Judge Will Decide on Terror Case Testimony; U.S. Wants to Call 2 About Web Site

A federal judge is scheduled to announce tomorrow whether the juryin the terrorism case against University of Idaho graduate studentSami Omar Hussayen can hear testimony from two American men, one ofwhom pleaded guilty to training with an alleged Virginia "jihadnetwork."

U.S. District Judge Edward Lodge will rule on prosecutors'contention that the jury should hear from the men because they werepersuaded to train as terrorists in 2001 by material posted onInternet sites linked to Hussayen. The government has accusedHussayen of using his computer skills to provide support forterrorism.

"These witnesses can show the jury that these materials really dohave that effect," Assistant U.S. Attorney Kim Lindquist said.Defense attorney David Nevin countered that both men were recruitedby others to fight in Afghanistan, not by Internet materials aboutChechnya and the Middle East.

Hussayen, 34, a Saudi national, is accused of turning the Web siteof the Islamic Assembly of North America into the foundation of anInternet network that helped finance and recruit terrorists. Hecontends he was just a volunteer lending his technical skills to keepthe assembly's Web sites running.

Lodge dismissed the jury early Thursday so he could hear thetestimony that would be provided by Khwaja Mahmood Hasan of Fairfaxand Yahya Goba of Buffalo. Hasan was sentenced to 11 years in prisonon a variety of charges after admitting he practiced military tacticswhile playing paintball in the Virginia countryside, gatherings thegovernment said were part of training for combat overseas. Gobatrained at an al Qaeda camp in Afghanistan in May 2001.

Prosecutors contend both men saw videos of Muslim fighting inBosnia and Chechnya, which played key roles in their decision totrain to fight in Afghanistan. But the defense pointed to swornstatements in which each declared he was recruited by specificindividuals. The statements made no mention of the Internet or videosobtained from it.

Goba acknowledged that he did not even have access to the Internetbefore he went to the Afghan camp, and Hasan has said his decision totrain for holy war was made four days after the Sept. 11, 2001,attacks during a meeting in Fairfax with Muslim scholar Ali Timimi,who said Islam required them to defend the Taliban against theimminent U.S. invasion of Afghanistan.