By ZEINAB NAJM
Times-Herald Newspapers
DEARBORN — The attorneys for Ibraheem Musaibli, 28, of Dearborn have filed for a competency evaluation and neuropsychological testing in order to determine if he is able to comprehend his current legal situation and assist properly in his defense, the motion read.
Musaibli was charged with additional offenses of conspiring to provide material support to Islamic State of Iraq and al-Sham, possessing and discharging a machine gun in furtherance of a crime of violence, and receiving military-type training from ISIS, according to the U.S. Department of Justice.
Federal prosecutors did not oppose the request for Musaibli to undergo a competency evaluation, according to the Detroit News.
Less than a week after the new charges were announced, a motion filed on April 15 written by Federal Community Defender Deputy Defender James Gerometta said Musaibli requests the court enter an order to commit him to the custody of the attorney general for both the evaluation and testing to determine his competency to stand trial.
“During this time, Mr. Musaibli displayed and continues to display varying degrees of ability to comprehend the nature of the charges against him and to recall and process information,” Gerometta wrote. “From the beginning, Mr. Musaibli’s ability to assist counsel in trial preparation has been marginal. Recently, this ability became markedly worse. Mr. Musaibli’s ability to correctly recall prior discussions and comprehend the significance of legal decisions necessary to advance his case appears to be deteriorating.”
Gerometta also states that public school testing performed in the second grade revealed Musaibli’s history of deficits which extend to recent testing which demonstrated borderline functioning performance in the processing speed area; performance that is on or near the bottom of low average functioning in verbal comprehension and reasoning; and extremely low functioning in various memory tests.
Symptoms Musaibli displayed relating to a neurocognitive disorder were, “pressured speech; a subrational response to questions; and a preoccupation with his own thoughts that overshadow his ability to communicate with counsel,” Gerometta wrote.
“Mr. Musaibli’s deficits are most notable when observed over a period of time, rather than immediately obvious during an interview,” Gerometta said. “A more prolonged observation of Mr. Musaibli within a Bureau of Prisons’ psychiatric center may result in a more comprehensive picture of his mental state than an evaluation conducted by a local practitioner or an evaluation at a Bureau of Prisons facility without dedicated mental health staff.”
Gerometta wrote that Musaibli has met with attorneys with the Federal Community Defender Office for over 100 hours since appointment.
“A longer period of observation, that includes neuropsychological testing, can be accomplished by committing Mr. Musaibli to the custody of the Attorney General,” the motion read. “This Court must ensure Mr. Musaibli is competent to proceed to trial and defense counsel has an ethical obligation to raise issues relating to competency.”
According to the new indictment, Musaibli allegedly knowingly provided and attempted to provide material support to ISIS, in the form of personnel and services, knowing that ISIS is a terrorist organization and that ISIS engaged in terrorism from April 2015 to June 2018.
“The superseding indictment against Musaibli adds charges to more fully capture his conduct while with ISIS for some two-and-one-half years,” U.S. Attorney Matthew Schneider said in a press release. “The superseding indictment alleges that, during that substantial period of time, Musaibli provided material support to ISIS, conspired with others to provide support to ISIS, possessed and fired a machine gun in support of ISIS, and attended an ISIS military training camp. This superseding indictment reflects our commitment to prosecute anyone who supports terrorists to the full extent of the law.”
If convicted of the new charges, he could face from 40 years to life in prison.
Also, the indictment lists five other aliases under Musaibli’s name that federal officials say he used, including Abu Shifa Musaibli, Abu ‘Abd Al-Rahman Al-Yemeni, Abu Abdallah Al Yemeni, Abdallah Umar Al-Salih, and Ibraheem ‘Izd ‘Umar Salih Musaibad.
Musabli is a natural-born U.S. citizen who was detained overseas by Syrian Democratic Forces and was transferred into U.S. custody following initial charges in July. His tie to Dearborn is from attending Edsel Ford High School where he dropped out to work at his father’s perfume store.
Musaibli is married and has four children who live in Yemen and Pennsylvania.
The U.S. Department of Justice press release said Musaibli was previously indicted for providing and attempting to provide material support to the Islamic State of Iraq and al-Sham, a designated foreign terrorist organization.
In July, Musaibli pled not guilty to providing and attempting to provide material support to ISIS and no bond was issued. Musaibli’s family told the Detroit News that he is not a terrorist and that the FBI failed to help free him from the Islamic State.
At the time, his younger brother Abdullah Musaibli told the Detroit News that Ibraheem Musaibli traveled to Iraq and Yemen to help refugees and their families. The Detroit News also reported that, “Musaibli was taken into custody by Syrian Democratic Forces in July while trying to flee the Middle Euphrates River Valley in northern Syria.”
(Zeinab Najm can be reached at [email protected])