The United States v. Adam Gadahn: A Case for Treason

• Author: Douglas A. Kash
• Position: B.A., M.S., J.D.
• Pages: 1-25

THE UNITED STATES V. ADAM GADAHN:

A CASE FOR TREASON

DOUGLAS A. KASH1+

“[T]here is no crime which can more excite and agitate the

passions of men than treason . . . .”

— Chief Justice John Marshall1

I. INTRODUCTION

In October 2006, a federal grand jury from the Central District of

California indicted Adam Gadahn for treason.2This marked the first time

“since the World War II era” that an American was charged with treason.3

In fact, the United States has only brought charges of treason

approximately thirty times since the birth of the nation.4 According to the

indictment, Gadahn “kno wingly adhered to an enemy of the United States,

namely, al-Qaeda, and gave al-Qaeda aid and comfort, within the United

States and elsewhere, with intent to betraythe United States.”5If

convicted Gadahn could be sentenced to death, or he could be sentenced to

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Copyright © 2008, Dougla s A. Kash.

1 Douglas A. Kash, B .A., M.S., J.D., serves as a S enior Attorney with the Drug

Enforcement Administration, Office of C hief Coun sel, U.S. Department of Justice. Mr.

Kash’s duti es include repre senting the Un ited States in actions filed by confidential

informants.

+ As a ma tter of policy, th e Drug Enforcement Administration discla ims responsibility

for any p rivate publication or statement by any of its employees. T he views expressed

herein are the author's alone and do no t necessarily represent the views of the United St ates

Department of Justice, the Drug Enforcement Administration or any officer or entity of the

United States Government.

1Ex parte Bollman, 8 U.S. (4 C ranch) 75, 125 (1807).

2 First Superseding Indictment at 3–8, United States v. Ada m Gadahn, No. SA CR 05-

254( A) (C .D. C al. O ct. 1 1, 2 006), availa ble at h ttp://www .usdoj.go v/opa/do cuments/

adam_indictment.pdf.

3 Press Release, U.S. Dep’t of Justice, U.S. Ci tizen Indicted on Treason, Material

Support Ch arges for Providin g Aid and Comfort to al Qaeda (Oct. 11, 20 06), available at

http://www.usdoj.gov/op a/pr/2006/October/06_nsd_695.html.

4 Dan Egg en & K aren DeYoung, U.S. Support er of Al-Qa eda is Indicted on Treason

Charge, WASH. POST, Oct. 12, 2006, at A3.

5 First Superseding Indictment , supra note 2, at 3.

2 CAPITAL UNIVERSITY LAW REVIEW [37:1

at least five years in prison and fined at least ten thousand dollars.6 If

sentenced to the latter, he would also “be incapable of holding any office

under the United Stat es.”7Gadahn also fa ces additional charges of

providing material support to a designated terrorist organization,8 which

can add fifteen years in prison to his sentence if he is convicted.9

Adam Yahiye Gadahn, also known as Azzam al-Amriki or Azzam the

American,10 was raised on a goat farm in Southern California.11 Although

his family’s lineage includes Jews,12 his father adhered to atheism until he

converted to Christianity.13 In his late teens, Gadahn moved in with his

grandparents where he left the world of zealous Christian evangelists and

heavy metal rock music and found Islam on the Internet.14 InNovember

1995, he began the formal conversion process at a mos que with an Imam.15

Gadahn prayed five times each day and began associat ing with a group o f

young worshippers who were reportedly followers of, if not associated

with, al-Qaeda.16 Gadahn soon began working for “Charity Without

Borders,” which purportedly recycled motor oil using public funds but

actually funneled the money to al-Qaeda.17

In 1998, Gadahn moved to Pakistan and married an Afghan woman.18

While it is unclear when, eventually, Gadahn began working directly with

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618 U.S.C. § 2381 (2000).

7Id.

8 First Superseding Indictment , supra note 2, at 9.

918 U.S.C. § 2339B(a)(1) (Su pp. V 2005).

10 Press Release, U.S. Dep’t of Jus tice, supra note 3.

11 Amy Argetsinger, Muslim Teen Made Conversion to Fury, WASH. POST, December 2,

2004, at A3.

12Id.

13 Raffi Khatchadourian, Azzam the American : The Making of an Al Qaeda

Homegrown, NEW YORKER, Jan. 22, 2 007, at 50, 52.

14Id. at 52–56.

15Id. at 56. Gadah n later assaulted one o f the witnesses to his Shahada, an Arabic term

meaning “bearing witness.” Id. at 56, 59, 61.

16 SITE INSTITUTE, AL-QAEDA’S AME RICAN MUJAHID: AZZAM THE AMERICAN AKA

ADAM GADAHN2, http://www.siteintelgroup.org/terrorismlibrary/charts_maps/charts_maps_

1160604811.pdf (last visited S ept. 29, 2008).

17Id.

18Id. at 3.