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UNITED STATES V. MOHAMUD
Mohamud pulled out the cell phone and Hussein read him
the number to dial to detonate the bomb. When Mohamud
dialed the number and nothing happened, Hussein suggested
that they step out of the car for better reception—the arrest
signal. Mohamud was dialing the number into the cell phone
a second time when FBI agents arrested them both. Hussein
was shouting “Allahu Akbar! [God is great]” as he was being
arrested. Mohamud was quiet initially, but during transport
he began to kick and had to be restrained. Later, when
speaking with the jail’s psychiatric nurse, Mohamud cried
and said he could not understand “how he had gotten from
just being a student to being labeled a terrorist in jail.”
Agents found an undated email printout from Al-Ali in
Mohamud’s wallet. A search of Mohamud’s computer
revealed videos of the 2007 and 2008 Portland Christmas
Tree Lighting Ceremonies, as well as an al-Qaeda video, an
audio file titled “No Peace with the Jews,” and numerous
references to the word “jihad.” In a notebook found in his
apartment, Mohamud had written: “Non Muslims are the
eternal enemies of Islam and they must be subdued and
humiliated.” He also described the need to “mistrust”
everyone and to act normal “to secure myself from the FBI.”
II. PROCEDURAL HISTORY
A. Indictment and Trial
A one-count indictment charged Mohamud with
attempted use of a weapon of mass destruction in violation of
18 U.S.C. § 2332a(a)(2)(A). After several years of pretrial
litigation and review of immense discovery (including
considerable litigation under the Classified Information
Procedures Act, 18 U.S.C. app. 3), trial began in January
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