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Update on Buffalo Six Bond Hearing

The bond hearing continued today in the case of the six men from the Buffalo area charged with providing material support to Al Qaeda.

The Magistrate Judge hearing the case questioned the Government's assertion that the men pose an immediate danger.

"I haven't heard of any act of violence or propensity of violence in the history of these individuals," said U.S. Magistrate H. Kenneth Schroeder Jr. He said he would rule on bail requests by Oct. 3."

Two of the men claim they never went to Afganistan. One says he left after 10 days when he realized the nature of the camp. Another two of the men say that statements made by two of the others to the FBI are unreliable.

One admitted he went to Afganistan but said that a hunting rifle and scope the Government is connecting him to belong to the father of one of the other men and that a seemingly incriminating cassette tape was made in 1980 and refers to Russia's invasion of Afghanistan.

Two other suspected cell members (which would bring the group to eight) have been identified as Jaber Elbaneh and Kamal Derwish. Both are believed to be in Yemen and the Government believes Derwish is the ringleader.

The Judge must decide whether the men pose a risk of flight or a danger to the community if released on bail.

After that, the issue looks like it will be whether participating in terror school at a camp run by Al Qaeda constitutes providing "material support" to Al Qaeda.

In questioning the Government's contention that the men pose an immediate danger, the Judge said:

"I know there are people out there who say if we let these people out and we have another 9-11 God forbid but that's a risk I would be taking," Schroeder said near the end of Friday's hearing. "I'm not concerned with what other people think."

"He said his aim is to protect the Constitution, which he called "probably the most valuable aspect of all."

< "Sleeping Lawyer" Defendant Gets Continuance | "Sleeping Lawyer" Defendant Sues Judge >
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