Following a six-day trial in March 2008, a jury convicted Defendant Hassan Abu-Jihaad on two charges: (1) disclosing national defense information to those not entitled to receive it in violation of 18 U.S.C. § 793(d); and (2) providing material support to terrorists in violation of 18 U.S.C. § 2339A and § 2. The Government alleged that in 2001, while Mr. Abu-Jihaad was serving as a U.S. Navy Signalman aboard the destroyer, the U.S.S. Benfold, he disclosed classified information regarding the movement of the Fifth Fleet Battle Group, which included the aircraft carrier, the U.S.S.

Constellation, to individuals in London associated with Azzam Publications, an organization that the Government alleged supported violent Islamic jihad. According to the Government, Mr. Abu-Jihaad knew or intended that the information he disclosed would be used to kill United States nationals. By its verdict, the jury agreed with the Government’s assertions.

Mr. Abu-Jihaad now moves for judgment of acquittal and for a new trial. The document—which was often referred to at trial as the “Battlegroup Document”—purported to predict ship movements beginning on March 15, 2001, and therefore, the information contained in the document appeared to have been provided before that date. The first page of the document began as follows: In the coming days the United States will be deploying a large naval/marine force to the Middle East. This will be a two group force: the Battle Group (BG) and the Amphibious Readiness Group (ARG)—these groups will be replacing the already deployed groups in the gulf . . .

Beneath this text was a diagram labeled “Formations Through Straits,” which purported to show in a two-column formation each of the components of the battlegroup. Thereafter, the document described the capabilities of each vessel in the battlegroup, led by the aircraft carrier, the U.S.S. 

Constellation, plus smaller vessels including a destroyer named the U.S.S. Benfold . . . The document ended with an overall assessment of the battlegroup’s vulnerabilities. The document was found on a floppy disk in the home of Babar Ahmad, who had ties with a suspected terrorist organization, Azzam Publications. Abu-Jihaad also emailed and purchased videos from Azzam Publications.

. . . As the Court told the jury in its instructions on the law, to be found guilty of disclosing national defense information to those not entitled to receive it in violation of 18 U.S.C. § 793(d), the Government was required to prove the following essential elements:

(1) First, that Mr. Abu-Jihaad lawfully had possession of, access to, control over, or was entrusted with information relating to the national defense.
(2) Second, that Mr. Abu-Jihaad had reason to believe that such information could be used to the injury of the United States or to the advantage of any foreign nation.
(3) Third, that Mr. Abu-Jihaad willfully communicated, delivered, transmitted or caused to be communicated, delivered, or transmitted such information.
(4) Fourth, that Mr. Abu-Jihaad did so to a person not entitled to receive it.

Questions:

1. Identify the two crimes the defendant is charged with and list the elements of each offense.
2. Identify how the court ruled on the defendant’s motion for a judgment of acquittal for each offense.