The Rocky Mountain News is reporting that before indicting James Ujaama this week for conspiracy to provide assistance to Al Qaeda by scouting training camp sites and designing a website, the Feds considered offering him immunity.

According to Ujaama's Denver lawyer, Dan Sears, one of the leading and most respected defense lawyers in the state,

"There have been discussions concerning an application for 'use immunity' by the prosecutors' office back in Virginia" where Ujaama is held, Sears said. "I understand that representations were made that application (for immunity toward Ujaama) was going to be made by the Department of Justice U.S. Attorney's office back east. But whether that application was ever made or not, I don't know."

"Sears also said that discussions with the U.S. Attorney's office in Seattle included Ujaama making a "proffer" - in which a witness provides testimony that lets prosecutors decide whether an immunity offer is appropriate."

"Although immunity never was offered formally to Ujaama, Sears said the fact that prosecutors even discussed it indicates that federal authorities are looking at bigger targets, beyond him."

"If you're going to indict and convict someone, you don't even talk about the prospects of offering use immunity," said Sears, a former federal prosecutor. "

Sears is right about how it usually works. An offer of immunity is made to people who can help the Government fry bigger fish (or at least more of them.) With exceptions, (Sammy Gravano in the John Gotti case immediately comes to mind) a defendant who did something really bad is usually allowed to plead to a lesser crime, not given immunity from prosecution--which is a walk.

Ujaama has proclaimed his innocence.. It may be he didn't want talk to the feds or he doesn't have the information they think he has, and that's why the offer wasn't made. And the opportunity for Ujaama to resolve his own case by cooperating may come up again in the future.

Of course we are just speculating here, trying to read between the lines of what his attorney is saying.

The Justice Department is staying mum.