United States of America v. Haji Najibullah

New York City, New York criminal defense lawyer represented the Defendant charged with hostage taking and providing material support for acts of terrorism resulting in death in connection with NAJIBULLAH's role in the hostage taking of an American journalist and two Afghan nationals in Afghanistan and Pakistan in 2008 and 2009, and his leadership of Taliban fighters who carried out attacks on U.S. servicemembers in Afghanistan between 2007 and 2009, resulting in the deaths of American soldiers.





Between approximately 1996 and 2001, the Taliban controlled Afghanistan and harbored and supported terrorists, including terrorists involved in perpetrating the September 11, 2001, terrorist attacks on the U.S. After losing power in approximately October 2001 as a result of the U.S. and NATO-led invasion of Afghanistan, the Taliban engaged in a deadly insurgency campaign to regain control of the country. Beginning in the early 2000s, as part of that campaign of violence, the Taliban conducted numerous suicide bombings, targeted killings, assassinations, improvised explosive device ("IED”) attacks, paramilitary ambushes, and hostage takings against the then-government of Afghanistan, U.S. military forces and their NATO and Afghan partners, and American civilians in Afghanistan.



Between in or around 2007 and 2009, NAJIBULLAH served as a Taliban commander in Afghanistan's Wardak Province, which borders Kabul. During that time, Taliban fighters under NAJIBULLAH's command carried out deadly attacks against American and NATO troops and their Afghan allies, using, among other things, suicide bombers, automatic weapons, IEDs, and rocket-propelled grenades ("RPGs”) and other anti-tank weapons and explosives, including against U.S. military helicopters.



For example, on or about June 26, 2008, Taliban fighters under NAJIBULLAH's command ambushed and attacked a U.S. military convoy in the vicinity of Wardak Province, Afghanistan, with IEDs, RPGs, and automatic weapons, killing three U.S. Army servicemembers: Sergeants First Class Matthew L. Hilton and Joseph A. McKay, and Sergeant Mark Palmateer, and their Afghan interpreter. Several other servicemembers were also injured in the attack.



In or about November 2007 and September 2008, NAJIBULLAH participated in two videorecorded interviews with a French reporter in Afghanistan. NAJIBULLAH and fighters under his command discussed how they targeted American and French troops—including a specific attack they conducted against French troops in or around August 2008. They also identified a particular location where they had used IEDs and anti-tank weaponry to destroy American military vehicles. During the interview, NAJIBULLAH further demonstrated how to operate a rocket-propelled grenade launcher to shoot troops guarding checkpoints and boasted that fighters under his command were ready to fight the "holy war,” including that they were "ready to be suicide bombers” and "put on a belt and blow themselves up if we ask them.” In September 2008, in the French reporter's presence, NAJIBULLAH and fighters under his command attacked and destroyed an Afghan National Police outpost using automatic weapons and rockets.



On or about November 10, 2008, NAJIBULLAH and other Taliban fighters took hostage an American journalist ("U.S. Hostage-1”) and two Afghan nationals who were assisting U.S. Hostage-1 (together with U.S. Hostage-1, the "Hostages”) at gunpoint in Afghanistan. Shortly thereafter, NAJIBULLAH and his co-conspirators forced the Hostages to hike across the border from Afghanistan to Pakistan, where NAJIBULLAH and his co-conspirators detained the Hostages. For the next approximately seven months, NAJIBULLAH and his co-conspirators held the Hostages captive in Pakistan. NAJIBULLAH and his co-conspirators forced the Hostages to make numerous calls and videos seeking help, in an attempt to compel ransom payments and the release of Taliban prisoners by the U.S. Government.

Defendant elected to plead guilty and will likely be sentenced to life in prison.