Full opinion text
OPINION and ORDER KOELTL, District Judge. The defendants — Ahmed Abdel Sattar (“Sattar”), Lynne Stewart (“Stewart”), and Mohammed Yousry (“Yousry”) — were charged in a seven-count superseding in-dietment (“SI Indictment”) filed on November 19, 2003. Count One of the SI Indictment charges Sattar, Stewart, and Yousry with conspiring to defraud the United States in violation of 18 U.S.C. § 371. Count Two charges Sattar with conspiring to murder and kidnap persons in a foreign country in violation of 18 U.S.C. §§ 956(a)(1) and (a)(2)(A). Count Three charges Sattar with soliciting persons to engage in crimes of violence in violation of 18 U.S.C. § 373. Count Four charges Stewart and Yousry with conspiring, in violation of 18 U.S.C. § 371, to provide and conceal material support to be used in preparation for, and in carrying out, the conspiracy alleged in Count Two. Count Five charges Stewart and Yousry with a substantive count of providing and concealing material support to the Count Two conspiracy, in violation of 18 U.S.C. §§ 2339A and 2. Counts Six and Seven charge Stewart with making false statements in violation 18 U.S.C. § 1001. The SI Indictment supersedes a five-count indictment filed on April 8, 2002 (“original indictment”). Count One of the original indictment charged Sattar, Stewart, Yousry, and Yassir Al-Sirri, a defendant not charged in the SI Indictment, with conspiring to provide material support and resources to a foreign terrorist organization (“FTO”) in violation of 18 U.S.C. § 2339B. Count Two charged the same defendants with providing and attempting to provide material support and resources to an FTO in violation of 18 U.S.C. §§ 2339B and 2. Count Three charged Sattar and Al-Sirri with soliciting persons to engage in crimes of violence in violation of 18 U.S.C. § 373. Count Four charged Sattar, Stewart, and Yousry with conspiring to defraud the United States in violation of 18 U.S.C. § 371. And Count Five charged Stewart with making false statements in violation of 18 U.S.C. §§ 1001 and 2. United States v. Sattar, 272 F.Supp.2d 348, 352-53 (S.D.N.Y.2003). Sattar, Stewart, and Yousry moved to dismiss the original indictment on various grounds. The defendants argued, among other things, that Counts One and Two were unconstitutionally vague as applied to the conduct alleged against them in the original indictment. Counts One and Two charged the defendants with conspiring to provide, and providing, material support and resources to the Islamic Group, an organization led by Sheikh Abdel Rahman that had been designated an FTO by the Secretary of State. Section 2339B of Title 18 incorporates the definition of “material support or resources” from § 2339A, and the definition includes, among other things, “personnel” and “communications equipment.” Sattar, 272 F.Supp.2d at 356. In an Opinion and Order dated July 22, 2003, the Court granted the defendants’ motion to dismiss Counts One and Two of the original indictment as void for vagueness as applied to the allegations in the original indictment, where the defendants were alleged in part to have “provided” material support by providing themselves as “personnel” and to have provided “communications equipment” by using their own telephones. Sattar, 272 F.Supp.2d at 357-61. The Government filed the SI Indictment on November 19, 2003. Sattar and Stewart now move to dismiss the SI Indictment on numerous grounds. They also move for a bill of particulars and various other relief. I A The SI Indictment alleges the following facts. From at least the early 1990’s until in or about April 2002, Omar Ahmad Ali Abdel Rahman, a/k/a “the Sheikh,” a/k/a “Sheikh Omar” (“Sheikh Abdel Rahman”), an unindicted alleged co-conspirator in Counts One and Two, was an influential and high-ranking member of terrorist organizations based in Egypt and elsewhere. (SI Ind. ¶ 1.) Sheikh Abdel Rahman allegedly considered nations, governments, institutions, and individuals that did not share his radical interpretation of Islamic law to be “infidels” and interpreted the concept of “jihad” to compel the waging of opposition against such infidels by whatever means necessary, including force and violence. (SI Ind. ¶ 1.) The SI Indictment alleges that Sheikh Abdel Rahman stated publicly in 1990 that “jihad is jihad ... there is no such thing as commerce, industry and science in jihad. This is calling things ... other than by its own names. If God ... says do jihad, it means do jihad with the sword, with the cannon, with the grenades and with the missile; this is jihad. Jihad against God’s enemies for God’s cause and His word.” (SI Ind. ¶ 2.) Sheikh Abdel Rahman allegedly supported and advocated jihad to, among other things: (1) overthrow the Egyptian government and replace it with an Islamic state; (2) destroy the nation of Israel and give the land to the Palestinians; and (3) oppose those governments, nations, institutions, and individuals, including the United States and its citizens, whom he perceived as enemies of Islam and supporters of Egypt and Israel. (SI Ind. ¶ 3.) Sheikh Abdel Rahman allegedly endorsed terrorism to accomplish his goals. The SI Indictment alleges that Sheikh Ab-del Rahman stated in a speech given prior to May 2,1994: Why do we fear the word “terrorist”? If the terrorist is the person who defends his right, so we are terrorists. And if the terrorist is the one who struggles for the sake of God, then we are terrorists. We ... have been ordered with terrorism because we must prepare what power we can to terrorize the enemy of God and yours. The Quran [the Islamic holy book] mentioned the word “to strike terror,” therefore we don’t fear to be described with “terrorism” .... They may say “he is a terrorist, he uses violence, he uses force.” Let them say that. We are ordered to prepare whatever we can of power to terrorize the enemies of Islam. (SI Ind. ¶ 4.) Sheikh Abdel Rahman allegedly exercised leadership while subordinates carried out the details of specific terrorist operations. (SI Ind. ¶ 5.) He was allegedly viewed by his followers and associates as a religious scholar, and he allegedly provided necessary guidance regarding whether particular terrorist activities were permissible or forbidden under his extremist interpretation of Islamic law, and at times provided strategic advice concerning whether such activities would be an effective means of achieving their goals. (SI Ind. *¶ 5.) The SI Indictment alleges that Sheikh Abdel Rahman also solicited persons to commit violent terrorist actions, and that he served as a mediator of disputes among his followers and associates. (SI Ind. ¶ 5). On or about July 2, 1993, Sheikh Abdel Rahman was arrested in the United States. (SI Ind. ¶ 6.) In October 1995, Sheikh Abdel Rahman was convicted of engaging in a seditious conspiracy to wage a war of urban terrorism against the United States, including the 1993 World Trade Center bombing and a plot to bomb other New York City landmarks. (SI Ind. ¶ 6.) He was also found guilty of soliciting crimes of violence against the United States military and Egyptian president Hosni Mubarak. (SI Ind. ¶ 6.) In 1996 Sheikh Abdel Rahman was sentenced to life imprisonment. (SI Ind. ¶ 6.) His conviction was affirmed on appeal, and became final on January 10, 2000 when the United States Supreme Court refused to hear his case. (SI Ind. ¶ 6.) The SI Indictment alleges that both pri- or to and after his arrest and imprisonment, Sheikh Abdel Rahman was a spiritual leader of an international terrorist group based in Egypt and known as the Islamic Group, a/k/a “Gama'a al-Islamiy-ya,” a/k/a “IG,” a/k/a “al-Gama‘at,” a/k/a “Islamic Gama'at,” a/k/a “Egyptian al-Gama'at al-Islamiyya” (“Islamic Group”). (SI Ind. ¶ 8.) Sheikh Abdel Rahman allegedly played a key role in defining and articulating the goals, policies, and tactics of the Islamic Group. (SI Ind. ¶ 8.) Since in or about 1997, Sheikh Abdel Rahman has been incarcerated in various facilities operated by the United States Bureau of Prisons, including the Federal Medical Center in Rochester, Minnesota. (SI Ind. ¶ 6.) The SI Indictment alleges that, following his arrest, Sheikh Abdel Rahman urged his followers to wage jihad to obtain his release from custody. (SI Ind. ¶ 7.) Sheikh Abdel Rahman’s followers, including those associated with the Islamic Group, allegedly shared his views about the reasons for jihad, including the goal of obtaining Sheikh Abdel Rahman’s release from United States custody. (SI Ind. ¶ 10.) The SI Indictment charges that, after Sheikh Abdel Rahman’s arrest, a coalition of alleged terrorists, supporters, and followers, including leaders and associates of the Islamic Group, al Qaeda, the Egyptian Islamic Jihad, and the Abu Sayyaf terrorist group in the Philippines threatened and committed acts of terrorism directed at obtaining the release of Sheikh Abdel Rahman from prison. (SI Ind. ¶ 11.) The Islamic Group allegedly released, in response to the sentence of life imprisonment imposed on Sheikh Abdel Rahman, a statement that warned: “All American interests will be legitimate targets for our struggle until the release of Sheikh Omar Abdel Rahman and his brothers. As the American Government has opted for open confrontation with the Islamic movement and the Islamic symbols of struggle, [the Islamic Group] swears by God to its irreversible vow to take an eye for any eye.” (SI Ind. ¶ 13.) The Islamic Group allegedly issued other statements threatening various reprisals if the United States failed to release Sheikh Abdel Rahman from custody. (SI Ind. ¶¶ 14-16.) On or about November 17, 1997, six assassins shot and stabbed a group of tourists visiting an archaeological site in Luxor, Egypt, killing fifty-eight foreign tourists and four Egyptians. (SI Ind. ¶ 17.) The SI Indictment charges that, before making their exit, the assassins scattered leaflets espousing their support for the Islamic Group and calling for release of Sheikh Abdel Rahman, and inserted one of the leaflets into one victim’s slit torso. (SI Ind. ¶ 17.) Following this attack, the Islamic Group allegedly issued a statement that blamed the high number of fatalities on Egyptian government security forces, and warned that the Islamic Group would “continue its military operations as long as the regime does not respond to our demands,” which included “the establishment of God’s law, cutting relations with the Zionist entity (Israel) ... and the return of our sheikfh] and emir to his land.” (SI Ind. ¶ 18.) The SI Indictment alleges that, on or about October 13, 1999, a statement issued in the name of Islamic Group leader Rifad Ahmad Taha Musa, a/k/a “Abu Yasir” (“Taha”), an unindicted alleged co-conspirator in Counts One and Two, vowed to rescue Sheikh Abdel Rahman and that the United States’ “hostile strategy to the Islamic movement” would drive it to “unify its efforts to confront America’s piracy.” (SI Ind. ¶ 19.) The SI Indictment also alleges that, in or about March 2000, individuals claiming association with the Abu Sayyaf terrorist group kidnapped approximately 29 hostages in the Philippines, demanded the release from prison of Sheikh Abdel Rahman and two other convicted terrorists in exchange for the release of the hostages, and threatened to behead hostages if their demands were not met. (SI Ind. ¶ 20.) Philippine authorities allegedly later found two decomposed, beheaded bodies in an area where the hostages had been held, and four hostages were unaccounted for. (SI Ind. ¶ 20.) The SI Indictment further charges that on or about September 21, 2000, an Arabic television station, Al Jazeera, televised a meeting of Taha, Usama Bin Laden (leader of the al Qaeda terrorist organization), and Ayman AJ-Zawahiri (former leader of the Egyptian Islamic Jihad organization and one of Bin Laden’s top lieutenants). (SI Ind. ¶ 21.) Sitting under a banner that read, “Convention to Support Honorable Omar Abdel Rahman,” the three alleged terrorist leaders allegedly pledged jihad to free Sheikh Abdel Rahman from incarceration in the United States. (SI Ind. ¶ 21.) The SI Indictment charges that during that meeting, Mohammed Abdel Rahman, a/k/a “Asadallah,” who is a son of Sheikh Abdel Rahman, was heard encouraging others to “avenge your Sheikh” and “go to the spilling of blood.” (Si Ind. ¶ 21.) The SI Indictment charges that at various times starting in or about July 1997, certain Islamic Group leaders and factions called for an “initiative,” or cease-fire, in which the Islamic Group would suspend terrorist operations in Egypt in a tactical effort to persuade the Egyptian government to release Islamic Group leaders, members, and associates who were in prison in Egypt. (SI Ind. IT 22.) The SI Indictment further charges that, in or about February 1998, Usama Bin Laden and Taha, among others, issued a fatwah, a legal ruling issued by an Islamic scholar, that stated, among other things, “We in the name of God, call on every Muslim who believes in God and desires to be rewarded, to follow God’s order and kill Americans and plunder their wealth wherever and whenever they find it.” (SI Ind. ¶ 23.) On or about October 12, 2000, in Aden Harbor, Yemen, the SI Indictment charges, two alleged terrorists piloted a bomb-laden boat alongside the United States Navy vessel the U.S.S. Cole and detonated a bomb that ripped a hole in the side of the U.S.S. Cole approximately forty feet in diameter, killing seventeen crew members and wounding at least forty other crew members. (SI Ind. ¶ 24.) The SI Indictment alleges that, beginning in or about April 1997, United States authorities, in order to protect the national security, limited certain of Sheikh Abdel Rahman’s privileges in prison, including his access to the mail, the media, the telephone, and visitors. (SI Ind. ¶ 25.) At that time, the Bureau of Prisons, at the direction of the Attorney General, imposed Special Administrative Measures (“SAMs”) upon Sheikh Abdel Rahman. (SI Ind. ¶ 25.) The alleged purpose of the SAMs was to protect “persons against the risk of death or serious bodily injury” that could result if Sheikh Abdel Rahman were free “to communicate (send or receive) terrorist information.” (SI Ind. ¶ 25.) Under the SAMs, Sheikh Abdel Rahman was permitted to call and receive visits only from his immediate family members or his attorneys and their translator. (SI Ind. ¶ 25.) The SAMs prohibited communication with any member or representative of the news media, and they required all of Sheikh Abdel Rahman’s mail to be screened by federal authorities. (SI Ind. ¶ 25.) The SAMs specifically provided that Sheikh Abdel Rahman’s attorneys, before being allowed access to Sheikh Abdel Rahman, were obliged to sign an affirmation acknowledging that that they and their staff would abide fully by the SAMs. (SI Ind. ¶ 26.) The attorneys agreed in the affirmations, among other things, to “only be accompanied by translators for the purpose of communicating with inmate Abdel Rahman concerning legal matters.” (SI Ind. ¶ 26.) Since at least in or about May 1998, the attorneys also agreed not to use “meetings, correspondence, or phone calls with Abdel Rahman to pass messages between third parties (including, but not limited to, the media) and Abdel Rahman.” (SI Ind. ¶ 26.) Stewart was one of Sheikh Abdel Rah-man’s attorneys during his 1995 criminal trial and continued to act as one of his attorneys following his conviction. (SI Ind. ¶ 27.) Yousry testified as a defense witness at Sheikh Abdel Rahman’s 1995 criminal trial and, starting in or about 1997, acted as an Arabic interpreter for communications between Sheikh Abdel Rahman and his attorneys. (SI Ind. ¶ 27.) The SI Indictment charges that Sattar is a longtime associate of and surrogate for Sheikh Abdel Rahman. (SI Ind. ¶ 27.) The SI Indictment alleges that, following Sheikh Abdel Rahman’s arrest, conviction, sentence, and the imposition of the SAMs, Sattar coordinated efforts to keep Sheikh Abdel Rahman in contact with his co-conspirators and followers. (SI Ind. ¶ 27.) It also alleges that Stewart, through her continued access to Sheikh Abdel Rahman, enabled him to remain in contact with his co-conspirators and followers. (SI Ind. ¶ 27.) And it alleges that Yousry, through his continued access to Sheikh Abdel Rah-man and facilitated by Stewart, enabled Sheikh Abdel Rahman to remain in contact with his co-conspirators and followers. (SI Ind. ¶ 27.) B Count One of the SI Indictment alleges that, from in or about June 1997 through in or about April 2002, defendants Sattar, Stewart, and Yousry, as well as Sheikh Abdel Rahman and Taha, together with others known and unknown, in violation of 18 U.S.C. § 371, conspired to defraud the United States by obstructing the Department of Justice and the Bureau of Prisons in the administration and enforcement of the SAMs imposed on Sheikh Abdel Rah-man. (SI Ind. ¶ 29.) The SI Indictment alleges a series of overt acts committed in furtherance of the alleged conspiracy. (SI Ind. ¶¶ 30a-30ii.) For example, the SI Indictment charges that, following a March 1999 prison visit to Sheikh Abdel Rahman by Stewart and Yousry, Sattar disseminated to an unnamed Islamic Group leader, a statement issued by Sheikh Abdel Rahman and directed to Islamic Group leader Taha, a statement that instructed Taha to adhere to the initiative and to make no changes without consulting or informing Sheikh Abdel Rahman. (SI Ind. ¶ 30c.) The SI Indictment also charges that, following a September 1999 prison visit to Sheikh Abdel Rahman by Yousry and one of Sheikh Abdel Rahman’s attorneys other than Stewart, Sattar told Taha that Sheikh Abdel Rahman had issued a statement from jail calling for an end to the initiative in response to reports that a raid by Egyptian law enforcement officials that month had resulted in the deaths of four members of the Islamic Group. (SI Ind. ¶ 30e.) On or about May 16, 2000, Stewart signed an affirmation in which she agreed to abide by the terms of the SAMs then in effect on Sheikh Abdel Rahman. (SI Ind. ¶ 30i.) The SI Indictment alleges that during a May 2000 prison visit to Sheikh Abdel Rahman by Stewart and Yousry, Yousry told Sheikh Abdel Rahman and Stewart about the kidnappings by the Abu Sayyaf terrorist group in the Philippines and the group’s demand to free Sheikh Abdel Rahman. (SI Ind. ¶ 30j.) Stewart allegedly responded, “Good for them.” (SI Ind. ¶ 30j.) During the same prison visit, Yousry allegedly read Sheikh Abdel Rah-man an inflammatory statement by Taha that had recently been published in an Egyptian newspaper. (SI Ind. ¶ 30k.) Yousry also allegedly read to Sheikh Abdel Rahman, at Stewart’s urging, a letter from Sattar. (SI Ind. ¶ 301.) Sattar’s letter allegedly sought Sheikh Abdel Rahman’s comments on Sattar’s communications with certain Islamic Group leaders, and it also allegedly sought Sheikh Abdel Rahman’s endorsement of “the formation of a team that calls for cancellation of the peace initiative or makes threats or escalates things.” (SI Ind. ¶ 301.) The SI Indictment alleges that while Yousry read Taha’s statement and Sattar’s letter to Sheikh Abdel Rahman, Stewart actively concealed that fact from the prison guards, in part by instructing Yousry to make it look as if Stewart were communicating with Sheikh Abdel Rahman and Yousry were merely translating, by having Yousry look periodically at Stewart and Sheikh Abdel Rahman in turn, and by pretending to be participating in the conversation with Sheikh Abdel Rahman by making extraneous comments like “chocolate” and “heart attack.” (SI Ind. ¶ 30m.) Stewart allegedly observed to Yousry that she could “get an award for” her acts, and Yousry allegedly agreed that Stewart should “get an award in acting.” (Id.) On the second day of the May 2000 prison visit, Stewart again allegedly actively concealed the conversation between Yousry and Sheikh Abdel Rahman in which Sheikh Abdel Rahman dictated letters to Yousry about the cease-fire. (SI Ind. ¶ 3Oo.) Following the May 2000 prison visit, Sattar is alleged to have had telephone conversations with Islamic Group leaders in which he stated that Sheikh Abdel Rah-man did not object to a return to “work” (which the SI Indictment describes as “terrorist operations”), that Sheikh Abdel Rahman agreed that the Islamic Group should escalate the issues in the media, that he advised the Islamic Group to avoid division in its leadership, and that he instructed the Islamic Group to hint at a military operation even if the Islamic Group was not ready for military action. (SI Ind. ¶ 30p.) The SI Indictment also alleges that on or about June 14, 2000, Stewart released a statement to the press that quoted Sheikh Abdel Rahman as stating that he “is withdrawing his support for the cease-fire that currently exists.” (SI Ind. ¶30^) The SI Indictment further alleges that on or about June 20, 2002, Sattar advised Mohammed Abdel Rahman by telephone that Sheikh Abdel Rahman had had a conference call with some of his attorneys that morning and that Sheikh Abdel Rahman had issued a new statement clarifying that he was not unilaterally ending the initiative, but rather was withdrawing his support and stated that it was up to the “brothers” in the Islamic Group to reconsider the issue. (SI Ind. ¶ 30v.) The SI Indictment also alleges that in October 2000, Taha and Sattar discussed a fatwah that Taha had written under Sheikh Abdel Rahman’s name in response to recent events in the Middle East, and that Sattar made revisions to the fatwah. (SI Ind. ¶ 30w.) Sattar allegedly thereafter called Yassir Al-Sirri, an .unindicted alleged co-conspirator, and read to him the fatwah to be issued under Sheikh Abdel Rahman’s name entitled “Fatwah Mandating the Killing of Israelis Everywhere,” which Al-Sirri agreed to revise and disseminate, and which subsequently appeared on a website operated by Al-Sirri. (SI Ind. ¶¶ 30x-30y.) In a subsequent phone call on or about October 11, 2000, Yousry allegedly told Stewart that Sheikh Abdel Rahman did not want his attorneys to deny that he had issued the fatwah. (SI Ind. ¶ 30z.) And during an attorney telephone call to Sheikh Abdel Rahman on or about October 20, 2000, Sheikh Abdel Rahman told Yousry that he did not personally issue the fatwah, but did not want anyone to deny he had made it because “it is good.” (SI Ind. ¶ 30bb.) On or about October 25, 2000, the SI Indictment charges, Sattar spoke by telephone to Taha, who told Sattar that “an Egyptian male” was involved in the bombing of the U.S.S. Cole, and that Sattar should assist in delivering a message to the United States government suggesting that similar attacks would occur unless Sheikh Abdel Rahman were freed from prison. (SI Ind. ¶ 30cc.) On or about May 7, 2001, Stewart signed an affirmation in which she agreed to abide by the terms of the SAMs then in effect on Sheikh Abdel Rahman. (SI Ind. ¶ 30dd.) The SI Indictment charges that, on or about July 13, 2001, during a prison visit to Sheikh Abdel Rahman by Stewart and Yousry, Yousry told Sheikh Abdel Rahman that Sattar had been informed that the U.S.S. Cole had been bombed on Sheikh Abdel Rahman’s behalf and that Sattar was asked to convey to the United States government that more terrorist acts would follow if the United States government did not release Sheikh Abdel Rah-man from custody. (SI Ind. ¶ 30ee.) While Yousry was speaking to Sheikh Ab-del Rahman, Stewart allegedly actively concealed the conversation between Sheikh Abdel Rahman and Yousry from prison guards by, among other things, shaking a water jar and tapping on the table while stating that she was “just doing covering noise.” (SI Ind. ¶ 30ee.) The SI Indictment further charges that on a second day of the prison visit by Stewart and Yousry, Yousry read letters to Sheikh Abdel Rah-man and Sheikh Abdel Rahman dictated responsive letters to Yousry. (SI Ind. ¶ 30ff.) The SI Indictment also alleges that on or about January 8, 2001, Sattar informed Stewart by telephone that a prison administrator where Sheikh Abdel Rahman was incarcerated had pleaded with Sheikh Ab-del Rahman’s wife to tell Sheikh Abdel Rahman to take insulin for his diabetes. (SI Ind. fl30gg.) Sattar and Stewart allegedly agreed that Sattar would issue a public statement falsely claiming that the Bureau of Prisons was denying medical treatment to Sheikh Abdel Rahman, even though Sattar and Stewart allegedly knew that Sheikh Abdel Rahman was voluntarily refusing to take insulin for his diabetes. (SI Ind. ¶ 30gg.) Stewart allegedly expressed the opinion that this misrepresentation was “safe” because no one on the “outside” would know the truth. (SI Ind. ¶ 30gg.) The SI Indictment further alleges that Sattar and Al-Sirri thereafter wrote a statement falsely claiming that Sheikh Abdel Rahman was being denied insulin by the United States Government, a statement that Sattar and Al-Sirri disseminated to several news organizations, including Reuters, and on a website. (SI Ind. ¶ 30hh-30ii.) Count Two of the SI Indictment charges that, from in or about September 1999 through in or about April 2002, in violation of 18 U.S.C. §§ 956(a)(1) and (a)(2)(A), defendant Sattar, Sheikh Abdel Rahman, Taha, and others known and unknown, conspired to murder and kidnap persons in a foreign country. (SI Ind. ¶ 32.) In addition to realleging various of the acts described above, such as various activities of Taha and the issuance of the October 2000 fatwah, Count Two alleges that in or about September and October 2000, Sattar allegedly participated in several telephone calls in an effort to facilitate a meeting in Egypt between Taha and Alaa Abdul Ra-ziq Atia (“Atia”), an Islamic Group member who was wanted in connection with the 1997 Luxor terrorist attack in Egypt and who was a fugitive. (SI Ind. ¶ 33b.) Sat-tar allegedly arranged and listened to various telephone calls between Taha and one of Atia’s associates, an unindicted alleged co-conspirator, while they discussed the Islamic Group’s use of military action and the upcoming meeting with Atia. (SI Ind. ¶¶ 33c-33e.) On or about October 9, 2000, Sattar allegedly agreed during a telephone conversation with Taha to follow Taha’s instructions to inform Atia’s associate that Sheikh Abdel Rahman had issued a fatwah and to tell Atia’s associate to instruct his associates that they “are supposed to go by it.” (SI Ind. ¶ 33f.) On or about October 11, 2000, Sattar allegedly told Taha in a telephone conversation that he had spoken with Atia and believed that Atia was eager, ready and able “to do things,” and that he had to warn Atia repeatedly during their telephone conversation that his telephone was “not safe.” (SI Ind. ¶ 33g.) In a subsequent telephone call in November 2000, Taha allegedly told Sattar that he feared that Atia had been Wiled during a raid by Egyptian law enforcement, and noted that he had asked Atia about his “capacity” and discussed with Atia whether they would have a chance to “do something.” (SI Ind. ¶ 33h.) Count Three of the SI Indictment alleges that, from in or about September 1999 through in or about April 2002, defendant Sattar and others known and unknown, in violation of 18 U.S.C. § 373, solicited other persons to engage in violent terrorist operations worldwide to achieve the Islamic Group’s objectives in violation of 18 U.S.C. §§ 956, 2332, and 2232b. (SI Ind. ¶ 35.) Count Four charges that, from in or about September 1999 through in or about April 2002, defendants Stewart and Yous-ry, together with others, conspired, in violation of 18 U.S.C. § 371, to violate 18 U.S.C. § 2339A. (SI Ind. ¶ 37.) The alleged object of the conspiracy was to provide material support and resources, in the form of personnel, by making Sheikh Ab-del Rahman available as a co-conspirator, and to conceal and disguise the nature, location, and source of personnel by concealing and disguising that Sheikh Abdel Rahman was a co-conspirator. (SI Ind. ¶ 38.) The SI Indictment charges that Stewart and Yousry carried out this conspiracy knowing and intending that such material support and resources were to be used in preparation for, and in carrying out, the conspiracy charged in Count Two of the SI Indictment — -namely, the conspiracy to kill and kidnap persons in a foreign country — and in preparation for, and in carrying out, the concealment of such violation. (SI Ind. ¶ 38.) Count Four real-leges various overt acts in furtherance of the alleged conspiracy. (SI Ind. ¶39.) Count Five charges defendants Stewart and Yousry with committing the substantive offense of violating 18 U.S.C. §§ 2339A and 2 that was the object of the conspiracy charged in Count Four. (SI Ind. ¶ 41.) Counts Six and Seven charge defendant Stewart with having made false statements in her affirmations submitted to the United States Attorney’s Office for the Southern District of New York, in May 2000 and May 2001, respectively, stating that she would abide by the terms of the SAMs imposed on Sheikh Abdel Rahman, that the translators accompanying her on prison visits would be used only for communications concerning legal matters, and that she would not use any communication with Sheikh Abdel Rahman to pass messages between Sheikh Abdel Rahman and third parties, including, but not limited to, the media. (SI Ind. ¶¶ 43, 45.) The May 2001 affirmation is also alleged to be false in stating that Stewart “will only allow the meetings to be used for legal discussion between Abdel Rahman and [her].” (SI Ind. ¶ 45.) C Stewart now moves to dismiss Counts Four and Five of the SI Indictment on the grounds that 18 U.S.C. § 2339A, as applied to Stewart, is unconstitutionally vague and overbroad. She moves to dismiss Counts Four and Five on the alternative grounds that they are impermissibly multiplicitous and that they impermissibly charge a double, or even triple, inchoate crime in violation of the Due Process Clause. She moves to dismiss Count Four on the grounds that it either violates the Ex Post Facto Clause or charges an offense that did not exist at the time of the alleged conduct. Stewart moves to dismiss Count One on the grounds that 18 U.S.C. § 371 fails to state an offense and is unconstitutionally vague as applied in this case. She moves to dismiss Counts One and Four as impermissibly multiplici-tous, and she moves to dismiss Counts Six and Seven for failure to state an offense against the United States. She moves to dismiss Counts Four, Five, and Seven on the grounds of vindictive prosecution and, in the alternative, seeks an evidentiary hearing on the issue. For all counts not dismissed, Stewart seeks to strike as prejudicial surplusage various aspects of the SI Indictment. She also moves to disqualify two of the Assistant United States Attorneys in the case because they allegedly ought to be witnesses. Stewart also seeks a severance and immediate production of all statements of any defendant that the Government intends to use at trial. Stewart also seeks a bill of particulars. Sattar moves to dismiss Count Two on the grounds that it is duplicitous and that it is the product of prosecutorial vindictiveness. He also moves for a bill of particulars and for pretrial access to Mohammed Abdel Rahman, whom Sattar believes to be in the custody of the United States. II Stewart moves to dismiss Counts Four and Five on a number of grounds. Counts Four and Five charge Stewart and Yousry with conspiring to violate, and violating, 18 U.S.C. § 2339A. Title 18, United States Code, section 2339A provided at all relevant times: (a) Offense. — Whoever, within the United States, provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 37, 81, 175, 351, 831, 842(m) or (n), 844(f) or (i), 930(c), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332c, or 2340A of this title or section 46502 of title 49, or in preparation for, or in carrying out, the concealment or an escape from the commission of any such violation, shall be fined under this title, imprisoned not more than 10 years, or both. (b) Definition. — In this section, the term “material support or resources” means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. 18 U.S.C. § 2339A. Counts Four and Five charge that Stewart and Yousry conspired to provide, and did in fact provide, material support knowing or intending that it would be used in preparation for, or in carrying out, the conspiracy charged in Count Two — the conspiracy to kill and kidnap persons in a foreign country in violation of 18 U.S.C. § 956 — by making Sheikh Abdel Rahman available as a co-conspirator in the Count Two conspiracy. The Counts also charge that Stewart and Yousry conspired to, and did in fact, conceal and disguise the nature, location, and source of Sheikh Abdel Rah-man as personnel preparing for, or carrying out, the conspiracy charged in Count Two. The SI Indictment alleges, among other things, that Stewart and Yousry used prison visits with Sheikh Abdel Rah-man to pass messages between Sheikh Ab-del Rahman and his alleged Count Two co-conspirators, including Sattar. It also alleges that Stewart and Yousry took steps to conceal their efforts to pass messages between Sheikh Abdel Rahman and the alleged Count Two co-conspirators. The charges in Counts Four and Five of the SI Indictment differ from those in Counts One and Two in the original indictment that the Court previously dismissed. While the factual allegations are similar, the critical statute is different, the elements of the offense, including scienter, are different, and the allegations as to how the defendants’ conduct violated the statute are different. Counts One and Two of the original indictment charged that Sattar, Stewart, and Yousry conspired to violate 18 U.S.C. § 2339B and committed a substantive violation of that statute by, among other means, providing themselves as “personnel” to a designated FTO and by providing “communications equipment” to an FTO by using their own telephones to further the goals of an FTO. Title 18 U.S.C. § 2339B, which was enacted about a year and a half after 18 U.S.C. § 2339A was enacted, makes it a crime to, in relevant part, “knowingly provide[] material support or resources to a foreign terrorist organization.” Section 2339B incorporates the definition of “material support or resources” from 18 U.S.C. § 2339A, and that definition includes, among other things, “personnel” and “communications equipment.” Title 18 U.S.C. § 2339A, at issue in the SI Indictment, and which Stewart and Yousry are alleged to have violated, does not penalize the provision of material support or resources to an FTO, but rather makes it a crime to provide material support or resources or conceal or disguise the nature, location, or source of such material support or resources “knowing or intending that they are to be used in preparation for, or in carrying out, a violation” of specific violent crimes — in this case, a violation of 18 U.S.C. § 956, which prohibits a conspiracy to kill or kidnap persons in a foreign country. In the opinion dismissing Counts One and Two of the original indictment, the Court contrasted the intent requirements of the two statutes: “Section 2339B, which is alleged to have been violated [in the original indictment], requires only that a person ‘knowingly’ ‘provides’ ‘material support or resources’ to a ‘foreign terrorist organization.’ Section 2339A criminalizes the provision of ‘material support or resources’ ‘knowing or intending that they are to be used in preparation for, or in carrying out,’ a violation of various criminal statutes.” Sattar, 272 F.Supp.2d at 356. The Court dismissed Counts One and Two of the original indictment as unconstitutionally vague as applied to the conduct alleged in those counts. Concerning the “provision” of “communications equipment,” the Court held that “by criminalizing the mere use of phones and other means of communication the statute provides neither notice nor standards for its application such that it is unconstitutionally vague as applied.” Sattar, 272 F.Supp.2d at 358. The Court further concluded that by prohibiting the “provision” of “personnel,” including oneself, to a “foreign terrorist organization,” § 2339B could conceivably apply to someone engaging in advocacy on behalf of such an organization, conduct protected by the First Amendment. The Court noted that mere membership in an organization could not be prohibited without a requirement that the Government prove the defendants’ specific intent to further the FTO’s unlawful ends, see NAACP v. Claiborne Hardware Co., 458 U.S. 886, 920, 102 S.Ct. 3409, 73 L.Ed.2d 1215 (1982), but the statute provided no means to distinguish providing oneself to an organization from mere membership in the organization. Sattar, 272 F.Supp.2d at 359. The SI Indictment, on the other hand, which charges a violation of 18 U.S.C. § 2339A rather than § 2339B, no longer charges Stewart and Yousry with providing themselves as personnel to an FTO, but rather with providing and conspiring to provide personnel—by making Sheikh Abdel Rahman, not themselves, available as a co-conspirator—to the conspiracy alleged in Count Two, namely the conspiracy to kill and kidnap persons in a foreign country. It also charges them with concealing and disguising the nature, location, and source of that personnel by disguising that Sheikh Abdel Rahman was a co-conspirator. These actions were allegedly done with the knowledge and intent that such personnel was to be used in preparation for, or in carrying out, the conspiracy to kill and kidnap persons in a foreign country. This is the heightened specific intent required by § 2339A. Stewart argues that, despite the changes from the original indictment, the charges in Counts Four and Five of the SI Indictment should be dismissed because 18 U.S.C. § 2339A should not be interpreted to reach the conduct alleged in Counts Four and Five, because § 2339A is unconstitutionally vague as applied to the allegations in the SI Indictment, and because the statute is unconstitutionally overbroad. A Stewart argues initially that 18 U.S.C. § 2339A does not cover the conduct in which she allegedly engaged. The SI Indictment charges that Stewart and Yousry “provided” “personnel” by “making Abdel Rahman available” as a co-conspirator in the conspiracy to kill and kidnap persons in a foreign country. Stewart alleges that “provides” should not be interpreted to include “makes available” and that “personnel” should not include Sheikh Abdel Rahman. Stewart contends that the term “making available” does not define the term “provides,” but rather represents an impermissible attempt by the Government to expand the statute’s reach. Stewart would limit the word “provides” to the physical transfer of an item. The term “provides” is not defined in § 2339A. Where words in a statute are not defined, they “must be given their ordinary meaning.” Chapman v. United States, 500 U.S. 453, 462, 111 S.Ct. 1919, 114 L.Ed.2d 524 (1991); see also Smith v. United States, 508 U.S. 223, 228, 113 S.Ct. 2050, 124 L.Ed.2d 138 (1993) (“When a word is not defined by statute, we normally construe it in accord with its ordinary or natural meaning.”). The plain and ordinary meaning of the transitive verb “provide” is “[t]o furnish; supply ... [t]o make ready ... [t]o make available; afford.” Webster’s II: Neio Riverside University Dictionary 948 (1994); see also The American Heritage Dictionary of the English Language 1411 (4th ed.2000) (defining “provide” to include such meanings as “[t]o furnish; supply” and “[t]o make available; afford”). Moreover, statutory terms are to be interpreted in their context in light of their “placement and purpose in the statutory scheme.” Holloway v. United States, 526 U.S. 1, 6, 119 S.Ct. 966, 143 L.Ed.2d 1 (1999) (internal citation omitted). In this ease, “provides” is the verb used for a variety of items defined as “material support or resources,” including “financial services, lodging, training, ... [and] transportation .... ” 18 U.S.C. § 2339A(b). A defendant would reasonably be providing material support or resources by making these items or services available with the requisite knowledge or intent. Limiting the definition of “provides” to the physical transfer of an asset would result in a strained and untenable reading of the statute. Thus, there is no basis to limit the meaning of “provides ... personnel” to the physical transfer of personnel, and not to include making personnel available— which is in accord with the ordinary and natural use of the term “provide,” and which is consistent with its placement in the statute and the purpose of proscribing the provision of resources to be used for a prohibited purpose. Relying on the interpretive canon ejus-dem generis, Stewart contends that the phrase “and other physical assets” in the definition of “material support or resources” requires “some element of physical reality” to anything provided as material support, and that because Sheikh Abdel Rahman was in prison he could be provided only in “some intangible, evanescent sense.” (Stewart Mem. at 47.) The argument has no merit. The term “and other physical assets” requires only that other assets not specifically defined as “material support or resources” be physical assets rather than intangible assets. It does not detract from the fact that some of the listed specific assets may in fact be other than physical assets, such as “financial services” and “training.” Moreover, the argument simply has nothing to do with this case, because it is clear that Sheikh Abdel Rahman is “tangible.” To the extent that the thrust of the argument is that the act of providing must be “physical,” the term “provides” in § 2339A(a) is not modified by the word “physical” in the definition of “material support or resources” contained in § 2339A(b). Stewart also raises questions whether the meaning of “personnel” in the statute can be interpreted to include Sheikh Ab-del Rahman. However, the Government is correct that, in using the term “personnel” in § 2339A, Congress plainly intended to refer to persons engaged in “pre-parting] for” or “carrying] out” one of the crimes specified in § 2339A, or in “preparing] for” or “carrying] out[ ] the concealment or an escape from the commission of any such” crime — that is, persons who are jointly involved in participating in those crimes. This meaning comports with the plain meaning of “personnel,” which is defined as “[t]he body of persons employed by or active in an organization, business, or service.” Webster’s II: New Riverside University Dictionary 877 (1994); see also The American Heritage Dictionary of the English Language 1311 (4th ed.2000) (defining “personnel” as “[t]he body of persons employed by or active in an organization, business, or service”). Understanding “personnel” to refer to those persons engaging together in preparing for or carrying out the enumerated crimes also comports with the use of “personnel” in the context of the statute, because the statute specifically prohibits the provision of material support or resources, which includes personnel, to be used in preparing for, or carrying out, the specified crimes. See Tyler v. Cain, 533 U.S. 656, 662, 121 S.Ct. 2478, 150 L.Ed.2d 632 (2001) (“We do not ... construe the meaning of statutory terms in a vacuum. Rather, we interpret the words in their context and with a view to their place in the overall statutory scheme.” (internal quotation marks omitted)). Given the ordinary meaning of the word “personnel,” and its context within the statute, the statute prohibits the provision of persons who will be used in preparing for, or carrying out, the crimes listed in § 2339A — that is, persons who are jointly involved in participating in those crimes. Stewart also argues that the rule of lenity should be used to avoid the application of the statute to her alleged provision of Sheikh Abdel Rahman as personnel to the alleged conspiracy to kill and kidnap persons in a foreign country. However, the language and context of the terms in the statute, “provides” and “personnel” are not ambiguous terms in the statute, and the ordinary meaning of those terms in the context of the statute covers making Sheikh Abdel Rahman available to the conspiracy to kill and kidnap persons in a foreign country. The rule of lenity provides no argument to the contrary. As the Supreme Court has explained: The rule of lenity ... is not applicable unless there is a “grievous ambiguity or uncertainty in the language and structure of the Act,” such that even after a court has “ ‘seize[d] every thing from which aid can be derived,’ ” it is still “left with an ambiguous statute.” “The rule [of lenity] comes into operation at the end of the process of construing what Congress has expressed, not at the beginning as an overriding consideration of being lenient to wrongdoers.” Chapman v. United States, 500 U.S. 453, 463, 111 S.Ct. 1919, 114 L.Ed.2d 524 (1991) (internal citations omitted). The Supreme Court has further instructed that “[b]e-cause the meaning of language is inherently contextual, we have declined to deem a statute ‘ambiguous’ for purposes of lenity merely because it was possible to articulate a construction more narrow than that urged by the Government.” Moskal v. United States, 498 U.S. 103, 108, 111 S.Ct. 461, 112 L.Ed.2d 449 (1990). In this case, because the language and statutory structure are not ambiguous, the rule of lenity does not indicate that the statute should not apply in this case. Finally, Stewart argues that even if the terms of § 2339A literally reach the conduct charged, it should not cover the conduct of lawyers and she analogizes to the fact that professional baseball is exempt from the antitrust laws. But there is nothing in the text of the statute, indeed in any source, that indicates that lawyers are exempt from the coverage of this statute. The baseball analogy is completely inapt and has nothing to do with this case. B Stewart also argues that § 2339A is unconstitutionally vague in its proscription of “provid[ing]” material support or resources in the form of “personnel,” and in its proscription of “concealing] or disguising] the nature, location, [or] source” of “personnel.” Stewart contends that § 2339A does not provide fair notice of the acts that are prohibited by its proscription of providing personnel. Stewart contends that § 2339A is unconstitutionally vague as applied to the conduct alleged to be unlawful in Counts Four and Five of the SI Indictment. “[T]he void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983); see also United States v. Roberts, 363 F.3d 118, 122-24 (2d Cir.2004) (applying Kolender and finding that the term “controlled substance analogue” in 21 U.S.C. § 802(32)(A) was not unconstitutionally vague as applied to the specific substance at issue); United States v. Rybicki, 354 F.3d 124, 129, 132, 134 (2d Cir.2003) (en banc). “[A] court must first determine whether the statute gives the person of ordinary intelligence a reasonable opportunity to know what is prohibited and then consider whether the law provides explicit standards for those who apply it.” Chatin v. Coombe, 186 F.3d 82, 87 (2d Cir.1999) (quoting United States v. Strauss, 999 F.2d 692, 697 (2d Cir.1993)); Sattar, 272 F.Supp.2d at 357. For the reasons already explained, the “provision” of “personnel”—in this case, by making Sheikh Abdel Rahman available as a co-conspirator in a conspiracy to kill and kidnap persons in a foreign country—is conduct that plainly is prohibited by the statute. The statute defines the offense with sufficient definiteness that ordinary people can understand what conduct is prohibited. In light of the plain meaning of the term “personnel” as used in the context of § 2339A, Stewart’s reliance on cases, including this Court’s prior opinion, that have found the term “personnel” in 18 U.S.C. § 2339B unconstitutionally vague is misplaced. Section 2339B makes it a crime to “provide[] material support or resources to a foreign terrorist organization” that has been designated as such by the Secretary of State. 18 U.S.C. § 2339B(a)(l), (g)(6). The statute’s potential reach raises significant First Amendment concerns, because § 2339B’s ban on providing personnel to a “foreign terrorist organization” could trench upon associational and expressive freedoms—including pure advocacy—protected by the First Amendment. The statute, as this Court explained, was particularly problematic as applied to the conduct of persons allegedly providing themselves as personnel to the organization. See Humanitarian Law Project v. Reno, 205 F.3d 1130, 1137 (9th Cir.2000) (“It is easy to see how someone could be unsure about what [18 U.S.C. § 2339B] prohibits with the use of the term ‘personnel,’ as it blurs the line between protected expression and unprotected conduct. Someone who advocates the cause of [an FTO] could be seen as supplying them with personnel.... But advocacy is pure speech protected by the First Amendment.”); Sattar, 272 F.Supp.2d at 359 (“It is not clear from § 2339B what behavior constitutes an impermissible provision of personnel to an FTO.... [T]he Government fails to explain how a lawyer, acting as an agent of her client, an alleged leader of an FTO, could avoid being subject to criminal prosecution as an ‘quasi-employee’ allegedly covered by the statute.”). The Court of Appeals for the Ninth Circuit has held that these concerns are not displaced even when 18 U.S.C. § 2339B is construed to include a requirement that the accused knew of the organization’s designation as an FTO or of the organization’s unlawful activities that caused it to be so designated. See Humanitarian Law Project v. U.S. Dept. of Justice, 352 F.3d 382, 404-05 (9th Cir.2003). The First Amendment concerns raised by the use of “personnel” in § 2339B, as applied to persons who provided themselves as “personnel” to an organization, are simply not present in this case. Section 2339A is being applied to persons who allegedly provided other personnel “knowing and intending that [it is] to be used in preparation for, or in carrying out” a violation of specific statutes, in this case a conspiracy to kill or kidnap persons in a foreign country. The allegations in this case do not concern the scope of membership in an organization or the permissible extent of advocacy. The First Amendment provides no protection for the conduct of providing resources knowing and intending that they are to be used for crimes of violence. See Claiborne Hardware, 458 U.S. at 916, 102 S.Ct. 3409 (“The First Amendment does not protect violence. Certainly violence has no sanctuary in the First Amendment, and the use of weapons, gunpowder, and gasoline may not constitutionally masquerade under the guise of advocacy.” (internal quotation marks and citation omitted)). Moreover, § 2339A which is at issue in this case contains a high scienter requirement, which is not present in § 2339B. While § 2339B prohibits the “knowing” provision of material support or resources to an FTO, § 2339A applies only when the defendant provides material support or resources “knowing or intending” that they are to be used in preparation for, or in carrying out, specific violent crimes, in this case a conspiracy to kill or kidnap persons in a foreign country. The Supreme Court has explained that the constitutionality of an allegedly vague statutory standard “is closely related to whether that standard incorporates a requirement of mens rea.” Colautti v. Franklin, 439 U.S. 379, 395, 99 S.Ct. 675, 58 L.Ed.2d 596 (1979). “[A] scienter requirement may save a statute which might otherwise have to be condemned for vagueness.... ” United States v. Curcio, 712 F.2d 1532, 1543 (2d Cir.1983) (Friendly, J.) (explaining the origin of the doctrine in the plurality opinion in Screws v. United States, 325 U.S. 91, 101-02, 65 S.Ct. 1031, 89 L.Ed. 1495 (1945)). A defendant cannot complain about a lack of notice when the statute requires a high level of specific intent for a violation. Hence, due process concerns about notice under the test for vagueness are “ameliorated” when a statute contains a scienter requirement. Hill v. Colorado, 530 U.S. 703, 732, 120 S.Ct. 2480, 147 L.Ed.2d 597 (2000); United States v. Strauss, 999 F.2d 692, 698 (2d Cir.1993) (noting that a “ ‘scienter requirement may mitigate a law’s vagueness, especially with respect to the adequacy of notice ... that [the] conduct is proscribed’ ” (quoting United States v. Schneiderman, 968 F.2d 1564, 1568 (2d Cir.1992))). Section 2339A applies only to those people who provide material support or resources “knowing or intending” that the support or resources are to be used in preparation for, or in carrying out, a violation of enumerated criminal statutes, in this case a conspiracy to kill and kidnap persons in a foreign country. Defense counsel candidly admitted at argument that he knew of no case with a similar heightened scienter requirement that had ever been found to be unconstitutionally vague as applied. (Transcript of Hearing dated April 9, 2004 (“Tr.”) at 21.) Whether Stewart and Yous-ry had the requisite intent is, of course, a question of fact for the jury. The Government’s burden at trial will be rigorous. But that culpable intent puts ordinary persons on notice that their conduct is within the scope of the statute and potentially subject to criminal liability. Stewart contends that the statute is unconstitutionally vague because a conscientious lawyer representing her client could not avoid “making her client ‘available’ through ... services that a lawyer regularly and lawfully performs.” (Stewart Mem. at 35.) Lawyers, including defense lawyers, are not immune from criminal liability arising out of offenses committed while representing clients, and indeed defense counsel conceded at argument that lawyers have no license to violate generally applicable criminal laws. See United States v. Cintolo, 818 F.2d 980, 990 (1st Cir.1987) (“As important a role as defense counsel serve — and we do not minimize its importance one whit — the acceptance of a retainer by a lawyer in a criminal ease cannot become functionally equivalent to the lawyer’s acceptance of a roving commission to flout the criminal law with impunity. A criminal lawyer has no license to act as a lawyer-criminal.”); see also Tr. at 29-31. And § 2339A sets forth with sufficient clarity the conduct it criminalizes so that ordinary people — including, as here, criminal defense lawyers — can understand what conduct is prohibited and so that arbitrary and discriminatory enforcement of the statute is not encouraged. A person of ordinary intelligence can discern that a lawyer’s legitimate representation of a client does not extend to the point at which the lawyer “know[s] or intendfs] that [material support or resources] are to be used in preparation for, or in carrying out, a violation of [specified crimes], or in preparation for, or in carrying out, the concealment or an escape from the commission of any such violation.” 18 U.S.C. § 2339A(a). It is plain to anyone of ordinary intelligence what conduct the statute proscribes. Section 2339A also passes the second test for vagueness because is provides reasonable standards for its enforcement. The second requirement under the void-for-vagueness doctrine is that Congress “establish minimal guidelines to govern law enforcement.” Kolender, 461 U.S. at 358, 103 S.Ct. 1855 (internal quotation marks omitted). “Where the legislature fails to provide such minimal guidelines, a criminal statute may permit a standard-less sweep that allows policemen, prosecutors, and juries to pursue their personal predilections.” Id. (internal quotation marks and alterations omitted). Nevertheless, “[a]s always, enforcement requires the exercise of some degree of police judgment.” Hill, 530 U.S. at 733, 120 S.Ct. 2480 (internal quotation marks omitted). The statute here does not leave it to the arbitrary whims of police, prosecutors, and juries to determine who has violated its commands. The statute lays out with sufficient definiteness what is prohibited, and the specific intent that is required, so that enforcement of the statute is not left to the arbitrary and discriminatory choices of law enforcement officials. Stewart’s motion to dismiss Counts Four and Five as unconstitutionally vague is therefore denied. C Stewart also contends that § 2339A is vague as applied because Count Two, which charges a conspiracy to violate 18 U.S.C. § 956, does not satisfy the pleading requirements of Russell v. United States, 369 U.S. 749, 82 S.Ct. 1038, 8 L.Ed.2d 240 (1962). Stewart contends that Count Two is defective because it alleges that Sattar, Sheikh Abdel Rahman, Taha, and others known and unknown “conspired ... to murder and kidnap persons in a foreign country,” without identifying the “persons” or “foreign country” with any specificity. (SI Ind. ¶ 32.) Stewart argues that Counts Four and Five should therefore be dismissed because they depend on providing Sheikh Abdel Rahman as a co-conspirator in the conspiracy charged in Count Two. Federal Rule of Criminal Procedure 7(c)(1) provides that an Indictment “shall be a plain, concise and definite statement of the essential facts constituting the offense charged.” “An indictment is sufficient when it charges a crime with sufficient precision to inform the defendant of the charges he must meet and with enough detail that he may plead double jeopardy in a future prosecution based on the same set of facts.” United States v. Stavroulakis, 952 F.2d 686, 693 (2d Cir.1992) (citing Russell, 369 U.S. 749, 763-64, 82 S.Ct. 1038, 8 L.Ed.2d 240 (1962)). Moreover, “ ‘an indictment need do little more than track the language of the statute charged and state the time and place (in approximate terms) of the alleged crime.’ ” Id. (quoting United States v. Tramunti, 513 F.2d 1087, 1113 (2d Cir.1975)). The Court of Appeals for the Second Circuit has also noted that “ ‘[a]n indictment must be read to include facts which are necessarily implied by the specific allegations made.’ ” Id. (quoting United States v. Silverman, 430 F.2d 106, 111 (2d Cir.1970)); see also Sattar, 272 F.Supp.2d at 373. Count Two tracks the language of 18 U.S.C. § 956, which provides: Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2). 18 U.S.C. § 956(a)(1). By tracking the language of § 956, Count Two satisfies the well-established pleading requirements in this Circuit. The language of § 956(a) does not require that an indictment allege the identities of contemplated victims or the specific location outside the Un