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