Evan Kohlmann Testifies As Abu-Jihaad Trial Begins

By Andrew Cochran

Today was the opening day in the trial of former U.S. Navy sailor, Hassan Abu-Jihaad, on charges of providing material support to terrorists by sending classified information on naval ships to Baber Ahmad, the British computer expert who operated the Azzam.com jihadist websites. Contributing Expert Evan Kohlmann, who will appear this Friday at the Counterterrorism Foundation panel on terrorism and the virtual world, provided expert testimony on al Qaeda, jihadist recruitment, their activities in several countries, and the role of Azzam Publications among jihadists.

But first, Evan had to survive his usual opening ritual in terrorism-related federal trials, a challenge by the defense to his qualification as an expert. That took place last week in what is known as a "Daubert hearing," in which the judge hears from both sides on the qualifications of the expert. In the Abu-jihaad case, the judge ruled to allow his testimony with the following:

"Mr. Kohlmann is certainly qualified to provide expert testimony on the issues he proposes to address, and Mr. Abu-Jihaad does not contend otherwise. Mr. Kohlmann's CV was marked as an exhibit at the Daubert hearing. He has published a book entitled Al Qaida's Jihad in Europe: The Afghan-Bosnian Network, which was cited as an authoritative source in the 9/11 Commission's Report. It is also used in courses taught at Harvard University and at Johns Hopkins University, among others. Mr. Kohlmann has published peer-reviewed articles on the subjects about which he intends to testify, including articles for Foreign Affairs. He also regularly lectures and speaks on these subjects. Mr. Kohlmann has testified as an expert in seven trials held in the United States and in several cases before foreign courts.

In this Circuit, two judges of the United States District Court for the Southern District of New York have expressly concluded that Mr. Kohlmann is qualified to provide expert testimony on terrorism similar to that which he intends to provide in this case. United States v Sabir, 2007 WL 1373184, at * 1; United States v. Paracha, 2006 WL 12768, at *18. In Paracha, Judge Sidney Stein found that Mr. Kohlmann "possesses sufficient education, training and experience to qualify as an expert on the origins, leadership and tradecraft of the al Qaeda organization." 2006 WL 12768, at *20. And in Sabir, Judge Loretta Preska found that Mr. Kohlmann was qualified to offer testimony on the origins and history of al Qaeda as well as Azzam Publications. See 2007 WL 1373184, at *8-*9; see also Aref, 2007 WL 603508, at *16 (holding that Mr. Kohlmann could provide expert testimony on political groups in Bangladesh). The Court agrees with Judges Stein and Preska. Mr. Kohlmann is qualified by means of his education, training, background, and experience to testify as an expert on terrorism and Azzam Publication's role in international terrorism.

Mr. Abu-Jihaad's principal attack on Mr. Kohlmann's proposed testimony is that it is not based upon sufficient facts or data and is not the product of reliable principles and methods. The Court disagrees. Mr. Kohlmann has conducted first-hand interviews of several leaders of terrorist organizations and has reviewed reams of information about al Qaeda, Azzam Publications, and the other subjects on which he will offer testimony. Indeed, though he is relatively young to be an expert, it is apparent that these subjects are Mr. Kohlmann's life work, and he has, therefore, acquired a considerable amount of information and documentation on these subjects. He testified that he applies to his expert testimony the same social science methodologies that he learned at Georgetown University and that are applied to other subjects that cannot be tested scientifically. Mr. Kohlmann's work receives a considerable amount of peer review from academic scholars and others, and by all accounts, Mr. Kohlmann's work is well regarded."

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