Two Orange County men consistently praised the Islamic State terrorist organization before one bought a plane ticket for his friend to fly to Istanbul “to die a martyr on the battlefield,” a federal prosecutor told jurors Wednesday.
The estimated six-week trial began with prosecutors characterizing Nader Salem Elhuzayel and Muhanad Elfatih M.A. Badawi as obsessively praising Islamic militants in Iraq and Syria on social media as they shared photos of beheadings of “unbelievers.”
Badawi’s attorney, Kate Corrigan, conceded that her client engaged in a great deal of “un-American” and at times “repulsive” speech, but urged the jury to remain dispassionate about the evidence.
“My client was a lot of talk and absolutely no action,” Corrigan said in her opening statement.
Badawi’s lawyer claimed her client was duped by a dishonest Elhuzayel about what he intended to do with money Badawi loaned him.
Elhuzayel’s attorney, meanwhile, argued that his client should be acquitted on the legal technicality that the U.S. did not recognize the Islamic State as a terrorist organization at the time of the defendant’s arrest.
Elhuzayel and Badawi were indicted on charges of conspiring to aid a foreign terrorist organization. Elhuzayel is also charged with bank fraud and Badawi faces additional charges of aiding and abetting an attempt to provide support for terrorists, as well as financial aid fraud.
Prosecutors will also pursue a forfeiture allegation against Elhuzayel, meaning that if he is convicted, the government will try to recoup any money from him that was used to aid terrorists.
Prosecutors estimated they will need 25 days to put on their case with about 45 witnesses, and 23 more, if necessary.
Much of the evidence will involve social media activity that indicate support for Islamic militants in Iraq and Syria.
Elhuzayel used the ISIS flag as his profile picture on a Facebook account, according to prosecutors, who allege Badawi in October 2014 made a video of Elhuzayel swearing allegiance to the leader of ISIS, Abu Bakr al- Baghdadi, and pledging to travel to Syria to be an ISIS fighter.
In March 2015, Badawi received a $2,865 Pell grant, which prosecutors allege he used two months later to purchase a one-way airline ticket for Elhuzayel from Los Angeles International Airport to Tel Aviv, Israel, with a six-hour layover in Istanbul.
Elhuzayel, who is also accused of operating a scheme to rip off banks by depositing stolen checks into his personal accounts and then withdrawing cash from automated teller machines, was arrested at the airport.
Assistant U.S. Attorney Deirdre Eliot told the jury that the two would post provocative comments on social media, such as Badawi saying, “Either you’re with (al-Baghdadi) or you’re with Barack Obama.”
Elhuzayel posted at one point, “May God grant us 72 virgins” for martyring themselves, Eliot said.
“You’ll see death and destruction are their goals and they are drawn to the fight,” the prosecutor said.
Elhuzayel’s attorney, Pal Lengyel-Leahu, argued his client cannot be found guilty of aiding terrorists because the Islamic State was not recognized as a terrorist organization until September, months after his client’s arrest.
“If they’re not on the list, then he can’t be guilty,” Lengyel-Leahu said. “If I had a mic, that’s where I’d drop it.”
Lengyel-Leahu characterized his client’s social media activity as “cheerleading,” which would be protected free speech “even if it makes you cringe.” He likened it to “picking sides” between the Yankees and Red Sox.
Elhuzayel is an Israeli citizen and was flying there to marry a woman he had met online, Lengyel-Leahu said. His baggage was checked through to Israel, the attorney said.
“We have a lot of disillusioned kids who turn to sex, drugs or alcohol,” Lengyel-Leahu said. “Nader turned to religion.”
Badawi’s attorney rejected Lengyel-Leahu’s argument regarding whether the U.S. recognized the Islamic State as a terrorist organization.
“What this case is about … is my client trusted in a liar, the co- defendant,” Corrigan said.
Badawi’s “misguided friendship” led him to give the co-defendant his Pell Grant money to buy the plane ticket, Corrigan said.
Badawi, at 6-foot-4 and about 125 pounds, is in no physical shape to be an Islamic State fighter, Corrigan said, joking, ” I could take him.”
Badawi had no idea his friend was allegedly stealing money in the check- cashing scheme, Corrigan said.
Badawi made headlines in December when he lost so much weight while in custody that U.S. District Judge David O. Carter issued an order to force-feed him. At one hearing, Carter even reached into his pocket to buy peanut butter, bread and other groceries for Badawi at a local store so he could have something to eat in court and avoid the force-feeding.
—City News Service