Judge dismisses terror charges against Fla. Muslim cleric, citing weak evidence

MIAMI — Citing a lack of evidence, a federal judge on Thursday dismissed terrorism support and conspiracy charges against the younger of two Muslim clerics accused of funneling thousands of dollars to the Pakistani Taliban.

U.S. District Judge Robert Scola ruled that “no rational trier of fact” could convict 26-year-old Izhar Khan, who is imam at a mosque in suburban Margate north of Fort Lauderdale. Trial is continuing against his father, 77-year-old Hafiz Khan. Scola said the evidence against the older Khan is much stronger.

“This court will not allow the sins of the father to be visited upon the son,” Scola wrote in a seven-page order.

Federal prosecutors earlier dropped charges against another of Hafiz Khan’s sons who also had minimal involvement. Izhar Khan’s attorney, Joseph Rosenbaum, said a judge’s dismissal of charges is rare, particularly in a case linked to international terrorism.

Hafiz Khan, imam at a downtown Miami mosque, still faces four terrorism support-related charges that each carry maximum 15-year prison sentences. Prosecutors said Hafiz Khan orchestrated the sending of at least $50,000 to the Pakistani Taliban between 2008 and 2010, money that was allegedly used to help mujahedeen fighters attack Pakistani and U.S. targets.

In his order, Scola noted that the older Khan was recorded by the FBI talking “openly and brazenly” about raising money to help overthrow the Pakistani government so that strict Islamic law could be imposed. The recordings showed Hafiz Khan praised suicide bomb attacks in Pakistan and the attempt in May 2010 by Faisal Shahzad to detonate a bomb in New York’s Times Square.