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Abu Hamza's First U.S. Court Appearance

Cleric Abu Hamza, aka Mustafa Kamel Mustafa, aka Abu Hamza al-Masri, made his first court appearance in New York today, following his extradition yesterday from the UK.

Manhattan U.S. Attorney Preet Bharara's press release is here. The 2006 Second Superseding Indictment is here.

Along with Abu Hamza, four other alleged terrorists were flown to the U.S. Two will be tried in Connecticut, and three in New York. The other four are Khaled al-Fawwaz, Babar Ahmad, Adel Abdul Bary and Syed Talha Ahsan.

In exchange for allowing the extradition, the U.K. obtained a promise from the U.S. that all five would be tried in civilian courts and not face the death penalty.

The charges against Abu Hamza include conspiring to set up a training camp in Bly, Oregon. His co-defendant Oussama Kassir, from Sweden, was convicted at trial in 2009 and received life in prison, which he is serving at Supermax in Colorado. Kassir's conviction was upheld on appeal in 2011.[More....]

The star witness at Kassir's trial was cooperating co-defendant James Ujaama. Ujaama initially plead guilty in Seattle, got a 2 year sentence after agreeing to cooperate for ten years, until 2013, but then fled to Belize while on supervised release to avoid having to cooperate against Abu Hamza and the others. He was caught, his plea deal was voided, and he got an additional 24 months. He then agreed to testify against Kassir and pleaded guilty to terrorism charges in New York carrying a possible 30 year sentence.

Ujaama always insisted he was not supporting al Qaeda but the Taliban. His guilty plea in Seattle was to providing material support to the Taliban, not al Qaida. Nonetheless, the government prevailed in its argument at Kassir's trial that Kassir, Abu Hamza, and Aswat conspired to support al Qaeda. (The Government's expert witness at trial was, no surprise,