Charges referred against Airman charged with UCMJ violations

Charges referred against Airman charged with UCMJ violations

(EXCERPT) PRESS RELEASE -- Secretary of the Air Force, Directorate of
Public Affairs

Release No. 1106031 Nov 6, 2003

Charges referred against Airman charged with UCMJ violations

SCOTT AIR FORCE BASE, Ill. - Charges against Senior Airman Ahmad I. Al
Halabi, 60th Logistics Readiness Squadron, Travis Air Force Base,
Calif., were referred to a general court-martial Nov. 6 by Maj. Gen.
Paul W. Essex, 18th Air Force commander here. Maj. Gen. Essex did not
refer the case as a capital case. He also selected a panel of court
members from officers stationed at Travis AFB to hear the case.

Charges referred include seven specifications alleging the accused
failed to obey a lawful general order or regulation in violation of
Article 92 of the Uniform Code of Military Justice (UCMJ); one
specification alleging the accused aided the enemy in violation of
Article 104; four specifications alleging espionage in violation of
Article 106a; five specifications alleging the accused made false
official statements in violation of Article 107; two specifications
charged under Article 134 alleging the accused willfully retained
documents without authority in violation of 18 U.S.C. 793; and one
specification charged under Article 134 alleging the accused executed
a fraudulent credit application scheme in violation of 18 U.S.C. 1344.

Charges against Senior Airman Al Halabi that were dismissed include
four specifications alleging the accused failed to obey a lawful
general order or regulation in violation of Article 92; one
specification alleging the accused aided the enemy in violation of
Article 104; four specifications alleging the accused made false
official statements in violation of Article 107; and one specification
charged under Article 134 alleging a violation of 18 U.S.C. 793.

Military members are subject to the UCMJ regardless of where the
alleged offenses occur.

Senior Airman Al Halabi was on temporary duty at Guantanamo Bay
(GTMO), Cuba, for nine months serving as a translator at the time of
the alleged offenses. He was apprehended at Jacksonville Naval Air
Station, Fla., July 23, and was transported to his home station,
Travis AFB the next day. He is currently being held in pretrial
confinement at Vandenberg AFB, Calif.

The criminal investigation in this case was conducted by the Air Force
Office of Special Investigations detachment at Travis AFB, and
included extensive cooperation and information sharing with the
investigative branches of other military services and federal agencies
to include the Federal Bureau of Investigation.

On Aug. 27, Brig. Gen. Bradley S. Baker, the 60th Air Mobility Wing
commander and special court-martial convening authority, appointed an
investigating officer for Senior Airman Al Halabi's Article 32
hearing. The hearing (analogous to a civilian preliminary hearing and
grand jury process) was held at Vandenberg AFB from Sept. 15 - 17.
Senior Airman Al Halabi was present and represented by two military
defense counsel.

The Investigating Officer prepared a report of this pretrial
investigation and provided it to Brig. Gen. Baker, Oct. 2. On Oct. 17,
Brig. Gen. Baker forwarded the charges, the Article 32 Investigating
Officer's report, and his recommendations to Maj. Gen. Essex, the
general court-martial convening authority..

The court-martial is expected to be conducted at Travis AFB, Calif.,
at a date to be determined.

For more information, call Air Mobility Command Public Affairs, (618)
229-7843, or e-mail .

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---------------------------
Otis Willie
Associate Librarian
The American War Library
http://www.americanwarlibrary.com