FBI Descends on Najibullah Zazi's Apartment, Arrest Zazi and His Father
Posted on Sat Sep 19, 2009 at 09:48:00 PM EST
Tags: Najibullah Zazi (all tags)
At 9:30 p.m. 15-20 law enforcement cars swarmed into the parking lot of Zazi's Aurora apartment near E. Smokey hill road and E-470.
Both Zazi and his father have been arrested and taken away in handcuffs. The third individual is not Naiz Khan, as I thought, but Ahmad Wais Afzali of Flushing. The charges, as the New York Times and NBC reported earlier, are making false statements to investigators. If only they had exercised their right to remain silent.
The Zazis should get a bond hearing set Monday. No word yet on who will represent Mohamed Zazi. Will the Government move to detain them without bond? I assume so, but there's no presumption of detention for the crime of making false statements to federal officials. The Government will have to show a serious risk they would flee, attempt to obstruct justice, or threaten, intimidate or injure a prospective witness or juror.
Given how they volunteered for interviews and stayed at home tonight even knowing they would be arrested, I don't think they are a risk of flight. I hope they get bond. (Update: The warrants says the Government will seek to detain Zazi but not his father. '[More...]
Bump and Update 8:45 pm: NBC confirms criminal charges are being prepared against Zazi and Khan but says they may not be until tomorrow. Zazi's lawyer says it's news to him.
Original post, 7:15 p.m.
NY Times: Gov't Will Announce Criminal Charges Tonight Against Najibullah Zazi:
Continuing on from my post this morning speculating as to various possible scenarios in the works from Najibullah Zazi's cancellation today of further FBI interviews, the New York Times now reports the Justice Department will announce tonight that it is charging Zazi and two others with lying to the Government (so it doesn't have to rush its terror investigation.) One of the others is said to be in Colorado and one in New York.
Once again: The jails are filled with people who thought if they could only tell their side of the story, the cops would see it their way. The 5th Amendment and Miranda rights are there for good reason. Use them or lose them.
As to who else might be charged, the possibilities include Zazi's father, Mohammed Zazi, in Colorado and Naiz Khan, 26, whose apartment in Queens was raided after Zazi stayed there one night last week. Zazi's father was questioned on Thursday and Khan says he was questioned this week (apparently without a lawyer) for 8 hours. If the charges are going to be making false statements to government officials (which does not require the statements to be under oath), the defendants will have to be among those interviewed by the Government.
Question: Where will the cases be filed? If they were going to do terror charges, I think they'd bring them in New York. But if it's just lying, they'll have to bring them where the false statements occurred. Sounds like the charges are just a place-holder to try and get them into custody. But if the charges are simply making false statements, I would hope the Zazis have a good chance of making bond.
Earlier Posts:
- Zazi Ends FBI Talks, Blasts Media Reports
- New Denials From Zazi's Attorney
- Zazi to Return for Fourth Day of Questioning
- Report: Najibullah Zazi in Plea Negotiations, FBI to Question Zazi's Father
- Another Full Day of FBI Questioning for Najibullah Zazi, More Friday
- Zazi to Be Questioned Further by FBI Today
- FBI Executes Search Warrants on Subject of Denver Terror Probe
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