David Hicks's charge sheet.pdf

8/14/2019 David Hicks's charge sheet.pdf

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MC FORM458 JAN 2007

CHARGE SHEETI. PERSONAL DATA

1.NAME OF ACCUSED:DAVID MATTHEW HICKS2. ALIASES OF ACCUSED:alkla David Michael Hicks, alkla Abu Muslim Australia, alkla Abu Muslim Austraili, alkla Abu MuslimPhilippine, alkla Muhammad Dawood3. ISN NUMBER OF ACCUSED LAST FOUR):0002

II. CHARGES AND SPECIFICATIONS4. CHARGE: VIOLATION OF SECTION AND TITLE OF CRIME IN PART 1V OF M.M.C.

SPECIFICATION:

See Attached Charges and Specifications.

Ill. SWEARING OF CHARGES

~ l ~ ~ k ~through IV of this MC Form 458 including the continuatior Block 11 are duplicate originals replacing misplaced originfala. G k

5a. NAME OF ACCUSER LAST, FIRST, MITubbs, II, Marvin, W.

i5d. SIGNATURE OF ACCU ERfl~hh -' 5e. DATE YWYMMDD)20070202AFFIDAVIT: Before me. the undersigned, authorized by law to administer oath in cases of this character, personally appeared the above namedaccuser the 2nd day of February 2007 ,and signed the foregoing charges and specifications under oath that helshe is a personsubject to the Uniform Code of Military Justice and that helshe has personal knowledge of or has investigated the matters set forth therein andthat the same are true to the best of hislher knowledge and belief.

Kevin M. Chenail Office of the Chief Prosecutor, OMCTyped Name of Officer Organization of Officer0-5 Commissioned Officer, U S Marine CorpsGrade Official Capacity to Administer Oath

c See R M.C. 307 b) must be commissioned officer)Signature

5b. GRADE0 - 4

5c. ORGANIZATION OF ACCUSEROffice of the Chief Prosecutor, OMC

AE 2(HicksPage 1 of 10


NAME OF ACCUSED:DAVID MATTHEW HICKS2 ALIASES OF ACCUSED:a/k/a David Michael Hicks, a/k/a Abu Muslim Australia, a/kla Abu Muslim Austraili, a/k/a Abu MuslimPhilippine, a/k/a Muhammad Dawood3. ISN NUMBER OF ACCUSED LAST FOUR): 2

II. CHARGES AND SPECIFICATIONS4. CHARGE: VIOLATION OF SECTION AND TITLE OF CRIME IN PART IV OF M.M.C.

SPECIFICATION:


III. SWEARING OF CHARGESSa NAME OF ACCUSER LAST, FIRST, MITubbs, II Marvin, W

5b GRADE 5c ORGANIZATION OF ACCUSER0 4 Office of the Chief Prosecutor, OMC

AFFIDAVIT: Before me, the u n e r s ~ authorized by law to administer oath in cases of this character, personally appeared the above namedaccuser the 2nd day of February 2 7 and signed the foregoing charges and specifications under oath that he/she is a personsubject to the Uniform Code of Military Justice and that he/she has personal knowledge of or has investigated the matters setforth therein andthat the same are t rue to the bes t of his/her knowledge and belief.

Kevin M ChenailTyped Name Officer

0 5Grade

Signature

Office of the Chief Prosecutor, OMCOrganization Officer

Commissioned Officer, U.S. Marine CorpsOfficml CapacffytoAdmmmwr OaMSee R.M.e. 307 b must be commissioned officer

Me FORM 458 JAN 2007Blocks I through IV of t h i sfo r Block I I are dupl ica te

Me ~ r m 458 i n c l ~ d i n g the o n t i n u t ~ s h e g1 na 15 rep lac >ng m1splaced o r i i n ~ s ~


1. NAME OF ACCUSED:DAVID MATTHEW HICKS2 ALIASES OF ACCUSED:a/k/a David Michael Hicks, a/k/a Abu Muslim Australia, a/kla Abu Muslim Austraili, a/k/a Abu MuslimPhilippine, a/k/a Muhammad Dawood3. ISN NUMBER OF ACCUSED (LAS T FOUR):0002

II. CHARGES AND SPECIFICATIONS4. CHARGE: VIOLATION OF SECTION AND TITLE OF CRIME IN PART IV OF M.M.C.

SPECIFICATION:


Sa NAME OF ACCUSER LAST, FIRST, MI)Tubbs, II Marvin, W.

III. SWEARING OF CHARGES5b GRADE 5c ORGANIZATION OF ACCUSER

0-4 Office of the Chief Prosecutor, OMC5d SIGNM,U))RE 0.:;;FCC ? ER / / 5e DATE (YVYYMMDD)

/ t r _ f l 20070202AFFIDAVIT: Before me. the undersigiied, authorized by law to administe r oath in cases of this character, personally appeared the above namedaccuser the 2nd day of February. 2007 and signed the foregoing charges and specifications under oath that he/she is a personsubject to the Uniform Code of Military Justice and that helshe has personal knowledge of or has investigated the matters set forth therein andthat the same are true to the best of his/her knowledge and belief.

Kevin M. ChanailTyped Name o Officer

0-5Grade

Signature

Me FORM 458 JAN 2007Blocks I through IV of t h i sfor Block I I are dupl ica te

Office of the Chief Prosecutor, OMCOrganization o Officer

Commissioned Officer, U.S. Marine CorpsOfficial Capacity to Administer OathSee R.M.e. 307 b) must be commissioned officer)

Me F ~ r m 458 i n c l ~ d i n g the c o n t i n u t ~ s h e eo g1 na I s r ep l ac10g m1 sp laced o r g i n ~ a 1s . S .


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M FORM 458 JAN 2007

IV. NOTICE TO THE ACCUSED

6 n February 2 , 2 7 the accused was notified of the charges against himlher (See R.M.C. 308).Kevin M. Chenail, LtCol, U.S. Marine Corps Office of the Chief Prosecutor,OMCTyped Name and Grade of Person Who Caused Organization of the Person Who CausedAccused to Be N otified of Charges Accused to Be Notified of Charges

9 /0 SignatureV. RECEIPT OF CHARGESBY CONVENING AUTHORITY

7. The sworn charges were received at 1000 hours, On Feb ' 07 , a t the Off ice of theConvening Authority for Military Commissions Arlington VA .

LocationFor the Conven ing Authority: Jennifer D . Young

Typed Name of O fficerCW3 USA

Grade

D SignatureVI. REFERRAL

Ba. DESIGNATION OF CONVENING AUTHORITYConvening Authority

n i n t o v ~ h nn 7Referred for trial to the (non)capital military commission convened by m ilitary commission conven ing order 07 0 1 dated1 March 7007

subject to the following instructions : See conti uat ion Sheet

< Command Order or Direction dXHnn l l s a n .T r m f n r d AuthoritvTyped Name and G rade of Officer Official Capacily of Officer Signingc4 mdk/. 1 0 U.S.C. Sec. 948hSignat

VII. SERVICE OF CHARGES

9. On I (caused to be) Sewed a copy these charges on the above named accused.

Typed Name of Trial Counsel Grade o Trial Counsel

Signature of Trial CounselFOOTNOTES

see R.M.C. 601 concerning instructions. If none, so state.Cr

Bb. PLACEArlington VA

8c. DATE YYYYMMDD)20070301


IV. NOTICE TO THE ACCUSED6 On February 2 2007 the accused was notified of the charges against himlher See R.M.C, 308),

Kevin M Chenail, LtCol, U.S. Marine Corps Office of the Chief Prosecutor, OMCTyped Name and Grade Person Who Caused Organization the Person Who CausedAccused to Be Notified Charges Accused to Be Notified Charges

7;; ~SignatureV. RECEIPT OF CHARGES BY CONVENING AUTHORITY

7 The sworn charges were received at 1000 hours, on 6 Feb. 07 at t h e O f f i c e o f t h eConvening A u t h o r i t y f or M i li t a ry Commissions A r l i n g t o n , V

LocationFor the Convening Authority: J e n n i f e r D. Young

Typed Name OfficerCW3 U07= GradeSignature

VI. REFERRAL8a. DESIGNATION OF CONVENING AUTHORITY 8b. PLACE 8c. DATE YYYYMMDD)Convening A u t h o r it y A r l in g t o n , V 200703012 l . n n r d n - o n h l i o h nn.

Referred for trial to the non)capital military commission convened by military commission convening order 07-01 d a t e d1 March 2007

subject to the following instructions: See C o n t i n u a t i o n Sheet

{ ' MxCommand Order or DirectionHoo SUSan T C r a w f o r d , V P O ; ncr A l l i - h o r ; TV~ J ~ O ~ f f l d a l a p a c n y o f f f l c e r S ~ n m g10 U.S.C. Sec. 948h

s i n t r /VII. SERVICE OF CHARGES

9 On , I caused to be served a copy these charges on the above named accused.

Typed Name Trial Counsel Grade Trial Counsel

Signature Trial CounselFOOTNOTES

See R.M,C,601 concerning instructions, If none, so state,Me FORM 458 JAN 2007

IV. NOTICE TO THE ACCUSED6, On February 2 2007 the accused was notified of the charges against himlher (See RM_C, 308),

Kevin M, Chenail l LtCol, U.S. Marine Cor 2s Office of the Chief Prosecutor, OMCTyped Name and Grade o Person Who Caused Organization o the Person Who CausedAccused to Be Notified o Charges Accused to Be Notified o Charges

Signature

V. RECEIPT OF CHARGES BY CONVENING AUTHORITY7, The sworn charges were received at 1000 hours. on 6 Feb. 07 at the Off ice o f the

Convening Author i ty fo r Mi l i t a ry Commissions, Arl ing ton VALocation

For the Convening Authority: Jenn i fe r D. Youn9:Typed Name o Officer

CW3, USA6 == GradeSignatureVI. REFERRAL

8a. DESIGNATION OF CONVENING AUTHORITY 8b. PLACE 8c. DATE (YYYYMMDD)Convening Author i ty Ar l ing ton VA 20070301A n n n i n - = ~ {:: l i A,h ?f l f t7L- LReferred for trial to the (non)capital military commission convened by military commisSion convening order 07-01 dated1 MaI:Qh 2QQ

subject to the following instructions : See CQDtinYa:t;ion S h e ~ t

{%' MxCommand Order or DirectionHeD SlIsan ,I Cr altlfor c Convenina Author i tv~ J ~ O : ; G ~ Official Capacity o Officer Signing10 U.S.C. Sec. 948h

s ign t rVII. SERVICE OF CHARGES

9_ On , I (caused to be served a copy these charges on the above named accused.

Typed Name o Trial Counsel Grade o Trial Counsel

Signature o Trial CounselFOOTNOTES

See RM,C, 601 concerning instructions, If none, so state,Me FORM 458 JAN 2007


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CONTINU ATION SHEET MC FORM 458 JAN 2007, Block V I ReferralIn the case of UNITED STATES OF AMERICA v. DAVID M ATTHEW H ICKSa/k/a David Michael Hicksa/k/a, Abu Mu slim Aus traliaa/k/a Abu Muslim Aus trailialWa Abu Muslim Philippinea/k/a Muhammad DawoodThe following charge and specifications are referred to trial by military comm ission:

Specifications 1 and 2 of C harge I, as amended, and C harge I.Other matters incorporated by reference in B lock 4 of M C F orm 458 pertaining to theaccused, including those sections entitled INTR OD UC TION , JU RIS DIC TIO N, andBACK GR OL ND are in the nature of a bill of particulars and are not referred to trial.The follow ing charge and specification are dismissed and a re not referred to trial:

The Specification of Charge I1 and Charge 11.This case is referred no n-capital.

Date J / 0 7 Convening ~ u t h o r i t ~for Military C omm issions


CONTINUATION SHEET - MC FORM 458 JAN 2007 Block VI ReferralIn the case ofUNITED STATES OF AMERICA v DAVID MATTHEW HICKSa/k/a David Michael Hicksa/k/a Abu Muslim Australiaa/k/a Abu Muslim Austrailia/k/a Abu Muslim Philippinea/k/a Muhammad DawoodThe following charge and specifications are referred to trial by military commission:

Specifications 1 and 2 ofCharge I as amended and Charge IOther matters incorporated by reference in Block 4 ofMC Form 458 pertaining to theaccused including those sections entitled INTRODUCTION JURISDICTION andBACKGROUND are in the nature of a bill of particulars and are not referred to trial.The following charge and specification are dismissed and are not referred to trial:

The Specification ofCharge II and Charge IIThis case is referred non-capital.

Convening Authoritycfor Military Commissions

CONTINUATION SHEET - MC FORM 458 JAN 2007, Block VI ReferralIn the case of UNITED STATES OF AMERICA v. DAVID MATTHEW HICKSa/k/a David Michael Hicksa/k/a, Abu Muslim Australiaa/k/a Abu Muslim Austrailia/k/a Abu Muslim Philippinea/k/a Muhammad DawoodThe following charge and specifications are referred to trial by military commission:

Specifications 1 and 2 of Charge I as amended, and Charge I.Other matters incorporated by reference in Block 4 ofMC Form 458 pertaining to theaccused, including those sections entitled INTRODUCTION , JURISDICTION , andBACKGROUND are in the nature of a bill of particulars and are not referred to trial.The following charge and specification are dismissed and are not referred to trial:

The Specification of Charge II and Charge II.This case is referred non-capital.

~ ~ ~ ~Convening Authoritye Jfor Military Commissions


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UNITED STATES OF AMERICA

DAVID MATTHEW HICKSak/a David Michael Hicksa k a Abu Muslim Australiaa/Wa Abu Muslim Austrailia/k/a Abu Muslim Philippinea/k/a Muhammad Dawood

CHARGES:

Providing Material Support for Terrorism;and,Attempted Murder in Violation of the Law of War

INTRODUCTION1. The accused, David Matthew Hicks (alkla David Michael Hicks, a/k/a Abu MuslimAustralia, aWa Abu Muslim Austraili, &a Abu Muslim Philippine, d kla MuhammadDawood; hereinafter Hicks ), is a person subject to trial by military commission forviolations of the law of war and other offenses triable by military commission, as an alienunlawful enemy combatant. At all times material to the charges:

JURISDICTION2. Jurisdiction for this military commission is based on Title 10 U.S.C. Sec. 948d, the MilitaryCommissions Act of 2006, hereinafter MCA; its implementation by the Manual forMilitary Commissions (MMC), Chapter 11, Rules for Military Commissions (RMC) 202 and203; and, the final determination of September 30,2004 by the Combatant Status ReviewTribunal (CSRT) that Hicks is an unlawful enemy combatant as a member of, or affiliated

with, al Qaeda.3 The charged conduct of the accused is triable by military commission.

BACKGROUND4. Hicks was born on August 7, 1975 in Adelaide, Australia.5. In or about May 1999, Hicks traveled to Tirana, Albania and joined the Kosovo LiberationArmy (KLA), a paramilitary organization fighting on behalf of Albanian Muslims. Hickscompleted basic military training at a KLA camp and engaged in hostile action before

returning to Australia.6 While in Australia, Hicks converted to Islam. In or about November 1999, he traveled toPakistan where, in early 2000, he joined a terrorist organization known as Lashkar-e Tayyiba(LET), meaning Army of the Righteous or Army of the Pure.

Page ofU.S. v. HICKS: Continuation of (MC Form 458) Charges and SpecificationsAE 2(HicksPage 4 of 10

UNITED STATES OF AMERICAv

DAVID MATTHEW HICKSaIk/a David Michael Hicksalk/a/ Abu Muslim Australiaa/k/a Abu Muslim Austrailia/k/a Abu Muslim Philippinea/k/a Muhammad Dawood

CH RGESProviding Material Support for Terrorism;and,Attempted Murder in Violation of the Law ofWar

INTRODUCTION1 The accused, David Matthew Hicks (alk/a David Michael Hicks, alk/a Abu MuslimAustralia, a/k/a Abu Muslim Austraili, alk/a Abu Muslim Philippine, a/k/a MuhammadDawood; hereinafter Hicks ), is a person subject to trial by military commission forviolations of the law ofwar and other offenses triable by military commission, as an alienunlawful enemy combatant. At all times material to the charges:

JURISDICTION2 Jurisdiction for this military commission is based on Title 10 U.S.C. Sec. 948d, the MilitaryCommissions Act 01 2006, hereinafter MCA; its implementation by the Manual forMilitary Commissions (MMC), Chapter II, Rules for Military Commissions (RMC) 202 and203; and, the final detennination ofSeptember 30, 2004 by the Combatant Status ReviewTribunal (CSRT) that Hicks is an unlawful enemy combatant as a member of, or affiliated

with, al Qaeda.3 The charged conduct of the accused is triable by military commission.

BACKGROUND4 Hicks was born on August 7 1975 in Adelaide, Australia.5 In or about May 1999, Hicks traveled to Tirana, Albania and joined the Kosovo Liberation

nny (KLA), a paramilitary organization fighting on behalfofAlbanian Muslims. Hickscompleted basic military training at a KLA camp and engaged in hostile action beforereturning to Australia.

6 While in Australia, Hicks converted to Islam. In or about November 1999, he traveled toPakistan where, in early 2000, he joined a terrorist organization known as Lashkar-e Tayyiba(LET), meaning Army of the Righteous or Anny of the Pure.

Page 3 01 9U.S. v HICKS: Continuation of (MC onn 458) Charges and Specifications

UNITED STATES OF AMERICAv.

DAVID MATTHEW HICKSaIk/a David Michael Hicksalk/a/ Abu Muslim Australiaa/k/a Abu Muslim Austrailia/kIa Abu Muslim Philippinea/kIa Muhammad Dawood

CHARGESProviding Material Support for Terrorism;and,Attempted Murder in Violation of the Law ofWar

INTRODUCTION1. The accused, David Matthew Hicks (alk/a David Michael Hicks, alk/a Abu MuslimAustralia, a/kIa Abu Muslim Austraili, alk/a Abu Muslim Philippine, a/k/a MuhammadDawood; hereinafter Hicks ), is a person subject to trial by military commission forviolations of the law ofwar and other offenses triable by military commission, as an alienunlawful enemy combatant. At all times material to the charges:

JURISDICTION2. Jurisdiction for this military commission is based on Title 10 U.S.C. Sec. 948d, the MilitaryCommissions Act of2006 hereinafter MCA; its implementation by the Manual forMilitary Commissions (MMC), Chapter II, Rules for Military Commissions (RMC) 202 and203; and, the final detennination ofSeptember 30, 2004 by the Combatant Status ReviewTribunal (CSRT) that Hicks is an unlawful enemy combatant as a member of, or affiliated

with, al Qaeda.3. The charged conduct of the accused is triable by military commission.

BACKGROUND4. Hicks was born on August 7 1975 in Adelaide, Australia.5. In or about May 1999, Hicks traveled to Tirana, Albania and joined the Kosovo Liberation

Anny (KLA), a paramilitary organization fighting on behalf ofAlbanian Muslims. Hickscompleted basic military training at a KLA camp and engaged in hostile action beforereturning to Australia.

6. While in Australia, Hicks converted to Islam. In or about November 1999, he traveled toPakistan where, in early 2000, he joined a terrorist organization known as Lashkar-e Tayyiba(LET), meaning Army of the Righteous or Anny of the Pure.

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a. The LET is the armed wing of Markaz ud Daawa wal Irshad(MDI), (a/k/a Markaz Jamata1 Dawa), a group formed by Hafiz Mohammed Saeed and others.b. The LET's known goals include violent attacks against property and nationals (bothmilitary and civilian) of India and other countries in order to occupy Indian-controlledKashmir and violent opposition of Hindus, Jews, Americans, and other Westerners.c. Starting around 1990, LET established training camps and guest houses, schools, andother operations primarily in Pakistan and Afghanistan for the purpose of training andsupporting violent attacks against property and nationals (both military and civilian) ofIndia and other countries.d. Since 1990, members and associates of LET have conducted numerous attacks onmilitary and civilian personnel and property in Indian-controlled Kashmir and India,itself.e. In 1998, Saeed called for holy war against the United States after LET members were

killed by United States missile attacks against terrorist training facilities in Afghanistan.f. On or about April 23,2000, in a bulletin posted on the internet, LET claimed that it hadrecently killed Indian soldiers and destroyed an Indian government building, both locatedin Indian-controlled Kashmir.g. On or about December 26,2001, the United States designated LET a Foreign TerroristOrganization pursuant to Section 2 19 of the Immigration and Nationality Act.

7 ARer joining LET, Hicks trained for two months at LET's Mosqua Aqsa camp in Pakistan.His training included weapons familiarization and firing, map reading and land navigation,and troop movement.8 Following training at Mosqua Aqsa, Hicks, along with LET associates, traveled to a borderregion between Pakistani-controlled Kashmir and Indian-controlled Kashmir, where heengaged in hostile action against Indian forces.9 In or about January 2001, Hicks, with assistance from LET, traveled to Afghanistan andattended a1 Qaeda training camps.

GENERAL ALLEGATlONS10. A1 Qaeda ( The Base ) was founded by Usama bin Laden and others in or about 1989 for the

purpose of opposing certain governments and officials with force and violence.11. Usama bin Laden is recognized as the mir (prince or leader) of a1 Qaeda.12. A purpose or goal of a1 Qaeda, as stated by Usama bin Laden and other a1 Qaeda leaders, isto support violent attacks against property and nationals (both military and civilian) of the

Page 4 of 9U.S. v. HICKS: Continuation of (MC Form 458) Charges and SpecificationsAE 2(Hicks

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a The LET is the anned wing ofMarkaz-ud-Daawa-wal-Irshad (MDI), a k a Markaz Jamatal Dawa), a group fonned by Hafiz Mohammed Saeed and others.

b. The LET s known goals include violent attacks against property and nationals (bothmilitary and civilian) ofIndia and other countries in order to occupy Indian-controlledKashmir and violent opposition of Hindus, Jews, Americans, and otherWesterners.c Starting around 1990, LET established training camps and guest houses, schools, andother operations primarily in Pakistan and Afghanistan for the purpose oftraining andsupporting violent attacks against property and nationals (both military and civilian) of

India and other countries.d Since 1990, members and associates of LET have conducted numerous attacks onmilitary and civilian personnel and property in Indian-controlled Kashmir and India,itself.e In 1998, Saeed called for holy war against the United States after LET members were

killed by United States missile attacks against terrorist training facilities in Afghanistan.f On or about April 23, 2000, in a bulletin posted on the internet, LET claimed that it hadrecently killed Indian soldiers and destroyed an Indian government building, both locatedin Indian-controlled Kashmir.g On or about December 26 2 1 the United States designated LET a Foreign TerroristOrganization pursuant to Section 219 of the Immigration and Nationality Act.

7 After joining LET, Hicks trained for two months at LET s Mosqua Aqsa camp in Pakistan.His training included weapons familiarization and firing, map reading and land navigation,and troop movement.8 Following training at Mosqua Aqsa, Hicks, along with LET associates, traveled to a borderregion between Pakistani-controlledKashmir and Indian-controlled Kashmir, where heengaged in hostile action against Indian forces.9 In or about January 2001, Hicks, with assistance from LET, traveled to Afghanistan andattended al Qaeda training camps.

GENERAL ALLEGAnONS1 Al Qaeda ( The Base ) was founded by Usama bin Laden and others in or about 1989 for the

purpose of opposing certain governments and officials with force and violence.11. Usama bin Laden is recognized as the m r (prince or leader) of al Qaeda.12 A purpose or goal ofal Qaeda, as stated by Usama bin Laden and other al Qaeda leaders, isto support violent attacks against property and nationals (both military and civilian) ofthe

Page 4 of9U.S. v HICKS: Continuation of (MC Fonn 458) Charges and Specifications

a The LET is the anned wing of Markaz-ud-Daawa-wal-Irshad (MDI), (a/k/a Markaz Jamatal Dawa), a group fonned by Hafiz Mohammed Saeed and others.

b. The LET's known goals include violent attacks against property and nationals (bothmilitary and civilian) ofIndia and other countries in order to occupy Indian-controlledKashmir and violent opposition of Hindus, Jews, Americans, and other Westerners.c Starting around 1990, LET established training camps and guest houses, schools, andother operations primarily in Pakistan and Afghanistan for the purpose oftraining andsupporting violent attacks against property and nationals (both military and civilian) of

India and other countries.d Since 1990, members and associates of LET have conducted numerous attacks onmilitary and civilian personnel and property in Indian-controlled Kashmir and India,itself.e In 1998, Saeed called for holy war against the United States after LET members were

killed by United States missile attacks against terrorist training facilities in Afghanistan.f On or about April 23, 2000, in a bulletin posted on the internet, LET claimed that it hadrecently killed Indian soldiers and destroyed an Indian government building, both locatedin Indian-controlled Kashmir.g On or about December 26 2001 the United States designated LET a Foreign TerroristOrganization pursuant to Section 219 of the Immigration and Nationality Act.

7 After joining LET, Hicks trained for two months at LET's Mosqua Aqsa camp in Pakistan.His training included weapons familiarization and firing, map reading and land navigation,and troop movement.8 Following training at Mosqua Aqsa, Hicks, along with LET associates, traveled to a borderregion between Pakistani-controlIed Kashmir and Indian-controlled Kashmir, where heengaged in hostile action against Indian forces.9 In or about January 2001, Hicks, with assistance from LET, traveled to Afghanistan andattended al Qaeda training camps.

GENERAL ALLEGAnONS10 Al Qaeda ( The Base ) was founded by Usama bin Laden and others in or about 1989 for the

purpose of opposing certain governments and officials with force and violence.11. Usama bin Laden is recognized as the mir (prince or leader) of al Qaeda.12 A purpose or goal ofal Qaeda, as stated by Usama bin Laden and other al Qaeda leaders, isto support violent attacks against property and nationals (both military and civilian) ofthe

Page 4 of9U.S. v HICKS: Continuation of (MC Fonn 458) Charges and Specifications


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CHAR GE I: VIOLATION O F SECTION AND TITLE OF CRIME INSECTION 950v(25) PROVIDING MATERIAL SUPPORT FOR TER RORlSM 3 / -22. SPECIFICA TION 1 In that the accused, David Matthew Hicks (a/k/a David Michael

Hicks, alkla Abu Muslim Australia, a k l a Abu Muslim Austraili, a/k/a Abu MuslimPhilippine, a/k/a Mu ham mad Daw ood; hereinafter Hicks ), a person subject to trial bymilitary com mission as an alien unlawful enem y combatant, did, in or around A fghanistan,from in or about December 200 0 through in or about Decem ber 200 1, intentionally providematerial sup port or resources to an international terrorist organization engaged in hostilitiesagainst the United States, namely a Qaeda, which the accused knew to be such anorganization that engaged , or engages, in terrorism, and, that the conduc t of the accused tookplace in the context o f and was a ssociated with an arm ed conflict, namely a1 Qaeda or itsassociated forces against the United States or its Coalition partners,23. That P aragraphs (10) through 21) of the General A llegations are realleged and incorporatedby reference for Specification 1 of Charge I.24. That the m aterial support or resources provided b y the accused, included, but w ere notlimited to, the following:

a. That in or about January 2001, Hicks traveled to Afghanistan, with the assistance ofLashka r-e Tayyiba (L ET), to include LET 'S recom mend ation, funding, and transportation,in order to attend a1 Qaeda terrorist training camps.b, That upon entering Afghanistan, Hicks traveled to Kand ahar where he stayed at an a1Qaeda guest house and met Richard Reid ( Abdul Jabal ), Feroz Abbasi ( Abu Abbas al-Britani ), and other associates or mem bers o f a1 Qaed a. Wh ile attending a1 Qaed a's

training, Hicks wo uld use the kunya or alias, Abu Muslim Austraili, amon g others.c. That Hicks then traveled to and trained at a1 Qaed a's a1 Farouq cam p located outsideKan dahar, Afgh anistan. In a1 Qaed a's eight-week basic training course, Hicks trained inweap ons familiarization and firing, land mines, tactics, topograp hy, field movem ents,basic explosives, and o ther areas.d. That in or about April 2001, Hicks returned to a1 Farouq and trained in a1 Qaeda 'sguerilla warfare and mountain tactics training course. This seven-week course included:marksmanship; small team tactics; ambush; camouflage; rendezvous techniques; andtechniques to pass intelligence to a1 Qaed a op eratives.e. That while Hicks was training at a1 Farouq , Usam a bin Laden visited the camp on severaloccasions. During one visit, Hicks expressed to bin Laden his concern over the lack ofenglish a1 Qaeda training material.f. That after Hicks comp leted his first two a1 Qaeda training courses, Mu hamm ad Atef(&/a Abu Hafs a Masri), then the military comm ander of a1 Qaed a, summ oned and

Page 6 of 9U.S. v. HICK S: Continuation of (MC Form 458 Charges and Specifications


CHARGE I: VIOLATION OF SECTION AND TITLE OF CRIME IN PART IV OF M.M.C:S-/SECTION 950v(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM 3

22. SPECIFICATION I: In that the accused, David Matthew Hicks (alk/a David MichaelHicks, a1k a Abu Muslim Australia, alkJa Abu Muslim Austraili, alk/a Abu MuslimPhilippine, alk/a Muhammad Dawood; hereinafter Hicks ), a person subject to trial bymilitary commission as an alien unlawful enemy combatant, did, in or around Afghanistan,from in or about December 2000 through in or about December 2001, intentional1y providematerial support or resources to an international terrorist organization engaged in hostilitiesagainst the United States, namely al Qaeda, which the accused knew to be such anorganization that engaged, or engages, in terrorism, and, that the conduct of the accused tookplace in the context of and was associated with an armed conflict, namely al Qaeda or itsassociated forces against the United States or its Coalition partners.23. That Paragraphs l0 through (21) of the General Allegations are realleged and incorporated

by reference for Specification 1 ofCharge I.24. That the material support or resources provided by the accused, included, but were notlimited to, the following:

a That in or about January 2001, Hicks traveled to Afghanistan, with the assistance ofLashkar-e Tayyiba (LET), to include LET s recommendation, funding, and transportation,in order to attend al Qaeda terrorist training camps.b. That upon entering Afghanistan, Hicks traveled to Kandahar where he stayed at an alQaeda guest house and met Richard Reid ( Abdul Jabal ), Feroz Abbasi ( Abu Abbas alBritani ), and other associates or members of al Qaeda. While attending al Qaeda s

training, Hicks would use the kunya or alias, Abu Muslim Austraili, among others.c That Hicks then traveled to and trained at al Qaeda s al Farouq camp located outsideKandahar, Afghanistan. In al Qaeda s eight-week basic training course, Hicks trained inweapons familiarization and firing, land mines, tactics, topography, field movements,basic explosives, and other areas.d That in or about April 2001, Hicks returned to al Farouq and trained in al Qaeda sguerilla warfare and mountain tactics training course. This seven-week course included:marksmanship; small team tactics; ambush; camouflage; rendezvous techniques; andtechniques to pass intelligence to al Qaeda operatives.e That while Hicks was training at al Farouq, Usama bin Laden visited the camp on severaloccasions. During one visit, Hicks expressed to bin Laden his concern over the lack ofenglish al Qaeda training material.f. That after Hicks completed his first two al Qaeda training courses, Muhammad Atef(alk/a Abu Hafs al Masri), then the military commander of al Qaeda, summoned and

Page 6 of9U.S. v HICKS: Continuation of (MC Form 458) Charges and Specifications

~ ~CHARGE I: VIOLATION OF SECTION AND TITLE OF CRIME IN P:ART IV OF M.M.C:S-/, 7SECTION 950v(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM 3'

22. SPECIFICATION 1: In that the accused, David Matthew Hicks (a/k/a David MichaelHicks, a1k/a Abu Muslim Australia, alkJa Abu Muslim Austraili, a/k/a Abu MuslimPhilippine, a/k/a Muhammad Dawood; hereinafter Hicks ), a person subject to trial bymilitary commission as an alien unlawful enemy combatant, did, in or around Afghanistan,from in or about December 2000 through in or about December 2001, intentionally providematerial support or resources to an international terrorist organization engaged in hostilitiesagainst the United States, namely al Qaeda, which the accused knew to be such anorganization that engaged, or engages, in terrorism, and, that the conduct of the accused tookplace in the context of and was associated with an armed conflict, namely al Qaeda or itsassociated forces against the United States or its Coalition partners.23. That Paragraphs (10) through (21) of the General Allegations are realleged and incorporated

by reference for Specification 1 ofCharge I.24. That the material support or resources provided by the accused, included, but were notlimited to, the following:

a That in or about January 2001, Hicks traveled to Afghanistan, with the assistance ofLashkar-e Tayyiba (LET), to include LET's recommendation, funding, and transportation,in order to attend al Qaeda terrorist training camps.b. That upon entering Afghanistan, Hicks traveled to Kandahar where he stayed at an alQaeda guest house and met Richard Reid ( Abdul Jabal ), Feroz Abbasi (,'Abu Abbas alBritani ), and other associates or members of al Qaeda. While attending al Qaeda's

training, Hicks would use the kunya or alias, Abu Muslim Austraili, among others.c That Hicks then traveled to and trained at al Qaeda's al Farouq camp located outsideKandahar, Afghanistan. In al Qaeda's eight-week basic training course, Hicks trained inweapons familiarization and firing, land mines, tactics, topography, field movements,basic explosives, and other areas.d That in or about April 2001, Hicks returned to al Farouq and trained in al Qaeda'sguerilla warfare and mountain tactics training course. This seven-week course included:marksmanship; small team tactics; ambush; camouflage; rendezvous techniques; andtechniques to pass intelligence to al Qaeda operatives.e That while Hicks was training at al Farouq, Usama bin Laden visited the camp on severaloccasions. During one visit, Hicks expressed to bin Laden his concern over the lack ofenglish al Qaeda training material.f. That after Hicks completed his first two al Qaeda training courses, Muhammad Atef(alk/a Abu Hafs al Masri), then the military commander of al Qaeda, summoned and

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individually interviewed certain attendees, Hicks was interviewed about: hisbackground; knowledge of Usama bin Laden; a1 Qaeda; his ability to travel around theworld, to include Israel; and his willingness to go on a martyr mission. After thisinterview, Muhammed Atef recommended Hicks for attendance at a1 Qaeda's urbantactics training course at Tarnak Farm.g. That in or about June 2001, Hicks traveled to Tarnak Farm and participated in thiscourse. A mock city was located inside the camp, where trainees were taught how tofight in an urban environment. This city tactics training included: marksmanship; use ofassault and sniper rifles; rappelling; kidnapping techniques; and assassination methods.h. That in or about August 2001, Hicks participated in an advanced a1 Qaeda course oninformation collection and surveillance at an apartment in Kabul, Afghanistan. Thiscourse included practical application where Hicks and other student operatives conductedsurveillance of various targets in Kabul, including the American and British Embassies.This surveillance training included weeks of: covert photography; use of dead drops; useof disguises; drawing diagrams depicting embassy windows and doors; documentingpersons coming and going to the embassy; and, submitting reports to the a1 Qaedainstructor who cited the a1 Qaeda bombing of the USS Cole as a positive example of theuses for their training. During this training, Hicks personally collected intelligence on theAmerican Embassy.i. That during the surveillance course, Richard Reid ( Abdul Jabal ) visited on two separateoccasions. ARer the course, Hicks returned to Kandahar airport, where Abdul Jabaltaught a class on the meaning ofj ihad. Hicks also received instruction fi-om other a1Qaeda members or associates on their interpretation of Islam, the meaning andobligations of jihad, and related topics, at other a1 Qaeda training camps in Afghanistan.j That on or about September 9,2001, Hicks traveled to Pakistan to visit a fi-iend. While atthis fnend's house, Hicks watched television footage of the September 11,2001 attackson the United States, and expressed his approval of the attacks.k. That on or about September 12,2001, Hicks returned to Affianistan and, again, joinedwith a1 Qaeda. Hicks had heard reports that the attacks were conducted by a1 Qaeda andthat America was blaming Usama bin Laden.1. That upon arriving in Kandahar, Afghanistan, Hicks reported to Saif al Adel, then aQaeda's deputy military commander and head of the security committee for a1 Qaeda'sshura council, who was organizing a1 Qaeda forces at locations where it was expected

there would be fighting against the United States, Northern Alliance, or other Coalitionforces. Hicks was given a choice of three different locations (city, mountain, or airport),and he chose to join a group of a1 Qaeda fighters near the Kandahar Airport.m. That Hicks traveled to the Kandahar Airport and was issued an Avtomat Kalashnikova1947 (AK-47) automatic rifle. On his own, however, Hicks armed hmself with six 6)

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individually interviewed certain attendees. Hicks was interviewed about: hisbackground; knowledge ofUsama bin Laden; al Qaeda; his ability to travel around theworld, to include Israel; and his willingness to go on a martyr mission. After thisinterview, Muhammed Atefrecommended Hicks for attendance at al Qaeda s urbantactics training course at Tarnak Farm.g That in or about June 2001, Hicks traveled to Tamak Farm and participated in thiscourse. A mock city was located inside the camp, where trainees were taught how tofight in an urban environment. This city tactics training included: marksmanship; use ofassault and sniper rifles; rappelling; kidnapping techniques; and assassination methods.h That in or about August 2001, Hicks participated in an advanced al Qaeda course oninformation collection and surveillance at an apartment in Kabul, Afghanistan. Thiscourse included practical application where Hicks and other student operatives conductedsurveillance ofvarious targets in Kabul, including the American and British Embassies.This surveillance training included weeks of: covert photography; use of dead drops; use

of disguises; drawing diagrams depicting embassy windows and doors; documentingpersons coming and going to the embassy; and, submitting reports to the al Qaedainstructor who cited the al Qaeda bombing of the USS Cole as a positive example of theuses for their training. During this training, Hicks personally collected intelligence on theAmerican Embassy.

That during the surveillance course, Richard Reid ( Abdul Jabal ) visited on two separateoccasions. After the course, Hicks returned to Kandahar airport, where Abdul Jabaltaught a class on the meaning ofjihad Hicks also received instruction from other alQaeda members or associates on their interpretation of Islam, the meaning andobligations ofjihad and related topics, at other al Qaeda training camps in Afghanistan. That on or about September 9, 2001, Hicks traveled to Pakistan to visit a friend. While atthis friend s house, Hicks watched television footage of the September 11, 2001 attackson the United States, and expressed his approval of the attacks.k That on or about September 12, 2001, Hicks returned to Afghanistan and, again, joinedwith al Qaeda. Hicks had heard reports that the attacks were conducted by al Qaeda andthat America was blaming Usama bin Laden. That upon arriving in Kandahar, Afghanistan, Hicks reported to aifal Adel, then alQaeda s deputy military commander and head of the security committee for al Qaeda sshura council, who was organizing al Qaeda forces at locations where it was expected

there would be fighting against the United States, Northern Alliance, or other Coalitionforces. Hicks was given a choice of three different locations (city, mountain, or airport),and he chose to join a group of al Qaeda fighters near the Kandahar Airport.m. That Hicks traveled to the Kandahar Airport and was issued an Avtomat Kalashnikova1947 (AK-47) automatic rifle. On his own, however, Hicks armed himselfwith six (6)


individually interviewed certain attendees. Hicks was interviewed about: hisbackground; knowledge ofUsama bin Laden; al Qaeda; his ability to travel around theworld, to include Israel; and his willingness to go on a martyr mission. After thisinterview, Muhammed Atefrecommended Hicks for attendance at al Qaeda's urbantactics training course at Tarnak Farm.g That in or about June 2001, Hicks traveled to Tamak Farm and participated in thiscourse. A mock city was located inside the camp, where trainees were taught how tofight in an urban environment. This city tactics training included: marksmanship; use ofassault and sniper rifles; rappelling; kidnapping techniques; and assassination methods.h That in or about August 2001, Hicks participated in an advanced al Qaeda course oninformation collection and surveillance at an apartment in Kabul, Afghanistan. Thiscourse included practical application where Hicks and other student operatives conductedsurveillance ofvarious targets in Kabul, including the American and British Embassies.This surveillance training included weeks of: covert photography; use of dead drops; use

of disguises; drawing diagrams depicting embassy windows and doors; documentingpersons coming and going to the embassy; and, submitting reports to the al Qaedainstructor who cited the al Qaeda bombing of the USS Cole as a positive example of theuses for their training. During this training, Hicks personally collected intelligence on theAmerican Embassy.

1 That during the surveillance course, Richard Reid ( Abdul Jabal ) visited on two separateoccasions. After the course, Hicks returned to Kandahar airport, where Abdul Jabaltaught a class on the meaning of ihad. Hicks also received instruction from other alQaeda members or associates on their interpretation of Islam, the meaning andobligations of ihad and related topics, at other al Qaeda training camps in Afghanistan.J That on or about September 9, 200 I, Hicks traveled to Pakistan to visit a friend. While atthis friend's house, Hicks watched television footage of the September 11, 2001 attackson the United States, and expressed his approval of the attacks.k That on or about September 12, 200 I, Hicks returned to Afghanistan and, again, joinedwith al Qaeda. Hicks had heard reports that the attacks were conducted by al Qaeda andthat America was blaming Usama bin Laden.1 That upon arriving in Kandahar, Afghanistan, Hicks reported to Saif al Adel, then alQaeda's deputy military commander and head of the security committee for al Qaeda'sshura council, who was organizing al Qaeda forces at locations where it was expected

there would be fighting against the United States, Northern Alliance, or other Coalitionforces. Hicks was given a choice of three different locations (city, mountain, or airport),and he chose to join a group of al Qaeda fighters near the Kandahar Airport.m. That Hicks traveled to the Kandahar Airport and was issued an A vtomat Kalashnikova1947 (AK-47) automatic rifle. On his own, however, Hicks armed himself with six (6)



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ammunition magazines 300 rounds of ammunition and three 3) grenades to use infighting the United States Northern Alliance and other Coalition forces.n. That on or about October 7, 2001 when the Coalition Forces Operation EnduringFreedom bombing campaign began Hicks had been at the Kandahar airport for abouttwo weeks and entrenched in the area where the initial military strikes occurred. At thissite other a1 Qaeda forces were in battle positions based a couple of hundred meters in alldirections and were under the direction of another a1 Qaeda leader.o. That on or about October 10 2001 after two nights of bombing Hicks was reassignedand joined an armed group outside the airport where he guarded a tank For about thenext week Hicks guarded the tank and every day received food drink and updates onwhat was happening from the a1 Qaeda leader in charge.p. That Hicks heard fighting was heavy at Mazar-e Sharif that Kabul would be next andthat western countries including the United States had joined with the NorthernAlliance.q. That Hicks implemented the tactics he had learned with a1 Qaeda and trained some of theothers positioned with him at Kandahar. After apparent resistance to his training and noenemy in sight at the time in Kandahar Hicks decided to look for another opportunity tofight in Kabul.r. That on or about October 17 2001 Hicks told the a1 Qaeda leader in charge of his plansand then traveled to Kabul Hicks also took his weapon and all his ammunition.s. That Hicks arrived in Kabul and met a fiiend from LET who requested Hicks go to thefront lines in Konduz with him and Hicks agreed.t. That on or about November 9 2001 Hicks and his LET friend arrived at Konduz the daybefore Mazar-e Sharif was captured by the Northern Alliance and U.S. Special Forces.Sometime after Hicks arrived at Konduz he went to the frontline outside the city for twohours where he joined a group of a1 Qaeda Taliban or other associated fightersincluding John Walker Lindh engaged in combat against Coalition forces. Hicks spenttwo hours on the frontline before it collapsed and was forced to flee. During the retreatHicks saw bullets flying and Northern Alliance tanks coming over the trenchesu That Hicks spent two to three days making his way back to Konduz while being chasedand fired upon by the Northern Alliance.v. That Hicks made it safely back to the city of Konduz where he approached some of theArab fighters and asked about their plans. The Arabs fighters said they were going backinto Konduz in order to fight to the death. Hicks instead decided to use his Australianpassport and flee to Pakistan.

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ammunition magazines, 300 rounds of ammunition, and three 3 grenades to use infighting the United States, Northern Alliance, and other Coalition forces.n That on or about October 7,2001, when the Coalition Forces, Operation EnduringFreedom, bombing campaign began, Hicks had been at the Kandahar airport for abouttwo weeks and entrenched in the area where the initial military strikes occurred. At thissite, other al Qaeda forces were in battle positions based a couple of hundred meters in alldirections, and were under the direction of another al Qaeda leader.o That on or about October 10,2001, after two nights of bombing, Hicks was reassignedand joined an armed group outside the airport where he guarded a tank. For about thenext week Hicks guarded the tank, and every day received food, drink, and updates onwhat was happening from the al Qaeda leader in charge.p That Hicks heard fighting was heavy at Mazar-e Sharif, that Kabul would be next, andthat western countries, including the United States, had joined with the NorthernAlliance.q That Hicks implemented the tactics he had learned with al Qaeda and trained some of theothers positioned with him at Kandahar. After apparent resistance to his training, and noenemy in sight at the time in Kandahar, Hicks decided to look for another opportunity tofight in Kabul.r That on or about October 17, 2001, Hicks told the al Qaeda leader in charge ofhis plans,and then traveled to Kabul. Hicks also took his weapon and all his ammunition.s That Hicks arrived in Kabul and met a friend from LET, who requested Hicks go to thefront lines in Konduz with him, and Hicks agreed. That on or about November 9,2001, Hicks and his LET friend arrived at Konduz, the daybefore Mazar-e Sharifwas captured y the Northern Alliance and U.S. Special Forces.Sometime after Hicks arrived at Konduz, he went to the frontline outside the city for twohours where he joined a group of al Qaeda, Taliban, or other associated fighters,including John Walker Lindh, engaged in combat against Coalition forces. Hicks spenttwo hours on the frontline before it collapsed and was forced to flee. During the retreat,Hicks saw bullets flying and Northern Alliance tanks coming over the trenches.u That Hicks spent two to three days making his way back to Konduz while being chasedand fired upon y the Northern Alliance.v That Hicks made it safely back to the city ofKonduz, where he approached some of theArab fighters and asked about their plans. The Arabs fighters said they were going backinto Konduz in order to fight to the death. Hicks, instead, decided to use his Australianpassport and flee to Pakistan.

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ammunition magazines, 300 rounds of ammunition, and three 3) grenades to use infighting the United States, Northern Alliance, and other Coalition forces.n That on or about October 7,2001, when the Coalition Forces, Operation EnduringFreedom, bombing campaign began, Hicks had been at the Kandahar airport for abouttwo weeks and entrenched in the area where the initial military strikes occurred. At thissite, other al Qaeda forces were in battle positions based a couple of hundred meters in alldirections, and were under the direction of another al Qaeda leader.o That on or about October 10,2001, after two nights of bombing, Hicks was reassignedand joined an armed group outside the airport where he guarded a tank. For about thenext week Hicks guarded the tank, and every day received food, drink, and updates onwhat was happening from the al Qaeda leader in charge.p That Hicks heard fighting was heavy at Mazar-e Sharif, that Kabul would be next, andthat western countries, including the United States, had joined with the NorthernAlliance.q That Hicks implemented the tactics he had learned with al Qaeda and trained some of theothers positioned with him at Kandahar. After apparent resistance to his training, and noenemy in sight at the time in Kandahar, Hicks decided to look for another opportunity tofight in Kabul.r That on or about October 17, 2001, Hicks told the al Qaeda leader in charge of his plans,and then traveled to Kabul. Hicks also took his weapon and all his ammunition.s That Hicks arrived in Kabul and met a friend from LET, who requested Hicks go to thefront lines in Konduz with him, and Hicks agreed.t That on or about November 9,2001, Hicks and his LET friend arrived at Konduz, the daybefore Mazar-e Sharifwas captured by the Northern Alliance and u S Special Forces.Sometime after Hicks arrived at Konduz, he went to the frontline outside the city for twohours where he joined a group of al Qaeda, Taliban, or other associated fighters,including John Walker Lindh, engaged in combat against Coalition forces. Hicks spenttwo hours on the frontline before it collapsed and was forced to flee. During the retreat,Hicks saw bullets flying and Northern Alliance tanks coming over the trenches.u That Hicks spent two to three days making his way back to Konduz while being chasedand fired upon by the Northern Alliance.v That Hicks made it safely back to the city of Konduz, where he approached some of theArab fighters and asked about their plans. The Arabs fighters said they were going backinto Konduz in order to fight to the death. Hicks, instead, decided to use his Australianpassport and flee to Pakistan.

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w. That Hicks then moved secretly within Konduz to a madafah an Arab safe house. Hickswrote the Arabs a letter that said not to come look for him because he was okay, and leftthe safe house. At this time Hicks still had his weapon, and moved again, secretly, toanother house where he stayed for about three weeks. Later, a man who spoke someenglish helped Hicks sell his weapon so he could flee to Pakistan.x That in or about December 2001, one week after the control of Konduz changed from theTaliban to the Northern Alliance, Hicks took a taxi and fled towards Pakistan. However,Hicks was captured by the Northern Alliance in Baghlan, Afghanistan.

25. SPECIFICATION 2: In that the accused, David Matthew Hicks (a/k/a David MichaelHicks, aMa Abu Muslim Australia, a/k/a Abu Muslim Austraili, aMa Abu MuslimPhilippine, aMa Muhammad Dawood; hereinafter Hicks ), a person subject to trial bymilitary commission as an alien unlawful enemy combatant, did, in or around Afghanistan,from in or about December 2000 through in or about December 2001, provide materialsupport or resources to be used in preparation for, or in carrying out, an act of terrorism, thatthe accused knew or intended that the material support or resources were to be used for thosepurposes, that the conduct of the accused took place in the context of and was associated withan armed conflict, namely a1 Qaeda or its associated forces against the United States or itsCoalition partners.26. That paragraphs (10) through (2 1) of the General Allegations are realleged and incorporatedby reference for Specification 2 of Charge I27 That paragraph 24 and its subparagraphs (a) through (x) of Specification are realleged andincorporated by reference for Specification 2 of Charge I

28. SPECIFICATION (a/k/a David Michael Hicks,aM a Abu Muslim Australia, aMa Abu Mus a Abu MuslimPhilippine, a M erson subject to trial bymilitary commis or around Afghanistan,from on or about 2001, attempt tocommit murder i s fire, explosives, orother means and United States, Northernoalition forces, while the accused was without combatant immunity as anbatant who was part of, or supporting, a1 Qaeda, Taliban, or associatedtilities against the United States or its Coalition partners, and that thed took place in the context of and was associated with an armed

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w That Hicks thenmoved secretly within Konduz to a m d f h an Arab safe house. Hickswrote the Arabs a letter that said not to come look for him because he was okay, and leftthe safe house. At this time Hicks still had his weapon, and moved again, secretly, toanother house where he stayed for about three weeks. Later, a man who spoke someenglish helped Hicks sell his weapon so he could flee to Pakistan.x That in or about December 2001, one week after the control ofKonduz changed from theTaliban to the Northern Alliance, Hicks took a taxi and fled towards Pakistan. However,Hicks was captured by the Northern Alliance in Baghlan, Afghanistan.

25. SPECIFICATION : In that the accused, David Matthew Hicks (a/k/a David MichaelHicks, a/k/a Abu Muslim Australia, a/k/a Abu Muslim Austraili, a/k/a Abu MuslimPhilippine, a/k/a Muhammad Dawood; hereinafter Hicks ), a person subject to trial bymilitary commission as an alien unlawful enemy combatant, did, in or around Afghanistan,from in or about December 2000 through in or about December 2001, provide materialsupport or resources to be used in preparation for, or in carrying out, an act of terrorism, thatthe accused knew or intended that the material support or resources were to be used for thosepurposes, that the conduct of the accused took place in the context of and was associated withan armed conflict, namely al Qaeda or its associated forces against the United States or itsCoalition partners.26. That paragraphs (10) through (21) of the General Allegations are realleged and incorporated

by reference for Specification 2 ofCharge 27. That paragraph 24 and its subparagraphs (a) through (x) of Specification I are realleged andincorporated by reference for Specification 2 ofCharge

SECTION 950t ATTEMPTED MURDER IN VIOLATION OF TH28. SPECIFICATION: In that the accused, David Matthe c s (a/k/a David Michael Hicks,a/k/a Abu Muslim Australia, a/k/a Abu Mus ustraili, a/k/a Abu MuslimPhilippine, a/k/a Muhammad Dawood reinafter Hicks ), a person subject to trial bymilitary commission as an alien un I enemy combatant, did, in or around Afghanistan,from on or about September 1 , 001, through in or about December 2001, attempt tocommit murder in violaf of the law ofwar, by directing small arms fire, explosives, orother means and m ods, with the intent to kill divers persons of the United States, NorthernAlliance, or 0 Coalition forces, while the accused was without combatant immunity as anunlawful emy combatant who was part of, or supporting, al Qaeda, Taliban, or associated

force ngaged in hostilities against the United States or its Coalition partners, and that theco uct of the accused took place in the context of and was associated with an armed


w That Hicks then moved secretly within Konduz to a madafah an Arab safe house. Hickswrote the Arabs a letter that said not to come look for him because he was okay, and leftthe safe house. At this time Hicks still had his weapon, and moved again, secretly, toanother house where he stayed for about three weeks. Later, a man who spoke someenglish helped Hicks sell his weapon so he could flee to Pakistan.x That in or about December 2001, one week after the control ofKonduz changed from theTaliban to the Northern Alliance, Hicks took a taxi and fled towards Pakistan. However,Hicks was captured by the Northern Alliance in Baghlan, Afghanistan.

25. SPECIFICATION 2: In that the accused, David Matthew Hicks (a/k/a David MichaelHicks, a/k/a Abu Muslim Australia, a/k/a Abu Muslim Austraili, a/k/a Abu MuslimPhilippine, a/k/a Muhammad Dawood; hereinafter Hicks ), a person subject to trial bymilitary commission as an alien unlawful enemy combatant, did, in or around Afghanistan,from in or about December 2000 through in or about December 200 l, provide materialsupport or resources to be used in preparation for, or in carrying out, an act of terrorism, thatthe accused knew or intended that the material support or resources were to be used for thosepurposes, that the conduct of the accused took place in the context of and was associated withan armed conflict, namely al Qaeda or its associated forces against the United States or itsCoalition partners.26. That paragraphs (10) through (21) of the General Allegations are realleged and incorporated

by reference for Specification 2 ofCharge I27. That paragraph 24 and its subparagraphs (a) through (x) of Specification 1 are reaUeged andincorporated by reference for Specification 2 ofCharge I

SECTION 950t ATTEMPTED MURDER IN VIOLATION OF TH28. SPECIFICATION: In that the accused, David Matthe 'c s (a/k/a David Michael Hicks,a/k/a Abu Muslim Australia, a/k/a Abu Mus ustraili, a/k/a Abu MuslimPhilippine, a/k/a Muhammad Dawood' reinafter Hicks ), a person subject to trial bymilitary commission as an alien un I enemy combatant, did, in or around Afghanistan,from on or about September 1 , 001, through in or about December 2001, attempt tocommit murder in violaf of the law ofwar, by directing small arms fire, explosives, orother means and m ods, with the intent to kill divers persons of the United States, NorthernAlliance, or 0 Coalition forces, while the accused was without combatant immunity as anemy combatant who was part of, or supporting, al Qaeda, Taliban, or associated

force ngaged in hostilities against the United States or its Coalition partners, and that theuct of the accused took place in the context of and was associated with an armed

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David Hicks's charge sheet.pdf

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