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Saturday, August 31, 2002 - Page updated at 12:00 AM

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Judge warns terror suspect Ujaama after court outburst

Seattle Times staff reporter

In his first public court appearance, terror suspect James Ujaama erupted in anger yesterday, calling federal prosecutors liars.

His outburst came after a federal prosecutor suggested that Ujaama was lying about being called "bin Laden's boy" by a court security officer in Alexandria, Va., where he has been held as a material witness.

After Ujaama's lawyer complained about the remark in court, referring to al-Qaida leader Osama bin Laden, Assistant U.S. Attorney Gordon Kromberg replied, "Obviously, his client has lied to the public previously, and it is not beyond the realm of possibility that he is lying again."

At that, Ujaama, 36, angrily told the judge that federal prosecutors "have lied — they've always lied. For them to refer to me as a liar when they've leaked material to the press ... "

U.S. Magistrate Judge Barry Poretz cut off Ujaama, warning him "it is not in your best interest to talk directly to the court," according to the Denver Post.

Ujaama, a former Seattle community activist, replied, "I'm sorry, your honor."

He has been held since July 22 as a material witness for a grand jury in Virginia investigating radical London cleric Abu Hamza al-Masri, according to sources. Abu Hamza is reputed to be a spiritual leader and recruiter for al-Qaida.

Poretz dismissed the material-witness warrant yesterday. Ujaama, who had been charged Wednesday in Seattle of conspiracy to aid al-Qaida terrorists, was then arrested. He will be returned to Seattle next week.

After the hearing, Ujaama said in a statement:

"Although I am presumed innocent until proven guilty, they literally took after me using a material witness warrant, which is further proof of what I have been saying all along: that they are criminals posing as statesmen."

Ujaama's lawyer, Gregory Stambaugh, declined to comment when asked if the material-witness warrant had been improperly used against his client.

Georgetown University law professor David Cole said yesterday that the government did have the right to hold Ujaama until he testified before a grand jury if he was needed as a witness against Abu Hamza and was likely to flee.

Ujaama never appeared before the Virginia grand jury because he invoked his Fifth Amendment right not to incriminate himself, Stambaugh said.

Stambaugh said he discussed with prosecutors granting Ujaama immunity in exchange for his testimony, but an agreement was not reached.

Prosecutors could still seek to have Ujaama testify against Abu Hamza as part of a plea deal.

The investigation of Abu Hamza centers on an alleged plot to establish a terrorist training camp in Bly, Ore., in the fall of 1999. Ujaama was indicted here on charges that he tried to establish a jihad training camp with the help of an unnamed co-conspirator whom authorities have identified as Abu Hamza. The cleric also sent two associates to check out the Oregon property, the indictment said.

One of those men is a naturalized Swedish citizen from Lebanon named Oussama Kassir, authorities said. The man described himself to others as a "hit man" for al-Qaida leader bin Laden, the indictment said.

Yesterday, Kassir told the Swedish newspaper Expressen that he wasn't bin Laden's hit man. "I love bin Laden," Kassir said, "but if I were one of his killers, I would be at his side."

Kassir would not say if he had ever been to Bly, Ore., or knew Abu Hamza.

The indictment charges that Kassir spent time in Seattle in February 2000, where he preached the teachings of Abu Hamza and provided "urban tactical training."

Kassir currently faces charges for theft and assault in a Stockholm court. He has been convicted and served time in Swedish prisons for smuggling marijuana, assault and gun possession.

David Heath: 464-2136 or dheath@seattletimes.com

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