Saudis Aided
Subpoenaed Woman's Trip Out of U.S.
Washington Post
By Susan Schmidt
Washington Post Staff Writer
Wednesday, February 5, 2003; Page A01
The Saudi embassy quietly provided the wife of a terror
suspect a passport and transit out of the United States in
November, after she was subpoenaed to testify before a federal
grand jury in New York investigating her husband's possible links
to the al Qaeda terrorist network, diplomatic and law enforcement
sources said.
Federal law enforcement officials were outraged by the Saudi
action, saying the move impeded their investigation. State
Department officials, who had objected to the woman's departure
without clearance from the FBI, expressed surprise at the move as
well.
An attorney for the Saudi embassy who notified the State
Department the day after the woman left said yesterday that the
embassy "did not believe there was any legal impediment to her
departure" because the grand jury had recessed.
Maha Hafeez Marri and her five young children flew to Saudi
Arabia on Nov. 10, three days after law enforcement sources said
federal prosecutors had their last contact with a lawyer
representing her. The FBI had confiscated passports for Marri and
her children soon after her husband was arrested in Peoria, Ill.,
in late 2001.
Ali S. Marri, a native of Saudi Arabia and a citizen of Qatar,
is charged with lying to the FBI about phone calls he allegedly
made in the months after the Sept. 11, 2001, terror attacks to a
number in United Arab Emirates that belonged to a suspected al
Qaeda operative. The operative, Mustafa Ahmed Hawsawi, allegedly
received calls from several of the Sept. 11 terrorists and
managed a bank account they used.
A law enforcement official said prosecutors and FBI agents
were stunned to learn that Maha Marri had left the country. The
official and others said Marri had received a subpoena from a
grand jury seeking her testimony, though he declined to say when
it was issued.
"She was still under subpoena, but no date had been set" for
her testimony, he said, adding that lawyers for the woman hired
by the Saudi embassy were negotiating to set up an FBI interview
in lieu of a grand jury appearance.
"It was a big shock to our guys. All of a sudden, she's gone.
That's what upset the troops," he said.
A spokesman for the Saudis said Maha Marri was issued a
passport and sent back to Saudi Arabia after she appealed to the
embassy. The Saudis brought the woman and her children from
Illinois to the Washington area after her husband's arrest, and
she waited for 11 months for the FBI to get around to
interviewing her, he said.
"You get a grand jury subpoena, you can't sit here for a year
doing nothing," said Nail A. Jubeir, the Saudi spokesman.
The embassy, he said, sent a diplomatic note to the State
Department on Aug. 30 requesting assistance, but heard nothing.
On Nov. 11, the day after the woman and her children left, he
said, "a diplomatic note was sent to the State Department saying
she has departed and if anyone has any questions she will be
available."
A State Department official confirmed the receipt of a
diplomatic note Aug. 30, but said that it did not accurately
characterize the situation and that officials refused to give the
Saudis the clearance they were seeking to issue Marri a new
passport.
The note, according to a State Department official, "said
there were no outstanding legal issues affecting her." Officials
made some inquiries with the Justice Department and the U.S.
attorney's office in New York, he said. It "became clear the
issue was far more complicated than what was portrayed in the
diplomatic note, that this was still a sensitive law enforcement
issue, that there were complicated legal issues involved, not
only with the suspect Al Marri but also with the wife," he
said.
The Saudi embassy was told, he said, "that we here at the
State Department are unable to provide the finding of 'no
objection' they were seeking for passports . . . and if they
wanted to pursue this further, they would need to take it up
directly with law enforcement authorities, including the
FBI."
Malea Kiblan, an attorney for the Saudi embassy who
represented Maha Marri, also said she believes the grand jury
subpoena was no longer valid -- a view not shared by law
enforcement authorities. "There was no outstanding valid subpoena
-- the grand jury was recessed," she said. "We kept her available
for one year as a courtesy to the U.S. attorney's office."
Kiblan also contended that "the FBI took [Maha Marri's]
passport illegally. It was not part of the warrant in the search
of her apartment."
Maha Marri was under considerable hardship when she left the
United States. Her children had been out of school for many
months, and she was ill, Kiblan said.
"All of the relevant parties were informed before the fact and
after the fact that the interview had to take place because her
situation was deteriorating legally and otherwise," Kiblan
said.
Ali Marri and his family arrived in Peoria from Qatar on Sept.
10, 2001, and he sought to enroll in a graduate computer program
at Bradley University, where he had received an undergraduate
degree a decade earlier.
Tips to the FBI led to a search of Marri's apartment. There,
agents found audio files of Osama bin Ladin, photographs of the
Sept. 11 attacks and a computer folder labeled "chem" that
contained bookmarked Web sites with fact sheets on hazardous
chemicals "immediately dangerous to life or health," according to
court documents. Marri also had information on the purchase of
such chemicals, bookmarked Web sites on weapons and satellite
equipment, and an almanac in which U.S. dams, waterways and
railroads were bookmarked, according to the documents.
Ali Marri was taken into custody as a material witness in
December 2001 and was subsequently charged with credit card
fraud. Last month, he was indicted on charges of making false
statements to the FBI concerning a previous stay in the United
States and calls to Hawsawi, who allegedly managed the hijackers'
UAE bank account. Hawsawi is also an unindicted co-conspirator in
the case against Zacarias Moussaoui, who is accused of conspiring
in the Sept. 11 attacks.
Marri is being held without bail in New York and has entered
not guilty pleas to both charges.
The Saudi government has insisted it is cooperating fully with
the United States in its war on terrorism, but law enforcement
officials have described that assistance as erratic at best. The
U.S. government contends, for example, that Saudis must do more
to crack down on charities that funnel money to terrorist groups,
including al Qaeda.
In December, the Saudis were embarrassed by disclosures that
Prince Bandar bin Sultan, Saudi ambassador to the United States,
and his wife had provided charitable funds to Saudis in this
country who aided and befriended two of the Sept. 11
terrorists.
Jubeir, the Saudi spokesman, bristled at suggestions yesterday
that the Saudis had failed to assist law enforcement in the Marri
case. "The idea that someone would say we are not cooperating is
simply not true. There is full cooperation," he said.
© 2003 The Washington Post Company
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