Wed, 28 Nov 2001

Agus Budiman linked to attacks, FBI agent says

Agencies, Alexandria, United States

A federal agent testified on Monday that an Indonesian facing charges of documentation fraud and violating immigration laws had close ties to two prime suspects in the Sept. 11 terrorist attacks in Washington and New York.

FBI Special Agent Jesus Gomez said in a preliminary detention hearing for Agus Budiman that the 31-year-old Indonesian citizen were very close to suspected ringleaders Mohamed Atta and Marwan al-Shehhi, and that he may have helped plan the attacks.

When Agus' court-appointed lawyer heard the testimony, he asked the court to be excused from the case.

"I'm a retired Army officer," said Agus' attorney, Greg English. "I cannot in good conscience represent anyone accused of terrorist activity against the U.S."

English said Budiman did not tell him about his possible associations. He thought Agus was a "run of the mill" immigration fraud case.

The federal judge hearing the case ended the proceeding after only 10 minutes, before Gomez could complete his testimony. Magistrate Theresa Buchanan granted English's request and rescheduled the hearing for Thursday. As of Monday afternoon, Agus had not retained new counsel, court officials said.

Meanwhile in Jakarta, Foreign Affairs Minister Hassan Wirayuda said on Tuesday that the government would provide lawyers for Agus should his family be unable to afford one for him.

"We will do our best to give legal protection for Indonesian citizens and if his family does not have enough money for a lawyer to represent Agus Budiman we have to find one for him," Hassan said.

He added that Agus' parents had visited the Indonesian foreign affairs ministry to clarify that their son was never involved in terrorist activities.

Gomez testified that Agus' associations with the suspected terrorists began in Hamburg, Germany, when Agus lived there more than a year ago.

Agus is also a friend of Ramzi Binalshibh in Germany, an "imam" or religious leader, Gomez testified.

Binalshibh is a fugitive whom authorities believe might have played a role in planning the attacks as well.

Binalshibh twice tried to use his association with Agus to enter the U.S. but failed both times, Gomez testified.

Attorney General John Ashcroft told reporters last month that Binalshibh's connections to the hijackers are "extensive." FBI Director Robert Mueller had called Binalshibh "the 20th hijacker" who was supposed to have taken part in the attacks but could not get into the country.

Agus, arrested for overstaying his visitor visa and illegally taking a job as a delivery driver, arrived in the U.S. in October 2000. He was accompanied by Mohammad Belfas, who also is wanted by federal authorities in connection with the attacks.

Agus is accused of falsifying documents to help Belfas get a Virginia driver's license.

Most of the more than 1,100 people arrested or detained by federal or state authorities are being held on immigration violations; others are charged with unrelated criminal offenses or are being held as material witnesses.

Civil liberties groups and members of Congress have asked the Justice Department to disclose information about the detainees, where they are being held and whether they have been released.

The department has demurred, citing grand jury rules, judges' orders as well as the privacy of the suspects, which Ashcroft said on Monday was one of the reasons he would not release a list of names.

Ashcroft had never publicly cited privacy rights until now.

"The law properly prevents the department from creating a public blacklist of detainees that would violate their rights," Ashcroft said.

Justice Department spokeswoman Mindy Tucker said some of the detainees are believed to have possible terrorist connections, but they will have been unfairly labeled if their names are released and they are eventually cleared.

Ashcroft said no one has been detained who has not violated some federal law, and no detainee has been denied the right to contact a lawyer. "They are not being held in secret," he said.