Case 1 :Q5cr-00337 Document 5 Filed 09/09/2005 Page 1 of 6

UMXED STA4TES DLSTRICT COURT FORTHE DLSTRTCT OF COLUMBIA

Holding a Criminal Term

Grand Jttn Swotn in on April 29,2005

r. 3 3

?%%SAM AL D E W M n , 3 also known as 1 WTSAM hTALAF CT!AYED QELiEME, )

S Defendant 1

3 1 1 E 3 1 1 1 1 1 1 E E

The Grand Jury Charges that:

YIolations: 1% U.S.C. 5 2332@)(2) (Conspiracy to Murder United States Wationds OubIdc tbe United States) 18 U.S.C. 2332 a(a) (1)&(,1) (Conspiracy to Z'sc a Weapon of Mass Uestmcthm) 1s u*s.c. 8Wi)(Z)&(n) (Conspiracy to MalicionsIy Damqc ar Destroy U.S. Government proper-& by Means of an Explosive) 18 U.S.C. §$922yc>(1){.4)&@)(ii)l (Possession of a Des truccive Device During a Crime of Violence) l S U.S.C. 9 924(0) (Coaspbcy to Possess a Destmctive Dm-icc Paring a Crime of Violence) 18 U.S.C. 8 842@)(Z)(A) (Teaching or Demonstrating the Makhg or Usc of Rn Erplusive with Jhtent to Further a Crime of Violence) 18 U.S.C. 8 2 (Aiding and Abettlng and Canshg an

CLERK, V.S. DISTRICT COUm DISTRICT OF COLUfdBlA

At a11 times materid to this Indictwent:

Case 1 :05-cr-00337 Document 5 Filed 0910912005 Page 2 of 6 .,' . .

=

I. All of the acts referred to in fhis Indimmt were committed in Iraq m6 elsewhe#.

ontside of the jurisdiction of my particular state or distsict of the United Statcs, bat within the

cxhtmitorizl jurisdiction of the United States an4 Lhmfbre, ppursuant to Tit1 e 1 8, Waited S btes

Code, Section 323&,~~t~thevenueof&eUnitedStates District Court fortheDisbictaf Columbia ---. - -- - -. - - -

2. The defendant in this case is W ~ a m Al Delaema, also known as JVesam Khalaf

Chayed Delaeme, hereinafter referred 10 = x'defendant Del aema,"

3. From in m about October 2002 through on or about Mzy 2, 2005, in Iraq and

elsm.heae outside the United States, defendant Dclacma did knowingly and intentionally combine,

canspire, confiderate and agree with other coconspirators, both h o r n and u d m m to the Grand

Jury, to commit a killins that is m d e r as dehed in Tide 18, United Statcs Codc, Stction 1 1 Il(a),

of Uni t d States nationals outside the United States.

4. h f h t h m c e of the aromaid conspimy and to accomplish the object Ulmf,

defendant Delaerna, together with his co-conspirators, both h o r n and mhown to the Grand Jury,

committed the follosing overt acb, among others:

a Tn or about October 2003, defendant DeIaerns traveled fiwm rbe N&erIands

ta an arm in or around Faflujah, Iraq.

known and mlanow to the G m d Jury, calling themselves the "CrvInjahidm

from Falluj&" declared their intentiom to kill Americans in Iraq using

destnrctive devices and other means.

C. In or about Octobcr2003, defendant Delaema md other co-~onspirators, both

known and udmorw to the: Grand Jury, hid desm~live daices 2mCE wires jR

Case 1:05-cr-00337 Document 5 Filed 0910912005 Page 3 of 6 .I . *

a mad in w mmd Fallujah, Tmq*

d. In or about October 2003, defendant DeIaem a md other co-conspitatoss, 50th

h o u n and unknown to the Trrand Jw, discussd and d e m o m t e d the way

in which the dcsmctive d d c t s that they had baried in a mad in or mund - - - - - - - -

FdlIujah, Traq, ~voutd bc detonated and m u 1 d destroy the ,4mm'caa vehicles

driving on the mad and kiIE the American occupants of those vehicles.

e. En or about October 2003, defendant Delaema made video Imagcs ofhimself

md his mzonspiratm, boih hc rn md w h o m - n to the GTand Jwy,

documenting their intentions to kill PLmecans in Iraq and their acts in

fmlhmmce of sheit conspiracy to kill he i rcans in hq, including biding

dmtmctive devices in a road in m: around FaUujah, Traq,

f. From in or ahout September 2044 thou@ on or about May 2,2005, defendant

Delaema dimscd tvizh cMxmspi~alors, both homm and u&oap 10 the

Grand Jury, and o ~ m attacks against Americans in Iraq-

. On or about May 2, 2005, defendant Delaema possessed tidm images of

himself and his co-con.spirators, both h o r n and mknown to &e Grand J ~ J I ,

documenting their intentions to kill hmen'cans in Iraq and theis acts in

furtherance ortheir conspimy to kill .Americans in hq, including hiding

destructive rlevicm in a road in or around FalPujah, Iraq.

(Conspiracy to Murder United States Yationds Outside the United States, in r.iolation of Title 18: United States Code, Sections 2332@)(2))

Case T:85-cr-00337 Dacurnent 5 Filed 0910912005 Page 4 of 6

C O W TWO

1, P m p Z l s * One, Two and Fotu of Count One of this hdictmeat arrr hereby

inwrporatd by reference s i f fully m l l e g d and restated hewin.

2. In or about Oclobw 2003, in ltaq and eIsm%ere outside the C'nited States. defendant - .--.- . - - - . . . . . -. .

Del oema &d howin@ y and btentiond ly combine, coa'pbe. codedmte and agee 11% 0 t h CO-

conspirators, b o b h a m and utlknotvn ta h e Grand Jury, rii thout laufil authority, lo use a weapon

of mass damdon, III~~ is, a d m c t i v e device, against a nationzl of the united Setztes while such

national wasclutsideoftheUnitd States and against prop* that was o m 4 ladmdused by the

(Gaaspirac\l l o Use a-Weapon of Brass Destruction, in vialation oFTitle I 8, United Statcs Code, S d o n 23 3 2a(a)( 1)&(3))

COURT THREE

I . Para-mphs One, Two md Four of Camt One of this Tndictmmt are hereby

incorporated by t t fmcc as if fuUy d c ~ e d aad restated herein.

2. En or abut Octobm 2003, in lraq and elsmhttc outside the United States, defendant

Delaema did Zmowgly and inten5onalIy combix, conspire, con fedmte and agree with ohm co-

conspirators, hoth 1 4 1 0 ~ ~ and H r l m o ~ ~ to the Grand Jury> maliciaus1y ta damage artd dcmoy, by

means of an exp losim, any vel~iclc O ~ T I ed, l m ~ d and possessed by the Cfnited States. md by any

dqmtmenlt and agency thereof, and, as a result, c m t d B substenrial risk of injury to any p e w .

(Conspirnq to MaIkioasly Dama~e or Destroy U.S. Go~emmmt Property By Means of an Explosive, in riolation or Title 15, Urded States Code, Sections 844(f)(2)k(n))

Case T :05-cr-00337 Document 5 Filed 09/09/2005 Page 5 of 6

COUNTFOUR

1 . Pzragq'hs One and Twu of Count One ofthis Indictment are bereby -inwrporatd by

rc f m c e as if fully mUegd and restated ha in .

2. horabola~ober2003,~T~,defeahtDelaemamdothers,ha~nandmhm - . - +--- - . - - * . . < . + . . - . . -. . -... -

to the b d Jury, hewindy possessed a fircm, that is, a destmctivc device, during, in relation to

and in Whetaace of a mime of vielcnce for which hc may be prosecuted h a corn of the Unitd

States, that is, mnspiracy to mmdcr a Wit& Stat= national outside the: &ired States, as set forth

in Count One of this bdictment, c ~ q i m y to use a wezlpon of mass destruction, zs set Sodh in Count

Ttwa of this hdjct3nmt, and conspiracy to maliciously damage OT dcstroy U.S. government propriy

by means of an explosive, as set forth in Comt k e of this Indictmat.

(Possession of a D w h ctive Device Dnrin g n Crime of Violence and Aiding and Abetthg and Causing itn Act to br: Donc, in violation of Title IS, Vnited Stares Code, Sections 924(cX ~ 5 ( A ) w 3 )CiQ and 2)

1. P m a r a ~ h s One, Two and Four of Count One of lhis Indictment are hereby

ineqorattd by reference as if fully reelleged and restated h&n.

3. ID or about October 2003, in I-, Eefend3rrtDelaema did knowinglyand btentiondly

wmbine, con~ i re , confederate and wee with ohm c~onsyirators, both know^^ and unknown ro

thc Grand Jury, to m d t an offense under Title 5 8, United Stats Code, Sectian 924(c), fhat is, to

possess a firem, thzt is, a desaucrive device, during, in relation to and in fid"lce o fa crime of

violence for which he may be prosecuted in a court of t4e Unitd States, that is, conspimy to murder

a United Stztes national outside the United States, as set hrth in Count Oae of this Indicteaent,

wnspiracy to use a weapon of m u s deswction, as sct forth in Count Two af this Tndictment, and

Case 1 :05-cr-00337 Document 5 Filed 0910912005 Page 6 of 6

campiracy to maliciously h a g e or C m y U.S. governram t property by mwns of an explosive, as

set forth in Count Three of this Indictment.

(CosspIracy to P w s s a Destradive Device: During a Crime of Viorence, in violation of Title 13, United States Code, Section 924Co))

1. Pmgmphs One and T ~ v e of Count One oft his hdjcmeat am hmby incurp~ratcd by

reference as if Mly realleged and m a t e d hemin.

2. Inosahut October2003, in Iraq, defendant Delaema and others, known md d m o t ~ m

to the Grand Jury, 33lowingIy taught and demonstrated the making and me of an explosive, a

destmctive device and a weapon of mass demction, with the intent that the teaching and

demomtmioa be wed for, and in M m c e of, an activity rhat constitutes a Federal mime or

vi olmce, that is, conspiracy to murder a U ~ t e d States mfional outside ihe United Stat-, as set f t h .

in COmt One a f thj s Indidment, wnspimcy to w e a weapon ofmass desmctj an, as set forth in Count

Two ;of this Indictment, and conspiracy to maliciously d m ~ c or d m y U.S. government properly

by mans of an explosive, as set forth ia Coat Tbree of &is Indictment.

(Teaching or Demonstrating the Making ar Use of an Eqlmivc with Intent to Further fi Crime of Violence and Aiding aid Abcrting and Cansing zn Act to he Dane, in viojation of Title 1 5, U n i t 4 State C d c , Sections P421g)(2)(A) and 2)

A I'RTW RILL

I % 4 k ~ L. bS,,4J& Attorney of the United States m and for rhe Dif ic t of Columbia