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U.S. terror suspect indicted on bomb conspiracy charge

By: cnn.comPosted On: 09/24/2009 2:54 P

A Colorado man arrested in a U.S. terror probe has been indicted on a charge of conspiracy to use weapons of mass destruction -- explosive bombs -- against persons or property in the United States, the Justice Department said Thursday.

A federal grand jury in the Eastern District of New York on Wednesday returned a one-count indictment against Najibullah Zazi, 24, of Aurora, Colorado -- a Denver suburb.

The Justice Department said FBI agents in Colorado first arrested Zazi over the weekend in a criminal complaint that said he "knowingly and willfully" made false statements to the FBI involving international and domestic terrorism.

In addition, others arrested included Zazi's father -- Mohammed Wali Zazi, 53, also from suburban Denver, and Ahmad Wais Afzali, 37, a Muslim cleric and funeral director from Queens, New York.

All three were arrested late Saturday in what the Justice Department has said was a plot to detonate bombs in the United States. They have been charged with lying to federal agents during the probe of the alleged plot.

Originally from Afghanistan, Mohammed Wali Zazi is a naturalized U.S. citizen, and Afzali and Najibullah Zazi are permanent legal residents.

The Zazis were arrested in Colorado, and Afzali was detained in New York.

Afzali was ordered released on bond, and his parents are putting up their home in Queens to secure his $1.5 million bail. He will be allowed to travel to the funeral home to work and the mosque to worship. Additional travel will be allowed on a case-by-case basis.

The Justice Department is working to have Zazi transferred from Colorado to New York to be arraigned on the new charge. If convicted, Zazi faces a potential sentence of life in prison.

The one-count indictment alleges that between August 1, 2008, and September 21, Zazi "knowingly and intentionally conspired with others to use one or more of the explosives."

It said Zazi and others "traveled in interstate and foreign commerce, used e-mail and the Internet, and that this offense and the results of the offense would have affected interstate and foreign commerce."

"We are investigating a wide range of leads related to this alleged conspiracy, and we will continue to work around the clock to ensure that anyone involved is brought to justice," Attorney General Eric Holder said in a statement. "We believe any imminent threat arising from this case has been disrupted, but as always, we remind the American public to be vigilant and to report any suspicious activity to law enforcement."

A government detention motion filed in New York and in Colorado said that "Zazi received detailed bomb-making instructions in Pakistan, purchased components of improvised explosive devices, and traveled to New York City on September 10, 2009, in furtherance of his criminal plans."

It said that Zazi traveled overseas to receive bomb-making instructions, conducted Internet research on explosives' components and made purchases of components "necessary to produce TATP (Triacetone Triperoxide) and other explosive devices."

TATP was used in the 2005 London train bombings and part of the 2001 Richard Reid "shoe bomber" plot. Its three components are hydrogen peroxide, acetone and a strong acid, such as hydrochloric acid, the government said.

The government's motion for a permanent order of detention requests no bail for Zazi, calling him a flight risk.

The memo of law in support of the government's motion provides insights into Zazi's alleged movements and activities, saying he has extensive ties to Afghanistan and his wife and children apparently live in Pakistan.

Zazi and others traveled to Pakistan in August 2008, leaving from New Jersey's Newark Liberty International Airport on a flight to Peshawar, Pakistan, via Geneva, Switzerland, and Doha, Qatar, the motion said. They traveled on Qatar Airlines Flight 84.

He returned from Peshawar to New York via John F. Kennedy International Airport in January, according to the government. He was aboard Qatar Airlines Flight 83.

Zazi moved to Aurora shortly after returning and lived with family members, the government said. His father moved from New York to Aurora in July, and they moved in together.

His e-mail accounts were used in his plotting, the motion said, and federal agents found nine pages of computer images of handwritten notes containing bomb-making instructions on Zazi's computer. They had been sent to Zazi's e-mail accounts in June and July.

The notes mention that acetone is found in nail polish remover and hydrogen peroxide can be found in "Hair Salon 20-30%," and the "bomb-making notes contemplate heating the components in order to make them highly concentrated," according to the motion.

"The notes discuss formulations for mixing hydrogen peroxide with flour, and list ghee oil as a type of fuel that can be used to help initiate the explosive device," the government said.

In July and August, Zazi and others associated with him bought "unusually large quantities of hydrogen peroxide and acetone products from beauty supply stores" in Denver area, the government said.

On August 28, Zazi checked into an Aurora hotel suite, which had a stove. That same day he was seen on surveillance video purchasing 12 large bottles of "Ms K Liquid 40 Volume." He checked back into the same hotel suite on September 6-7. Testing later revealed the presence of acetone residue in the vent above the stove, the government said.

A search of his laptop showed that on September 8, Zazi looked at the Web site of a home improvement store near the Flushing neighborhood of Queens for muriatic acid, a diluted version of hydrochloric acid, the government said.

Zazi rented a car and the following day -- September 9 -- he started driving from Colorado to New York City with his laptop, the memo said. He had scheduled to return the car on September 14.

He arrived in Flushing on September 10 and then became suspicious that law enforcement was tracking him, according to the government. He purchased an airline ticket and returned to Denver on September 12.

He spent the night of September 10 at a Queens residence that had a scale with his fingerprints on it, the motion said. FBI experts said such a device could be used to weigh the elements needed in a bomb-making plot, according to the government.

In a related development, The Denver Post quoted a state counterterrorism official saying no additional arrests are expected in Colorado.

Colorado State Patrol Capt. Steve Garcia told the Post: "I'm convinced at this point, Colorado is not a target."

As for Afzali, his attorney, Ron Kuby, said the imam has "consistently cooperated" with police in previous investigations and now "feels ill-used."

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