WASHINGTON – Senator Chuck Grassley today, citing the oversight responsibility of Congress, has asked Secretary of State Condoleezza Rice for documents regarding Ahmed Abdellatif Sherif Mohamed and Youssef Samir Megahed, two Egyptian University of South Floridastudents indicted on terrorism charges.
The charges originated from an August 4, 2007 traffic stop by a South Carolina law enforcement officer, during which explosive devices and possible bomb making materials were discovered.
Following media reports that one of the men was arrested in Egypt prior to obtaining a student visa, Grassley expressed concern about screening procedures for student visa applicants, and launched an inquiry to determine why the Egyptian was admitted to the United States. The State Department refused to provide the requested documents.
Here is a copy of today’s letter followed by Grassley’s original letter to Rice.
October 29, 2007
Via Facsimile: (202) 647-9667
The Honorable Condoleezza Rice
Secretary of State
United States Department of State
2201 C Street N.W.
Washington, D.C. 20520
Dear Secretary Rice:
On September 17, I wrote to you seeking information on how Ahmed Abdellatif Sherif Mohamed and Youssef Samir Megahed were admitted to the . As you know, they have been indicted on federal terrorism and explosive charges, and some media reports have indicated that Mr. Mohamed may have been arrested in before obtaining a student visa. Given that lapses in our student visa system allowed the 9/11 hijackers easy access to the United States while planning the attacks, fewer issues are of greater concern than ensuring that we thoroughly screen student visa applicants.
Therefore, my letter asked for a copy of Mr. Mohamed’s visa application, among other things. However, I have not received a response to my letter even though it was sent over a month ago. Your staff has indicated that you will not provide the information and documents I requested, citing various reasons including 8 U.S.C. 1202(f), a statutory provision which makes records relating to the issuance or refusal of visas. However, in applying Congress's broad investigatory power to obtain access to documents containing confidential information, federal courts have expressly held that executive agencies may not deny Congress access to such documents whose disclosure to the public is otherwise statutorily barred.[1] In other words, Congress generally does not limit its own access to information unless it does so explicitly. Thus, statutes which merely contain general protection for records from “disclosure” are inapplicable to Congress.
Accordingly, please provide the requested documents and information as soon as possible. Should there be any questions regarding this matter, your staff may contact Investigative Counsel at (202) 224-4515.
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[1] See e.g., F.T.C. v. Owens-Corning Fiberglass Corp., 626 F.2d 966, 970 (D..C. Cir. 1980); Exxon COT. v. F.T.C., 589 F.2d 582, 585-86 (D.C. Cir. 1978), cert denied 441 U.S. 943 (1979); Ashland Oil Co,, Inc. v. F.T.C., 548 F.2d 977, 979 (D.C. Cir. 1976).
September 17, 2007
The Honorable Condoleezza Rice
Secretary of State
United States Department of State
2201 C Street N.W.
Washington, D.C. 20520
Dear Secretary Rice:
As the Senior Senator from Iowa, Ranking Member on the United States Senate Committee on Finance (Committee), and a senior member of the Committee on the Judiciary it is my constitutional duty to conduct oversight into the actions of the Executive Branch, including the activities of the Department of State.
As reported in several media articles, Mr. Ahmed Abdellatif Sherif Mohamed and Mr. Youssef Samir Megahed were engineering students at the University of South Florida (USF). These two men are believed to be citizens and nationals of , and were recently indicted on federal terrorism and explosive charges. The charges originated from an August 4, 2007 traffic stop by a South Carolina law enforcement officer, during which explosive devices and possible bomb making materials were discovered. The traffic stop took place about seven miles from the Goose Creek Naval Weapons Station, which houses a military prison for enemy combatants. The articles further stated that Mr. Megahed’s immigration status is that of a lawful permanent resident (LPR). They go on to state that Mr. Mohamed applied for and received a U.S. Department of State F-1 nonimmigrant student visa to attend classes at USF. Moreover, Mr. Mohamed was reportedly arrested on terrorism related charges in before entering the .
Additionally, the articles also cite that federal and state law enforcement officers executed a federal search warrant at 12402 Pampas Place, Temple Terrace, Florida , an address linked to Messrs.Mohamed and Megahed. The list of the items seized included Xylo Xylene, odorless mineral spirits and PVC pipe, materials which could be used in the production of an improvised explosive devise (IED) or in the production of illegal substances, such as methamphetamine. It is my further understanding that theTempleTerrace residence is linked to Ramadan Abdallah Mohamed Shallah, an FBI Most Wanted terrorist that is associated with the Palestinian Islamic Jihad, a designated terrorist organization. Also, the address is linked to Tarik Hamdi, who was an al-Qaeda operative and is currently wanted by Immigration and Customs Enforcement (ICE).
Given this information, I am deeply concerned about the implications this case may have for our national security and the effectiveness of our screening procedures for immigrants and nonimmigrants entering this country. It is essential that Congress understand why these individuals were not excluded from admission into the .
Therefore, please respond to the following questions and document requests related to Messrs. Mohamed and Megahed:
I would appreciate your prompt reply to this request but in no event later than September 24, 2007.