In November 2001, US police called Nabil al-Marabh one of their top five suspects in the 9/11 attacks. [Toronto Sun, 11/23/2001] In mid-January 2002, Canadian police call him “the real thing.” [Toronto Sun, 11/23/2001] In late January 2002, it is reported that in Chicago, “Federal agents say criminal charges spelling out his role [in 9/11 and other plots] are likely within a few weeks.” [ABC News 7 (Chicago), 1/31/2002] Yet, shortly after this, there seems to be a dramatic change of opinion at Justice Department headquarters about al-Marabh. US Attorney Patrick Fitzgerald in Chicago drafts an indictment against Nabil al-Marabh, charging him with multiple counts of making false statements in his interviews with FBI agents. Fitzgerald already has several successful al-Qaeda prosecutions. However, the indictments are rejected by Justice Department headquarters in the name of protecting intelligence. In December 2002, Fitzgerald tracks down a Jordanian informant who had spent time with al-Marabh in a federal detention cell earlier in the year because of minor immigration problems. Fitzgerald has the man flown to Chicago and oversees his debriefing. The man reveals numerous criminal acts that al-Marabh confessed to him in prison, and the information fits with what is already known of al-Marabh’s history (see December 2002). However, Fitzgerald is still not allowed to indict al-Marabh. Another prosecutor in Detroit, trying some associates of al-Marabh in an ultimately unsuccessful case there, also expresses a desire to indict al-Marabh, but is not allowed to do so (see Early 2003). [Associated Press, 6/3/2004] Al-Marabh will ultimately be deported to Syria after serving a short sentence on minor charges (see January 2004).
September 3, 2002: Al-Marabh Given Light Prison Sentence on Non-Terrorism Charges
The FBI decides not to charge Nabil al-Marabh on any terrorism related charge. Instead, on September 3, 2002, al-Marabh pleads guilty to illegally entering the US in June 2001 (see June 27, 2001-July 11, 2001), and is sentenced to only eight months in prison. [Chicago Sun-Times, 9/5/2002] Federal prosecutors claim that “at this time” there is no evidence “of any involvement by [al-Marabh] in any terrorist organization,” even though he has admitted to getting weapons training in Afghan training camps. [Washington Post, 9/4/2002] Numerous reported ties between al-Marabh and the 9/11 hijackers are apparently not mentioned in the trial (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). The judge states he cannot say “in good conscience” that he approves of the plea bargain worked out between the prosecution and defense, but he seems unable to stop it. He says, “Something about this case makes me feel uncomfortable. I just don’t have a lot of information.” He has a number of unanswered questions, such as how al-Marabh had $22,000 in cash and $25,000 worth of amber jewels on his possession when he was arrested, despite holding only a sporadic series of low-paying jobs. “These are the things that kind of bother me. It’s kind of unusual, isn’t it?” says the judge. [National Post, 9/4/2002] In 2003, the judge at al-Marabh’s deportation hearing will rule that al-Marabh presents “a danger to national security” and is “credibly linked to elements of terrorism” but this will not stop him from being deported.(see January 2004).
December 2002: Informant Details Even More of Al-Marabh’s Al-Qaeda Ties
Nabil al-Marabh is serving an eight-month prison sentence for illegally entering the US. A Jordanian in prison with al-Marabh earlier in 2002 informs against him, claiming that al-Marabh tells him many details of his terrorism ties. The informant, who shows “a highly detailed knowledge of his former cell-mate’s associations and movements” [Globe and Mail, 6/4/2004] , claims that al-Marabh: 
admitted he sent money to a former roommate, Raed Hijazi, who is later convicted of trying to blow up a hotel in Jordan (see November 30, 1999), and that he aided Hijazi’s flight from authorities. [Associated Press, 6/3/2004] planned to die a martyr by stealing a gasoline truck, driving it into either the Lincoln or Holland tunnels in New York City, turning it sideways, opening its fuel valves and having an al-Qaeda operative shoot a flare to ignite a massive explosion. The plan was cancelled when Hijazi was arrested in Jordan in October 2000. [Toronto Sun, 10/16/2001; Associated Press, 6/3/2004] trained on rifles and rocket-propelled grenades at militant camps in Afghanistan. [Associated Press, 6/3/2004] boasted about getting drunk with two 9/11 hijackers. [Globe and Mail, 6/4/2004] asked his uncle to hide an important data CD from Canadian police. [Globe and Mail, 6/4/2004] claimed he took instructions from a mysterious figure in Chicago known as “al Mosul” which means “boss” in Arabic. [Associated Press, 6/3/2004] acknowledged he distributed as much as $200,000 a month to training camps in Afghanistan in the early 1990s. [Associated Press, 6/3/2004] FBI agents are able to confirm portions of the informant’s claims. US Attorney Patrick Fitzgerald, after being denied permission to indict al-Marabh, uses the informant’s information to press again for an indictment. But the Justice Department continues to refuse to allow an indictment, and al-Marabh will eventually be deported to Syria (see January-2002-December 2002). [Associated Press, 6/3/2004]
Early 2003: Justice Department Prevents Detroit Prosecutors from Charging Al-Marabh and Hinders Case against Al-Marabh Associates
US prosecutors in Detroit are trying four men accused of an al-Qaeda plot. The men, Abdel-Ilah Elmardoudi, Karim Koubriti, Ahmed Hannan, and Farouk Ali-Haimoud, were arrested shortly after 9/11. They had been living in a Detroit apartment previously occupied by Nabil al-Marabh (see September 17, 2001). Yousef Hmimssa, a Moroccan national, had lived in the Detroit apartment with al-Marabh. When the FBI raided the apartment, they found fake immigration papers linking Hmimssa and al-Marabh, along with attack plans. [ABC News 7 (Chicago), 1/31/2002] Hmimssa will later be the key witness in the trial against the four arrested Detroit men (see June 2003-August 2004). The FBI later identify three other witnesses—a landlord, a Jordanian informant, and a prison inmate—who linked the four arrested men to al-Marabh (see December 2002). The Detroit prosecutors want to charge al-Marabh as a fifth defendant. However, Deputy Assistant Attorney General David Nahmias prevents them from doing so. He says, “My understanding is that the only connection between al-Marabh and your case was an apparent misidentification by a landlord.” Additionally, memos written by Detroit prosecutors during the trial will later show that they believed the Justice Department was preventing them from introducing some of their most dramatic evidence in the trial. Lead Detroit prosecutor Richard Convertino will later say: “There was a series of evidence, pieces of evidence, that we wanted to get into our trial that we were unable to do. Things that would have strengthened the case immeasurably, and made the case much stronger, exponentially.” For instance, the FBI had learned before the trial that al-Qaeda leader Ibn al-Shaykh al-Libi told US interrogators after his capture that bin Laden had authorized an attack on the US air base in Incirlik, Turkey. The FBI also found sketches in the Detroit apartment of what they believed was the same base. The prosecutors wanted to link this evidence to testimony by the al-Libi, but he was handed over to Egypt to be tortured and prosecutors were not able to interview him or use him as a witness (see January 2002 and After). Turkish authorities will later claim that their own evidence indicates bin Laden did authorize an attack on the base at one point. Detroit prosecutors also later complain that the lone Justice Department lawyer sent to help with the case had no intention of helping with the trial, and spent most of his time in Detroit staying in his hotel room or playing basketball. [Associated Press, 8/9/2004] In 2002, Chicago prosecutor Patrick Fitzgerald is also prohibited from charging al-Marabh with any crime (see January-2002-December 2002).
January 2004: Nabil al-Marabh Mysteriously Deported to Syria
After Nabil al-Marabh’s eight-month prison sentence was completed in 2003, he remained in a Chicago prison awaiting deportation. However, deportation proceedings were put on hold because federal prosecutors lodged a material witness warrant against him. When the warrant is dropped, al-Marabh is cleared to be deported to Syria. [Associated Press, 1/29/2003; Associated Press, 6/3/2004] In late 2002, the US government argued that there was no evidence al-Marabh had ever been involved in any terrorist activity or connected to any terrorist organization (see September 3, 2002). However, in al-Marabh’s deportation hearing, the judge rules that he “does present a danger to national security,” is “credibly linked to elements of terrorism,” and has a “propensity to lie.” A footnote in his 2003 deportation ruling states, “The FBI has been unable to rule out the possibility that al-Marabh has engaged in terrorist activity or will do so if he is not removed from the United States.” He is deported nonetheless, and prosecutors from two US cities are not allowed to indict him. Both Democratic and Republican Senators will later express bafflement and complain about this deportation (see June 30, 2004). [Associated Press, 6/3/2004]
Spring 2004: Nabil Al-Marabh Apparently Secretly Jailed in Syria
In May 2005, the Globe and Mail reports that friends and family of Nabil al-Marabh fear he is being jailed in Syria. He apparently lives freely there for a few months after being deported from the US in January 2004 (see January 2004), but then is arrested by Syrian intelligence agents. The article will note that, “US deportation records show that Mr. al-Marabh had expressed fears about being conscripted or tortured in Syria, which is notorious for abusing its prisoners.” [Globe and Mail, 5/11/2005] In late 2007, it will be reported that it is believed al-Marabh is still jailed in Syria, though there have been no reports of him being officially charged with any crime. [National Post, 10/6/2007]
April 16, 2004-June 25, 2004: Apparent Boston Al-Qaeda Cell Member Arrested on Minor Charges
Mohamad Kamal Elzahabi is confronted by the FBI and agrees to a series of voluntary interviews. He admits to training at a militant training camp in Afghanistan in the late 1980s (see Late 1980s). He admits to having known al-Qaeda leaders Khalid Shaikh Mohammed, Abu Zubaida, and Abu Musab al-Zarqawi while living there. He worked in Afghanistan as a sniper in combat and as an instructor at the training camps until 1995. After getting a gunshot wound, he moved to Boston and drove a taxi. Al-Qaeda operatives Nabil al-Marabh, Bassam Kanj, and Raed Hijazi also moved to Boston and worked at the same taxi company (see June 1995-Early 1999). In 1999, he went to Chechnya and fought as a sniper, returning to the US one month before 9/11 (see Mid-August 2001). On June 25, 2004, Elzahabi is charged with lying to the FBI about the extent of his relationship with Hijazi while living in Boston. In addition, it is claimed that in 1995 he sent a large number of field radios to Afghanistan. Some of this equipment was recovered by US soldiers after 9/11. He is charged with lying about shipping these radios. [Boston Globe, 6/26/2004; Fox News, 6/26/2004] In December 2005, he will be indicted for possessing fraudulent immigration documents and faking a marriage to remain in the US. However, he still has not been tried on the earlier charges. [Star-Tribune (Minneapolis), 12/8/2005]
June 30, 2004: Several Senators Demand Attorney General Ashcroft Explain Al-Marabh’s Deportation Decision
The Associated Press reports that both Republicans and Democrats have expressed outrage that Nabil al-Marabh was deported in January 2004 (see January 2004). Several senators have written letters to Attorney General John Ashcroft, demanding an explanation. Sen. Charles Grassley (R-IN) states that the circumstances of al-Marabh’s deportation—who was “at one time No. 27 on the [FBI] list of Most Wanted Terrorists”—are “of deep concern and appear to be a departure from an aggressive, proactive approach to the war on terrorism.” Sen. Patrick Leahy (D-VT) wrote to Ashcroft, “The odd handling of this case raises questions that deserve answers from the Justice Department.… Why was a suspected terrorist returned to a country that sponsors terrorism? We need to know that the safety of the American people and our strategic goals in countering terrorism are paramount factors when decisions like this are made.” Sen. Charles Schumer (D-NY) says, “It seems that pursuing a military tribunal, a classified criminal trial, or continued immigration proceedings would have made more sense than merely deporting a suspected terrorist.” Sen. Orrin Hatch (R-UT) has also made inquiries into the case. Prosecutors in several US cities sought to bring criminal cases against al-Marabh and a US attorney in Chicago drafted an indictment against him, which he apparently was not allowed to pursue (see January-2002-December 2002). [Associated Press, 6/30/2004] Apparently, no explanation from Ashcroft is ever given. The 9/11 Commission Final Report, released a couple of months later, will fail to mention al-Marabh at all.
