The FBI Affidavit

United States of America v. Hamid Hayat 

I. Background and experience of agent 

I, Pedro Tenoch Aguilar, Special Agent of the Federal Bureau of Investigation (FBI), United States Department of Justice, having been duly sworn, do depose and state the following: 

1. I have been a Special Agent of the FBI since June 2004. I am currently assigned to the Sacramento Division, Stockton Resident Agency. 

2. Based upon my training and experience, I know that it is a violation of Title 18, United States Code, Section 1001 (a) (2) to make any materially false, fictitious or fraudulent statement or representation in any matter within the jurisdiction of the Federal Bureau of Investigation. 

3. Based on my personal participation in this investigation, including my discussion with other investigating agents, or other law enforcement agencies, and interviews with reliable witnesses, I am familiar with the facts and circumstances of this investigation. The information set forth herein, in this Affidavit, reflects my personal knowledge or has been provided to me by other law enforcement officers, investigative analysts and agents with whom I have spoken, or whose reports I have reviewed. 

4. Based on the information contained in this affidavit I believe there is probable cause to believe that Hamid Hayat and Umer Hayat violated Title 18, United States Code, Section 1001, when both individuals separately denied that Hamid Hayat had attended a jihadist training camp in Pakistan .

II. Individuals to be arrested 

5. This affidavit is made in support of a complaint to arrest the following individuals: 

a) Hamid Hayat 

b) Umer Hayat 

III. Probable cause 

6. On Sunday, 5/29/05 at approximately 5:30 a.m., the Sacramento Division of the FBI was notified, via FBI Headquarters(FBIHQ), that Hamid Hayat, a United States Citizen, was attempting to gain access to the United States via an inbound flight which was scheduled to arrive at San Francisco International Airport at approximately 1:50 p.m. on 5/29/05. During his travel from Korea to the United States , while in flight, it was determined that Hamid was on the "No Fly" list. The plane was immediately diverted, and was ultimately allowed to land in Japan for refueling purposes. While in Japan , Hamid was interviewed by an FBI agent and denied having any connection to terrorism or terrorist activities. Based on Hamid's statements verbal authority was granted to downgrade Hamid from the "No Fly" list to the"Selectee list" so that Hamid could continue his planned travel to the United States . Immigration records indicate that Hamid had departed from the United States on 4/19/03, arriving in Islamabad , Pakistan on 4/21/03. Immigration records also indicate that he departed from Pakistan on 5/27/05, arriving in the United States on 5/29/05. 

A. Interview of Hamid Hayat 

7. On June 3, 2005, Hamid Hayat was interviewed by special agents of the FBI. During that interview he was specifically asked if he had ever attended any jihadi camps. He was also asked if he had ever attended any terrorist training camps in Pakistan or in general. He was also asked if he had ever attended a jihadi madrassah (religious school.) Hamid stated that he has never attended any type of terrorist training camp or school and is not a jihadi member. He stated that he would never be involved with anything related to terrorism. 

8. On June 4, 2005 Hamid Hayat voluntarily appeared at the Sacramento Office of the FBI to take a polygraph examination that had been requested by the FBI. Hayat, who brought his father with him to the FBI, was informed in advance that the purpose of the polygraph examination was to resolve questions about his possible involvement with terrorist activities. After a brief interview with an FBI agent who showed Hamid some photographs, the polygraph examination was administered and his answers to the relevant questions were found to be indicative of deception. After approximately two more hours of questioning, Hamid admitted that he had, in fact, attended a jihadist training camp in Pakistan . 

9. Hamid admitted that he attended a jihadist training camp in Pakistan for approximately 6 months in 2003-2004. Hamid stated thatAl-Qaeda supports the camp and provides instructors for the camp. Hamid later confirmed this camp was run byAl-Qaeda. Hamid described the camp as providing structured paramilitary training, including weapons training, explosives training, interior room tactics, hand to hand combat, and strenuous exercise. Classroom instruction included ideological rhetoric detailing opposition towards the United States and other non-Muslim countries. Hamid stated that during his weapons training, photos of various high ranking U.S. political figures, including President Bush, would be pasted onto their targets. Hamid further stated that he and others at the camp were being trained on how to kill Americans. Hamid stated that although he did not participate in all the available instruction he was aware the other training was ongoing. 

10. Hamid advised that he specifically requested to come to the United States to carry out his Jihadi mission. 

B. Interview of Umer Hayat 

11. On June 3, 2005, Umer Hayat, Hamid Hayat's father, was interviewed by a special agent of the FBI at the same time that Hamid was interviewed. During that interview Umer was specifically asked if his son, HamidHayat, was a terrorist. He specifically denied that. 

12. On June 4, 2005, Umer Hayat, United States citizen, accompanied his son, HamidHayat, to the Sacramento Office of the FBI. On that date he was specifically asked if he had a knowledge about terrorist training camps in Pakistan . Umer replied that there were no such training camps in Pakistan . 

13. Following the interview of Hamid Hayat in which Hamid admitted attending a jihadi training camp, Umer Hayat was interviewed again by FBI agents. At the outset of the interview Umer was shown a videotape of his son's confession. Shortly after viewing that videotape, Umer confirmed that Hamid Hayat attended a jihadist training camp in Pakistan in 2003-04. Umer admitted that he paid for Hamid's flight and had provided him with an allowance of $100 per month, knowing that his intention was to attend a jihadi training camp. 

14. Umer Hayat described Hamid Hayat as first being interested in attending a jihadi training camp during his early teenage years, and being influenced by a classmate at the madrassah (religious school) Hamid attended in Rawalpindi , Pakistan . Hamid was also influenced by his uncle, who fought with the mujahedeen in Afghanistan . Umer Hayat claimed Hamid was at the training camp for 6 months, but had been able to leave for home on the weekends. 

15. The madrassah was operated by Hamid Hayat's grandfather, and Umer Hayat's father-in-law. According to UmerHayat, Qazi Saeed Ur Rehman sends the students from this madrassah to jihadi training camps in Pakistan . After completing his education at themadrassah, Hamid Hayat went to a training camp near Rawalpindi , Pakistan . Umer Hayat stated that the operator of the camp is a close personal friend of Umer Hayat's father-in-law. 

16. Umer stated that he was invited to observe several operational training camps. According toUmer, he was assigned a driver who drove him from camp to camp. While visiting these training camps he observed weapons and urban warfare training, physical training, and classroom education. 

Conclusion 

17. Based on the foregoing there is probable cause to believe that Hamid Hayat and Umer Hayat have committed violations of Title 18, United States Code, Section 1001, by making false statements of material fact in a matter within the jurisdiction of the FBI. 

Sealing request 

18. Based on the fact that this investigation is ongoing and due to the sensitive nature of the information contained in this affidavit, the government respectfully requests that the complaint be sealed until further order of this court. 

I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed at Sacramento California on June 6, 2005. 

Pedro Tenoch Aguilar
Special Agent 
FBI, Stockton