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CNN Live Sunday

Interview With James Harrigan

Aired September 15, 2002 - 18:01   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

CAROL LIN, CNN ANCHOR: As five men in upstate New York face charges of forming an al Qaeda trained terrorist cell, federal investigators are wondering if these suspects have ties with other groups in Detroit and Seattle. Let's get more on this from CNN's National Correspondent Susan Candiotti in Buffalo, New York. Susan, it sounds like this investigation is widening.
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Yes it is, in fact we're learning more and more or hope to learn more and more as the days and weeks go on about the other men who so far are not charged in this case and we hope to learn more about that during a bond hearing this coming week.

(BEGIN VIDEOTAPE)

CANDIOTTI (voice-over): The five men of Yemeni descent charged as an al Qaeda trained cell are now characterized by government sources as appearing less significant in the overall investigation.

UNIDENTIFIED MALE: We're not aware that they were awaiting any orders. What we do know is that they trained in a camp and that that camp was run by al Qaeda trainers.

CANDIOTTI: A growing focus is on at least three more men known only as uncharged co-conspirators A, B, and C., one in particular, government sources say they're special watching. All three used to live in Lackawanna, outside Buffalo. Like the five in custody A and B are U.S. citizens. They are not in Yemen. C is also outside the U.S. and the one who appears to have put the year-long investigation in high gear.

Just last week, as Americans marked the anniversary of September 11, the FBI interviewed C in an unnamed country. According to an FBI affidavit, C admitted he and some of the accused trained at the al- Faruq al Qaeda camp last year. That led agents in New York to revisit suspect Sahim Alwan September 12, who according to the FBI admitted to terrorist training.

PETER AHEARN, FBI SPECIAL AGENT-IN-CHARGE: What prompted these five individuals to do what they did is something that they're going to have to answer for.

CANDIOTTI: The brother of one suspect, Aibn Mosed and relatives of others accused, insist the men went overseas for religious training, nothing more. AIBN MOSED, SUSPECT'S BROTHER: He told me he was going to learn and he told me he was going to stay four months. Then all of a sudden I see him come back in a month and a half. What happened? Like I missed America, no pizza, no TV, I had to eat with my hand, no spoons.

CANDIOTTI: Lackawanna, a former thriving steel town that initially attracted a Muslim community 20 years ago, is stunned by the arrests. All five men went to the local high school. Samira Saleh used to rent an apartment to one of the accused Yahya Goba. She describes him as peaceful.

SAMIRA SALEH, SUSPECT'S LANDLORD: (UNINTELLIGIBLE) about a year ago, very nice man, very kind. I've never seen him do anything suspicious.

CANDIOTTI: The mosque is a central gathering place, its Imam trying to come to terms with the allegations.

CANDIOTTI (on camera): Do you think it's possible that they might have been involved in terrorist providing support to al Qaeda right here in Lackawanna?

ABDULWAHAB ZIAD, LACKAWANNA ISLAMIC MOSQUE: No. Nobody supports al Qaeda here in our community. Nobody supports al Qaeda in this community because we (UNINTELLIGIBLE) what happened.

(END VIDEOTAPE)

CANDIOTTI: As interest now grows about the other people who are not charged, known as conspirators A, B, and especially C, we know now from conversations with relatives of those already charged that the people here in Lackawanna know those three men, A, B, and C, but at least for now want to say nothing more. Carol.

LIN: All right, thank you very much Susan Candiotti reporting live. Well, the FBI says the five suspects were under investigation even before the September 11 terror attacks. In fact, a couple of times FBI agents actually questioned several of the men.

Now one man is 29-year-old Sahim Alwan. The FBI says he and the other four are American citizens but they are of Yemeni descent. Mr. Alwan's attorney, Jim Harrington, joins us now from Buffalo, New York. Mr. Harrington, thanks for being with us today.

JAMES HARRINGTON, ATTORNEY FOR SAHIM ALWAN: Sure, glad to be here.

LIN: Can you tell us about your client? Who is he?

HARRINGTON: Well, I only met with him briefly yesterday. I'll be meeting with him again tomorrow and getting to know him a lot better obviously. He's a young man who has a wife, three children, has been employed all of his adult life and has been a hardworking citizen here in western New York.

LIN: What does he do for a living? HARRINGTON: He is a counselor for young people who have difficulties.

LIN: That's interesting. How did he strike you? What was your first impression of him?

HARRINGTON: He's a very respectful and polite young man and obviously very afraid and very concerned.

LIN: So, what did he tell you, if anything, about his time in Afghanistan at these terror training camps?

HARRINGTON: Well, I'm not at liberty to talk about anything about the details of the case at this point in time.

LIN: Is he one of the young men who is claiming that he went over for religious training and not al Qaeda training?

HARRINGTON: As I just mentioned to you, I don't think it's appropriate at this point in time to be talking about anything that he didn't do.

LIN: Well, unfortunately the investigators are talking a lot about what they're saying these young men did, and what they are accused of, and I'm wondering you know they're also saying that these men were engaging in what they describe as sophisticated activity, travel and the like. Did it appear that your client had the resources and the sophistication to move freely, not only about the country, but travel freely to Central Asia?

HARRINGTON: Well, I think you have to put things in perspective and, you know, yesterday and the day before the law enforcement people and the politicians have had their self congratulatory news conferences and they're gradually spilling bits and pieces of what they believe to be this case is about.

But this case will be resolved in a courthouse and that's where we intend to deal with it, and I don't really think it's appropriate for them or for us to be litigating the case in the media. It doesn't do anybody any good in terms of resolving this case in a fair way.

LIN: I understand your concerns, Mr. Harrington. I just think in fairness to your client, because so much characterization is being done by the special agents, by the U.S. Attorney's Office, that this is an opportunity to present a fuller picture of your client and why it is that he went where he went and did what he did because people in the community on the one hand are saying it's impossible for these young men to be involved, and yet it was someone within the Muslim community who fingered them.

HARRINGTON: Well, I mean those are assumptions that you are making right now based upon the information that you've been given. We're not even sure at this point in time that what is alleged that they have done fits within the statute that they're accused of. They're accused of providing material support and resources to a terrorist organization. There's a definition in that statute of what providing material resources and support is and anything that's alleged in the complaint does not fit within that definition, so this is going to be a difficult legal case, I think, and regardless of trying to put a spin on whether these are nice young men or not nice young men, this is not the time to do that and we're not going to do it.

LIN: So, have you decided what your defense will be based on then?

HARRINGTON: Well, it's much too early in this case to know that. I mean they haven't even been indicted yet. They've only been charged in a criminal complaint and although it seems that the media and law enforcement want to have them already guilty of crimes, they're only accused of crimes. They still have the presumption of innocence and at this point in time we're not sure that they have, in fact, committed any crimes regardless of any conduct that they might have been engaged in.

LIN: Well, James Harrington, we are certainly very anxious to hear their side of the story. Thank you very much for joining us.

HARRINGTON: You're welcome.

LIN: James Harrington, the attorney for Sahim Alwan, one of the five men accused of terrorist activities.

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