November 2002-June 2003: Secret Evidence Used against Hijackers’ Associate Attracts Criticism, Most Charges Are Dropped

The case of Mohamed el-Atriss, who was arrested for selling false ID cards to two of the 9/11 hijackers (see (July-August 2001)) and was an associate of an unindicted co-conspirator in the ‘Landmarks’ bomb plot trial (see Before September 11, 2001), becomes controversial when secret evidence is used against him at a series of hearings. The evidence is presented without el-Atriss or his attorney being present and such secrecy is said to be unusual even after 9/11. Based on the secret evidence, el-Atriss’ bond is set at $500,000, which the Washington Post calls “an amount consistent with a charge of capital murder—even though most of the charges against him [are] misdemeanors.” The secret evidence rule is invoked for national security reasons based on a request by the sheriff’s office, while el-Atriss is being held in prison for six months. However, the FBI, which has a relationship with el-Atriss (see September 13, 2001-Mid 2002) and does not back the use of the secret evidence, insists that el-Atriss is not connected to terrorism. An appeals judge rules that the secret evidence cannot be used on the say-so of local officials. According to the judge, the secret information is inaccurate and could have been rebutted by el-Atriss if he had seen it. Transcripts of the secret hearings are later released to the media [Washington Post, 2/5/2003; Washington Post, 6/25/2003] In January 2003 el-Atriss pleads guilty to a charge of selling false identification documents to two hijackers, Khalid Almihdhar and Abdulaziz Alomari, and is sentenced to five years’ probation, with credit for the six months in jail he has already served, and a $15,000 fine. Although he admits selling the cards not just to the two hijackers, but also to hundreds of illegal immigrants, the other 26 charges against him are dropped by prosecutors. [Washington Post, 2/5/2003; Newark Star-Ledger, 10/20/2003]