Does This Explain Why Minh Quang Pham Is Languishing Away?

TBIJ has a troubling report (see also this Independent story) on a number of British citizens who have been stripped of their citizenship so they can be targeted by drones or rendered here to the US. I described the fate of one of them — Mahdi Hashi — here. Another was the Russian spy Anna Chapman, though that happened after her arrest here.

I’m particularly interested, however, in this entry in TBIJ’s report.

B2
Deprived December 2011. Successfully challenged. Government now appealing.

This is one of three known cases where notice has been served on an individual while they were still in the UK. B2 came to the UK as a child with his refugee Vietnamese parents. He became a UK citizen in 1995, and later converted to Islam. In 2010 he reportedly traveled to Yemen, where MI5 alleges he trained with al Qaeda in the Arabian Peninsula (AQAP). He apparently returned to the UK in July 2011 and the Home Secretary informed him he would lose his British citizenship that December. B2 appealed, saying the decision would make him stateless. The Vietnamese government agreed that he was not its citizen, and the order was overturned. However the Home Office told the Bureau it is appealing. B2 is thought still to be in the UK.

These details make B2 sound like Minh Quang Pham, whom I wrote about here and here. Though here’s the timeline DOJ offered when they conspicuously announced Pham’s arrest last May, with a few additional details from Pham’s docket included.

December 2010: Pham travels from the UK to Yemen.

March 2011: Pham’s military training in Yemen begins.

March and April 2011: Pham carries a Kalashnikov.

April 2011: Pham works with Samir Khan and meets Anwar al-Awlaki.

July 2011: End date for military training in Yemen.

September 27, 2011: AQAP releases Inspire, Issue 7.

September 30, 2011: Khan and Awlaki killed in drone strike.

December 2011: End date of material support charges.

May 24, 2012: Pham indicted in NY.

June 29, 2012: Pham “arrested,” while still being held by British authorities in immigration custody. Indictment publicly released by DOJ.

August 23, 2012: Pham’s indictment officially unsealed.

Compare that to these dates regarding the UK’s efforts to strip B2′s citizenship.

February 9, 1983: B2 born in Vietnam.

August 1989: B2 travels with parents to UK, where they are granted asylum.

1995: B2 and his family get British citizenship.

December 2010: B2 travels to Yemen.

July 25, 2011: B2 leaves Yemen.

December 20, 2011: British Secretary of State decides to strip B2 of his citizenship.

December 22, 2011: British SoS provides notice and strips B2 of citizenship.

January 13, 2012: B2 appeals decision based on claim he would be stateless if he lost British citizenship.

June 13-14, 2012: B2′s citizenship hearing.

June 29, 2012: B2′s appeal succeeds.

Much of this lines up perfectly: The December 2010 departure for Yemen, the July 2011 end to military training, and the December 2011 immigration detention.

More important still, note that the British court released its decision about B2 on the same day — June 29, 2012 — that DOJ hastily announced Pham’s arrest, though without formally unsealing his indictment (note, DOJ’s original press release, though not FBI’s version, got disappeared, though can still be accessed via Internet Archive; see also this screen cap showing the press release missing).

The only discrepancy — and it may not be one — is B2′s claim he left Yemen on July 25, 2011. While DOJ’s military training charges end in July 2011, its material support charges continue until December 2011. Though note this Telegraph article says Pham was arrested when he arrived in Heathrow on July 27, 2011.

In short, unless there are a whole lot more Vietnamese refugees to Britain wandering back and forth from Yemen on the very same days, B2 is Pham.

Not only that, but it’s clear his “arrest” appears to be nothing more than an attempt to establish a fall-back position if and when holding him in immigration detention becomes impossible because he gets his citizenship restored. Barring that, they may well leave Pham in immigration custody in the UK indefinitely.

The most curious aspect of all this, though, is that material support charge that continues while, at least according to the Telegraph, Pham was in custody. Maybe the Telegraph is wrong, but if not, it means — according to the US — Pham continued to materially support AQAP while in British custody.


Some Data Points on Minh Qhang Pham, AQAP’s Graphic Artist of Mass Destruction

On Friday, the government indicted Minh Quang Pham for material support of al Qaeda in the Arabian Peninsula. The indictment and the press release make it clear (though don’t say explicitly–though this report confirms it) that Pham’s primary alleged crime was helping Samir Khan produce Inspire magazine.

In or about April 2011, PHAM worked with a United States citizen (“American CC-1″) to create online propaganda for Al Qaeda in the Arabian Peninsula.

[snip]

[Pham] facilitated communications between al Qa’ida in the Arabian Peninsula and supporters; and provided expert advice and assistance in photography and graphic design of media for al Qa’ida in the Arabian Peninsula.

Meaning CC-2 is Anwar al-Awlaki.

In or about April 2011, PHAM met with a United States citizen (“American CC-2″) in Yemen.

Given the centrality of Pham’s alleged association with Khan and Awlaki, consider the following chronology and the additional details below.

December 2010: Pham travels from the UK to Yemen.

March and April 2011: Pham carries a Kalashnikov.

April 2011: Pham works with Samir Khan and meets Anwar al-Awlaki.

“About” May 2011: UndieBomb infiltrator travels from UK to Yemen.

September 27, 2011: AQAP releases Inspire, Issue 7.

September 30, 2011: Khan and Awlaki killed in drone strike

December 2011: Pham returns to the UK; “Prior to his arrest [June 29, 2012], PHAM was held by British authorities in immigration custody.”

Around April 20, 2012: UndieBomb 2.0 and his handler removed from Yemen.

May 3, 2012: AQAP releases Inspire Issues 8 and 9.

May 7, 2012: UndieBomb 2.0 revealed.

May 11, 2012: British role in recruiting UndieBomb 2.0 revealed.

May 26, 2012: False AQAP statement released.

June 29, 2012: Pham arrested (presumably in Britain); indicted in US.

First, note that some of alleged acts–notably carrying a Kalashnikov–might require an inside source to learn.

Then consider you had someone coming from the UK to Yemen not long before the UndieBomb 2.0 infiltrator. Unlike UndieBomb 2.0, Pham appears to have decided to leave after his partner in propaganda, Khan, got killed. But then he appears to have been held in immigration custody for 6 months–which happens to cover the time UndieBomb 2.0 infiltrator and his handler were still in Yemen.

How interesting, too, that Pham is being tried here in the US, not in the UK (where the crimes are slightly different but where terrorist propaganda is even more criminalized than here, if I understand the law correctly). Why do you suppose they’re trying him here and not in the UK, where he has just been held for 6 months?

Meanwhile, I’ve always been intrigued that the latest versions of Inspire were released between the time when UndieBomb 2.0 was whisked out of Yemen and the time first the purported plot, then UndieBomb 2.0′s role it, was revealed. Then, several weeks later, someone released a false AQAP announcement claiming AQAP had been infiltrated. Pham would have been in British custody during this period.

Finally, there’s this rather interesting language. As a lot of indictments that fall under the federal terrorism statute do, this one has language on forfeiture under 18 USC 981. But note the way it phases this language on forfeiture.

As a result of planning and perpetuating Federal crimes of terrorism against the United States … defendant [] shall forfeit … all right, title, and interest in all assets, foreign and domestic, affording a source of influence over al Shabaab and AQAP.

This guy, presumably, doesn’t have a whole lot of financial goods to forfeit. Nevertheless, the government is going to the trouble of seizing all his interest in assets affording Pham influence over al Shabaab and AQAP.

Those are, mind you, just data points. But some fairly intriguing ones.