>> >>AMITA: WHO ARE THE FOUR SOMALI MEN ON TRIAL IN SAN DIEGO?
>> >>SANJAY BHANDARI: ONE OF THEM IS FROM ORANGE COUNTY, BUT THE THREE OF THEM ARE FROM
HERE.
TWO OF THEM ARE CAB DRIVERS.
ONE OF THEM WAS THE IMAM OF A LOCAL MOSQUE.
ONE OF THEM WAS AN EMPLOYEE OF A MONEY TRANSFER BUSINESS CALLED SHEDAL EXPRESS.
THE RECORDS OF THAT BUSINESS WILL BE IMPORTANT IN THAT CASE.
AS THE CHARGE IS PROVIDING MATERIAL SUPPORT TO TERRORISM AND THE MATERIAL SUPPORT IN THIS
CASE WAS MONEY THAT THE U.S. ATTORNEY ALLEGES WAS INTENDED TO SUPPORT A FOREIGN TERRORIST
ORGANIZATION AL SHABBAB.
>> >>AMITA: AND THE WIRE TAPS WHICH IS THE CRUX OF THE GOVERNMENT'S EVIDENCE THOSE RECORDED
BACK IN 2008.
>> >>RONNEE SCHREIBER: YES, FROM LATE 2007 TO ABOUT AUGUSTﾊ2008.
SO THEY STRATAL THE TIME PERIOD WHERE IN AL SHABBAB WAS A DESIGNATED TERRORIST ORGANIZATION.
SOME OF THE CHARGES REQUIRE THAT DESIGNATION HAD BEEN IN PLACE, AND SOME OF THE CHARGES
DON'T REQUIRE THAT.
THERE ARE BOTH TYPES OF CHARGES HERE.
>> >>AMITA: ABDI, I KNOW THAT WHEN THESE CHARGES WERE FIRST BROUGHT IN 2010, THE SOMALI COMMUNITY
FELT LIKE THEY WERE BEING SINGLED OUT.
SINCE THEN, U.S. ATTORNEY LAURA DUFFY HAS REACHED OUT TO THE COMMUNITY.
HOW CONFIDENT ARE LOCAL SOMALIS THAT THESE FOREIGN MEN ARE RECEIVING A FAIR TRIAL?
>> >>ABDI MOHAMOUD: I THINK TO A GREAT EXTENT THE COMMUNITY IS VERY MUCH APPRECIATIVE AND
KNOW THEY WILL GET A FAIR TRIAL AND U.S. ATTORNEY HAS HELD SEVERAL MEETINGS WITH THE COMMUNITY
WHERE THERE WAS DIALOGUE TOOK PLACE AND THE U.S. ATTORNEY BASICALLY TALKED ABOUT THE SYSTEM
AND HOW IT WORKS, AND HOW TRANSPARENT IT IS.
AND THAT THEY ARE NOT POLITICALLY MOTIVATED AND THAT THE COMMUNITY IS NOT BEING TARGETED.
AND SO I THINK THAT HELPED A GREAT DEAL.
BUT, YOU KNOW, THE FAMILY MEMBERS OF THESE DEFENDANTS OBVIOUSLY THEY'RE GOING TO BE VERY
ANXIOUS AND THEY HAVE YET TO SEE WHAT COMES OUT BUT THEY ARE VERY NERVOUS.
>> >>AMITA: SANJAY, THE CRUX OF THE GOVERNMENT CASE HERE IS BASED ON THESE SECRETLY RECORDED
CONVERSATIONS WIRE TAPS.
I BELIEVE TO THE DEFENDANTS ARE BOSALI MOHALIN.
MOHALIN IS HEARD TELLING MO MOHAMOUD THAT MONEY IS NEEDED FOR THE MEN WHO ARE FIRING
THE BULLETS.
HOW BIG A HURTLE ARE THESE WIRE TAPS FOR THE DEFENSE?
>> >>SANJAY BHANDARI: FOR BOSALI IN PARTICULAR, IT'S A VERY COMPELLING CASE PAINTED BY THE
WIRE TAPS.
THERE ARE A NUMBER OF ISSUES PRESENTEDﾊ SO CLEARLY IF THE WIRE TAPS ARE CREDITED,
THEY COME IN AS THE U.S. ATTORNEY SAYS THEY WOULD, THEN THAT WILL BE MOST LIKELY LEAD
TO A CONVICTION.
BUT WE HAVE FOUR DEFENDANTS HERE AND SO WE HAVE TO LOOK AT THE QUALITY AND QUANTITY OF
EVIDENCE AGAINST EACH ONE OF THEM.
IF THE EVIDENCE AGAINST BOSALI IS EXPLICIT YOU HAVE FAR MORE NUANCED AND CRYPTIC COMMUNICATIONS
IT AND THAT'S ALL YOU HAVE AS TO SOME OTHER DEFENDANTS.
THAT CAN BE THE SITUATION WHERE A WIRE TAP CUTS AGAINST YOUR CASE AGAINST ANOTHER DEFENDANT.
YOU ALSO HAVE THE PROBLEM HERE THAT THE WIRE TAPS ARE IN THE SOMALI LANGUAGE, THEY'RE NOT
IN ENGLISH, THE JURORS OBVIOUSLY DON'T SPEAK SOMALI.
SO THEY'RE GOING TO HAVE TO BE TRANSLATED.
THAT PROCESS TAKES AWAY SOME OF THE POWER OF PLAYING THE DEFENDANT'S OWN WORDS IN COURT.
IT ALSO RAISES ISSUES OF MISTRANSLATION WHICH AREﾊ AND SO IN ADDITION TO THE USUAL ISSUES
WHEN YOU PLAY WIRE TAP EVIDENCE OF TAKING EVIDENCE OUT OF CONTEXT YOU JUST PLAYED THIS
FIRST PART OF THE CALL, WHAT ABOUT THE LAST PART OF THE CALL WHERE MAYBE THE DEFENDANT
SAID SOMETHING THAT RAISES SOME DOUBT ABOUT WHAT THEIR TRUE INTENTION WAS.
>> >>AMITA: THE DEFENSE IS GOING TO BRING ALL OF THAT UP IN COURT.
ABDI, I WANT TO TALK TO YOU ABOUT THE SOMALI COMMUNITY IS KNOWN FOR SENDING MONEY BACK
HOME.
AND I WANT TO KNOW HOW BIG OF A DAMPER HAS THIS CASE PUT ON THAT ACTIVITY GIVEN THE FACT
THAT THESE FOUR GUYS ARE ACCUSED OF SENDING MONEY TO SOMALI THAT HAS PUT A CHILL ON THAT.
>> >>ABDI MOHAMOUD: YES, EVER SINCE SEPTEMBERﾊ11 OCCURRED, THERE HAS BEEN A WHOLE SERIES OF
LAWS THE FEDERAL GOVERNMENT HAS ENACTED WHICH PROVIDE PEOPLE SENDING MONEY TO BE MUCH MORE
TRANSPARENT TO KNOW WHO'S REALLY SENDING MONEY.
BUT AFTER THAT, I THINK THE U.S. ATTORNEY HAVE MADE IT VERY CLEAR THAT FOLKS ARE JUST
SENDING MONEY TO FAMILY WILL NOT BE HAMPERED AT ALL.
IT'S JUST PEOPLE THAT ARE SENDING IT TO ORGANIZATIONS THAT ARE BANNED OR DESIGNATED TERRORIST ORGANIZATIONS.
IN THAT SENSE, IT HAS NOT HAD A LOT OF AFFECT SO PEOPLE CAN STILL SEND MONEY TO THEIR FAMILIES.
>> >>AMITA: ABDI, SANJAY, WE'RE GOING TO HAVE TO WRAP IT THERE.
AND WE'RE GOING TO HAVE TO WATCH THIS TRIAL.
THANK YOU.
>> >>SANJAY BHANDARI: THANK YOU.
>> >>ABDI MOHAMOUD: THANK YOU.