Civil Liberties Online

United States v. Goba, 240 F. Supp. 2d 242 (W.D.N.Y. 2003)

Prosecutorial Tools: Sharpening the Government's Prosecutorial Tools against Terrorism

PART B: Increasing Government's Ability to Prosecute Acts that Support Terrorism

In October 2002, four defendants were indicted on two counts: one for conspiring to knowingly provide material support and resources to al-Qaeda and one for each defendant of knowingly and unlawfully providing material support and resources to al-Qaeda.  A United States magistrate judge ordered pre-trial detention for the four defendants.  Upon review, this court upheld the detention order, finding that the case surrounded a “crime of violence” and therefore detention was necessary to prevent flight and danger.  The court relied on United States v. Lindh, 212 F. Supp.2d 541 (E.D. Va. 2002) to conclude that knowingly providing material support and resources to al-Qaeda is a crime of violence both as a conspiracy and a substantive offense.  Therefore, the defendants could be lawfully detained prior to trial.