BUFFALO, NY - Arafat Nagi was back in Federal Court hoping a judge would dismiss a charge against him of attempting to provide material support to a foreign terrorist organization.
Nagi is accused of planning to join ISIL. Federal prosecutors allege he bought night goggles, body armor and other tactical gear, and pledged his allegiance online to the Islamic State group.
In court, prosecutor Timothy Lynch said they now have a photo of Nagi holding an AK-47 while standing in front of the ISIL flag.
Defense attorney Jeremy Schwartz said he has a lot of concerns about the constitutionality of this case. He asked for a bill of particulars listing what the government intends to prove at trial.
Nagi was born and raised in Lackawanna, NY, but has family in Turkey. It is where he traveled twice, once in 2012 and again in 2014.
Nagi faces up to 35 years in prison if he is convicted. A plea has been offered, but at this time it has not been accepted.
