Judge orders Afghan man accused of planning Election Day attack in US to remain in custody

An Afghan man who is accused of plotting an Election Day attack in the U.S. was ordered Thursday to remain in custody as officials disclosed that he had previously worked as a security guard for an American military installation in Afghanistan.

U.S. Magistrate Judge Suzanne Mitchell in Oklahoma City issued her ruling after hearing testimony from an FBI special agent that Nasir Ahmad Tawhedi, 27, of Oklahoma City, and his brother-in-law, a juvenile, took steps to obtain AK-47 rifles and ammunition and planned to carry out an attack targeting large crowds on Election Day next month. Mitchell also determined there was probable cause to bind Tawhedi over for trial.

FBI agent Derek Wiley testified that Tawhedi also is linked to an investigation in France that led to the arrests this month of three people, including two of Tawhedi's brothers, who authorities say were plotting a terrorist attack in that country. One of those arrested in France, a 22-year-old Afghan who had residency papers in France, was being investigated for a suspected plan to attack people in a soccer stadium or shopping center.

Authorities say both Tawhedi and those arrested in France were inspired by Islamic State ideology.

The Justice Department said earlier that Tahwedi had entered the U.S. on a special immigrant visa in September 2021 shortly after Afghanistan’s capital city of Kabul was captured by the Taliban, and had been on parole pending a determination of his immigration status. In court Thursday, Assistant U.S. Attorney Matthew Dillon told the judge that Tawhedi had been temporarily allowed into the U.S. while he had a pending application for resident status, but that his parole status has since been revoked.

“Were he to be released today, he would be unlawfully in the United States,” Dillon said.

Tawhedi, bearded and with dark tousled hair, was led into the courtroom with his hands shackled around his waist and flanked by two U.S. marshals. Both he and his attorney, Craig Hoehns, wore a headset to communicate, and a Dari language interpreter was provided by the court.

Wiley testified that Tawhedi had been under observation by federal agents for more than 40 days before his arrest on Oct. 7. He said Tawhedi subsequently admitted to investigators that he and his co-conspirator planned their attack to coincide with Election Day next month and that they expected to die as martyrs in the attack.

Wiley said Tawhedi had used the online messaging application Telegram to communicate with an account associated with the Islamic State militant organization that was directing his actions, and that Tawhedi had sworn allegiance to the group and “would do whatever they told him to.”

In arguing for home detention while awaiting trial, Hoehns suggested that the only weapon Tawhedi ever handled in the U.S. was given to him by a government informant and that Tawhedi had never been arrested or even received a traffic citation in three years in the U.S.

Hoehns said Tawhedi had worked previously as a rideshare driver in Dallas and at several oil change locations in Oklahoma City.

France’s national anti-terrorism prosecution office has previously said that its probe leading to the Afghan’s arrest was launched Sept. 27, prior to Tawhedi’s arrest in the U.S.

In a statement Wednesday, the FBI said the arrests in both countries “demonstrate the importance of partnerships to detect and disrupt potential terrorist attacks."

"The coordination between the United States and French law enforcement contributed to these outcomes,” the FBI said.

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Associated Press writer John Leicester in Paris contributed to this report.