Najibullah Zazi, 24, of Aurora, was in federal court Friday when U.S. Magistrate Judge Craig Shaffer dismissed a previous charge against him of making false statement in matter involving domestic or international terrorism. That charge stemmed from Zazi's voluntary meetings with federal agents prior to his Sept. 19 arrest. It was his only Colorado-based charge.
Zazi now faces a charge out of New York after an indictment was handed down by the Department of Justice Thursday outlining the conspiracy to use weapons of mass destruction charge.
After Shaffer dismissed the Colorado charge, Zazi told the judge he was happy with this representation and would not need a public defender in New York.
When asked if he understood the charge in New York, Zazi responded, "Yes, your honor."
Shaffer was considering Friday whether to authorize federal authorities to transfer Zazi to New York City, where a federal grand jury indicted him.
As the proceedings continued, the defense objected to Zazi's detention. Shaffer is proceeding with a detention hearing but a final decision has not been made.
Zazi's father, 53-year-old Mohammed Wali Zazi, was also in court on Thursday. He also faces a charge of lying to a federal investigator, but was released from custody with the condition he be kept under electronic monitoring.
The Department of Justice says Najibullah Zazi, "knowingly and intentionally conspired with others to use one or more weapons of mass destruction, specifically explosive bombs and other similar explosive devices, against persons or property within the United States."
The federal government claims Zazi was committed to detonating an explosive device up until his arrest on Sept. 19. The government says they have direct evidence that Zazi actually purchased the component parts of improvised explosive devices and took "substantial" steps to carry out the plan.
The indictment states Zazi purchased most of the components for making the IEDs in Aurora and even practiced making the devices at an Aurora hotel before traveling to New York. The FBI soon raided the place where he stayed in New York and he came back to Colorado.
The court paperwork lists several chemicals Zazi and his associates would use to make the explosive "Triacetone Triperoxide" or "TAPT," which is the explosive used in the 2005 London train bombings and intended to be used in the 2001 "shoe bomb" plot by Richard Reid.
The indictment states there are surveillance videos and receipts that Zazi purchased six bottles of "Liquid Developer Clairoxide" from a beauty supply store in Aurora on July 25.
Surveillance video of Zazi shopping for beauty supplies to use in construction of the bomb surfaced on Thursday night.
An employee at Beauty Supply Warehouse on 6th Avenue and Potomac in Aurora says he waited on Zazi. When he asked Zazi why he was buying so many beauty supplies, he says Zazi said, "I have a lot of girlfriends."
He says he came back several days in a row to buy beauty products.
The indictment goes on to describe how videos and receipts also show that on Aug. 28 Zazi purchased 12, 32 ounce bottles of "Ms. K Liquid 40 Volume," another hydrogen peroxide-based product from the same store.
Experts say a 40 volume would be twice the amount used in a hair salon.
The indictment says Zazi first got instructions on how to build the explosives while in Pakistan in August 2008. The nine pages of handwritten notes describe how acetone found in nail polish remover and hydrogen peroxide can be mixed together with muriatic acid, a household cleaner found in home improvement stores, to make a bomb.
After staying in the hotel suite on Sept. 6, the indictment says Zazi's notes indicate he learned to heat the chemical components to make them more highly concentrated. The FBI searched the room and found acetone residue in a stove vent.
Both Zazis were arrested on Sept. 19 and made initial court appearances on Monday.
The U.S. Attorney's office says Friday will be a detention hearing.
Spokesman Jeff Dorschner says the government has to prove that Najibullah Zazi is either a danger to the community or a risk of flight. If the judge rules that he is either or both of those things, he will be ordered detained.
Dorschner also says Zazi could be moved to New York to continue the investigation there, but the judge must rule on that.
The government asked the judge in Zazi's case to dismiss the Colorado-based lying to investigators charge since the more serious charge was filed in New York.
Zazi became the center of the terror probe in early September after renting a car and driving to New York. He was stopped near New York City on Sept. 10 and investigators say they found bomb-making instructions on the hard drive of his laptop computer in his rental car.
In addition to his trip to New York, authorities believe Zazi's actions show he was committed to his plan because of his trips overseas to receive bomb-making instructions, the fact that he conducted extensive research on the Internet regarding components of explosive devices, and that he purchased, on multiple occasions, the components needed to produce TATP [Triacetone Triperoxide] and other explosive devices.
Zazi and his attorney Arthur Folsom have maintained Zazi's innocence since his name surfaced as a target of the FBI and Joint Terrorism Task Force investigation. Zazi also told 9NEWS in his first interview on Sept. 15 he is "not a terrorist" and has not associated with any one associated with al-Qaeda.
The organization that claimed responsibility for 9/11 and other world-wide terror attacks was not mentioned by name in the indictment.
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Read Najibullah Zazi's indictment
Read Najibullah Zazi's detention motion