FM QIRBI ON THE ARREST OF SHEIKH MOAYED

C O N F I D E N T I A L SANAA 000482 SIPDIS DEPARTMENT FOR L/LEI, S/CT DOJ FOR DAAG BRUCE SWARTZ E.O. 12958: DECL: 03/11/2013 TAGS: PTER PREL ASEC PGOV KJUS YM TERFIN SUBJECT: FM QIRBI ON THE ARREST OF SHEIKH MOAYED REF: A. BERLIN 406 ¶B. SANAA 127 ¶C. BERLIN 131 ¶D. SECSTATE 7011 Classified By: Edmund J. Hull, Ambassador for Reasons 1.5 (b,d) ¶1. (C) Summary: On Monday 3/10 DCM provided Foreign Minister al-Qirbi with a redacted copy of the U.S. complaint against Sheikh al-Moayed and a non-paper highlighting the most compelling arguments. Qirbi commented on "USG misconceptions" regarding Moayed's involvement with Hamas and his financial transactions with a mosque in New York. Qirbi also offered future ROYG assistance to clarify these and future "areas of confusion" concerning this case. End summary. ¶2. (C) DCM Misenheimer met with Foreign Minister Abu Bakr al-Qirbi on March 10 and discussed the arrest of Sheikh Mohammed Ali al-Moayed (other topics reported septels). (Ambassador was traveling in Aden). To facilitate ROYG access to relevant public documents, DCM presented Qirbi with a redacted copy of the United States District Court Eastern District of New York's complaint in support of the U.S. request for Moayed's extradition. DCM cautioned that many have been surprised by the strength of this indictment, particularly the evidence of al-Qaida links, and noted that the Germans may reach a decision on the extradition of Mohammed Mohsen Yahya Zayed, Moayed's Assistant, later this week, and on the extradition of Moayed himself at the end of March. ¶3. (C) Qirbi provided additional information on two issues ROYG considers fundamental to the U.S. case against Sheikh Moayed: Moayed's receipt of funds from a mosque in New York and his involvement with Hamas. Qirbi noted that the funds Moayed received from the mosque in New York were intended to assist him in his charity work in Yemen. Qirbi then explained that in Yemen contributions to individuals and organizations supporting the people of Palestine, including Hamas, are not illegal, and Moayed should therefore be judged based on Yemeni, not U.S., law. Qirbi also said that numerous officials, perhaps including Moayed, met with Hamas Undersecretary Khalid Mashal during his last trip to Yemen. Any such meeting was not evidence of a terrorist connection, argued Qirbi -- particularly since Yemeni meetings with Mashal were focused on convincing him to support the Middle East peace process. Qirbi reiterated that ROYG and USG should work together to look at these issues in more detail, and volunteered the assistance of the Political Security Organization in this endeavor. ¶4. (C) DCM acknowledged U.S. and Yemen disagreement on the designation of certain terrorist organizations, but, in light of the mutual designation of al-Qaeda as an illegal terrorist group, suggested that any future U.S.-Yemen cooperation on this case might focus on evidence of Moayed's dealings with al-Qaeda. Qirbi nodded affirmatively but did not pursue the point. ¶5. (C) Comment: Since DOJ's March 5 press conference announcing the release of the complaint, media coverage of al-Moayed's arrest and public opposition have reappeared after a hiatus of several weeks. The March 8 Yemeni Observer quoted a Yemeni official attesting to Moayed's innocence saying, "It is illogical that a Yemeni with $20 million would hand it over to Osama bin Laden." This official has been identified by a reliable embassy source as Mohammed Sudam, President Saleh's interpreter and a BBC correspondent, and his comment is thus likely to reflect President Saleh's personal opinion. Al-Sahwa Net, a publication of the Islamist opposition party Islah, also reported that on Sunday, March 9 more than a thousand men from the Khawlan tribe participated in a sit-in in front of the Presidential Palace demanding President Saleh's intervention to seek the release of al-Moayed. HULL