Full opinion text
OPINION SAND, District Judge. The Defendants are charged with numerous offenses arising out of their alleged involvement in an international terrorist organization led by Defendant Usama Bin Laden (“Bin Laden”) and that organization’s alleged involvement in the August, 1998 bombings of the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Collectively, they seek a dismissal of the Indictment, S(6) 98 Cr. 1023(LBS) (“the Indictment”), dismissal of particular counts from the Indictment, the striking of alleged sur-plusage from the Indictment, disqualification of certain attorneys from serving as advocates for the Government in this case, and disqualification of United States citizens from serving on the jury. For the reasons set forth below, all of the requested relief is denied. INTRODUCTION This is the third of a series of three opinions in which the Court has addressed the first set of pre-trial motions filed by the Defendants. Because all of the parties to this case anticipated protracted pretrial proceedings and a lengthy discovery process, the Court sought to expedite matters by ordering the Defendants to file promptly, well in advance of trial, any motions that did not require the completion of a significant amount of discovery. That set of motions was filed on December 6, 1999 and became fully submitted, after extensive briefing and oral argument, on February 29, 2000. As explained in two previous opinions, the Court has already granted in part and denied in part Defendant Odeh’s motion to dismiss the Indictment for lack of jurisdiction. see United States v. Bin Laden, 92 F.Supp.2d 225 (S.D.N.Y.2000) (dismissing four of the Indictment’s 267 counts), and ordered the Government to file a bill of particulars, see United States v. Bin Laden, — F.Supp.2d — (S.D.N.Y.2000). Presently before the Court are all of the other motions filed on December 6, including several challenges to the face of the Indictment — broad challenges to the Indictment as a whole and more focused applications directed at particular counts. The Defendants have also moved to disqualify two attorneys from serving as advocates for the Government at trial and in certain pre-trial proceedings, and seek an order that would prevent United States citizens from numerically dominating the jury. Although we believe that, as a matter of sound pre-trial management, the Court’s expedited motion schedule was necessary and beneficial, an unfortunate consequence of that schedule is that some of the claims that have been advanced by the Defendants are premature at this time. We recognize that the Defendants had to file those motions at such an early date to avoid inadvertently waiving any rights. Where we indicate below that a particular claim is premature, it is not meant as a rebuke to the Defendants or their counsel, but only to indicate that, in those instances, our denial of relief is without prejudice to the application being renewed at a more appropriate time. BACKGROUND Much of the factual and legal background of this case is fully set forth in the Court’s memorandum and order addressing the Defendants’ requests for a bill of particulars. See U.S. v. Bin Laden, 92 F.Supp.2d at 232. Familiarity with that memorandum is presumed. Some of the motions addressed below, however, relate to aspects of the Government’s investigation of this case and portions of the Indictment which were not implicated by the Defendants’ earlier motions. We therefore summarize some additional background information in the pages that follow. The United States Attorney’s Office in the Southern District of New York has been investigating Bin Laden and the al Qaeda organization he is said to have founded, since “late 1995 or early 1996.” (Affirmation of Patrick J. Fitzgerald of Jan. 24, 2000 (“Fitzgerald Affirmation”) at ¶ 6; Affirmation of Kenneth M. Karas (“Karas Affirmation”) of Mar. 20, 2000, at ¶ 7; see also Indictment at ¶ 66 (dating the investigation back to 1996).) That investigation has been led by Assistant United States Attorney (“AUSA”) Patrick J. Fitzgerald and AUSA Kenneth M. Karas, and has been conducted in conjunction with the New York office of the Federal Bureau of Investigation (“FBI”) (see Fitzgerald Affirmation at ¶ 6; Karas Affirmation at ¶ 7) as well as “a number of other federal, state and local agencies” (Indictment at ¶ 66). The evidence gathered by that investigation was presented to the June 1996 Special Grand Jury in this district (“the Grand Jury”). (See Fitzgerald Affirmation at ¶ 7.) One of the witnesses who testified before the Grand Jury was Defendant Wadih El Hage (“El Hage”). Mr. El Hage appeared before the Grand Jury, for the first time, on September 24, 1997. (See id.) At that time, according to the Indictment, the Grand Jury’s investigation focused on al Qaeda’s “structure and operational status” in various places around the world, the targets of al Qaeda’s terrorist activities, and any relationships that might have existed between El Hage and various al Qaeda leaders. (See Indictment at ¶ 66.) According to the Government, Mr. El Hage testified falsely about each of those subjects. (See Indictment at ¶¶ 74-76, 79; Declaration of Sam A. Schmidt of Nov. 29,1999, at ¶¶ 31, 34.) On August 7,1998, explosives were detonated, nearly simultaneously, in the areas surrounding the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania, causing numerous casualties and extensive property damage (“the embassy bombings”). Fitzgerald and Karas traveled to Nairobi and Dar es Salaam, respectively, to investigate. (See Fitzgerald Affirmation at ¶ 6; Karas Affirmation at ¶ 7.) Two other lawyers from the Department of Justice as well as “a large number of FBI agents” accompanied them. (Id.) In Nairobi, the American investigators, working together with Kenyan police, interviewed Defendant Mohamed Sadeek Odeh (“Odeh”), over a period of two weeks, between August 15 and August 27, 1998. (See id. at ¶ 4.) AUSA Fitzgerald participated in some of those interviews but affirms that he “was never present for any questioning of Odeh at any time when [he] was not accompanied by at least one of the FBI agents.” (Id.) Most of the time, according to Fitzgerald, two FBI agents and three Kenyan police officials were present when he interviewed Odeh. (Id.) In the aftermath of the bombing, the Grand Jury expanded the scope of its investigation into Bin Laden and al Qaeda to include an investigation into that group’s possible involvement in the embassy bombings. (See Indictment at ¶ 70(iii)-70(iv).) On September 16, 1998, Mr. El Hage appeared, once again, to testify before the Grand Jury. El Hage was told that the Grand Jury was investigating possible instances of perjury before a grand jury and that he was a target of that investigation. He was then asked many of the same questions that had been asked during his Grand Jury appearance one year earlier, and was asked about the embassy bombings. According to the Government, Mr. El Hage repeated the false testimony he had provided a year earlier. (See Indictment at ¶¶ 81-84, 86, 88-89.) Immediately after testifying on September 16, 1998, Mr. El Hage was arrested. He was indicted a few days later on eight counts of committing perjury before a federal grand jury. That indictment was soon superseded by another, filed on October 7,1998, which named Defendants Odeh and Mohamed Rashed Daoud Al-‘Owhali (“Al-'Owhali”) as Defendants and included allegations relating to the embassy bombings. Over the next several months, the Grand Jury returned five more superseding indictments, culminating with the ⅛ dictment presently before the Court, which names 15 Defendants and accuses them of participating in several long-Jast-ing, wide-ranging conspiracies to attack United States personnel (including civilians) and property. See Bin Laden, 92 F.Supp.2d at 233 (reviewing duration and geographical scope of conspiracies charged in the Indictment). The indictment charges the 15 named Defendants with 267 discrete criminal offenses. Eleven of the Defendants (“the bombing Defendants”) (i.e., all except Mamdouh Mahmud Salim (“Salim”), Kha-led Al Fawwaz, Ali Mohammed, and El Hage) are charged with 229 counts of murder (see id. at ¶¶ 40-59), as well as nine other substantive offenses (see id. at ¶¶ 32-39, 56-65), based on the embassy bombings (“the substantive bombing counts”). El Hage is charged with twenty counts of perjury before a federal grand jury and three counts of making false statements to special agents of the Federal Bureau of Investigation (“FBI”). (See id. at ¶¶ 66-96.) Each of the Defendants is also charged with participating in at least five distinct criminal conspiracies; El Hage and Ali Mohamed are accused of participating in six. (See id. at ¶¶ 10-31.) Although each conspiracy is charged under a different provision of the federal criminal code, the allegations overlap to a significant degree. The six conspiracies are, for the most part, alleged to have had the same four criminal objectives: (1) murder of United States nationals; (2) hilling of United States military personnel serving in Somalia and on the Saudi Arabian peninsula; (3) killing of United States nationals employed at the United States Embassies in Kenya and Tanzania; and (4) concealment of the conspirators’ activities through the use of front companies, false identity and travel documents, coded correspondence, and by providing false information to authorities. (See id. at ¶¶ 11, 15, 19.) All but one of the conspiracies are alleged to have been furthered by the commission of the same set of 144 overt acts, which are set forth in the Indictment in some detail. (See id. at ¶ 12.) Defendant Khalfan Khamis Mohamed (“K.K.Mohamed”), was arrested in South Africa on October 5, 1999. (See Affirmation of David A. Ruhnke, of Mar. 7, 2000, at ¶4.) After his arrest, he was interviewed for several hours by Special Agents of the FBI. (See id.) AUSA Karas traveled to South Africa and participated in further interviews of K.K. Mohamed during his flight back to the United States. (See Karas Affirmation of ¶ 3.) As with Fitzgerald’s participation in the interviews of Odeh, Karas attests that he “was never present for any questioning of K.K. Mohamed at any time when [he] was not in the presence of at least one of the two FBI special agents conducting the interview” (Karas Affirmation at ¶ 4), and that “at all times during the flight from South Africa to the United States, other law enforcement personnel were present.” (Id.) Discussion I. MOTION TO DISMISS THE INDICTMENT ON DUE PROCESS GROUNDS The broadest challenge to the Indictment that is before the Court is Mr. Al-‘Owhali’s motion to dismiss the Indictment, in its entirety, because the conspiracies it alleges are “so enormous in scope, vague in detail, and various in objectives that it denies [the defendant’s] rights under the Sixth Amendment ... to be adequately informed of the nature of the charges against him and his rights under the Fifth Amendment to due process of law, indictment by a properly instructed grand jury, and right not to be tried en masse for offenses committed by others.” (Al-‘Owhak’s Notice of Motion at ¶ 1.) According to Al-'Owhali’, the Indictment labels a decade-long international political and religious movement involving dozens of countries, scores of organizations, and thousands of persons as a single ‘conspiracy’ responsible for an equally sweeping array of events ranging from the deaths of United States Marines in Somalia to attacks on U.S. military facilities in Saudi Arabia and Yemen to (apparently) the bombing of the World Trade Center. (Id. at 1-2.) “Whatever its attractions as a political theory or foreign policy guide,” Al-'Owhali’ concludes, “the mammoth, all-encompassing, decade-long, world-wide Islamic ‘conspiracy’ alleged in the indictment cannot serve as a constitutional basis for a fair trial for the individual defendants.” (Id. at 6.) Instead, he contends, it “presage[s] a political ‘show’ trial, incompatible with the most basic demands of the Consi-titution.” (Id.) Despite Mr. Al-‘Owhali’s dramatic exhortation, once the discrete legal issues he raises are separately identified and examined in accordance with settled principles of law, it becomes clear that they cannot withstand scrutiny. Despite the force of his rhetoric, Mr. Al-‘Owhali is plainly not entitled to the relief he requests. A. An Indictment’s “Notice-Related” Functions We begin by focusing on the claim that the Indictment provides inadequate notice of the charges that the Defendants must be prepared to meet. An indictment must “be a plain, concise and definite written statement of the essential facts constituting the offense charged.” Fed.R.Crim.P. 7(c)(1). That requirement, which is grounded in “the Sixth Amendment’s guarantee of the right of an accused to be informed of the nature and cause of the accusation,” United States v. Tomasetta, 429 F.2d 978, 979 (1st Cir.1970) (internal quotation marks omitted), is satisfied if an indictment “first, contains the elements of the offense charged and fairly informs a defendant of the charge against which he must defend, and, second, enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense.” Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (citing Hagner v. United States, 285 U.S. 427, 52 S.Ct. 417, 76 L.Ed. 861 (1932); United States v. Debrow, 346 U.S. 374, 74 S.Ct. 113, 98 L.Ed. 92 (1953)); see also Russell v. United States, 369 U.S. 749, 763, 82 S.Ct. 1038, 8 L.Ed.2d 240 (1962) (describing an indictment as sufficient if it “contains the elements of the offense to be charged, and sufficiently apprises the defendant of what he must be prepared to meet”) (citation and internal quotation marks omitted). “An indictment need do little more than to track the language of the statute charged and state the time and place (in approximate terms) of the alleged crime.” United States v. Stavroulakis, 952 F.2d 686, 693 (2d Cir.1992) (citing United States v. Tramunti, 513 F.2d 1087, 1113 (2d Cir.1975)). In this case, the Indictment does much more. It contains two Background sections (which, together, comprise about 15 pages (see Indictment at ¶¶ 1-9, 66-73)) and a list of 144 overt acts allegedly committed in furtherance of the six charged conspiracies (see id. at ¶ 12). Mr. Al-‘Owhali nevertheless claims that the Indictment provides inadequate notice of the crimes charged because he claims that its factual allegations are “vague.” He objects that: other than the bombings of the Kenyan and Tanzanian embassies, and some scant and oblique references to the conspiracy’s supposed responsibility for the death of United States soldiers in Somalia, the indictment is almost entirely devoid of specifics as to what conduct is at issue and/or what defendants are supposed to have done. (Al-Owhali’s Memorandum of Law at 12.) Our review of the Indictment, however, discloses several specific allegations, with respect to Mr. Al-‘Owhali in particular, as to what conduct is at issue and what he is said to have done. The Indictment alleges that Mr. Al-‘Owhali received training in an al Qaeda-sponsored camp in “explosives, hijacking, kidnaping, assassination and intelligence techniques” (Indictment at ¶ 12eee); that he met with Bin Laden in 1996 and “asked him for a ‘mission’ ” (id. at ¶ 12jjj); that he attended a press conference in 1998 at which Bin Laden “repeated his intention to kill Americans” (id. at 1Í 12tttt); that he filmed a videotape in July, 1998 “to celebrate [his] anticipated ‘martyrdom’ in a bombing operation to be conducted against United States interests in East Africa” (id. at ¶ 12ggggg); that he met with other al Qaeda members during the first week of August, 1998 “to make final preparations for the bombing of the United States Embassy in Nairobi, Kenya” (id. at ¶ 12nnnnn); that he “reconnoitered” the Embassy a few days before the bombing (id. at ¶ 12rrrrr); that he rode in a vehicle containing a bomb to the Embassy on the morning it was attacked, and that he threw a “stun grenade ... in the direction of a security guard” at the Embassy, minutes before the bombs were detonated (id. at ¶ 12zzzzz). The Court finds nothing vague about those allegations. The Indictment is somewhat less specific with respect to how that conduct furthered the conspiracies’ four criminal objectives. However, “[i]t is well settled that in an indictment for conspiring to commit an offense ... it is not necessary to allege with technical precision all the elements essential to the commission of the offense which is the object of the conspiracy ... or to state such object with the detail which would be required in an indictment for committing the substantive offense.” Wong Tai v. United States, 273 U.S. 77, 81, 47 S.Ct. 300, 71 L.Ed. 545 (1927) (citations omitted). Because “the crime of conspiracy is complete whether or not the substantive offense which was its object was committed,” United States v. Wydermyer, 51 F.3d 319, 325 (2d Cir.1995) (citation omitted), a conspiracy indictment need not set forth detailed information about a conspiracy’s criminal objectives. We conclude that although the Indictment alleges the conspiracies’ criminal objectives in general terms, its inclusion of so many specific overt acts allegedly committed in furtherance thereof, more than adequately satisfies the requirements of Federal Rule of Criminal Procedure 7(c) and of the Sixth Amendment. See Wydermyer, 51 F.3d at 326; United States v. Werme, 939 F.2d 108, 112-13 (3d Cir.1991) (citations omitted); United States v. Miller, 26 F.Supp.2d 415, 425 (N.D.N.Y.1998) (citations omitted); cf. United States v. Cecil, 608 F.2d 1294 (9th Cir.1979) (dismissing conspiracy indictment as insufficient when “[a]side from tracking the language of the pertinent statutes,” it made only two specific allegations ... that the conspiracies occurred in Arizona, Mexico, and elsewhere and ... the names of some of the alleged co-conspirators). To the extent that Mr. Al-‘Owhali’s motion to dismiss the Indictment is based on an asserted lack of notice, that motion is denied. B. Due Process Mr. Al-‘Owhalfs objections to the Indictment are not limited to the question of notice. He also contends that the Indictment violates due process because it presages a lengthy trial that, in his view, is likely to deprive him of several of the basic rights guaranteed by the Due Process Clause of the Fifth Amendment. The Court is not aware, however, of any case (and the Defendants do not direct us to one) in which an indictment has been dismissed prior to trial on the ground that a charged conspiracy could not possibly be the subject of a constitutionally adequate trial. To the contrary, it appears to be well settled that a conspiracy “may be alleged as broadly as the conspiracy really was,” Burton v. United States, 175 F.2d 960, 963 (5th Cir.1949) (citation omitted), and that “[i]f the Government honestly believes ... that many defendants have played a part in the conspiracy they may be — and probably should be — joined as defendants,” United States v. Dardi, 330 F.2d 316, 329 (2d Cir.1964); see also United States v. Stromberg, 22 F.R.D. 513, 521 (S.D.N.Y.1957) (citation omitted). Mr. Al-'Owhali relies, in part, on United States v. Gonsalves, 691 F.2d 1310 (9th Cir.1982), in which the court affirmed the trial court’s dismissal of a conspiracy indictment because when the trial court had found that the charged conspiracy was “such a complex monstrosity as to be unmanageable.” Id. at 1320. Even in that case, however, where the court expressly found that any trial of the charges contained in the indictment would be unmanageable, it did not conclude that the indictment violated due process. The legal basis for the court’s dismissal was its discretionary, supervisory power to manage its docket. See id. at 1315-22. The Supreme Court vacated the Ninth Circuit’s opinion in light of its intervening decision in United States v. Hasting, 461 U.S. 499, 103 S.Ct. 1974, 76 L.Ed.2d 96 (1983), see United States v. Gonsalves, 464 U.S. 806, 806, 104 S.Ct. 54, 78 L.Ed.2d 73 (1983), and, on remand, the Ninth Circuit reversed, 781 F.2d 1319 (1986). Gonsalves, therefore, does not support Al-‘Owhali’s due process claim. The only other cases cited by Mr. Al-'Owhali in support of his due process claim are cases in which a court has reversed a conviction after a trial. For example, Al-'Owhali urges us to rely on United States v. Bertolotti, 529 F.2d 149 (2d Cir.1975), in which the court reversed the defendants’ convictions, noting that the Government had improperly “merged several conspiracies for the sake of convenience.” Id. at 155. But the court reached that conclusion only after examining the record developed at trial and determining that there was a material variance between the charges in the Indictment and those proved at trial. See id. at 155-59; see also Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946) (reversing a conviction because of variance between single conspiracy charged in indictment and evidence demonstrating multiple conspiracies); United States v. Sperling, 506 F.2d 1323, 1340-43 (2d Cir.1974) (warning the Government not to charge multiple conspiracies in an indictment alleging a single conspiracy). Although Al-‘Owhali cites Bertolotti as well as United States v. Cambindo Valencia, 609 F.2d 603 (2d Cir.1979) (reversing convictions on ground that evidence of multiple conspiracies materially varied from the single conspiracy charged in indictment), for the proposition that “[t]he Second Circuit has condemned the practice of joining together large numbers of defendants and acts by claiming that they are all part of a single conspiracy” (Al-‘Owhali’s Memorandum of Law at 10), those cases differ significantly from this one in that they involved the reversal of convictions after trial on the grounds of a material variance rather than a dismissal of an indictment, prior to trial, on due process grounds. We do not believe, therefore, that they provide any support for the extraordinary relief Al-Owhali requests. Although the Court recognizes that ensuring the Defendants a fair trial on the charges contained in the Indictment will require careful attention and a thorough effort from all parties involved, we cannot conclude at this stage that such a trial is impossible. Al-‘Owhali’s motion to dismiss the Indictment on the ground that any resulting trial will violate due process is, therefore, denied. C. Trial En Masse The final element of Mr. Al-‘Owha-li’s multi-faceted application is his claim that the Indictment should be dismissed because it violates his “right not to be tried en masse for the conglomeration of distinct and separate offenses committed by others.” (Al-‘Owhali’s Memorandum of Law at 11 (citing Kotteakos, 328 U.S. at 775, 66 S.Ct. 1239).) Even if we were to agree with Mr. Al-‘Owhali that a single trial on the Indictment would violate his rights (as to which we express no view at this time), we do not believe that dismissal of the Indictment, as opposed to a severance, is the appropriate remedy. The Court has already begun to implement the procedure suggested in United States v. Casamento, 887 F.2d 1141 (2d Cir.1989), when faced with the prospect of a complex, multi-defendant criminal trial. We have asked the prosecution to estimate the time it anticipates will be required to present its case and the Government has responded that it expects its case to be presented in six months. (See Transcript of Proceedings of Sept. 29, 1999, at 13.) On another occasion, the Court directed the Government to “strictly comply with the mandate” expressed in Casamento. (Transcript of Proceedings of Dec. 13, 1999, at 13.) At this time, however, we believe that it is still premature to address the question of whether separate trials or a joint trial of all Defendants is appropriate. For example, the Attorney General has not yet decided whether the Government will seek capital punishment for any of the Defendants. The Court therefore defers further consideration of the severance question. The parties have suggested that further submissions on the severance question will be presented later this Spring. (See Transcript of Proceedings of Feb. 29, 2000, at 121.) To the extent that Mr. Al-‘Owhali’s motion is premised upon his claim that a joint trial will deprive him of due process, we defer decision until such túne as we are able to consider the many complex questions surrounding the severance issue and have obtained the views of all the parties on this matter. II. MOTION TO DISMISS COUNTS 1 AND 3-244 FOR LACK OF VENUE Defendant Odeh raises another broad challenge to the Indictment. He claims that nearly the entire indictment must be dismissed because this Court is an unconstitutional venue for prosecuting the crimes charged. He seeks the dismissal of every count in the Indictment in which he is named as a Defendant. As a general rule, all criminal prosecutions must be brought in the district in which the offense was committed. See U.S. Const, art. Ill, § 2; Fed. R.Crim.P. 18; see generally United States v. Reed, 773 F.2d 477, 479-82 (2d Cir.1985) (discussing constitutional and policy bases for criminal venue law). When an offense is committed in more than one district, it may be prosecuted in any district in which it was “begun, continued, or completed.” 18 U.S.C.A. § 3237(a) (West 2000); see United States v. Naranjo, 14 F.3d 145, 147 (2d Cir.1994). When an offense is committed outside the jurisdiction of any particular state, it may be prosecuted in that district in which the defendant, or at least one of a group of defendants, is first arrested or to which the defendant is first brought. See 18 U.S.C.A. § 3238 (West 2000). 1. The Conspiracy Counts A conspiracy prosecution can be brought “in any district in which ‘an overt act in furtherance of the conspiracy was committed by any of the coconspirators.’ ” Naranjo, 14 F.3d at 147 (citing United States v. Ramirez-Amaya, 812 F.2d 813, 816 (2d Cir.1987)). Although the Indictment plainly alleges at least three overt acts in furtherance of the charged conspiracies that occurred in the Southern District of New York (El-Hage’s and Ali Mohamed’s perjury before the Grand Jury), Odeh claims that this Court is an improper venue. In support of this claim, Odeh advances the (apparently novel) argument that the overt acts that occurred in this district and which, therefore are critical to our determination as to venue, must bear a “causal connection” to the conspiracies. However, the Indictment plainly alleges that those acts furthered the charged conspiracies and, to that extent at least, would seem clearly to be causally connected thereto. We do not believe that § 3237(a) requires a showing of any additional connection. Odeh’s citation to United States v. Archer, 486 F.2d 670 (2d Cir.1973), on this point is totally inapposite. In that case, the court vacated a conviction because the federal undercover agents who investigated the case inappropriately “manufactured federal jurisdiction,” by traveling out of state to make phone calls to their targets when there was no reason for the calls to have been made other than to establish federal jurisdiction. Id. at 683. Even assuming that Archer’s “manufactured jurisdiction” analysis is appropriate in the somewhat different context of a challenge to venue, cf. United States v. Lems, 676 F.2d 508, 511 n. 3 (11th Cir. 1982) (distinguishing Archer on ground that it applies to jurisdiction rather than venue), for the Court to find venue to have been improperly “manufactured” under Archer we would have to find that the perjury and false statements alleged here were the product of entrapment or outrageous government conduct, or that an essential element of the venue statute was satisfied only by a Defendant’s involuntary act. See Wallace, 85 F.3d at 1065-66 (citations omitted). No claim of entrapment or outrageous conduct has been advanced, and we have little trouble concluding that the alleged perjury before the Grand Jury was a voluntary act. We conclude therefore that § 3237(a) provides an adequate basis for establishing venue in this district for the conspiracy charges contained in the Indictment. 2. The Substantive Counts Odeh’s contention with respect to the substantive bombing counts, Counts 7-244, is that § 3238, on which the Government relies, only applies to offenses committed entirely outside the jurisdiction of any particular state, a position that is apparently supported by language contained in United States v. Gilboe, 684 F.2d 235, 239 (2d Cir.1982). Under that interpretation, § 3238 would not establish venue in a particular district of the United States for an offense that was committed partially within the United States and partially outside the jurisdiction of any particular state. Instead, venue would only lie in that district (or districts) in which part of the offense occurred. The Government disputes Mr. Odeh’s construction of § 3238. It argues that the statement from Gilboe upon which Odeh relies is dictum and that it is in conflict with several decisions in other circuits. We need not resolve that dispute here however because, even assuming that Mr. Odeh’s interpretation of § 3288 is correct, we are not convinced that the substantive bombing counts of the Indictment allege conduct that occurred within the jurisdiction of a particular state. There is no doubt that the conspiracies charged in the Indictment allege numerous overt acts that occurred in the United States. But that litany of overt acts is only incorporated by reference into the conspiracy counts; it is not incorporated into Counts 7-244. The only connection between the substantive bombing counts and conduct that occurred in the United States is through the Indictment’s “Background” section (see Indictment at ¶¶ 1-9), which refers to acts that occurred in the United States (see, e.g., Indictment at ¶¶ 6, 9). We believe that it is clear, however, that “Background” information, which is included in the Indictment solely to aid the jury, is not part of the offenses charged. Counts 7-244, therefore, all allege conduct that occurred exclusively outside the jurisdiction of any particular state. Mr. Odeh’s motion to dismiss those counts for lack of venue is therefore denied. III. MOTIONS TO DISMISS COUNTS FROM THE INDICTMENT ON THE GROUND THAT THEY ARE MULTIPLICITOUS The Indictment alleges 267 discrete criminal offenses, 238 of which arise out of the same two criminal episodes — the embassy bombings. Defendants Al-'Owhali and El Hage ask the Court to dismiss many of those counts, as well as a few of the Indictment’s other counts, on the ground that they are impermissibly multi-plicitous. For the reasons set forth below, each such request is denied. 1. The Double Jeopardy Clause The Defendants advance a variety of legal theories in support of their claims that the Indictment is multiplicitous. One basis upon which courts have dismissed multiplicitous counts from an indictment is the Double Jeopardy Clause of the Fifth Amendment, which provides that no person “shall be subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const. amend. V; see United States v. Chacko, 169 F.3d 140, 145 (2d Cir.1999) (citing United States v. Dixon, 509 U.S. 688, 696, 118 S.Ct. 2849, 125 L.Ed.2d 556 (1993)). The Double Jeopardy Clause prohibits both successive prosecutions and the imposition of multiple punishments for the same offense. See Hudson v. United States, 522 U.S. 93, 118 S.Ct. 488, 139 L.Ed.2d 450 (1997) (citations omitted). Because a multiplicitous indictment would, at least in theory, expose a defendant to multiple punishments for the same offense, the Double Jeopardy Clause requires the Court to dismiss from the Indictment any counts that the Court finds to be multiplic-itous. See Chacko, 169 F.3d at 145; see also United States v. Fiore, 821 F.2d 127, 130 (2d Cir.1987) (“The multiplicity doctrine is based upon the double jeopardy clause ... which assures that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense.”) (quoting Brown v. Ohio, 432 U.S. 161, 165, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977) (internal quotation marks omitted)). “An indictment is multiplici-tous,” in the sense forbidden by the Double Jeopardy Clause, “when it charges a single offense as an offense multiple times, in separate counts, when, in law and fact, only one crime has been committed.” United States v. Walsh, 194 F.3d 37, 46 (2d Cir.1999) (quoting Chacko, 169 F.3d at 145) (internal quotation marks omitted); see also United States v. Holmes, 44 F.3d 1150, 1153-54 (2d Cir.1995). Our analysis as to whether multiple counts in the Indictment charge what is in law and fact a “single offense” is based on the same principles that are regularly applied by courts when interpreting the Double Jeopardy Clause. See Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932). “The applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not.” Id. (citations omitted); see United States v. Dixon, 509 U.S. 688, 696, 113 S.Ct. 2849, 125 L.Ed.2d 556 (1993) (citations omitted) (confirming that Bloch-bwrger test is proper standard for determining whether Double Jeopardy Clause bars multiple punishments). a. Substantive Bombing Counts Because the Indictment focuses on two allegedly similar bombings, its substantive bombing counts come in pairs. Counts Seven and Eight, for example, charge roughly identical violations of 18 U.S.C. §§ 844(f)(1), (f)(3), and 2. {See Indictment at ¶¶ 33, 35.) Count Seven charges the bombing Defendants with violating those statutes in connection with the bombing of the United States Embassy in Nairobi (see Indictment at ¶ 33); Count Eight charges them with the same violations in connection with the bombing of the United States Embassy in Dar es Salaam (see id. at ¶ 35). Similarly, Counts Nine and Ten charge nearly identical violations of 18 U.S.C. § 2332a(a)(l) and (a)(3) in connection with the bombings in Nairobi (Count Nine) and Dar es Salaam (Count Ten). (See id. at ¶¶ 37, 39.) Counts 11-222 (Nairobi) and Counts 223-233 (Dar es Salaam) charge analogous counts of murder with respect to each of the two bombings (see id. at ¶¶ 42, 43). None of the Defendants contend that those parallel allegations are multi-plicitous of each other (i.e., that Count Eight is multiplicitous of Count Seven). Plainly, two different bombings would permit prosecution for two different offenses under the same statute. Al-‘Owhali’s claim is that the Government is only permitted to charge him and his co-defendants with one of those pairs of allegations because, he reasons, each pair “would be proved by identical evidence.... ” (Al-‘Owhali’s Memorandum of Law at 21.) The relevant inquiry, however, is not whether the same evidence would be used to prove the different charges, but whether they are the same offense, as that term is understood in the context of the Double Jeopardy Clause. The question is whether each pair of offenses would “requiref] proof of an additional fact which the other does not.” Blockburger, 284 U.S. at 304, 52 S.Ct. 180. In our view, the answer to that question is clearly affirmative. Each offense charged in the Indictment requires proof of at least one element that is not an element of any of the other offenses. Section 844(f), which penalizes the malicious destruction of government property, requires proof that government property was a target of the bombings; that element is not required by any of the other statutes upon which charges in the Indictment are based. Section 2332a requires proof that a weapon of mass destruction was used in the attacks on the United States Embassies, which is not an element of any of the other offenses charged. See United States v. McVeigh, 940 F.Supp. 1571, 1583 (D.Colo.1996), aff'd, 169 F.3d 1255 (10th Cir.), cert. denied, — U.S. —, 120 S.Ct. 336, 145 L.Ed.2d 262 (1999) (rejecting a virtually identical argument). Finally, the Indictment’s 233 substantive murder counts, charging violations of 18 U.S.C. § 930(c) are not multiplicitous of any other counts because they require proof of a “killing,” an element not required by any of the other provisions. Therefore, we conclude that the three parallel sets of substantive bombing charges — based on §§ 844(f), 2332a, and 930(c) — do not charge the same offense and are not, therefore, multiplicitous. Mr. Al-‘Owhali also claims that Counts 242-44, the three “use or carrying” counts in the Indictment, are multiplicitous in violation of the Double Jeopardy Clause. Each of those three counts charges that the Defendants used and carried a dangerous device during the commission of a felony. They each refer, however, to a different felony. Count 242 references Count One (conspiracy to kill United States nationals); Count 243 references Count 7 (malicious destruction of Government property — Nairobi); and Count 244 references Count 8 (malicious destruction of Government property — Dar es Salaam). The Government’s theory with respect to these counts is that they are not multiplici-tous because “each one is based upon a predicate offense that is distinct under Blockburger. ” (Government’s Memorandum of Law at 78.) Since Counts One, Seven, and Eight are distinct under Blockburger, the Government reasons, Counts 242-245 are distinct as well. Although the Second Circuit has apparently not yet addressed the question of whether distinct predicate offenses is a sufficient basis for charging distinct “use or carrying” violations, the logic of that position seems to follow directly from Blockburger itself. If one of the elements of a “use or carrying” charge is a predicate offense, and the predicate offenses are different, then each “use or carrying” offense requires proof of a different element. We agree, therefore, with the Government that the three “use or carrying” offenses charged in the Indictment are distinct because they are based on distinct predicate offenses. Accord United States v. Floyd, 81 F.3d 1517, 1527 (10th Cir.1996) (citing United States v. Callwood, 66 F.3d 1110, 1114 (10th Cir.1992) (quoting United States v. Sturmoski 971 F.2d 452, 461 (10th Cir.1992))); United States v. Andrews, 75 F.3d 552, 558 (9th Cir.1996) (citing United States v. Mathews, 36 F.3d 821, 823 (9th Cir.1994)); United States v. Nabors, 901 F.2d 1351, 1358 (6th Cir.1990). Al-‘Owhali’s motion with respect to those three counts is, therefore, denied. b. 18 U.S.C. § 2332a(a) Count Four charges all fifteen Defendants with conspiring “to use weapons of mass destruction, to wit, bombs, against nationals of the United States ...,” in violation of 18 U.S.C. §§ 2332a(a)(l) and (a)(3). (See Indictment at ¶22.) Counts Nine and Ten are parallel substantive counts, charging the bombing Defendants with using and attempting to use “a weapon of mass destruction against nationals of the United States ...in violation of 18 U.S.C. §§ 2332a(a)(l) and (a)(3). (Indictment at ¶ 37 (Nairobi); id. at ¶ 39 (Dar es Salaam).) Al-‘Owhali claims that the inclusion of a substantive charge of violating that statute and a charge accusing the Defendants of conspiring to violate the statute is unconstitutionally multiplicitous. We disagree. The Double Jeopardy Clause does not prohibit the inclusion of separate counts in an indictment, charging a substantive offense and a conspiracy to commit that substantive offense. See Iannelli v. United States, 420 U.S. 770, 777, 95 S.Ct. 1284, 43 L.Ed.2d 616 (1975) (“Traditionally, the law has considered conspiracy and the completed substantive offense to be separate crimes.”) (citations omitted); United States v. Feola, 420 U.S. 671, 693, 95 S.Ct. 1255, 43 L.Ed.2d 541 (1975) (“[C]onsecutive sentences may be imposed for the conspiracy and for the underlying crime.”) (citing Callanan v. United States, 364 U.S. 587, 81 S.Ct. 321, 5 L.Ed.2d 312 (1961); Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946)). Al-‘Owhali recognizes this principle but argues that it does not apply here because the statute in question, 18 U.S.C. § 2332a, “does not distinguish between actual use of a weapon of mass destruction and a conspiracy to use a weapon of mass destruction.” (Al-‘Owha-li’s Memorandum at 20.) Consequently, he argues, “they charge identical conspiracies to use weapons of mass destruction against nationals and property of the United States.” (Al-‘Owhali’s Memorandum of Law at 19.) At its core, Al-'Owhalf s argument is that the conspiracy and substantive offense in question are multiplicitous of each other because the statute prohibits them in the same section. See 18 U.S.C.A. § 2332a(a) (“A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction ... shall be ...” punished as specified.) We are not persuaded, however, that the inclusion of a substantive offense and a prohibition on conspiring to commit that offense in the same section of a statute alters the fundamental rule that a conspiracy and the substantive offense are separate crimes. At least one other federal criminal statute — the Hobbs Act, codified at 18 U.S.C. § 1951' — proscribes a substantive offense and conspiring to commit that substantive offense in the same section. See 18 U.S.C.A. § 1951 (West 1999) (‘Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do.... ”) In Callanan v. United States, 364 U.S. 587, 81 S.Ct. 321, 5 L.Ed.2d 312 (1961), the Supreme Court held that convictions under both the conspiracy and substantive provisions of the Hobbs Act were not multiplicitous and could be the basis for consecutive sentences. See id. at 593-94, 81 S.Ct. 321. In so holding, the Court expressly noted that the general rule permitting simultaneous convictions for a substantive offense and conspiring to commit the substantive offense is applicable even when the conspiracy and the substantive offense are defined “within the same statute.” Id. at 594, 81 S.Ct. 321 (citing Carter v. McClaughry, 183 U.S. 365, 22 S.Ct. 181, 46 L.Ed. 236(1902)). Applying Callarían to this case, then, we conclude that violating 18 U.S.C. § 2332a(a) and conspiring to violate that statute are separate offenses. They may be charged, therefore, in separate counts of an indictment as multiple offenses. The Defendant’s motion is denied. 2. Multiplicity as a Matter of Statutory Construction Even if two offenses are distinct for Double Jeopardy purposes, they may nevertheless be multiplicitous if the statute that defines the offense indicates that a defendant’s conduct only constitutes a single violation. See United States v. Coiro, 922 F.2d 1008, 1014 (2d Cir.1991); United States v. Johnpoll, 739 F.2d 702, 714-15 (2d Cir.1984). When a defendant claims that an indictment is multiplicitous because it is based on an erroneous interpretation of a statute (rather than because it violates the Double Jeopardy Clause), our analysis focuses on Congress’s intent with respect to the appropriate unit of prosecution. See Coiro, 922 F.2d at 1014 see also Sanabria v. United States, 437 U.S. 54, 70, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) (citations omitted) (explaining that Congress determines the “allowable unit of prosecution.”). To ascertain congressional intent, “[w]e turn first to the language of the statute, itself, giving each word its ordinary meaning.” United States v. Lindsay, 985 F.2d 666, 673 (2d Cir.1993) (citing United States v. Bernier, 954 F.2d 818, 819 (2d Cir.1992)). The statute as to which Al-‘Owhali claims the Indictment applies an erroneous unit of prosecution is 18 U.S.C. § 930(c), which penalizes any “person who kills or attempts to kill any person in the course of ...” committing a crime involving the unlawful possession of a firearms or other dangerous weapon in a federal facility. See 18 U.S.C.A. §§ 930(a)-(c) (West 2000). Al-‘Owhali argues that because Congress placed that statute in a section of the criminal code entitled “Possession of firearms and dangerous weapons in Federal facilities,” it intended the unit of prosecution to be “the use of a dangerous weapon during an attack on a federal facility.” (Al-'Owhali’s Memorandum of Law at 16.) Because the Indictment only alleges two such attacks (the two bombings), he reasons, the Indictment may only charge two violations of § 930(c), one for each bombing. We disagree. The central operative language of the offense defined by § 930(c), in our view, is a prohibition on killing or attempting to kill a person. That the killing must occur in the course of committing another crime does not alter the statute’s fundamental focus on the killing itself. The Defendant’s citation to Ladner v. United States, 358 U.S. 169, 79 S.Ct. 209, 3 L.Ed.2d 199 (1958), is unavailing. In that case, the Defendant was convicted upon a record at trial that appeared to show that “he fired a single discharge from a shotgun into the front seat of an automobile and that the pellets wounded ... two federal officers, who were transporting an arrested prisoner.” Id. at 171, 79 S.Ct. 209. The statute in question made it a crime to “forcibly resist, oppose, impede, intimidate, or interfere with any person ... while engaged in the performance of his official duties.... ” Id. at 171 n. 1, 79 S.Ct. 209 (citation omitted). The Court, after analyzing the statute’s text and history, found the statute ambiguous and therefore, applying the rule of lenity, concluded that the allowable unit of prosecution was the assault on a federal officer, regardless of the number of victims injured thereby. In this case, however, for the reasons set forth above, no such ambiguity exists. The statute clearly sets forth that its focus is on a killing, rather than a disruption of a federal function, and that focus is confirmed by the statute’s legislative history. Cf. United States v. McVeigh, 940 F.Supp. 1571, 1583 (D.Colo.1996) (distinguishing Ladner on similar grounds), aff'd, 169 F.3d 1255 (10th Cir.), cert. denied, — U.S. —, 120 S.Ct. 336, 145 L.Ed.2d 262 (1999). Al-‘Owhali’s motion to dismiss Counts 11-222 and 223-234 is therefore denied. 3. Perjury Counts It has often been said that “a single lie merits but a single punishment. ...” United States v. Berardi, 629 F.2d 723, 729 (2d Cir.1980) (citing United States v. Williams, 552 F.2d 226, 228 (8th Cir.1977) (quoting Gebhard v. United States, 422 F.2d 281, 289-90 (9th Cir.1970))). It is consistent with the Double Jeopardy Clause, however, to prosecute multiple, related acts of perjury through separate counts in an indictment, so long as each count constitutes a distinct offense. Cf. United States v. Stanfa, 685 F.2d 85, 87-89 (3d Cir.1982) (applying double jeopardy standards in reviewing allegation that perjury counts were multiplicitous). If “proof of each falsehood necessitated the establishment of different facts,” then prosecution for two counts of perjury would not be multiplicitous. See United States v. Doulin, 538 F.2d 466, 471 (2d Cir.1976) (citing United States v. Tyrone, 451 F.2d 16 (9th Cir.1971); United States v. Andrews, 370 F.Supp. 365 (D.Conn.1974)); United States v. Coiro, 785 F.Supp. 326, 332 (E.D.N.Y.1992) (citations omitted). By implication, therefore, if the same falsehood is repeated in response to different interrogators, see United States v. Guariglia, 757 F.Supp. 259 (S.D.N.Y.1991) (denying that indictment was multiplicitous when falsehood was stated on direct examination and repeated on cross-examination), or is repeated to different investigative bodies, see United States v. Clarridge, 811 F.Supp. 697, 703-04 (D.D.C.1992) (different congressional committees), it is constitutionally permissible for an indictment to allege multiple counts of perjury, based on each repetition of the lie. Nevertheless, some courts have dismissed perjury counts from indictments as multiplicitous even though those counts allege separate and discrete criminal offenses which, ordinarily, could serve as the basis for multiple punishments. Some of those courts apparently have been motivated by a concern that the government might “bludgeon a witness who is lying by repeating and rephrasing the same question, thus creating more possible perjury counts.” Gebhard v. United States, 422 F.2d 281, 289-90 (9th Cir.1970); see United States v. Williams, 552 F.2d 226, 228-29 (8th Cir.1977). Others have based their dismissal on the rationale that repetition of the same lie to the same investigative body does not “further impair the operations of the government.” United States v. Ol- sowy, 836 F.2d 439, 443 (9th Cir.1988); see United States v. Graham, 60 F.3d 463, 467 (8th Cir.1995); United States v. Trent, 949 F.2d 998, 999-1000 (9th Cir.1991). In this case, the Government concedes that, with respect to five of the specifications of perjury with which El Hage is charged, the testimony in question was “substantially the same.” Although, as the Government acknowledges, that testimony was provided to the very same investigative body — the June 1996 Special Grand Jury — it was provided on two different occasions and will therefore require proof of different facts. We believe, therefore, that those allegations are not multi-plicitous in the sense forbidden by the Double Jeopardy Clause. Moreover, there is no allegation here, as there was in Gebhard and Williams, that the prosecutors have somehow abused the Grand Jury process. See Stanfa, 685 F.2d at 88-89 (“We think the focus of the Geb-hard court’s concern was on governmental abuse of the grand jury process ....”) (citing In re Poutre, 602 F.2d 1004, 1006 (1st Cir.1979)). El Hage does not suggest that he was subpoenaed to re-appear before the Grand Jury solely so that the Government could repeat questions which, it knew, would solicit additional acts of perjury. To the contrary, at the outset of El Hage’s 1998 Grand Jury testimony, he was expressly warned that the Grand Jury was investigating possible perjury before the grand jury and that he was a target of that investigation. Nor are we convinced, as were the courts in Olsowy, Trent, and Graham, that repetition of El-Hage’s false testimony caused no additional impediment to the Grand Jury’s investigation. On this point, United States v. Salas-Camacho, 859 F.2d 788, 791 (9th Cir.1988), is particularly instructive. In that case, an alleged smuggler was indicted for smuggling goods into the United States and for twice falsely denying the same. Salas-Camacho first denied that he had any items to declare in a statement he made to a primary customs inspector, whose job it was to make “a preliminary determination whether an entrant, upon declaring no goods, should be allowed beyond the customs line.” Id. at 791. He repeated his false statement to a secondary customs inspector, whose job it was “to conduct a more searching examination .... ” Id. The court, reviewing the two false statement charges, reasoned that because the two customs inspectors had distinct duties and responsibilities, a false statement made to each one impeded a separate governmental function. See id. Similarly, here, when El-Hage testified in 1997, the Grand Jury was investigating Usama bin Laden’s terrorist network as a general matter. El Hage’s allegedly false testimony would have impeded the Grand Jury’s ability to determine the members and scope of any terrorist conspiracy led by Bin Laden. But at the time El-Hage testified in 1998, the embassy bombings had occurred. The Grand Jury, therefore, had a very specific and immediate interest in identifying any individuals that might have information about those attacks. El Hage’s repetition of his allegedly false testimony, therefore, impeded a related yet fundamentally distinct Grand Jury inquiry. It no longer only impeded a general investigation into who might be associated with Bin Laden; it also impeded a specific, focused inquiry into who might have bombed the United States Embassies in Nairobi and Dar-es-Salaam. Because the Grand Jury’s motivation was different when El-Hage testified in 1998 than it had been in 1997, a repetition of the same false testimony caused a new, additional harm. It is, therefore, an appropriate basis for inclusion of multiple counts of perjury. Accord Clarridge, 811 F.Supp. at 703-04. El Hage’s motion to dismiss many of the perjury counts with which he is charged is therefore denied. IV. MOTION TO STRIKE SURPLUSAGE FROM THE INDICTMENT Although the Federal Rules of Criminal Procedure grant the Court authority to strike surplusage from an indictment, see Fed.R.Crim.P. 7(d), “[i]t has long been the policy of courts within the Southern District to refrain from tampering with indictments.” United States v. Jimenez, 824 F.Supp. 351, 369 (S.D.N.Y.1993) (quoting United States v. Claytor, 52 F.R.D. 360, 361 (S.D.N.Y.1971) (internal quotation marks omitted)). A motion to strike sur-plusage is only granted where it is clear that the alleged surplusage is not relevant to the crime charged and is inflammatory and prejudicial. See United States v. Hernandez, 85 F.3d 1023, 1030 (2d Cir.1996) (citing United States v. Scarpa, 913 F.2d 993, 1013 (2d Cir.1990) (quoting United States v. Napolitano, 552 F.Supp. 465, 480 (S.D.N.Y.1982))); United States v. Elson, 968 F.Supp. 900, 909 (S.D.N.Y.1997). “If the evidence of the allegation is admissible and relevant to the charge, then despite prejudice, the language will not be stricken.” Napolitano, 552 F.Supp. at 480 (citing United States v. Chas. Pfizer & Co., 217 F.Supp. 199, 201 (S.D.N.Y.1963)). Defendant Salim seeks an order striking the following allegations from the Indictment, which he claims are surplus-age: 1) any references to “terrorist groups and affiliated terrorist groups”; and 2) any irrelevant aliases. We believe, however, that those allegations (assuming they are supported by competent evidence at trial) could very well be relevant to the crimes with which Mr. Salim is charged. See Fed.R.Evid. 401 (defining “relevant evidence” as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence”). The Indictment alleges that Mr. Salim participated in five criminal conspiracies. The Government is permitted to prove such participation, and the existence of the alleged conspiracies, by demonstrating that Mr. Salim committed certain acts which support the inference that he agreed with others to attempt to achieve the criminal objectives set forth in the Indictment. See United States v. Wilson, 565 F.Supp. 1416, 1439 (S.D.N.Y.1983) (“The existence of a conspiracy and a defendant’s participation therein is usually established by ... independent proof of each alleged eo-eonspirator’s ... conduct ... and the totality of conduct of all the participants and the reasonable inferences to be drawn therefrom.”) (quoting United States v. Kahaner, 203 F.Supp. 78, 84 (S.D.N.Y.1962)) (internal quotation marks omitted). That the groups with which he was affiliated committed terrorist acts, and that he used aliases to conceal his identity, if supported by adequate evidence, could support such an inference; those allegations are not, therefore, surplusage. Mr. Salim’s motion is denied. V. MOTION TO PARTIALLY DISQUALIFY CERTAIN ASSISTANT UNITED STATES ATTORNEYS Defendant Odeh seeks the disqualification of AUSA Fitzgerald from appearing in this case as an advocate for the Government both at trial and at any pre-trial proceedings which relate to events in which Mr. Fitzgerald participated. Defendant K.K. Mohamed, similarly, seeks the disqualification of AUSA Karas. The factual basis for both claims is that Fitzgerald and Karas participated in post-arrest interviews with Odeh and K.K. Mohamed, respectively. The Defendants claim that 1) they must call Fitzgerald and Karas as witnesses to testify about those interviews; and 2) that Fitzgerald and Karas might serve as improper “unsworn witnesses” for the Government. Because we find neither claim persuasive, the motions are denied. A. The Advocate-Witness Rule “[Ljawyers representing litigants should not be called as witnesses in trials involving those litigants if such testimony can be avoided consonant with the end of obtaining justice.” United States v. Alu, 246 F.2d 29, 33 (2d Cir.1957). As the ethical rules adopted by the American Bar Association, and codified in many states, have long recognized, “[t]he roles of an advocate and of a witness are inconsistent; the function of an advocate is to advance or argue the cause of another, while that of a witness is to state facts objectively.” American Bar Association, Code of Professional Responsibility EC 5-9 (1978); see United States v. Birdman, 602 F.2d 547, 553 nn. 14-16 (3d Cir.1979) (collecting cases in which courts have condemned an attorney’s simultaneous service as advocate and as witness). Permitting an advocate to testify as a witnesses also creates a risk that jurors will be unable to distinguish the lawyer’s argument from his testimony and might therefore erroneously “accord testimonial credit to the [lawyer’s ... argument[s].” United States v. Prantil, 764 F.2d 548, 553 (9th Cir.1985) (citing United States v. Johnston, 690 F.2d 638, 643 (7th Cir.1982) (en banc)). Courts are quite reluctant, therefore, to permit an advocate to testify as a witness in a case in which he is representing a litigant. If a litigant’s lawyer must be a witness, therefore, he can not be permitted to serve as an advocate at trial. An additional problem arises when the lawyer in question is a prosecutor in a criminal case. When a prosecutor testifies, in addition to all of the concerns specified above, there is a danger that the prestige associated with the prosecutor’s office might induce a jury to grant too much weight to his testimony. See Birdman, 602 F.2d at 553-54 & 553 n. 17; Prantil, 764 F.2d at 553 (“[T]he rule prevents the prestige and prominence of the prosecutor’s office from being attributed to testimony by a testifying prosecutor.”) (citing United States v. Cerone, 452 F.2d 274, 288 (7th Cir.1971)). A court may only permit a prosecutor to testify if the offering party has exhausted all other available sources for that testimony. See Prantil, 764 F.2d at 551-2 (“[A] defendant has an obligation to exhaust other available sources of evidence before a court should sustain a defendant’s efforts to call a participating prosecutor as a witness.”) (citing United States v. West, 680 F.2d 652, 654 (9th Cir.1982)); United States v. Torres, 503 F.2d 1120, 1126 (2d Cir.1974) (reversing conviction when prosecutor testified about courtroom incident involving the defendant because, inter aha, “[t]here was no showing that any of the other people in the courtroom, such as marshals, court clerks, court reporters or interpreters were unavailable”); United States v. Regan, 897 F.Supp. 748, 758 (S.D.N.Y.1995) (“Where witnesses other than the prosecutor can testify to the same matters in question, no compelling need exists.”) (citing Wallach, 788 F.Supp. at 744) (additional citations omitted)), affd 103 F.3d 1072 at 1083 (2d Cir.1997). The prohibition on a lawyer appearing as a witness in a case in which he is also serving as an advocate is grounded in important and legitimate concerns with respect to the proper fu