WASHINGTON, 24 February 2004 — A federal judge dismissed a case against a member of the alleged Virginia jihad network last Friday, declaring prosecutors had failed to present evidence that the man was involved in a conspiracy against the United States.

US District Judge Leonie Brinkema said that although Caliph Basha Ibn Abdur-Raheem “subscribed to a radical form of Islam,” and played paintball, this was not proof he was training for a jihad against the United States.

The prosecution had argued that Abdur-Raheem’s possession of an AK-47 rifle and his participation in paintball games with group members were sufficient to try him.

But Judge Brinkema dismissed all charges against Abdur-Raheem, 29, who resides in Falls Church, Va., and is a Gulf War veteran who served seven years in the US Army as a sergeant. The judge said she saw little evidence in the two-week trial to link him to the conspiracy.

“He does ascribe to perhaps a more radical form of Islam,” the judge said. “He did participate in paintball...but playing paintball is not an illegal activity.”

Paintball involves teams of participants who “fight” against each other using guns that shoot paint-filled pellets.

She also dismissed other charges against him, saying the government could not prove their case beyond a reasonable doubt.

Three men still on trial — Masoud Ahmad Khan, Seifullah Chapman and Hammad Abdur-Raheem — could be sentenced to dozens of years in prison if convicted.

The government accuses the defendants of being encouraged to join Lashkar-e-Taiba, a militant Islamic group in Pakistan shortly after Sept. 1l attacks. They say Ali Al-Timini, 39, a US citizen and imam in Falls Church, urged them to join the mujahideen anywhere in the world.

Judge Brinkema also threw out several conspiracy and firearms charges against Chapman and Abdur-Raheem and one lesser count against Khan. Khan is facing the most serious charges, and remains accused of conspiracy to wage war against the United States. Six others charged in the conspiracy already have pleaded guilty to various charges.

Abdur-Raheem said the charges against all the defendants are baseless. The trial will continue this week against the three other defendants.