Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, Ma ...
and grew up in
Sudbury, Massachusetts
Sudbury is a town in Middlesex County, Massachusetts, United States. At the 2020 census, it had a population of 18,934. The town, located in Greater Boston's MetroWest region, has a rich colonial history.
History
Incorporated in 1639, the bou ...
, a small town near
Boston
Boston (), officially the City of Boston, is the capital city, state capital and List of municipalities in Massachusetts, most populous city of the Commonwealth (U.S. state), Commonwealth of Massachusetts, as well as the cultural and financ ...
. His parents emigrated to the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
from
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Med ...
in 1980.
Terrorist activities
In 2004, Mehanna spent two weeks in
Yemen
Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the north and Oman to the northeast an ...
, where prosecutors proved that he tried but failed to seek out training in a
militant training camp, with the aim of going to
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
fighting with Iraqis against the
US-led invasion and occupation. When he returned to the US, Mehanna began to translate and post online materials described by prosecutors as Al-Qaeda
propaganda
Propaganda is communication that is primarily used to influence or persuade an audience to further an agenda, which may not be objective and may be selectively presenting facts to encourage a particular synthesis or perception, or using loa ...
. Mehanna has said that he supports the right of Muslims to defend themselves.
His lawyers argued that his internet activities were protected under the U.S.
First Amendment.
Trial and conviction
US Attorney
United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...
Carmen Ortiz led the prosecution of Mehanna. In April 2012, Mehanna was sentenced in
federal court in Boston on four terrorism-related charges and three others related to lying to
FBI and other U.S. federal officials. Before his sentence was determined, he
made a statement described by journalists as "eloquent,"
and "passionate," the text of which was afterwards widely circulated online.
Following Mehanna's sentencing, the
ACLU
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". ...
released a statement saying that the suppression of unpopular ideas is contrary to American values, and that the verdict undermines the First Amendment. Specifically, it stated, "Under the government's theory of the case, ordinary people--including writers and journalists, academic researchers, translators, and even ordinary web surfers--could be prosecuted for researching or translating controversial and unpopular ideas."
Mehanna appealed his case to the
First Circuit Court of Appeals[Alt URL]
/ref> but lost the case. Judge Bruce Selya, writing for the 3-judge panel, found for the Government, saying that Mehanna had been "fairly tried, justly convicted, and lawfully sentenced." "We think it virtually unarguable that rational jurors could find that the defendant and his associates went abroad to enlist in a terrorist training camp," the opinion said.
Oral argument for the appeal was held on July 30, 2013, in Boston,
/ref> and the opinion issued on Nov 13 of that year. At oral argument, Mehanna's side was argued by P. Sabin Willett
Peter Sabin Willett, known as Sabin Willett, (born March 6, 1957) is an American lawyer and novelist, a partner with the Philadelphia-based law firm Morgan, Lewis & Bockius, formerly a partner at Bingham McCutchen. He lives near Boston, Massac ...
, and the United States was represented by Liza Collery of the Department of Justice.[Alt URL]
/ref>
Mehanna appealed his case to the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
on March 17, 2014.
On March 18, 2014, Lyle Denniston of Scotusblog profiled the case, focusing on the Supreme Court appeal. The Supreme Court has the discretion to choose whether or not to review cases from lower courts, and has no obligation to explain these decisions. The Department of Justice's response brief was filed on July 25, 2014.[
]
Denniston reported that Mehanna's lawyers would argue that while Mehanna was philosophically sympathetic to the tenets of al Qaeda, his translation of the documents was spontaneous — was not done at anyone's request, and this meant the translations weren't part of al Qaeda's operations.
On October 6, 2014, the Court announced that it declined to review the case, thereby upholding Mehanna's conviction.
See also
* Brandenburg v. Ohio
References
External links
Salon.com: Tarek Mehanna's statement on April 12, 2012 to the court prior to sentencing
Case Docket: USA v. Mehanna et al
(district court level)
{{DEFAULTSORT:Mehanna, Tarek
1982 births
Living people
American people imprisoned on charges of terrorism
American people of Egyptian descent
American pharmacists
Prisoners and detainees of the United States federal government
Islamic fundamentalism in the United States
Inmates of ADX Florence