U.S. to Drop Its Case Against Saudi Bombing Suspect

The Justice Department, its case weakened by Saudi Arabia’s failure to provide sufficient evidence or intelligence to U.S. investigators, moved Monday to dismiss terrorism charges against the Saudi dissident suspected of involvement in the 1996 bombing that killed 19 U.S. servicemen in Saudi Arabia.

At a court hearing scheduled for Wednesday, U.S. attorneys will ask instead to have suspect Hani Abdel Rahim Hussein Sayegh deported, a Justice Department statement disclosed. Sayegh, who was captured in Canada last spring and extradited to Washington in June, had been the most promising independent lead in the case for the FBI and the Pentagon.

Court documents filed earlier in Canada alleged that Sayegh, who admits that he trained in Iran, was a driver and lookout during the attack on the Khobar Towers complex in Dhahran, in eastern Saudi Arabia. The collapse of the case is a major setback and embarrassment for U.S. counter-terrorism efforts, Clinton administration officials conceded.

The Justice Department did not attempt to place blame for the abrupt change in tactics after six months of maneuvering behind the scenes to build the case. “Since we have not been able to develop the requisite evidence, it is necessary that this prosecution be withdrawn,” the statement said.

But the shift was forced in large part because Saudi Arabia has not provided sufficient evidence to support its claim that Sayegh was a participant in the second of two attacks since November 1995 that killed a total of 24 Americans and triggered questions about political stability in the oil-rich kingdom.

Despite pressure from the White House and repeated visits by FBI Director Louis J. Freeh, the Saudis also have not provided sufficient independent access to other suspects who allegedly implicated Sayegh, the sources said.

A statement issued by Saudi Ambassador Prince Bandar ibn Sultan late Monday said his government had cooperated “in all aspects of the investigation,” while noting that its own investigation is ongoing. “We do not accuse or absolve anyone of the responsibility,” the statement said.

But the case also became a legal minefield because of mishandling by U.S. investigators after Sayegh was captured in Ottawa while shopping with a friend, according to Francis D. Carter, Sayegh’s court-appointed lawyer.

Sayegh, who does not speak much English, claims that the plea bargain worked out with U.S. attorneys was initially brokered with only the help of a detention-center interpreter and without legal counsel present. He also says he did not understand his options or the American judicial system, including trial by jury. In addition, he was not given a copy of the plea agreement until after he was extradited to Washington.

“This case has been badly bungled on all sides,” an administration official acknowledged Monday.

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In the plea bargain worked out with U.S. officials, Sayegh was not named in the Dhahran bombing. He was instead charged with conspiracy to commit murder and “international terrorism” related to his assignment to locate guns for a separate, unsuccessful anti-American attack.

In exchange for a 10-year prison sentence for that conspiracy, Sayegh agreed to tell U.S. officials what he knows about anti-Saudi movements and Iran’s involvement in Persian Gulf dissident activities. But after he was extradited, Sayegh repudiated the plea agreement and opted for a formal trial.

In light of the limited evidence, U.S. attorneys have chosen to drop criminal charges, for now at least. But that may not mean an end to the case--or his imminent deportation.

Legal sources said Justice Department officials apparently hope the threat of deportation to Saudi Arabia will prompt Sayegh to start cooperating with U.S. authorities, possibly as part of a new plea agreement. Saudi Arabia has already notified the U.S. that it will seek formal extradition of Sayegh to face trial for the bombing.

The Justice Department pledged that it will “respond appropriately” if the kingdom meets requirements for extradition. If convicted, Sayegh, whose wife and children are in Saudi Arabia, could face death by beheading.

The Justice Department left open the possibility of future prosecution of Sayegh.

“In the event sufficient evidence is developed to support a successful prosecution against Sayegh or anyone else for involvement in a terrorist plot or activity against Americans, charges will be brought,” the statement said.

Sayegh’s former immigration attorney said Monday that he may file a request for political asylum in the United States for the Shiite Muslim dissident.