UNITED STATES DISTRICT COURT

FOR TUf, EASTERN DISTRICT OF NORTH CAROLINA

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Ziyad'{a$i,
l>elilioner,

Case No: 5:09-cr-00216-FL

United Stals of America,

Respondent.

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EX}ERT REPORT OF JAMES L. FELDXAMP

1.

I am a former Spcial Agent with the Federal Bureau oflnvestigation (FBI)'

having sewed five yeals and one month l am a founding member ofthe
Tidewater Joint Terrorism Task Force where I was responsible for i'vestigating
and proscuting individuals identified as panicipating in intrnational and

domestic terrorism. In that capacity, I worked on cases such as the HAMAS

cigarefte smuggling, Hezbollah, and Al-Qaeda cases.

2.

During my time with the FBI, I was one ofthree pilots in the Norfolk o{fice

wilh aerial physical surveillance ofsuspects in ongoing criminal and

tasked

teroflst

3.

cases.

I am an Adjunct Professor at Ceorge Mason University, Henley-Putnam

University, and previously I worked as an adjunct Professor at George
Washington University for three years. I have developed and taught a
comprehensive course on theories and politics oftenorism, including the causes

oftenorism, history, motivations, and objectives- The class explores military, law
enforcement and geopolitical concems allecting U.S. national counter-terrorism

policy.

4.

I am a recognized expert in forign affairs and counter-terorism. At the request

Jones

& Bartlett Publishers, I reviewed, critiqued

and edited the university

textbook entitled "Counterterorism." I authored and edited the university

textbook, "Theory & Politics ofTerrorism,', published by Cognella Academic

DECLARATION OF JAMES L. FELDKAMP

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Publishing in 2013. Chapters include: Causes ofTerorism, Media and Tenorism'

Crime and Terrorism, Religion and Terrorism, Intemational Terrorism' State

Sponsors of Terrorism. Counter-Terrorism, and Defeating Terrorism.
5.

I founded JLF Solutions in 2013, which provides taining and subject matter
expertise in the fleld of counter-tenorism, transnational crimes, and mantime
domain awareness. Past engagements include training Spcial Agents and
Analysts fiom the FBI, U.S. military prsonnel, and other intelligence officers as

well

as past international and

dome$ic law enfolcement officers on terrorism and

counter-terrorism trends and developments on behalfofthe Threat Knowledge

Group and The Society of lndustrial Security Professionals (fonnerly National

Classification Management Society) . I was a guest speaker at the Program on

Terro

sm and Securiry Studies Workshop entitled "Convergence: Tomorrows

Risk to Today" in Garmisch-Partenkirchen, Germany. I have also served as a

counter-teno sm and security subiect matter exped on Skynews and Alghad

Alarabi Networks.
6.

At the request ofthe Constitutional Law Center for Muslims in America, I have
reviewed Evan Kohlmann's testimony from Ziyad Yaghi's trial and the Daubert
Hearing transcdpt.
Based on my training and xperience in th counter-terorism field, I

will render

my observations and opinions associated with Evar Kohlmann's theories on

tgrrorism and his analysis in this paniculsr case.

I do not blieve dlat the term "homegrown tenorist" in th Yaghi case is an
accurate descriptor. It conflates the concept ofdomestic and intemational

te.rorism. Although there are many definilions

ofterrorism

one can say that

terrorism is "The use offorae (or threat thereoo against those who cannot defend
themselves taken by a non-state actor with political, ideological or (religious)

aims and ultinately aimed against a legirimate political order." Or more simply
put

violence, or the threat ofviolence, against civilians (or those who cannot

protect themselves), for a political purpose.

DECLARATION OF JAMES L. FELDKAMP

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Tenorism is violenc against civilians for a political pulpose. Therefore,

domestic tenorist is an individual who commits violence against civilians for a

political purpose within the United States. An intemational terrorist is an

individual who commits violence against civiliaN for a polirical pupose overseas
or is direcled by an agent ofa nation or transnational actor operating outside the

jurisdiction ofthe United States.

10.

I do not believe a hierarchal "globaljihad" novement exists. There is a shared

ideology that drives many lslamic tenorist organizations, but they do not work
under a shared umbrella. In fact, many ofthese Islamic tenorist organizations are

in compelition with each other. For example, Al-Qaeda and ISIS. While these
organization may share taatics and procedues, it is unclear whether they share

information and resources necrssary to unifo the organizations under a single

movement.
1t

It is my opinion that il would hav been fairly easy to impeach Evan Kohlmann at
trial by invalidaling his theories during cross-examination Specilically'
Kohlmann's theory regarding what fscton indicate a "homegrown lerrorist." The
factors Kohlmann listed at trial include:

(l)

engaging in self'selecting activity; (2)

acquiring the necessary goods and materials to carry oul that plan; (3) adoption
a sectarian ideology; (4) use

of

of logistical subterfuge; and (4) deliberative

collection and redistribution of tenorist propaganda.

t2

The two factors that stand out as invalid are adoplion ofsectarian ideology and
the use of logistical subterfuge. Tenorism is not always motivated by religion,
therefore, including sectarian ideology as a factor for a "homegrown terrorist"
excludes secular terrorists. "L.ogistical subterfuge," or us ofcode words' is
common among noo-tenorists as well, such as bank robbers Therefore, it is not
an accurate indicator.

l3

t declare under penalty of perjury under the laws

that the foregoing is true and corrct-

E(ll,ARAl lON OF J,tNlES t.. l-f,1,1)KAllP

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ofthe state ofNorth Carclina