Classified Documents From Iraq Are at Heart of Translator Case
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

A Brooklyn man whose identity is a mystery will go on trial February 20 for allegedly possessing classified documents that he obtained while serving in Iraq as a translator for American forces.
The man, who is likely in his 40s and has gone by a series of pseudonyms, was arrested in 2005. At his apartment on Hoyt Street, law enforcement officials found four documents, all marked “secret,” which the man allegedly stole from the 82nd Airborne in Iraq.
In a court filing on Wednesday, prosecutors describe in detail for the first time three of the documents, which have since been declassified. One document, prosecutors say, includes coordinates of locations that American forces suspected were being used to hide weapons of mass destruction. Another included the locations of American artillery positions. A third document provided a list of routes used by Muslim pilgrims leaving Iraq for Mecca, prosecutors say. A fourth document allegedly found on a CD in the man’s possession remains classified.
Prosecutors maintain that the man was not authorized to possess classified documents in Iraq, much less take them home with him. In a post-arrest interview, according to the recent government filing, the man told FBI agents that he needed the documents for the cultural awareness classes that he gave to American soldiers while in Iraq.
Under the name Almaliki Nour, the man worked for L-3 Titan Group as a translator for American forces in the area west of Baghdad beginning in 2003. While there, he received high praise from both his employer and the American soldiers with whom he worked, according to court documents.
Prosecutors, however, argue that the man’s loyalties lie with Al Qaeda. As proof, the government intends to show jurors several “pro-Al Qaeda” images the man allegedly downloaded from the Internet, prosecutors say in recent filings. One picture, which the government submitted to the court, shows an airplane about to strike the World Trade Center. Beneath the image is a logo of a shipping company and a motto: “We fly things straight to your office.” Another image shows a skyline, described as New York’s, dominated by mosques and minarets.
Although the defendant is not charged with espionage, prosecutors say the man had ties with leaders of the insurgency in Iraq.
At a court hearing in 2005, the man’s defense lawyer, Mildred Whalen, said her client “categorically denies having any knowing contact with anyone who had any interest against the U.S. or designs against the U.S.”
In a letter filed Wednesday, assistant U.S. attorneys John Buretta and Jeffrey Knox wrote that the defendant had been “in e-mail contact with Sunni sheiks in the Sunni Triangle — individuals from whom the defendant admitted taking bribes.”
Whether prosecutors will get to introduce the alleged computer images and bribes depends in part on whether the defendant takes the witness stand and testifies that he is loyal to this country.
Contacted by telephone, Ms. Whalen of the federal defender’s office declined to discuss the case or her trial strategy.
Past filings suggest that Ms. Whalen intends to portray the defendant, whom she refers to as Noureddine Malki, as an enthusiastic new citizen of this country whose loyalties to America are unimpeachable.
The defendant, who is being held in federal jail in Brooklyn, pleaded guilty in 2005 to lying on immigration forms. During this case, Ms. Whalen submitted to the court letters of recommendation from more than a dozen American army officers whom the defendant had known in Iraq.
In one, a captain, Robert Gregor III, wrote that he would “gladly serve” with the defendant “in peacetime or war” and that the defendant’s “contributions have undoubtedly saved the lives of countless soldiers and civilians while ensuring that the insurgency and terrorist threat was drastically reduced.”
In prior court filings, Ms. Whalen claims that the defendant had emigrated from Morocco in 1978. He signed up to become a translator and go to Iraq because he wanted to serve this country and believed it would pave the way to becoming a citizen, according to his lawyer.
The upcoming trial is expected to last more than a week. It is before Judge Edward Korman of U.S. District Court in Brooklyn.