18 April 2001
Source: Digital file from the Court Reporters Office, Southern District of
New York; (212) 805-0300.
This is the (delayed) transcript of Day 27 of the trial, 4 April 2001.
See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm
3800
1 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
2 ------------------------------x
3 UNITED STATES OF AMERICA
4 v. S(7) 98 Cr. 1023
5 USAMA BIN LADEN, et al.,
6 Defendants.
7 ------------------------------x
8
New York, N.Y.
9 April 4, 2001
10:00 a.m.
10
11
12 Before:
13 HON. LEONARD B. SAND,
14 District Judge
15
16
17
18
19
20
21
22
23
24
25
3801
1 APPEARANCES
2 MARY JO WHITE
United States Attorney for the
3 Southern District of New York
BY: PATRICK FITZGERALD
4 KENNETH KARAS
PAUL BUTLER
5 Assistant United States Attorneys
6
ANTHONY L. RICCO
7 EDWARD D. WILFORD
CARL J. HERMAN
8 SANDRA A. BABCOCK
Attorneys for defendant Mohamed Sadeek Odeh
9
FREDRICK H. COHN
10 DAVID P. BAUGH
LAURA GASIOROWSKI
11 Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali
12 DAVID STERN
DAVID RUHNKE
13 Attorneys for defendant Khalfan Khamis Mohamed
14
SAM A. SCHMIDT
15 JOSHUA DRATEL
KRISTIAN K. LARSEN
16 Attorneys for defendant Wadih El Hage
17
18
19
20
21
22
23
24
25
3802
1 (Trial resumed)
2 THE COURT: What is the next order of business?
3 MR. FITZGERALD: Judge, we were going to begin with
4 one wiretap call reading, the last one, and then we were going
5 to call four witnesses solely as to venue. In fact, I am
6 going to hand up a proposed instruction we might give to the
7 jury -- I have shown to counsel -- that the witnesses will be
8 talking about the arrests of the defendants in the Southern
9 District of New York, and so the jury is not confused, that it
10 is solely with respect to venue.
11 THE COURT: Any objection?
12 MR. COHN: I suppose it is innocuous, but then we
13 should have an instruction with respect to every piece of
14 evidence. They will get an instruction on venue sooner or
15 later.
16 MR. FITZGERALD: We don't feel strongly, Judge. We
17 are trying to be helpful. If there is an objection, no
18 instruction.
19 THE COURT: Why don't you advise the witness at the
20 outset that you are going to ask him questions only relating
21 to the place where the defendants were first ordered arrested
22 and that he should limit his answers to that subject matter.
23 MR. FITZGERALD: Yes.
24 THE COURT: Do you have photos?
25 MR. FITZGERALD: Yes, your Honor. They are being
3803
1 reproduced now and the first one is a recall, Michael Anticev.
2 (Jury present)
3 THE COURT: Good morning.
4 JURORS: Good morning.
5 THE COURT: The government may proceed.
6 MR. FITZGERALD: Yes, Judge. First the government
7 would display on the projectors Government's Exhibit 4, page
8 13. Just reading the name, Mustafa Fadhil.
9 The government would then display on the overhead
10 projector Elmo Government's Exhibit 304, which again is the
11 pop-up phone book received in evidence during the testimony of
12 Agent Coleman, and if we could open the pop-up phone book 304
13 to the page for M. If we could focus on the entry in the
14 middle of the page where it says Mustafa and read the number
15 451257.
16 The government would next display on the Elmo three
17 notebooks seized in the search at Mercy International, the
18 first of which is 636, and if we could focus on the second
19 line from the bottom where M-U-S-T appears to be crossed out
20 and on the right side it reads 451257.
21 If we could next display Government's Exhibit 636B
22 and again focus on the fifth line from the bottom where it
23 reads Mustaf, M-U-S-T-A-F, and the digits 451257.
24 We would next display on the Elmo Government's
25 Exhibit 636C also from the Mercy search, and if we could focus
3804
1 on the sixth line from the top where it reads Mustafa 45125 --
2 if we could try and clarify that -- it looks like either a 7
3 with a line through it or a 4 with a top to it.
4 And now if we could display Government's Exhibit 594,
5 page 1, on the regular machine, if we can just enlarge again
6 the upper left corner where it says voice IMN and the number
7 682505331 and the title of the document "Minutes used," and if
8 we could now turn to page 11 for that same document. If we
9 could enlarge the entry for November 15, 1997, at 12:08.
10 Under the calling number column 682505331, and under the
11 called number column 0025411451257.
12 If we could also now turn to page 14 of the same
13 document, which is Government's Exhibit 591, and if we could
14 enlarge the last three entries for January 22, 1998,
15 indicating a calling number of 682-505331, and reflecting a
16 called number 0025411451257.
17 At this time, your Honor, the government would read a
18 transcript of a conversation recorded on the wiretap. The
19 transcript is 211A-T. As reflected on the transcript, the
20 date of the call is February 7, 1997. The time is 1943. The
21 participants are Harun and a Mustafa, and indicates outgoing
22 call to 011451257. Miss Seda and Mr. Francisco will read the
23 parts of the two participants.
24 (Government's Exhibit 211A-T in evidence read to the
25 jury)
3805
1 MR. FITZGERALD: Your Honor, at this time the
2 government would read certain stipulations in evidence. The
3 first is Government's Exhibit 183. Government's Exhibit 183
4 reads as follows:
5 It is hereby stipulated and agreed by and between the
6 parties as follows:
7 1. If called as a witness, an employee of Pacific
8 Bell familiar with the records maintained by that company
9 would testify that Government's Exhibits 320A through 320B are
10 authentic business records of Southwest Bell that were made at
11 or near the time of the acts and events recorded in them and
12 were prepared and kept in the regular course of Southwest
13 Bell's business activity.
14 2. Specifically: Government's Exhibit 320A consists
15 of subscriber records from Southwest Bell for the telephone
16 number area code (520)682-7022. A subscriber record reflects,
17 among other things, a telephone number or numbers, the address
18 where the telephone number is listed, the customer who
19 subscribes to that telephone number, a name for purposes of
20 billing, an address for purposes of billing, and other related
21 information.
22 3. Government's Exhibit 320B consists of toll
23 records from Southwest Bell for the telephone number area code
24 (520)682-7022 during the period July 1993 through December
25 1997. Toll records reflect, among other things, outgoing
3806
1 calls made from a telephone number or numbers, the outgoing
2 telephone number called from a telephone, the time and date of
3 the call and the length of the call, and other related
4 information.
5 4. Marion Brown, M-A-R-I-O-N, Brown is the
6 mother-in-law of Wadih El Hage.
7 It is further stipulated and agreed that this
8 stipulation may be received in evidence as a government's
9 exhibit at trial, and the government would offer Government's
10 Exhibit 183, the stipulation itself, and then the phone
11 records 320A and 320B pertaining to the telephone
12 (520)682-7022 subscribed to by Marion Brown.
13 THE COURT: All of which are received.
14 (Government's Exhibits 183, 320A and 320B received in
15 evidence)
16 MR. FITZGERALD: Reading from Government's Exhibit
17 45, stipulation:
18 It is hereby stipulated by and between the parties as
19 follows that Government's Exhibit 94 is a true and accurate
20 copy of documents relating to an application for membership to
21 the East Africa Kennel Club, K-E-N-N-E-L, dated July 21, 1994.
22 It is further stipulated that the reference to "G.S.D." is a
23 reference to German Shepherd dog and that the dates April 1,
24 1994, May 9, 1994, and March 16, 1994 are references to the
25 dates the respective dogs were born.
3807
1 It is further stipulated and agreed that this
2 stipulation may be received in evidence as a government's
3 exhibit at trial.
4 The government would offer the stipulation,
5 Government's Exhibit 45, as well as Government's Exhibit 94,
6 which is the application for membership for the East Africa
7 Kennel Club.
8 THE COURT: Received.
9 (Government's Exhibits 45 and 94 received in
10 evidence)
11 MR. FITZGERALD: If we could display on the Elmo the
12 first two pages of Government's Exhibit 94. If we could just
13 focus on the top, East Africa Kennel Club. Application for
14 membership. If we could look below to the name, Mr. Wadih el
15 Hage, and P.O. Box 72239, Nairobi, Kenya, telephone number
16 home 71202219. And now if we could just focus on the date
17 below in the lower right corner next to the signature, July
18 21, 1994. And now if we could display the following page, and
19 again, East Africa Kennel Club appears at the top, application
20 for membership. If we could focus on the name of the
21 applicant, L'Houssaine, L apostrophe H-O-U-S-S-A-I-N-E,
22 Kherchtou, K-H-E-R-C-H-T-O-U, address P.O. Box 55200, Nairobi.
23 And if we could focus now on the date next to the signature
24 line, 21-7-94.
25 The government would now read from a stipulation
3808
1 marked as Government's Exhibit 185:
2 It is hereby stipulated and agreed by and between the
3 parties as follows: The month of Ramadan, R-A-M-A-D-A-N,
4 occurred during the calendar year 1994 from on or about
5 February 15 to on or about March 14.
6 The government would offer Government's Exhibit 185
7 in evidence, the stipulation.
8 THE COURT: Received.
9 (Government's Exhibit 185 received in evidence)
10 MR. FITZGERALD: We would next read from Government's
11 Exhibit 187, another stipulation: It is hereby stipulated and
12 agreed by and between the parties as follows: Omar, O-M-A-R,
13 Nassor, N-A-S-S-O-R, Salim, S-A-L-I-M, is the brother-in-law
14 of Mohamed Sadeek Odeh.
15 Your Honor, we would offer Government's Exhibit 187,
16 the stipulation, in evidence.
17 THE COURT: Received.
18 (Government's Exhibit 187 received in evidence)
19 MR. FITZGERALD: We would next read from Government's
20 Exhibit 152, another stipulation, which reads as follows:
21 It is hereby stipulated and agreed by and between the
22 parties, as follows:
23 1. That if called to testify as a witness, a person
24 familiar with the business records of Airman, A-I-R-M-A-N,
25 Flight School in Norman, N-O-R-M-A-N, Oklahoma, would testify
3809
1 that Government's Exhibit 450 consists of records kept and
2 maintained in the ordinary course of business of Airman Flight
3 School concerning a flight student by the name of Ihab,
4 I-H-A-B, Ali, A-L-I.
5 It is further stipulated and agreed that this
6 stipulation may be received in evidence as a Government's
7 Exhibit at trial.
8 Your Honor, we would offer Government's Exhibit 152,
9 the stipulation, as well as Government's Exhibit 450, which
10 are the flight records.
11 THE COURT: Received.
12 (Government's Exhibits 152 and 450 received in
13 evidence)
14 MR. BUTLER: Your Honor, we would like to now read
15 from stipulation marked as Government's Exhibit 182.
16 It is hereby stipulated and agreed by and between the
17 feathers that if called as a witness Special Agent Elisa
18 Foster Martin of the Federal Bureau of Investigation would
19 testify as follows:
20 1. Government's Exhibit 948 is a true and accurate
21 copy of a birth certificate for Fazul Abdallah which was
22 recovered during the search of the location known as Bebe's
23 house in the Comoros on or about September 2, 1998.
24 It is further stipulated and agreed that Government's
25 Exhibit 948 may be received in evidence as a government's
3810
1 exhibit at trial. It is further stipulated and agreed that
2 this stipulation may be received in evidence as a Government's
3 Exhibit at trial.
4 The government offers the stipulation, Government's
5 Exhibit 182, and the other exhibit, which is Government's
6 Exhibit 948, into evidence.
7 THE COURT: Received.
8 (Government's Exhibits 182 and 948 received in
9 evidence)
10 MR. GARCIA: Your Honor, at this time the government
11 would call Michael Anticev.
12 MICHAEL ANTICEV, recalled.
13 MR. GARCIA: Your Honor, the government is recalling
14 Mr. Anticev, if he could be reminded he is still under oath.
15 THE COURT: The court reminds you you are still
16 under oath.
17 DIRECT EXAMINATION
18 BY MR. GARCIA:
19 Q Agent, you testified previously that you work for the FBI
20 in New York; is that right?
21 A That is correct.
22 Q This morning I am only going to ask you questions about
23 Jamal al Fadhl being brought to the United States and placed
24 under arrest, and I would like to limit your subject matter of
25 your testimony only to that. Do you understand?
3811
1 A Yes.
2 Q Directing your attention, Agent, to December 19, 1996,
3 were you working in the New York field office at that time?
4 A Yes, I was.
5 Q Did there come a time on that date that you traveled to
6 Stewart Airport in Orange County?
7 A Yes, I did.
8 Q Approximately what time did you go to the airport?
9 A That would have been in the late morning, early afternoon.
10 Q What did you do when you arrived there on December 19,
11 1996?
12 A I met an in-bound aircraft and met Jamal al Fadhl.
13 Q What happened after you met Mr. al Fadhl at the airfield?
14 A He was brought to a building where he was processed by
15 immigration and customs.
16 Q What happened after that?
17 A Then I placed him into FBI custody.
18 Q Did there come a time that Mr. al Fadhl was processed at
19 the FBI building?
20 A Yes. That would have been July 10, '97.
21 Q Is that a procedure followed for those that are placed
22 under arrest?
23 A Yes.
24 Q Where did that processing at the FBI take place?
25 A At 26 Federal Plaza.
3812
1 Q Is that in downtown Manhattan?
2 A Yes, it is.
3 Q Agent, were you present when Mr. al Fadhl entered a plea
4 in court?
5 A Yes. That would have been July 16, 1997.
6 Q Where did that take place?
7 A In the courthouse in the Southern District.
8 MR. GARCIA: May I have a moment, Judge?
9 THE COURT: Yes.
10 MR. GARCIA: Nothing further, thank you, Judge.
11 THE COURT: Anything further of this witness?
12 MR. WILFORD: Yes.
13 CROSS-EXAMINATION
14 BY MR. WILFORD:
15 Q Good morning, Agent Anticev.
16 A Good morning.
17 Q Sir, when you went to Stewart Airport, you met an incoming
18 plane; is that correct?
19 A That is correct.
20 Q There were FBI agents on that plane; isn't that correct?
21 A Yes.
22 Q Mr. al Fadhl wasn't on that plane by himself; isn't that
23 correct?
24 A That's correct.
25 Q When you got onto the airplane, was Mr. al Fadhl in
3813
1 handcuffs?
2 A I did not go on the aircraft.
3 Q You never went in at all?
4 A At all.
5 Q When he was brought off the airplane, was he in handcuffs?
6 A I believe not.
7 Q There were FBI agents on either side of them; is that
8 correct?
9 A No, I believe there was only one agent was with him.
10 Q And then you joined that agent?
11 A Yes.
12 Q Sir this happened in December, you said; is that correct?
13 A That would have been December 19, 19896.
14 Q And he was paroled to FBI custody?
15 A He was placed into FBI custody by me.
16 Q You took him into custody?
17 A Yes.
18 Q You didn't take him before a judge or anything like that,
19 is that correct?
20 A Not me personally, but I believe he was brought before a
21 magistrate a few days later.
22 Q You are not sure?
23 A I am pretty sure.
24 Q You had nothing to do with that?
25 A I was not involved with that process.
3814
1 Q When he was brought in to Stewart Airport and placed into
2 your custody, where did you take him?
3 A He was placed in a helicopter and then we brought him to a
4 safe facility.
5 Q In the Southern District?
6 A He was brought to another state.
7 Q Agent Anticev, were you aware of negotiations between
8 Mr. al Fadhl and the American government before he arrived?
9 MR. GARCIA: Objection.
10 THE COURT: Sustained.
11 Q Were you aware of the fact that he had been in the custody
12 of the FBI while he was on that airplane?
13 MR. GARCIA: Objection, Judge.
14 THE COURT: No, overruled.
15 A Can you repeat the question?
16 Q Certainly. Were you aware of the fact that Mr. al Fadhl
17 was in custody, in the custody of the FBI while he was on the
18 airplane?
19 A I believe he would have been placed into protective
20 custody, yes.
21 MR. WILFORD: Thank you. No further questions.
22 MR. GARCIA: One question, Judge?
23 THE COURT: Yes.
24 REDIRECT EXAMINATION
25 BY MR. GARCIA:
3815
1 Q Agent Anticev, you were asked about procedure before a
2 magistrate judge. Do you recall that?
3 A Yes.
4 Q Would that magistrate have also been in the Southern
5 District of New York?
6 A I believe it would have been.
7 MR. GARCIA: Nothing further, Judge.
8 THE COURT: Thank you, Agent. You may step down.
9 (Witness excused)
10 MR. FITZGERALD: Your Honor, at this time the
11 government would read from an additional stipulation marked
12 Government's Exhibit 186:
13 It is hereby stipulated and agreed by and between the
14 parties as follows:
15 1. That if called to testify as a witness, Carol,
16 C-A-R-O-L, Mele, M-E-L-E, an official grand jury reporter from
17 the Southern District of New York, would testify that page 47,
18 lines 2 to 7, of the transcription of the proceedings before a
19 grand jury in the Southern District of New York which took
20 place on the afternoon of September 10, 1998, is a fair and
21 accurate transcription of a portion of the testimony of Ali,
22 A-L-I, Mohamed, M-O-H-A-M-E-D. It is further stipulated and
23 agreed that this stipulation may be received in evidence as a
24 Government's Exhibit at trial.
25 At this time, your Honor, we would offer Government's
3816
1 Exhibit 186, the stipulation, and we would offer the portion
2 of the transcript but not for the truth of the matter
3 asserted, just for the fact that it was said.
4 THE COURT: All right. This is another instance we
5 talked about sometime earlier, where evidence is being offered
6 not for the truth but simply as evidence that the words were
7 spoken.
8 (Government's Exhibit 186 received in evidence)
9 MR. FITZGERALD: Your Honor, I would just read those
10 five lines in the record. Ali Mohamed, September 10, 1998:
11 "Q Did they ever ask you to give any military training?
12 "A No.
13 "Q Did you ever provide any?
14 "A No, never. Only, the only time provide training against
15 the Russians in Afghanistan."
16 MR. GARCIA: Your Honor, the government calls John
17 Scarbeck.
18 (Continued on next page)
19
20
21
22
23
24
25
3817
1 JOHN C. SCARBECK,
2 called as a witness by the government,
3 having been duly sworn, testified as follows:
4 DEPUTY CLERK: Please be seated. Please state your
5 full name.
6 THE WITNESS: John C. Scarbeck.
7 DEPUTY CLERK: Spell your last name.
8 THE WITNESS: S-C-A-R-B-E-C-K.
9 DEPUTY CLERK: Thank you.
10 MR. GARCIA: May I proceed, Judge?
11 THE COURT: Yes.
12 DIRECT EXAMINATION
13 BY MR. GARCIA:
14 Q Good morning, Agent Scarbeck. I'm going to ask you
15 questions about the arrests and procedures for bringing
16 certain individuals to the United States, and I would like you
17 to limit your testimony to those subject areas, okay?
18 A Okay.
19 Q Agent, where do you work?
20 A New York office.
21 Q Is that with the FBI?
22 A Yes, it is.
23 Q How long have you been with the Bureau?
24 A Approximately four and a half years.
25 Q I would like to direct your attention back to September of
3818
1 1998. What office were you assigned to at that time?
2 A New York office.
3 Q And specifically on September 10th, 1998, were you working
4 on that day?
5 A Yes, I was.
6 Q Did there come a time on September 10th that you
7 participated in an arrest?
8 A Yes, I did.
9 Q Approximately what time was that?
10 A Late evening.
11 Q Who was the individual that you arrested on that day?
12 A Ali Mohamed.
13 MR. GARCIA: And if we could have Government Exhibit
14 403R, already in evidence, brought up on the screen.
15 Q Agent, looking at Government Exhibit 403R, do you
16 recognize that individual?
17 A Yes, I do.
18 Q Who is that?
19 A Ali Mohamed.
20 Q And where did you arrest Mr. Mohamed?
21 A At a hotel downtown Manhattan.
22 Q I would like to direct your attention now, Agent, to
23 September 16th of the same year, 1998.
24 Were you working on that day?
25 A Yes, I was.
3819
1 Q And did you also participate in an arrest on September
2 16th?
3 A Yes, I did.
4 Q Could you tell us who the individual was that you arrested
5 September 16th, 1998?
6 A Wadih El Hage.
7 Q And approximately what time was that arrest made?
8 A Late afternoon.
9 Q And where was that?
10 A In the garage of 290 Broadway.
11 Q And would be that be in lower Manhattan?
12 A Yes, it is.
13 Q Now directing your attention to December 1998, did there
14 come a time that you traveled to Germany?
15 A Yes, I did.
16 Q What city did you go to?
17 A Munich.
18 Q Did there come on time when you transferred an individual
19 from Munich back to the United States?
20 A Yes, I did.
21 Q And what was the name of that person?
22 A Mamdouh Salim.
23 MR. GARCIA: And if we could have Government Exhibit
24 106, already in evidence, brought up on the screen.
25 Q Agent, do you recognize the person in Government Exhibit
3820
1 106?
2 A Yes, I do.
3 Q Who is that?
4 A Mamdouh Salim.
5 Q Where did you first see Mr. Salim?
6 A At an airport in Germany.
7 Q What happened after Salim arrived at the airport?
8 A He was taken into custody and brought aboard a plane.
9 Q And did you board the aircraft along with Mr. Salim?
10 A Yes, I did.
11 Q And what was the first stop that that aircraft made in the
12 United States?
13 A Stewart Air Force Base, Orange County, New York.
14 MR. GARCIA: Thank you, Agent.
15 One minute, Judge.
16 (Pause)
17 BY MR. GARCIA:
18 Q I'm sorry, Agent, two more questions, briefly.
19 A Okay.
20 Q Was it your understanding that Ali Mohamed was arrested on
21 charges related to this case?
22 A Yes.
23 Q And was it also your understanding that Mamdouh Salim was
24 arrested on charges related to this case?
25 A Yes.
3821
1 MR. GARCIA: Nothing further, Judge.
2 MR. SCHMIDT: Briefly, your Honor.
3 THE COURT: Yes. Mr. Schmidt on behalf of defendant
4 El Hage.
5 CROSS-EXAMINATION
6 BY MR. SCHMIDT:
7 Q Agent Scarbeck, was that the first time you met Mr. El
8 Hage?
9 A Yes, it was.
10 Q Were you aware prior to his arrest, were you aware of the
11 state that he was residing in?
12 A No.
13 Q You said that he was arrested at the garage at 290
14 Broadway; is that correct?
15 A That is correct.
16 Q Was he with any persons at that time?
17 A Just other agents.
18 Q Do you know the names of the agents that he was with?
19 A Yes, I do.
20 Q What are the names of those agents?
21 A Special Agent John Anticev, Special Agent James Helly,
22 Special Agent Brian Getson.
23 Q Was that the first time that you saw him in the garage, or
24 did you --
25 A No.
3822
1 Q -- accompany him from some other place?
2 A Yes, I accompanied him from a hotel earlier that morning.
3 Q And was the hotel downtown, midtown, uptown?
4 A I believe it was midtown.
5 Q And you did not place him -- well, did you spend any time
6 with him between the time that you picked him up from the
7 hotel to the time that you arrested him?
8 A Yes.
9 Q Where did you spend that time?
10 A Escorting him to the courthouse to testify before a Grand
11 Jury as well as outside the Grand Jury room in a room.
12 MR. SCHMIDT: I have no further questions.
13 May I have one moment, your Honor?
14 (Pause)
15 BY MR. SCHMIDT:
16 Q Was Mr. El Hage in custody when you took him from the
17 hotel to the Grand Jury?
18 A No, he was not.
19 Q Was he in custody at any time prior to you placing him
20 under arrest?
21 A No, he was not.
22 MR. SCHMIDT: Thank you.
23 MR. COHN: May I, your Honor?
24 THE COURT: Mr. Cohn, on behalf of defendant
25 Al-'Owhali.
3823
1 MR. COHN: Thank you, sir.
2 CROSS-EXAMINATION
3 BY MR. COHN:
4 Q You testified to the arrest of Mr. Salim on direct; is
5 that right?
6 A That is correct.
7 Q Were you aware that Mr. Salim was brought to the United
8 States under a decision to extradite him through the German
9 courts?
10 MR. GARCIA: Objection.
11 THE COURT: Yes or no?
12 A No.
13 Q At the time that he emerged from the plane, was he in the
14 custody of -- was he accompanied by FBI agents or was he
15 accompanied by German police?
16 A At the time he arrived in the United States?
17 Q Yes.
18 A FBI agents.
19 Q Did you ever, in connection to his arrest, did you ever
20 meet any authorities from the Democratic German Republic?
21 A Originally when I arrived in Germany, yes.
22 Q But I'm talking about at the plane. We're limiting your
23 testimony to the plane.
24 A At the plane in Germany?
25 Q No. Where did you meet the plane, in Germany or at
3824
1 Stewart Air Force Base?
2 A I traveled on the plane to Germany, arrived back in the
3 United States at Stewart Air Force Base.
4 Q So you were on the plane with Mr. Salim?
5 A Correct.
6 Q And he was delivered into your custody by whom?
7 A The German authorities.
8 Q And when he was placed in your custody on the plane in
9 Germany, did you arrest him there?
10 A I was not the individual who placed him under arrest
11 specifically.
12 Q Were you present when he was placed under arrest?
13 A Yes.
14 Q Who placed him under arrest?
15 A I believe members of HRT.
16 Q HRT stands for what?
17 A Hostage Rescue Team.
18 Q Okay. And where was he placed under arrest?
19 A At an airport in Munich.
20 Q In Germany?
21 A In Germany.
22 MR. COHN: Thank you.
23 MR. GARCIA: Nothing further, Judge.
24 THE COURT: Thank you. You may step down.
25 THE WITNESS: Thank you.
3825
1 (Witness excused)
2 MR. FITZGERALD: Your Honor, at this time the
3 government would read from a stipulation marked as Government
4 Exhibit 184, which reads as follows:
5 "It is hereby stipulated and agreed by and between
6 the parties as follows:
7 "1. If called as a witness, Special Agent Rich
8 Karniewicz would testify that on or about September 10, 1998,
9 he seized Government Exhibit 369, an address book, from Ali
10 Mohamed.
11 "2. If called as a witness, a person fluent in
12 Arabic and English would testify that Government Exhibit 369T
13 is a fair and accurate translation of Government Exhibit 369.
14 "It is further stipulated and agreed that this
15 stipulation may be received in evidence as a government
16 exhibit at trial."
17 And the government would offer the stipulation,
18 Government Exhibit 184, as well as the exhibits referred to
19 therein, Government Exhibit 369 and 369T.
20 THE COURT: Received.
21 (Government Exhibits 184, 369 and 369T received in
22 evidence.)
23 MR. FITZGERALD: If we could just display one page
24 from Government Exhibit 369 on the Elmo, and just direct
25 attention to the second entry on the left side where the
3826
1 numbers that can be read in the alphabet are 181-931-8206.
2 We would next read from a different stipulation
3 marked Government Exhibit 188.
4 "It is hereby stipulated and agreed by and between
5 the parties as follows:
6 "1. If called as a witness, James Roth, esquire, an
7 attorney, would testify that he is an attorney representing
8 Ali Mohamed and that Government Exhibit 362 is the passport of
9 Ali Mohamed.
10 "It is further stipulated and agreed that this
11 stipulation maybe may be received in evidence as a government
12 exhibit at trial."
13 And your Honor, at this time the government would
14 offer Government Exhibit 188, the stipulation, as well as
15 Government Exhibit 362, the passport of Ali Mohamed.
16 THE COURT: Received.
17 (Government Exhibits 188 and 362 received in
18 evidence.)
19 MR. FITZGERALD: We would like to display on the
20 Elmo, first, the picture.
21 If we could switch it to the computer, and just
22 reading name, Mohamed, and underneath that, Ali, Abouelseoud,
23 and under place of birth, Egypt, and the indication that at
24 the top of that page that this is a United States passport.
25 If we could also display page 10 of that passport.
3827
1 We can use the Elmo, it's easier, and just reading from the
2 stamp in the upper left corner, Kenya immigration officer, 9
3 Dec. 1993, as well as to the right, a "Camp Immigration
4 Control, Kenya. Good for single journey to Kenya within three
5 months of date herein if passport remains valid," handwritten
6 visit and date written as 9-12-93, and then in the upper right
7 corner, a triangular stamp reflecting Kenya in the upper left
8 corner with the date 24 January 1994, and underneath it
9 JKIA-Nairobi.
10 MR. BUTLER: Government calls Special Agent Gordon
11 Snow, your Honor.
12 GORDON M. SNOW,
13 DEPUTY CLERK: Please be seated, sir.
14 MR. BUTLER: Good morning, Agent Snow.
15 DEPUTY CLERK: State your full name, sir.
16 THE WITNESS: My name is Gordon M. Snow, S-N-O-W.
17 DIRECT EXAMINATION
18 BY MR. BUTLER:
19 Q Good morning, Agent Snow. I'm going to ask you a few
20 questions directed solely to the arrest and transportation of
21 certain individuals to the United States, and I would ask you
22 to just confine your answers to those questions, okay?
23 A All right.
24 Q How are you presently employed?
25 A I'm a supervisor special agent for Federal Bureau of
3828
1 Investigation.
2 Q Which office?
3 A In Washington, D.C. in the FBI headquarters.
4 Q How long have you been with the FBI?
5 A A little over nine years.
6 Q Drawing your attention to August 26, 1998, were you
7 working that day?
8 A Yes, sir, I was.
9 Q What was your assignment that day?
10 A I was a special agent and member of the Hostage Rescue
11 Team in Nairobi, Kenya.
12 Q What specifically was your assignment that day?
13 A I was assigned to transport Mr. al-'Owhali from Nairobi,
14 Kenya to the United States.
15 Q Was it your understanding that Mr. al-'Owhali was under
16 arrest by the United States Government at that time?
17 A Yes, sir, it was.
18 Q And was that arrest related to the charges in this case?
19 A That's correct, sir.
20 Q And were you on the plane with Mr. Al-'Owhali when it left
21 Nairobi?
22 A Yes, sir, I was.
23 Q And where was the first place that that plane landed in
24 the United States?
25 A The first place that we touched down was Stewart Air Force
3829
1 Base in Newburgh, New York.
2 Q And when did you, approximately when did you arrive?
3 A It was early morning on the 27th of August in 1998.
4 Q Were any photographs taken of Mr. al-'Owhali while he was
5 on the airplane during the rendition?
6 A Yes, sir, there were.
7 MR. BUTLER: May I approach, your Honor?
8 THE COURT: Yes.
9 Q I would like to show you what has been previously marked
10 as Government Exhibit 572A and 572B for identification.
11 Do you recognize those photographs?
12 A Yes, sir, I do.
13 Q What are they?
14 A They're pictures of --
15 MR. COHN: Objection even to the identification at
16 this point. I would like to be heard on that. There's a 403
17 issue.
18 THE COURT: We'll take our midmorning recess.
19 (Jury not present)
20 THE COURT: Mr. Cohn?
21 MR. COHN: Your Honor, the government's proffered
22 evidence is a picture of Mr. al-'Owhali -- are pictures of
23 Mr. al-'Owhali in a shackled state in what's obviously in an
24 airplane seat. I assume the government's announced intention
25 to offer that is to show that he was in fact on the plane, an
3830
1 issue that is not in contest. It has very little probative
2 value.
3 What I believe the real intention is to show his
4 state of mind or the smile and his attitude as the state of
5 mind on the plane at the time he was arrested to use it in the
6 argument over voluntariness, which I believe is not the issue
7 here before the Court.
8 The government had its opportunity to do that, and I
9 regard that -- and it has small probative guidance for that.
10 THE COURT: It was the defendant who introduced the
11 photograph of Mr. al-'Owhali smiling and gesturing to the
12 press.
13 MR. COHN: In a cell, in his cell, days before, yes.
14 THE COURT: What is the purpose?
15 We've begun by telling the witness and the jury that
16 the sole purpose of the testimony is going to be for what we
17 know as venue purposes.
18 MR. BUTLER: Your Honor, we had offered to stipulate
19 on venue. So the fact that the issue of whether he was on the
20 plane or not isn't contested --
21 THE COURT: Are you prepared to stipulate that
22 Mr. al-'Owhali was in fact on that plane?
23 MR. COHN: Absolutely.
24 THE COURT: Very well.
25 MR. COHN: The question is when he was arrested.
3831
1 THE COURT: Very well. When the jury returns, we
2 will say it has been stipulated between Mr. al-'Owhali and the
3 government that he was in fact on the plane referred to by the
4 witness.
5 MR. COHN: And if we could complete that stipulation
6 by saying at the time he was put on the plane, he was placed
7 under arrest by the FBI, then I have no questions of this
8 witness.
9 MR. BUTLER: That's fine, your Honor. We had sent a
10 letter to counsel yesterday on this matter.
11 THE COURT: Very well.
12 MR. BUTLER: The only thing is we just don't waive
13 introducing those at any later proceeding.
14 THE COURT: We'll handle it in that matter to
15 everyone's satisfaction.
16 MR. FITZGERALD: Your Honor, could we have a judicial
17 instruction to the jury that Newburgh is in Orange County and
18 that Orange County is in the Southern District of New York?
19 THE COURT: Yes, I had made a note to myself to
20 include that in the charge, but I'll do it now. It would be
21 more --
22 I take it there's no objection to that.
23 MR. COHN: No.
24 Will the government also stipulate that
25 Mr. al-'Owhali did not choose his destination?
3832
1 MR. FITZGERALD: Actually, we can't.
2 THE COURT: All right. We'll take our recess.
3 (Recess)
4 THE COURT: Let's be seated, please.
5 Have all counsel seen the note from Juror 1277 with
6 respect to his being sent to Norman, Oklahoma and his having
7 taken one Ultralite lesson at a small flight school in Norman,
8 the name of which he does not know? Anybody have any concern
9 about that?
10 MR. FITZGERALD: No.
11 MR. COHN: Mr. al-'Owhali does not.
12 MR. FITZGERALD: The government does not.
13 THE COURT: All right. I will simply tell the juror
14 that we thank him for calling it to our attention.
15 MR. DRATEL: Your Honor, based on our discussion with
16 the government, with respect to the stipulation that will be
17 signed and read today, with respect to Kenyan Telecom
18 records --
19 THE COURT: Yes.
20 MR. DRATEL: -- the proviso for the stipulation which
21 we agreed with the government, we've asked the government the
22 question as to whether the time period of the records that's
23 in the stipulation is, whether it is all the government
24 requested from Telcom Kenya or whether that's all that was
25 produced. And when the government provides that answer, we'll
3833
1 supplement the stipulation down the road with the answer to
2 that question.
3 THE COURT: Very well.
4 MR. FITZGERALD: That's fine, Judge.
5 And we will be continuing past lunch, I believe.
6 THE COURT: Okay.
7 MR. FITZGERALD: But if for some reason it goes very
8 much quicker than we think, there's one stipulation being
9 finalized between Mr. Schmidt and myself that is largely there
10 that we would do over lunch.
11 MR. BUTLER: Your Honor, subject to that stipulation,
12 we have no further questions of Agent Snow.
13 (Jury present)
14 THE COURT: Thank you for sending that note, and it
15 creates no problem. Thank you.
16 My understanding is that defendant Al-'Owhali and the
17 government stipulate that Mr. al-'Owhali was in fact on the
18 plane flight which was the subject of this witness's earlier
19 testimony.
20 I also advise you as a matter of law that Stewart Air
21 Force Base is in Orange County, New York, which is within the
22 Southern District of New York.
23 MR. COHN: Your Honor, I believe there was a further
24 portion of that stipulation as to where the arrest took place.
25 THE COURT: You may state it for the record.
3834
1 MR. COHN: Okay. That the arrest took place in Kenya
2 when he boarded the plane.
3 THE COURT: Very well. So stipulated.
4 Anything further of this witness?
5 MR. BUTLER: No further questions.
6 THE COURT: Thank you. You may step down.
7 (Witness excused)
8 MR. BUTLER: We call Special Agent John Foley.
9 F-O-L-E-Y.
10 JOHN FOLEY,
11 called as a witness by the government,
12 having been duly sworn, testified as follows:
13 DEPUTY CLERK: Please be seated, sir. Please state
14 your full name.
15 THE WITNESS: John Foley.
16 DEPUTY CLERK: Spell your last name.
17 THE WITNESS: F-O-L-E-Y.
18 DEPUTY CLERK: Thank you.
19 MR. BUTLER: May I proceed, your Honor?
20 THE COURT: Yes.
21 DIRECT EXAMINATION
22 BY MR. BUTLER:
23 Q Good morning, Agent Foley.
24 A Good morning.
25 Q I'm going to ask you some questions directed solely to the
3835
1 arrest and transportation of certain individual or individuals
2 to the United States, and I would like you to just confine
3 your answers to those questions, okay?
4 A Yes.
5 Q How are you presently employed?
6 A I'm a special agent with the Federal Bureau of
7 Investigation.
8 Q And how long have you been with the FBI?
9 A Approximately 23 years.
10 Q And drawing your attention to August 27th, 1998, were you
11 on duty that day?
12 A Yes, I was.
13 Q What was your assignment?
14 A I was involved in the rendition of Mohamed Odeh from
15 Nairobi, Kenya to New York.
16 Q Was it your understanding that Mr. Odeh was under arrest
17 by United States authorities when he was taken on the plane?
18 A Yes.
19 Q Was that arrest related to the charges in this case?
20 A Yes.
21 Q Where did the plane first land in the United States?
22 A Stewart Air Force Base, New York.
23 MR. BUTLER: No further questions.
24 THE COURT: Anything?
25 MR. RICCO: Yes, your Honor.
3836
1 CROSS-EXAMINATION
2 BY MR. RICCO:
3 Q Good morning, Agent Foley.
4 A Good morning.
5 Q When you look back to the day when you took Mr. Odeh into
6 custody in Kenya, when Mr. Odeh was on the airplane, he was
7 handcuffed to the chair, isn't that right?
8 A For most of the time, yes.
9 Q And at the time he was handcuffed to the chair, he was
10 dressed in a black jumpsuit; isn't that correct?
11 A Yes, I believe that is correct.
12 Q Just before he boarded the plane, the FBI removed from him
13 the clothing that he was wearing; isn't that correct?
14 A To the best of my knowledge -- I can't remember whether we
15 put the black suit over the clothes he had on or removed it.
16 Q Okay. So, therefore, you don't know whether or not the
17 clothing that he had on, the civilian clothing, was sent on to
18 a lab or not?
19 A No, I do not.
20 Q But you do have a recollection that while he was on that
21 plane he was cuffed to a chair and he had a black jumpsuit on?
22 A That's correct.
23 Q Now, the plane, before it arrived in the United States,
24 that plane landed in Cairo; isn't that correct?
25 MR. BUTLER: Objection, your Honor.
3837
1 THE COURT: Overruled.
2 You may answer.
3 A Yes.
4 Q Okay. Also, during the flight Mr. Odeh was read Miranda
5 warnings and may have been asked one or two questions; isn't
6 that correct?
7 MR. BUTLER: Objection, your Honor.
8 THE COURT: That's sustained.
9 Q Okay. There's no question in your mind that at the time
10 Mr. Odeh was placed on that plane in Kenya he was under
11 arrest, isn't that right?
12 A Under arrest in Kenya?
13 Q Yes.
14 A Yes, we handcuffed him there, so he was taken into
15 custody.
16 MR. RICCO: Thank you. I have no further questions,
17 your Honor.
18 THE COURT: Anything further of this witness?
19 Thank you, Agent. You may step down.
20 (Witness excused)
21 MR. KARAS: Your Honor, the government recalls
22 Abigail Seda.
23 ABIGAIL SEDA, recalled
24 THE COURT: Ms. Seda, the Court reminds you you are
25 still under oath.
3838
1 DIRECT EXAMINATION
2 BY MR. KARAS:
3 Q Good morning, Ms. Seda.
4 A Good morning.
5 MR. KARAS: Your Honor, may I approach the witness?
6 THE COURT: Yes.
7 Q Ms. Seda, I have placed before you what's been marked for
8 identification as Government Exhibit 660. Can you tell us
9 what that is?
10 A It's a summary chart of calls from number 2542820067 to
11 phone number 351261468.
12 Q And did you prepare and assist in the preparation of this
13 chart?
14 A Yes.
15 Q And what records did you review in connection with this
16 chart?
17 A I reviewed the records for the phone number 25428230067.
18 Q And on the second page of the chart?
19 A Yes.
20 Q Down at the bottom, if you could just tell us what
21 information you reviewed before providing that summary there?
22 A I also reviewed the tolls for the phone number
23 18112084433.
24 Q And the information that's on this chart, both on the
25 first and second page, is the information contained therein
3839
1 accurate as compared to the records you reviewed?
2 A Yes.
3 MR. KARAS: Your Honor, at this time we offer Exhibit
4 660.
5 THE COURT: Received.
6 (Government Exhibit 660 received in evidence)
7 BY MR. KARAS:
8 Q Ms. Seda, I'm going to approach you with what has been
9 premarked for identification as Government Exhibit 1645 and
10 ask that you take a look at it.
11 Can you tell us what 1645 is?
12 A It's a summary chart of London phone numbers called for
13 the period of February 1998 to September 1998.
14 Q And did you prepare this chart?
15 A Yes, I did.
16 Q And before you prepared this chart did you review the
17 telephone records for the numbers listed on that chart?
18 A Yes.
19 Q Can you tell us whether or not the information contained
20 in the chart marked 1645 is accurate?
21 A Yes, it is.
22 MR. KARAS: Your Honor, at this time we offer Exhibit
23 1645.
24 THE COURT: Received.
25 (Government Exhibit 1645 received in evidence)
3840
1 BY MR. KARAS:
2 Q Ms. Seda, I'm going to approach you with what has been
3 marked for identification as Exhibit 594C and ask that you
4 take a look at it.
5 If you could tell us what that document is, 594C?
6 A It's a summary chart for the outgoing calls from phone
7 number 682505331.
8 Q And did you review the outgoing call records for that
9 telephone?
10 A Yes.
11 Q And did you prepare this chart?
12 A Yes, I did.
13 Q Can you tell us whether or not the information relating to
14 the telephone number 682505331 is accurate?
15 A Yes, it is.
16 Q Are there other telephone numbers for which you reviewed
17 the records?
18 A Yes, there are.
19 Q What numbers are those?
20 A Telephone number 2542820067.
21 Q Were there any other numbers that started with 254?
22 A Yes. 25471202219.
23 Q The information that is contained on this chart relating
24 to those numbers, did you compare the information here with
25 the records for those numbers that you reviewed?
3841
1 A Yes, I did.
2 Q Can you tell us whether or not that information is
3 accurate?
4 A Yes, it is.
5 MR. KARAS: Your Honor, at this time we offer Exhibit
6 594C.
7 THE COURT: It is received.
8 (Government Exhibit 594C received in evidence.)
9 THE COURT: Is 660 in evidence?
10 MR. KARAS: Yes.
11 THE COURT: It is. I'm told it is.
12 MR. KARAS: Your Honor, at this time I would like to
13 read from a stipulation marked as Government Exhibit 48.
14 THE COURT: Yes.
15 MR. KARAS: "It is hereby stipulated and agreed by
16 and between the parties as follows:
17 "Government Exhibit 321 are authentic business
18 records for Telcom Kenya that were made at or near the time of
19 the acts and events recorded in them from information
20 transmitted by a person with knowledge and were prepared and
21 kept in the regular course of Telcom Kenya's business
22 activity.
23 "Specifically, Government Exhibit 321 are billing
24 records from Telcom Kenya for international calls made from
25 the telephone number 2820067 during the period January 1997
3842
1 through September 1997.
2 "A billing record reflects, among other things,
3 outgoing calls made from a telephone number or numbers, the
4 outgoing telephone number called from a telephone, the time
5 and date of the call, the length of the call, and other
6 related information."
7 Your Honor, at this time the government offers the
8 stipulation marked as Government Exhibit 48 and Exhibit 321,
9 the telephone records.
10 THE COURT: Received.
11 (Government Exhibits 48 and 321 received in
12 evidence.)
13 MR. KARAS: Now, if we could display, please, the
14 chart marked 660.
15 Q Ms. Seda, the time period that's covered for the outgoing
16 calls from 254-2820067 begins when?
17 A It begins on September 9th, 1996.
18 Q And the local time there, is that Kenya local time?
19 A Yes, it is.
20 Q And the length of the call, is that in seconds?
21 A Yes, it is.
22 Q And the location called, that's for the country alone; is
23 that correct?
24 A Yes.
25 Q And can you tell us whether or not that relates to the
3843
1 number 351261468?
2 A Yes, it does.
3 Q How many total calls from 2542820067 were made to that
4 number in Pakistan from September 9, 1996 to November 23,
5 1996?
6 A There were 38 calls.
7 Q And if we could display the second page of Exhibit 660.
8 Finally, with respect to this chart, down at the
9 bottom where there is a listing for calls from 1812084433 to
10 351261468, how many calls were made between September and
11 December 1996 from the number 4433 to the number in Pakistan?
12 A There were 106 calls.
13 Q If we could display Exhibit 1645.
14 For the record, the numbers that are involved in this
15 chart, the time period that's covered?
16 A Is February 1998 to September 1998.
17 Q Finally, if we could display 594C.
18 Now, down at the bottom where there is a listing for
19 the 2542820067, do you see that?
20 A Yes, I do.
21 Q And the calls that were made from that number to Baku,
22 Azerbaijan and from that number to Khalid al Fawwaz in London,
23 did you compare those to the records for that number?
24 A Yes, I did.
25 MR. KARAS: Thank you, I have no further questions.
3844
1 THE COURT: Mr. Dratel, on behalf of El Hage.
2 CROSS-EXAMINATION
3 BY MR. DRATEL:
4 Q Good morning, Ms. Seda.
5 A Good morning.
6 Q With respect to Government's Exhibit 660, the phone number
7 in Pakistan, 351, 261468, that also appears in Government's
8 Exhibit 1631; is that correct?
9 A I am not sure which exhibit.
10 MR. DRATEL: If I may approach, your Honor.
11 THE COURT: Yes.
12 Q I show you 1631T, the last entry. Is that in fact the
13 same number listed in 1631T?
14 A Yes.
15 Q It is under Mohamed Atef, care of Nadeen?
16 A Yes.
17 Q It is Karachi, Pakistan?
18 A Yes.
19 Q And you don't know from your chart who received the call,
20 anything about any conversation; is that correct?
21 A That is correct.
22 Q Do you know whether any of the calls listed on
23 Government's Exhibit 660 are fax transmissions?
24 A That was not on the toll records.
25 Q Do you know how many were attempted faxes?
3845
1 A No.
2 Q Do you know how many were attempts to connect that were
3 unsuccessful?
4 A No.
5 Q On page 2 of Government's Exhibit 660, the number
6 1812084433 that the calls were placed from, that particular
7 part of the exhibit?
8 A Yes.
9 Q That is a London number, correct?
10 A Yes.
11 Q That is 94 Dewsbury Road, is that correct? Do you want to
12 look at 594C?
13 A Yes, it is a 94 Dewsbury number.
14 Q Government's Exhibit 1645, I am sorry. That is 94
15 Dewsbury, correct?
16 With respect to 594C, Government's Exhibit 594C, did
17 you use Government's Exhibit 594 to assemble that chart?
18 A Yes.
19 Q Do you have -- if I could approach the witness, your
20 Honor.
21 I put in front of you Government's Exhibit 594; is
22 that correct?
23 A Yes, it is.
24 Q If you look in the comments part there are some notations,
25 so if you could follow with me, I am trying to make this as
3846
1 efficient as possible. In 594C, you have four calls going
2 from 682505331 -- actually, if we could display -- thank you.
3 Going to 682505331, correct, we have four calls going to
4 2548200067?
5 A Yes.
6 Q If you look at 594, the copy that I put in front of you,
7 if you could look at the B's, B1 and B2 on page 1, those are
8 calls, correct?
9 A Yes.
10 Q They are both on 11/23/96; is that correct?
11 A Yes, it is.
12 Q And the first call is for half a minute; is that correct?
13 A Yes.
14 Q Do you know whether this type of billing, 594, has any
15 increments lower than half a minute?
16 A I would have to look through the totals.
17 Q We will move on rather than look. That is at 9:02:18?
18 A Yes.
19 Q Then the next call, B2, also indicating a call to 0067 --
20 I will just use the last four numbers, for the Kenyan number
21 0067, correct?
22 A Yes.
23 Q That is two and a half minutes later, 9:04:55, and it is
24 again on the 23rd of November 1996?
25 A Yes.
3847
1 Q That is for three minutes, 3.1 minutes?
2 A Yes, it is.
3 Q If you look at page 3, if you look at B3, that's another
4 call to 0067 on January 30, 1997?
5 A Yes, it is.
6 Q That is at 11:49 and 39 seconds?
7 A Yes.
8 Q That is for half a minute?
9 A Yes.
10 Q Isn't that in fact the call that has been introduced in
11 evidence as Government's Exhibit 209A?
12 A I would not recall offhand what the time is for 209A.
13 MR. DRATEL: May I have a minute?
14 THE COURT: Yes.
15 MR. DRATEL: Your Honor, I think there is a
16 stipulation that that is the same call.
17 THE COURT: So stipulated.
18 MR. DRATEL: If I may show the witness the same
19 exhibit. It is Government's Exhibit 209A-T, a translation.
20 Q In fact, that is a call from someone identifying
21 themselves as Abu Khadija; is that correct?
22 A Yes, it is.
23 Q And the recipient of the call is April Ray; is that
24 correct?
25 A Yes.
3848
1 Q It is a one-page transcript?
2 A Yes.
3 Q In fact Mr. El Hage is not home, is that correct? That
4 Mr. El Hage is not home and they should try again in two
5 hours, correct?
6 A Right.
7 Q If you look at the bottom of page 3 of 594, B4, that is
8 another call to 0067?
9 A Yes, it is.
10 Q That is April 20, 1997?
11 A Yes.
12 Q That is for 7.3 minutes?
13 A Yes.
14 Q Those are the four calls to 0067, correct?
15 A Yes.
16 Q If you look on that same page on top of page 3 in the
17 margin, the C notes, that relates to the number 0025471202219?
18 A Yes.
19 Q That is also on 594C, correct?
20 A Yes.
21 Q That is the Ahmed Sheikh Adan phone number, correct?
22 A Yes.
23 Q That is the subscriber? That is why his name is on the
24 chart?
25 A Yes.
3849
1 Q That is the name identified, correct?
2 A Yes, it is.
3 Q So, for example, the one to the left of 0067 says Khalid
4 al Fawwaz, correct? That's just the subscriber, correct?
5 A Yes.
6 Q We don't know exactly who is the parties to the calls.
7 A No, we don't.
8 Q So going back to C1 on page 3 of Exhibit 594, that is a
9 call to 2219, correct?
10 A Yes.
11 Q On January 29, 1997?
12 A Yes.
13 Q That's a 9-minute call?
14 A Yes, 9 minutes.
15 Q Then we have another call also on that page, C2, January
16 31, 1997?
17 A Yes.
18 Q Is that correct? And then if we move to page 4, we have a
19 May 3, 1997, call to 2219?
20 A Yes.
21 Q On the next page, page 5, we have two more calls, C4 and
22 C5? And that is May 13, 1997; is that correct?
23 A Yes.
24 Q Those calls are within three minutes of each other?
25 A Yes.
3850
1 Q And then on page 6 towards the bottom, C6, June 24, 1997?
2 A Yes.
3 Q That is also a call to 2219?
4 A Yes.
5 Q That is six calls from 2219, correct, 6 of the 12 calls?
6 A Yes.
7 Q The next call to 2219, if you look on page 9 it is C
8 asterisk 1. Do you see that?
9 A Yes, I do.
10 Q That is a call on October 30, 1997?
11 A Yes, it is.
12 Q It is 2219?
13 A Yes.
14 Q You are aware, aren't you, that Mr. El Hage returned to
15 the United States in September of 1997?
16 MR. KARAS: Objection.
17 THE COURT: She can answer yes or no.
18 A I wasn't aware.
19 Q Are you aware that he testified in the grand jury
20 September 24, 1997, in New York?
21 A Yes.
22 Q You are aware that he did not go back to Kenya, aren't
23 you?
24 A Now I am.
25 Q If we go through the next page, page 10, look in the
3851
1 middle of the page, C asterisk 2, C asterisk 3, C asterisk 4?
2 A Yes.
3 Q Those are all November 4, 1997; is that correct?
4 A Yes.
5 Q If you go down one further, C asterisk 5, November 5,
6 1997?
7 A Yes.
8 Q These are all calls to 2219, correct?
9 A Yes.
10 Q On the next page, page 11, C asterisk 6 on November 12,
11 1997, correct?
12 A Yes.
13 Q So that's the 12 calls from 682505331 to 25471202219,
14 correct?
15 A Yes.
16 Q There are six calls the last of which is June 24, 1997,
17 and then another six calls beginning October 30, 1997,
18 correct?
19 A That is correct.
20 Q So it would be six calls after September 23, 1997,
21 correct?
22 A Yes.
23 Q Also looking at 594C, in the line that you have from the
24 0067 number to Baku, Azerbaijan, the 36 calls.
25 A Yes.
3852
1 Q There is no relation, as you know from your review of the
2 calls, between the calls going to Kenya and the calls going to
3 Azerbaijan; is that correct?
4 A That is correct.
5 Q And the same is true of the calls going from 0067 from the
6 left, the al Fawwaz number?
7 A On this chart, yes.
8 Q With respect to 594, there are also calls to the United
9 States on 594; is that correct? If you want me to point them
10 out to you, I can go through it. Would you look at page 1.
11 A Yes.
12 Q A1, A2, A3, those are all calls to the United States,
13 correct?
14 A It doesn't say the United States.
15 Q But it is 001, correct?
16 A Yes.
17 Q Do you know what 516-586-5100 is?
18 A No, I don't.
19 MR. DRATEL: If I may approach the witness, your
20 Honor.
21 THE COURT: Yes.
22 Q Government's Exhibit -- I think we can stipulate that is
23 the O'Gara Communications number.
24 573-442-3924, did you check out that number?
25 Withdrawn. That's the number for Siad -- there is a
3853
1 stipulation that the number 5734423924 is the phone number for
2 Siad Khaleel, also reflected on Government's Exhibit 592.
3 That's 8/2 and 8/3, correct?
4 A Yes.
5 Q Those are the initial two calls on this phone, correct?
6 Or three?
7 A Yes.
8 Q Do you know whether that was done to activate the phone?
9 A I don't know.
10 Q If you look at page 24, A4 and A5.
11 A Yes.
12 Q On May 12, 1998, those are two additional calls to the 516
13 number, the O'Gara number; is that correct?
14 A Yes.
15 Q Also if you could go to page 30, please. If you look at
16 A6.
17 A Yes.
18 Q October 8, 1998 is a call to 202 area code?
19 A Yes.
20 Q That's Washington, D.C., correct?
21 A I don't know the area code.
22 Q It is Washington, D.C.?
23 A OK.
24 Q Did you learn that that was the number for 60 Minutes in
25 Washington, D.C.?
3854
1 A No.
2 Q You didn't check out the subscriber information for that
3 number?
4 A No.
5 MR. DRATEL: The government will stipulate that is
6 the number for 60 Minutes in Washington, D.C.
7 THE COURT: So stipulated.
8 Q There are other Kenyan numbers called on this telephone,
9 correct? Do you know just -- withdrawn.
10 Did you check any other Kenyan numbers that were
11 listed as called by this telephone?
12 A Other than the two that are on the chart, no.
13 Q If you could look at page 2, please. Do you see D1 and
14 D2?
15 A Yes.
16 Q Those are calls to 0025411451257, correct?
17 A Yes.
18 Q Both on 12/29/96; is that correct?
19 A Yes.
20 Q That is a Kenyan telephone number, correct?
21 A Yes.
22 Q You didn't check the subscriber information?
23 A No.
24 Q Do you know whether Harun's family lived there?
25 A I don't know.
3855
1 Q Or Harun himself?
2 A No.
3 Q If you next go to page 7, please. D3.
4 A Yes.
5 Q That is another call to the same number 1257, correct?
6 A Yes.
7 Q That is on October 10, '97?
8 A Yes.
9 Q If you go to page 10, please. If you see D4, the third
10 call on the page.
11 A Yes.
12 Q Another call to 1257, correct?
13 A Yes.
14 Q November 4, '97?
15 A Yes.
16 Q Page 11, D5, another call to 1257, correct?
17 A Yes.
18 Q That is November 15, 1997?
19 A Yes.
20 Q Then if you go to page 14, please. And it is D6, 7 and 8.
21 A Yes.
22 Q Three calls on January 22, 1998, to the 1257 number in
23 Kenya?
24 A Yes.
25 Q If you go back to page 10, please. If you look at those
3856
1 marked E -- I am sorry, start at page 7. Go back to page 7.
2 Do you see the call marked E1?
3 A Yes.
4 Q That is to a different Kenyan number, correct,
5 002542761147, correct?
6 A Yes.
7 Q That is October 13, 1997, correct?
8 A Yes.
9 Q If you go to page 9, there are five calls, E2, E3, E4, E5
10 and E6; is that correct?
11 A Yes.
12 Q E2 and 3 are November 2, 1997, 4 and 5 are November 2,
13 1997, correct?
14 A Yes.
15 Q E6 is November 4, 1997, correct?
16 A Yes.
17 Q The next page, page 10, E7, E8, E9, E10, E11, E12, E13 and
18 E14, correct?
19 A Yes.
20 Q And page 9, all those calls were to the 1147 number, if
21 you want to go back and check.
22 A Yes.
23 Q All the E's that I just read, E7 through 14 on page 10,
24 those were all the 1147 number, correct?
25 A Yes.
3857
1 Q Those would be 11/4 for E7 -- this is all 1997 -- 11/4 for
2 E10, November 5, 1997 for E10 and E11, E12, E13 and E14 were
3 all November 6, 1997, correct?
4 A Yes.
5 Q It is all after September 23, 1997, correct?
6 A Yes.
7 Q Now if you could go back to page 7 again. Do you see F1?
8 A Yes.
9 Q That's another number in Kenya, correct, 002542766901,
10 correct?
11 A Yes.
12 Q And that is October 13, 1997, correct?
13 A Yes.
14 Q If you then go to page 9, please. Do you have F2 on
15 November 2, 1997, to the same number?
16 A Yes.
17 Q By the way, for 1147, the E calls on there, did you check
18 the subscriber information for that number?
19 A No.
20 Q Did you check it for the F calls, which is 6901?
21 A No.
22 Q F2 on November 2, 1997, and if you could then go to the
23 next page, page 10, do you see F3, first call?
24 A Yes.
25 Q That is November 4, 1997, correct?
3858
1 A Yes.
2 Q Again, it is 6901?
3 A Yes.
4 Q Then F4 and F5 towards the middle of the page, again 6901?
5 A Yes.
6 Q They are both November 4, 1997?
7 A Yes.
8 Q And then page 13, please. Do you have F6 to 6901,
9 correct, on January 8, 1998?
10 A Yes.
11 Q F7, January 9, 1998, correct?
12 A Yes.
13 Q F8 is again January 9 at F9 January 9, 1998?
14 A Yes.
15 Q They are all 6901?
16 A Yes.
17 Q January 16, 1998, F10?
18 A Yes.
19 Q That is also 6901, correct?
20 A Yes.
21 Q If you go to the next page, page 14, please. F11, F12,
22 F13 and F14, correct?
23 A Yes.
24 Q All to 6901, correct?
25 A Yes.
3859
1 Q F11, 12 and 13 are all January 19, 1998, correct?
2 A Yes.
3 Q F14 is January 20, 1998, correct?
4 A Yes.
5 Q So that is 14 calls to the 6901 number all of which
6 occurred after September 23, 1997, correct?
7 A Yes.
8 Q If you look at page 11, please. Look at G1, please.
9 A Yes.
10 Q That is another Kenyan number, correct?
11 A Yes.
12 Q 0025411229660, and it was called November 15, 1997,
13 correct?
14 A Yes.
15 Q Did you check the subscriber information for that number?
16 A No.
17 Q If you go to page 10, please. If you look at -- H1, the
18 second call. Do you see that?
19 A Yes.
20 Q That is another Kenyan number, correct?
21 A Yes.
22 Q 0025425560637, is that correct?
23 A Yes.
24 Q That is November 4, 1997, correct?
25 A Yes.
3860
1 Q Did you check the subscriber -- withdrawn.
2 Are you aware that is a number for Mercy
3 International in Nairobi?
4 A No, I wasn't.
5 Q Did you check the subscriber information for that number?
6 A No.
7 Q If you could go to page -- again on page 10, two calls
8 down is I1, do you see that?
9 A Yes.
10 Q That's another number in Kenya, correct?
11 A Yes.
12 Q 002542543441, correct?
13 A Yes.
14 Q Also on November 4, 1997, correct?
15 A Yes.
16 Q Are you aware that that is a fax number for Mercy
17 International in Nairobi?
18 A No.
19 Q Did you check the subscriber information for that number?
20 A No.
21 Q We have just gone through 14 calls for the 1147 number,
22 correct? Withdrawn.
23 You did not put those calls on your chart, correct?
24 All the calls we just went through on this Exhibit 594, you
25 did not put those on your chart, correct?
3861
1 A That is correct.
2 Q It is 39 calls to numbers in Kenya other than 0067 or
3 2219, correct?
4 A Correct.
5 Q A total of four calls to 0067, correct?
6 A Yes.
7 Q Twelve calls to 2219, correct?
8 A Yes.
9 Q Six of which occur after September 23, 1997, correct?
10 A Yes.
11 Q And there is a total of 44 other calls to Kenya numbers
12 that aren't on your chart, correct?
13 A Correct.
14 MR. DRATEL: Nothing further, your Honor.
15 THE COURT: Anything further?
16 MR. KARAS: Brief redirect, your Honor.
17 REDIRECT EXAMINATION
18 BY MR. KARAS:
19 Q Miss Seda, do you recall just being asked questions about
20 the Kenyan number 45157?
21 A Yes.
22 Q If we could pull up, please, Government's Exhibit 211A-T
23 in evidence. Can you tell us whether or not you recognize
24 that as a transcript you read to us this morning?
25 A Yes.
3862
1 Q For the record, the outgoing call is to 011451257?
2 A Yes.
3 Q Who is the person that answers that phone when that number
4 is called?
5 A It looks like Mustafa.
6 Q Mr. Dratel asked you about some other numbers in Kenya. I
7 believe we have them labeled as E for these purposes, F, G, H
8 and I. Do you recall that?
9 A Yes.
10 Q If you go to page 7 of Government's Exhibit 594.
11 A Yes.
12 Q What is the date that E1 appears on?
13 A October 13, 1997.
14 Q What date does F1 appear on?
15 A The same date, October 13, 1997.
16 Q And if you could turn to page 11, please. Do you see his
17 marking there G1?
18 A Yes.
19 Q What date is G1 called?
20 A November 15, 1997.
21 Q If you could turn to page 10, please. Do you see where he
22 has H1 marked?
23 A Yes.
24 Q What date does that appear on?
25 A November 4, 1997.
3863
1 Q Finally, I1, do you see I1 on that page?
2 A Yes.
3 Q What date does that number first called?
4 A November 9, 1997.
5 Q So E1F1G1H1I1, are any of those called before September
6 23, 1997?
7 A No.
8 MR. KARAS: Nothing further.
9 MR. DRATEL: Brief recross, your Honor.
10 THE COURT: Yes.
11 RECROSS-EXAMINATION
12 BY MR. DRATEL:
13 Q With respect to 1257, the number on the transcript that
14 you looked at on redirect, do you know whether Harun or
15 Harun's family ever lived at that telephone number?
16 A No, I don't.
17 Q With respect to the dates of the calls, would you look at
18 page 2, please. D1 and D2, 12/29/1996, correct?
19 A Yes.
20 Q The next D is on page 7, D3, correct?
21 A Yes.
22 Q That is 10/10/97, correct?
23 A Yes.
24 Q So of the 39 calls to numbers other than 0067 or 2219 that
25 are in 594, not on your chart but in 594, of those 39 calls,
3864
1 37 of them are after September 23, 1997, correct?
2 A Yes.
3 Q On your chart you have four calls to 0067 before September
4 23, 1997, six calls to 2219 before September 23, 1997, and six
5 calls to 2219 after September 23, 1997, correct?
6 A Yes.
7 Q So you have a total of 10 calls to either 0067 or 2219
8 before September 23, 1997, correct?
9 A Yes.
10 Q And you have 43 calls to the other numbers, 4419, after
11 September 23, 1997, correct?
12 A Yes.
13 Q 43 after, 10 before, correct?
14 A Yes.
15 MR. DRATEL: Nothing further, your Honor.
16 MR. KARAS: Just one question, your Honor.
17 REDIRECT EXAMINATION
18 BY MR. KARAS:
19 Q In the other chart that you have, marked 660 --
20 MR. DRATEL: Your Honor, I did not recross on 660.
21 THE COURT: Overruled.
22 Q How many calls do you have from the 0067 number to the
23 number 61468 to Pakistan?
24 A Thirty-eight.
25 Q That is 1996, correct?
3865
1 A Yes.
2 MR. KARAS: Nothing further.
3 THE COURT: Very well. You may step down.
4 (Witness excused)
5 THE COURT: Would it upset any great expectations if
6 we took an early lunch break?
7 MR. FITZGERALD: Not on the government's part.
8 THE COURT: Very well. I am told that the jurors'
9 lunch has arrived. So we will take our lunch break now and we
10 will resume at 1:30.
11 (Luncheon recess)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3866
1 A F T E R N O O N S E S S I O N
2 1:30 p.m.
3 THE COURT: I have signed the subpoena submitted on
4 behalf of Al-'Owhali. In doing so, I do not intend to give
5 any imprimatur to those subpoenas. I am simply reflecting the
6 view I stated in my memorandum about the low threshold for
7 issuance of a subpoena -- I underline "issuance" -- and my
8 thought that it will be more constructive to address some of
9 the issues raised by the subpoenas after they have been issued
10 and there is a response.
11 MR. COHN: May we pick them up from chambers?
12 THE COURT: In chambers. They are being Xeroxed and
13 we'll make a set for the government.
14 MR. FITZGERALD: Thank you, Judge.
15 THE COURT: All right, next order of business is?
16 MR. FITZGERALD: I believe we'll be reading from two
17 documents in evidence or will be offered, Government Exhibit
18 245, 245T and 300B-T, and then another reading, and that will
19 be by Mr. Butler, and then Mr. Karas will be reading a number
20 of documents from translations from London. There are no more
21 live witnesses.
22 THE COURT: No more live witnesses.
23 (Jury present)
24 MR. BUTLER: Your Honor, I would like to begin by
25 reading briefly from a stipulation, Government Exhibit 36,
3867
1 which has been previously received in evidence.
2 "It is hereby stipulated and agreed by and between
3 the parties," reading from page 4, paragraph 3, "that for the
4 time period including in or about July 1996 through September
5 1997, the Kenyan telephone number 254820067 was assigned to a
6 telephone in Nairobi which was subscribed to Wadih El Hage.
7 During part of that time period, the telephone was wiretapped
8 to intercept facsimile transmissions to and from the telephone
9 number, which were recorded on a machine in a secure location
10 in the Nairobi area.
11 "The fax transmissions recorded included the
12 following government exhibits, which were received on or about
13 the date and time indicated, and outgoing faxes were sent to
14 the telephone number indicated."
15 The first is Government's Exhibit No. 245, with a
16 date of February 25, 1997, a time of 5:56 a.m., and a
17 telephone number called listed as fax.
18 The second is Government's Exhibit No. 246, which has
19 a date of August 2nd, 1997, and a telephone number called
20 listed as fax.
21 "It is further stipulated and agreed that the
22 government and the defendants are agreeing to the authenticity
23 of the recordings and facsimiles as specifically described in
24 paragraphs 1 through 3 above, and more generally in the
25 preceding paragraph."
3868
1 And at this time the government would offer into
2 evidence Government Exhibits 245 and 246.
3 THE COURT: And the stipulation, 36?
4 (Government Exhibits 245 and 246 received in
5 evidence)
6 MR. BUTLER: And the stipulation is 36, which has
7 already been received in evidence.
8 THE COURT: All right. I'm going to ask that the
9 government prepare prior to April 16th -- when I say "the
10 government prepare," Mr. Fitzgerald gets a pained look on his
11 face.
12 MR. FITZGERALD: It slows me down.
13 THE COURT: -- a document which will list the number
14 of every stipulation and just a brief description of its
15 contents, and that list itself is to be in the form in which
16 it is admissible as an exhibit.
17 MR. BUTLER: And your Honor, now we would like to, on
18 the left side of the screen, publish to the jury Government
19 Exhibit 300B-T, previously admitted into evidence, which is a
20 document recovered from a computer that was seized during the
21 search previously testified to by Agent Daniel Coleman. And
22 on the right-hand side of the screen we would like to publish
23 Government Exhibit 245-T, which is a translation of Government
24 Exhibit 245. And Government Exhibit 245-T was received in
25 evidence yesterday.
3869
1 (Pause)
2 THE COURT: Next.
3 MR. BUTLER: It's not coming up on the screen. A bit
4 of a technical difficulty.
5 (Pause)
6 MR. BUTLER: Reading from Government Exhibit 300B-T,
7 but we'll display both documents simultaneously.
8 (Government Exhibit 300B-T read)
9 MR. BUTLER: I note that the version on Government
10 Exhibit 300B-T on the left is signed "your brother, Abu Hafs,"
11 which is not on the document.
12 Now if we could show Government Exhibit 321, which
13 has been previously entered into evidence. If we could focus
14 on August 2, 1997 at 17:52. Focus on the calls to the United
15 Kingdom, we can see a call -- we start from the left, we see a
16 call from 820367, a UK number 4433, and the date is August 2,
17 1997 and the time is 17:52.
18 Now if we could display Government Exhibit 660, which
19 is a chart that was entered this morning, page 2, you can see
20 the calls from 1812084433.
21 Now if we could go to Government Exhibit 246, we
22 could focus on the fax header at the top of the page. You see
23 "W, phone number 820067, August 2, 1997, 5:52 p.m., page 1."
24 And if we could now go to Government Exhibit 246T,
25 which is the translation of Government Exhibit 246, I'll read
3870
1 from 246T.
2 (Government Exhibit 246T read)
3 MR. KARAS: Your Honor, we would now propose to -- if
4 we could pull up on the left side of the screen Exhibit
5 1629-234, an address book found at 94 Dewsbury Road, and on
6 the right side of the screen, if we could pull up the first
7 page of Government Exhibit 1586-1, and reading from the
8 Exhibit 1629, the attorney/professor Adel Abdel Majeed,
9 office: 01819640087. And reading from the first page of 1586,
10 which are phone records previously entered by a stipulation,
11 name, Mr. A. Abdel Majid T/A, IODEP, A, below that 15A
12 Beethoven Street, London W10, and on the far right, Tel.
13 number 0181-9640087.
14 And if on the right we could pull up the first page
15 of Government Exhibit 1593 to highlight the middle there,
16 reading from the exhibit on the left, 1629, the second number,
17 01819608904, and then reading from the first page at 1593,
18 Mr. A. Abdel-Majed T/A Addalil, 6 Macefield Studios, 1A
19 Beethoven, London, W10, and from the right, 01819608904.
20 If we could display on the left side of the screen
21 1631-T11A, a different address book found at 94 Dewsbury, and
22 if we could highlight the entry Adel Abdel Majeed, just
23 highlight it, and on the right if we could pull up the first
24 page of Exhibit 1591 and highlight the middle of that page,
25 and reading from the exhibit on the left 1631, Adel Abdel
3871
1 Majeed, home: 01819642549. And reading from the right,
2 Ms. F. Johnston, 63 Severn House, 17 Dowlin Street, London,
3 W10, and on the right the number 01819642549.
4 And while we continue to go through these numbers
5 we'll be displaying the map that was previously entered as
6 Government Exhibit 1608.
7 Next if we could display on the left Government
8 Exhibit 1631-T13B, same address book just displayed, and if we
9 could highlight the second entry, Adel's office. And on the
10 right if we could display the first page of Government Exhibit
11 1585. Reading from Government Exhibit 1631, Abdel's office,
12 Tel.: 01819640087. Directory: 9643113, and below that,
13 3220.
14 And reading from the first page of 1585, name Khalid
15 al-Fawwaz, T/A Addalil, address: 5 Mansfield Studios, 1A
16 Beethoven Street, London W10, and on the far right,
17 01819693220.
18 If we could next display from the same address book
19 page 315B --- T15B, and if we could highlight the second entry
20 from the bottom. And on the right if we could display the
21 first page of 1584, separate telephone record entered by
22 stipulation.
23 Reading from the left, the address book, Abdel, below
24 that, 01819680048, and reading from the telephone record 1584,
25 name: Mr. S. Bayoumi, address Unit 5, 1A Beethoven Street,
3872
1 London, W10, and reading from the far right, the number
2 01819680048.
3 And if on the right we could display the first page
4 of Exhibit 1596, mobile telephone records entered by way of
5 stipulation, and if we could highlight the first third of the
6 page starting with Mr. Saayed Bayoumi. Reading from the left,
7 below where number 0048 was listed, it reads mobile:
8 5956375892, and from the first page of the telephone record,
9 Mr. Saayed Bayoumi, 55B Ehlham Road, London W14. And it reads
10 121 phone number 0956365892.
11 If we could go back to the full page of T15 on the
12 left and put that on the left, and if we could highlight only
13 the fourth entry, Abu Abdallah, and on the right if we could
14 display the first page of Exhibit 1589, additional telephone
15 records. If we could highlight the middle of the page,
16 reading from the left, the address book, Abu Abdallah, Tel:
17 01819600574, and on the right, name: Mrs. A. al-Salam,
18 address: 38 Waldo Road, London, NW10, and the number on the
19 far right, 01819600574.
20 And if on the right side we could display the first
21 page of Exhibit 1595, which are telephone records from One 2
22 One Mobile Phone and highlight the first. Reading from the
23 address book below Abu Abdallah, mobile: 0956657875. Reading
24 from the records 1595: Mr. Abraham Aid, 1 Beethoven Street,
25 London, W10, and down below, One 2 One phone number
3873
1 0956657875.
2 And if we could display on the left side Government
3 Exhibit 1534-T2, which is from an address book found at 38
4 Waldo, Eidarous' residence, and if we could highlight the
5 entry C, Abbas, 441819642549, and then a separate number
6 44956375892.
7 And if we could display on the full screen Government
8 Exhibit 95, which is a summary chart, and if we can -- this is
9 telephone calls made on February 22, 1998. And if we could go
10 to the second page and reading, if we could focus from 5:49
11 p.m. -- excuse me, 5:45 p.m. on down, 5:45 p.m., .5 minutes,
12 length of call, calling number 682505331, subscriber Ziyad
13 Khalil, receiving call number 441812084411, subscriber
14 al-Fawwaz.
15 And then skipping down to 5:49 p.m., call lasting
16 30.7 minutes, calling number 441817418008, subscriber Al-Quds,
17 receiving number 873682505331, subscriber Ziyad Khalil. Call
18 at 6:21 p.m., .5 minutes, calling number 682505331, the
19 receiving number 44956657875, subscribe Aid. Call at 6:36
20 p.m., 2.5 minutes, 441812084411, subscriber al-Fawwaz,
21 receiving number 44956375892, subscriber Bayoumi.
22 If we could display the first page of Government
23 Exhibit 96, telephone calls made on February 23, 1998, summary
24 chart, and I'll just read the first line, 9:15 a.m., length of
25 call 2.1 minutes, originating number 44956657875, subscriber
3874
1 Aid, the number called 44956375892, subscriber is listed as
2 Bayoumi.
3 Next if we could display on the full screen,
4 Government Exhibit 1505, a document found in Ibrahim Eidarous'
5 car. And if we could display the translation, 1505-T, and
6 just reading the title, "The International Islamic Front for
7 Jihad against the Jews and Crusaders. A Legal Fatwah." And
8 if we could turn to the second page, and the third page, and
9 down at the bottom it reads, Sunday, 25 Shawwal, 1418 is in
10 brackets, H-2/12/1998.
11 And next if we could display on the full screen
12 Exhibit 1542. This is a document found at Adel Abdel Bary's
13 house, 63 Severn, and if we could display the translation,
14 1542-T, again reading just the title, "The International
15 Islamic Front for Jihad Against the Jews and the Crusaders. A
16 Legal fatwah."
17 And if we could go to the next document, which would
18 be 1556, and this is found at 1A Beethoven Street.
19 And your Honor, at this time we would like to publish
20 the graphic presentation that is referenced in the stipulation
21 that was marked as Government Exhibit 167 regarding what the
22 testimony would have been from a fingerprint specialist from
23 Scotland Yard.
24 Okay. This, for the record, is 1556-LT. And while
25 we do that, if we could display 1556-T, which is the
3875
1 translation. And again for the record, the title, "The
2 International Islamic Front for Jihad Against the Jews and the
3 Crusaders. A Legal Fatwah." For the record, we read into
4 evidence Exhibit 93-T, which was a different copy of the
5 fatwah published in Al-Quds al-Arabi on February 23, 1998.
6 Next if we could display Exhibit 1532, a document
7 found at 38 Waldo, the residence of Ibrahim Eidarous, and then
8 1532-T, reading just the top few lines. "In the name of God,
9 the compassionate and merciful. The distinguished
10 brother/Daoud. Peace be upon you along with God's mercy and
11 his blessings."
12 If we could display the whole document, and if we
13 could next display Government Exhibit 1533. Actually, I'm
14 sorry, if we could display 1532-T one more time and just at
15 the bottom note "your brother, Osama, and then 1533." Another
16 document found at 38 Waldo Road.
17 And if we could display 1533-T, and then reading from
18 the top, "In the name of God, the compassionate an merciful,
19 honorable brother Osama, greeting and more." And if we could
20 go to page 2, and reading at the bottom, "your brother,
21 Dawood."
22 Next if we could display Government Exhibit 1525, one
23 of the documents found in the trunk of Eidarous' car, and if
24 we could highlight for a minute the fax header: "From
25 Inrnational Center for TELCM Y, phone No. 0096742148 appears
3876
1 to be 08, MAR 01, 1998, 11:30 a.m., P1."
2 And next if we could display 1525-T, and reading that
3 document, if we could highlight the first few paragraphs.
4 (Government Exhibit 1525-T read)
5
6 (Continued on next page)
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3877
1 MR. KARAS: Next if we could display 1535, which was
2 found in 38 Waldo, Ibrahim Eidarous's residence, and for the
3 record the name of passenger reads Eidarous/IMR from Baku to
4 Amsterdam, from London to Amsterdam to Baku, and if we could
5 highlight the date on the far right. Underneath the red
6 handwriting, SEP 22 97. And form of payment on the lower
7 right, cash.
8 Next if we could display Exhibit 1523, a document
9 found in the trunk of Eidarous's car, and then if we could
10 display 1523-T.
11 (Mr. Karas read from Government Exhibit 1523-T in
12 evidence)
13 MR. KARAS: And if we could next display the ninth
14 page of Exhibit 594 the minutes and news records of the O'Gara
15 Satellite records, and if we could highlight the calls
16 10/30/97, and reading the second line, 10/30/97, 120705,
17 682505331, the calling number, the number called 044956375892.
18 And we will note for the record 10/30/97, 12:35, number called
19 0044956375892, and the same number is called again at
20 12:43:55, 12:51:23, and 15:52:51.
21 Next if we could display Exhibit 1536, found at 38
22 Waldo Road, Eidarous's residence, and reading from the top
23 right, International Islamic Relief Organization, Saudi
24 Arabia. Below that, NGO in consultative status with economic
25 and social council of the UN. And on the left in English,
3878
1 01/08/96. And then again in English, 01/08/98.
2 Next if we could display Exhibit 1505, which is a
3 document found in Eidarous's car, and if we could display
4 1505-T1, again the International Islamic Front for Jihad
5 against the Jews and Crusaders, a legal fatwah, and if we
6 could turn to page 3 of the translation.
7 (Mr. Karas read from Government's Exhibit 1505-T1 in
8 evidence)
9 MR. KARAS: If we could next display on the left side
10 1502, a document found in the trunk of Eidarous's car, and
11 then if we could display on the left side 1502-T. And on the
12 right if we could display 1503, another document found in
13 Eidarous's car, and then the translation 1503-T on the right
14 side. If we could just highlight for the moment the top three
15 lines before we get to the text on the left. Fax header
16 08/3/apostrophe looks like 98, 1555, 002023490076, Al Rai Alam
17 Cairo. Mr. Amin. Below that Mr. Noor. And if we could on
18 the right side display before we get to the next the title on
19 down.
20 (Mr. Karas read from Government's Exhibit 1503-T in
21 evidence)
22 MR. KARAS: I am sorry, if we could go back to the
23 one on the right, the first paragraph, if we could magnify
24 that. Starting again, this is the first paragraph from
25 1503-T.
3879
1 (Mr. Karas read from Government Exhibit 1503-T in
2 evidence)
3 THE COURT: Mr. Karas, how much more?
4 MR. KARAS: If this is a convenient time to break, we
5 can.
6 THE COURT: We will take our break.
7 (Recess)
8 (Jury not present)
9 MR. FITZGERALD: Judge, I think there is one
10 corrected stipulation that we do not need to read to the jury
11 but if we could offer it for the record. There are just
12 typographical errors.
13 MR. BUTLER: It has been marked 39-R, which is the
14 stipulation regarding the cause of death of the decedents in
15 the Nairobi, Kenya, bombing. The original stipulation was
16 entered as Government's Exhibit 39 and we offer this one as
17 39-R.
18 THE COURT: The spelling of names have been changed?
19 MR. BUTLER: Yes.
20 THE COURT: Do they now conform to the indictment or
21 is the indictment incorrect?
22 MR. BUTLER: No, they now conform to the indictment.
23 THE COURT: 39-R received.
24 (Government's Exhibit 39-R received in evidence)
25 MR. FITZGERALD: Judge, we would offer one other
3880
1 exhibit, which is just a translation, which we do not need to
2 read in front of the jury. It is 545R-T and that would be
3 exhibit entered with the Pakistani officials the other day, a
4 receipt. It is the translation.
5 THE COURT: Received.
6 (Government's Exhibit 545R-T received in evidence)
7 (Jury present)
8 THE COURT: We turned on the air conditioner. We
9 were finding it warm. I was told things are all right. In
10 any event, while we are in recess there will be a major
11 overhaul there. If there is any problem, let me know.
12 MR. FITZGERALD: Your Honor, the government would
13 read two stipulations into the record. The first one is
14 Government's Exhibit 172.
15 It is hereby stipulated and agreed by and between the
16 United States and the defendant Wadih El Hage, by and with the
17 consent of his attorneys as follows:
18 1. That if called to testify as a witness, a special
19 agent with the Federal Bureau of Investigation would testify
20 that beginning in 1996 the United States Attorney for the
21 Southern District of New York and the Federal Bureau of
22 Investigation, working with other local, state and federal
23 agencies, initiated a grand jury proceeding to investigate
24 Usama Bin Laden and an organization known as Al Qaeda, to
25 determine whether he or the organization were involved in
3881
1 activities that violated the criminal laws of the United
2 States. The grand jury issued subpoenas requiring witnesses
3 to testify in the grand jury sitting in the Southern District
4 of New York and at times to produce documents.
5 2. That if called as a witness, a person familiar
6 with the investigation being conducted would testify that in
7 1997 the grand jury was investigating, in part:
8 1. The structure, goals and operational status of Al
9 Qaeda worldwide.
10 2. Whether Al Qaeda was involved in planning
11 criminal conduct against American interests, and, if so, what
12 the targets of the criminal activity were.
13 3. The relationship between the defendant Wadih El
14 Hage and Al Qaeda, Usama Bin Laden, Abu Ubaidah al Banshiri,
15 Abu Hafs el Masry, and/or their members, and/or associates in
16 the United States and elsewhere, including the identities and
17 locations of such persons, his contact with them and his
18 knowledge of the nature of their work.
19 4. The nature of the work of various associates or
20 members of Al Qaeda.
21 5. The nature and timing of various statements,
22 public and private, of Usama Bin Laden relating to his
23 antagonism towards the United States.
24 6. Whether Usama Bin Laden or members and associates
25 of the Al Qaeda organization provided any support and training
3882
1 to the persons involved in the conflict with United States
2 troops in Somalia in 1993.
3 Paragraph 3. That if a person called as a witness
4 familiar with the investigation would testify that in 1998 the
5 grand jury was investigating, among other things, the matters
6 outlined above and additional matters as a result of events
7 that occurred subsequent to Wadih El Hage's appearance before
8 the grand jury in 1997 that included:
9 1. The February 1998 declaration issued in the names
10 of Usama Bin Laden, Ayman al Zawahiri, and others, under the
11 banner of the "International Islamic Front for Jihad on the
12 Jews and Crusaders."
13 Subsection 2. Televised statements made by Usama Bin
14 Laden in May 1998 relating to threats against the United
15 States.
16 Subsection 3. The August 7, 1998 bombings of United
17 States embassies in Nairobi, Kenya, and Dar es Salaam,
18 Tanzania.
19 Subsection 4. The meaning of certain documents
20 recovered in searches conducted in Nairobi, Kenya, in August
21 1998, including the identity and locations of persons referred
22 to in the documents and/or photographs.
23 5. The nature and extent of Mr. El Hage's contacts
24 with Al Qaeda members and associates since the time of his
25 last grand jury appearance.
3883
1 6. The nature and extent of any contacts by Mr. El
2 Hage with persons suspected of being involved in the embassy
3 bombings.
4 It is further stipulated and agreed that this
5 stipulation may be received in evidence as a government
6 exhibit at trial.
7 The government would offer Government's Exhibit 172.
8 THE COURT: Received.
9 (Government's Exhibit 172 received in evidence)
10 MR. FITZGERALD: Reading now from Government's
11 Exhibit 189, a stipulation also between the United States and
12 the defendant Wadih El Hage and his counsel. It is stipulated
13 as follows:
14 1. That if called to testify as a witness, the
15 foreperson of the grand jury before whom Wadih El Hage
16 testified in September 1997 would testify that prior to his
17 testimony Wadih El Hage was sworn to an oath to tell the
18 truth, the whole truth and nothing but the truth.
19 2. That if called to testify as a witness, the
20 foreperson of the grand jury before whom Wadih El Hage
21 testified in September 1998 would testify that prior to his
22 testimony Wadih El Hage was sworn to an oath to tell the
23 truth, the whole truth and nothing but the truth.
24 It is further stipulated and agreed that this
25 stipulation may be received in evidence as a government
3884
1 exhibit at trial.
2 The government would offer Government's Exhibit 189.
3 THE COURT: Received.
4 (Government's Exhibit 189 received in evidence)
5 MR. KARAS: At this time, if we can display
6 Government's Exhibit 1506, one of the documents found in the
7 trunk of Eidarous's car. If we could rotate that document and
8 highlight the fax header and note for the record from
9 Kandahar, K-A-N-D-A-H-A-R spelled here, telecommunication AFG,
10 phone 837655. May 17, 1998. If we could display the
11 translation, 1506-T. And reading just the title, declaration
12 NO. 2, the wounds of the Oxymas, the International Islamic
13 Front for Jihad against Jews and Crusaders. And if we could
14 go to the next page and the next page. At the bottom it reads
15 the International Islamic Front for Jihad against Jews and
16 Crusaders, 1/21/14/911, 9/17/1998.
17 Next, Government's Exhibit 1520, another document
18 found in Eidarous's car, and if we could highlight from the
19 fax header on down to the letterhead itself. The fax header,
20 03/12/97WED, 1750 fax, plus sign 974865288, Al-Jazeera, SAT
21 channel, far right 001. The letterhead Al-Jazeera satellite
22 channel.
23 Next if we could display on the left side of the
24 screen Exhibit 1517 and on the right side 1518, and if we
25 could rotate 1518 and note for the record the fax header.
3885
1 From Kandahar, telecommunication HAD phone 837655, date May
2 20, 1998. If we could pull up the translation 1518-T on the
3 full screen, and just reading the first two paragraphs.
4 (Mr. Karas read to the jury from Government's Exhibit
5 1518-T in evidence)
6 MR. KARAS: Next if we could display 1516, another
7 document found in Ibrahim Eidarous's car. And then if we
8 could display the translation, 1516T, and note, if we can just
9 highlight the dear brother Ezzat, on down to the first
10 paragraph.
11 (Mr. Karas read to the jury from Government's Exhibit
12 1516-T in evidence)
13 MR. KARAS: Next if we could display 1501A-2 from
14 Ibrahim Eidarous's Casio, and if we could highlight Ashraf,
15 355/382020265, below that 355/4223667OF. To the far right
16 Mr. Majed Mostafa, P.O. Box 7438, RR Hoxatazim 17/1,
17 Albania-Tirana.
18 Next if we could display Government's Exhibit 1528,
19 and then the translation 1528-T. For the record, this is
20 another document found in the trunk of Ibrahim Eidarous's car,
21 and just note Honorable Abu Abdallah. Then the text.
22 (Mr. Karas read from Government Exhibit 1528-T in
23 evidence)
24 MR. KARAS: Next if we could display Government's
25 Exhibit 1541, document found in Abdel Adel Bari's house, 1637,
3886
1 and just focus on the sender and sever. Sender Tariq, address
2 in Tirania, Albania, to the right receiver Abdel, 17 Dowland,
3 London, United Kingdom.
4 Next, your Honor, we would like to publish to the
5 jury what has been marked in evidence as 1558-LT, another
6 graphic presentation regarding fingerprint analysis, document
7 1558 found at 1A Beethoven Street.
8 THE COURT: Very well.
9 MR. KARAS: If we could display 1558-P, photograph of
10 1558, and if we could magnify that fax header. From the
11 Grapevine, phone number 4401713727415 on 04/1998, 10:15 p.m.,
12 P1.
13 Next if we could display the translation 1558-T. If
14 we could highlight the top on down to the first couple
15 paragraphs.
16 (Mr. Karas read from Government's Exhibit 1558-T in
17 evidence)
18 MR. KARAS: Your Honor, at this time we would read a
19 stipulation, and it is marked for identification as Exhibit
20 170.
21 THE COURT: Yes.
22 MR. KARAS: It is hereby stipulated and agreed by and
23 between the parties as follows:
24 1. If called as a witness, an employee of the
25 Department of Telecommunications within the Ministry of
3887
1 Communications in the Republic of Azerbaijan familiar with the
2 records being maintained by that company would testify that
3 the Ministry of Communications operates as the national
4 telephone company for Azerbaijan.
5 2. This employee would further testify that
6 Government's Exhibits 330A and 330B are authentic business
7 records of the Department of Telecommunications made at or
8 near the time of the acts and events recorded in them from
9 information transmitted by a person with knowledge and were
10 prepared and kept in the regular course of the business
11 activity of the Department of Communications in the Republic
12 of Azerbaijan. Insofar as the records and documents are taken
13 from a computer, the computer equipment used was at all
14 material times operating properly and used in the regular
15 course of the business of the department of communications,
16 and there are no reasonable grounds for believing that any
17 record or document attached thereto is inaccurate because of
18 improper use of the computer. Specifically, Government's
19 Exhibit 330A reflects certain operator-assisted international
20 outgoing calls from the Department of Telecommunications from
21 local telephone numbers in Baku, Azerbaijan, that call
22 telephone numbers in the United Kingdom on August 6 and 7,
23 1998.
24 Skipping down I will read the remainder of the
25 paragraphs when we pull the documents up. Government's
3888
1 Exhibit 330B is an additional record of outgoing calls from
2 Azerbaijan to the United Kingdom on August 7, 1998.
3 Skipping down, if called as a witness, a person
4 fluent in both the Russian and English languages would testify
5 that Government's Exhibit 330A-T is a fair and accurate
6 translation of the Russian portions of Government's Exhibit
7 330A.
8 Your Honor, at this time we offer Exhibit 170 and
9 330A, 330B and 330A-T.
10 THE COURT: Received.
11 (Government's Exhibits 170, 330A, 330B and 330A-T
12 received in evidence)
13 MR. KARAS: If we could display 330A on the Elmo, and
14 looking at the second set of numbers, reading across, and I
15 will read from the stipulation, third paragraph. In order of
16 the columns listed on these records, the first column reflects
17 the local number from which the call was placed. For the
18 record, the second number down is 681077. The third number is
19 688048.
20 Reading from the stipulation: The second column
21 reflects the city code for the local operator. The third
22 column reflects the number called in the United Kingdom. The
23 fourth and fifth columns reflect the date and local hour of
24 the call respectively. The sixth column reflects the length
25 of the call in seconds. The seventh and ninth columns reflect
3889
1 certain technical information. The eighth column listing 400
2 reflects the fact that the call was done through operator
3 assistance. The 10th column records the cost of the telephone
4 call in Azeri currency.
5 So if we could go back to the far left, reading
6 across the second row, the local number is 681077. The local
7 operator code 605. The local number in the United Kingdom
8 56657875. Next, 7 period 08, and the hour 14. And then the
9 length of the call 32 seconds. 400, the code for operator
10 assistance.
11 If you go back to the left, the third row 688048,
12 skipping over to the number in the UK, 713727415. 7.08. The
13 hour 23. The length of the call 182 seconds. Then 400, the
14 operator-assisted code.
15 Next if we could display Government's Exhibit 594-28,
16 the minutes used records from the satellite phone. If we
17 could focus on 8/6 and 8/7/98. The third call on 8/6/98,
18 reading across, call time 07:05:37, called number 682505331,
19 the number called 0099412688048. Call length 2.7 minutes.
20 Skipping two down, 8/6/98, 18:27:35. 682505331. The
21 number called 0099412688048.
22 Then, the next column, 8/7/98, 06:14:45, time of
23 call. The calling number 682050331, number called
24 0099412688048. For the record calls on the same number as
25 16/17/24 and 62123. Next if we could display the calls from
3890
1 8/8/98. Reading across, 08:24:50, calling number 682505331,
2 the number called 0099412688048. The same number is called
3 again on the 8th at 153628 and 153926.
4 If we could display Government's Exhibit 98, which is
5 the calling codes for countries, if we could highlight
6 Azerbaijan for the record, Azerbaijan, 994.
7 Next if we could display Government's Exhibit
8 1557B-P, one of the documents found at 1A Beethoven Street,
9 and if we could highlight, or magnify the fax header, and just
10 reading, there is some text on the left, reading across phone
11 NO period two plus signs, 440171, 3727415, AUG period 041998,
12 10:15P, and the next number is faded.
13 Next if we could display on the left side of the
14 screen Government's Exhibit 1576A, and on the right side of
15 the screen Government's Exhibit 1576B. On the left side 1576A
16 green folder written in handwriting Grapevine faxes in, and
17 the label reads the Grapevine fax, 01713727415. If we could
18 highlight on the right side of the screen the header on 1576B.
19 From, and there are a series of zeros, phone NO period, a
20 series of zeros, AUG period 71998, zero for colon 45 a.m. P1.
21 Next if we could display 1557C-P. Your Honor, at
22 this time we wish to publish what has been marked 1557-LP,
23 another graphic fingerprint presentation from the official
24 from Scotland Yard.
25 THE COURT: Very well.
3891
1 MR. KARAS: And if we could magnify the fax header on
2 that document. Again, a series of zeros on the left, phone NO
3 period, a series of zeros, AUG7, 1998, 0454 a.m., P1. If we
4 could call up 1557D-P. If we could magnify the header. Again
5 a series of zeros on the left and after phone number, AUG
6 period 7, '91998, 0456 p.m., P3. Finally, 1557E-P, and if we
7 can magnify the header. A series of marks and a phone number,
8 then a series of marks and then 045 -- we will let it speak
9 for itself.
10 Next, if on the left side we could display 1557C-P
11 and on the right side of the screen if we could display
12 Exhibit 1527, document found in the trunk of Mr. Eidarous's
13 car, and if we could on the left highlight Mr. G-O-R-G and on
14 the right highlight to Mr. Amin, and on the right if we could
15 display 1502, another document found in Eidarous's car. If we
16 could highlight the handwriting on the top there, for the
17 record, Mr. Noor, N-O-O-R. If on the left we could display
18 the whole document, 1557C-P, and on the right if we could
19 display 1509, one of the documents found in Ibrahim Eidarous's
20 car. If we could magnify the striation mark on the lower
21 right of 1557C-P, and if we could do the same with the
22 document on the right, 1509.
23 Next, your Honor, we would like to publish the last
24 of the graphic fingerprint presentations marked as 1,500-LP,
25 which is an address book found in Ibrahim Eidarous's house.
3892
1 THE COURT: Very well.
2 MR. KARAS: And if we could display on the left
3 Exhibit 1500-T4, a translation of one of the pages, and if we
4 could highlight -- that's fine. The first line Um, U-M,
5 B-A-H-A-A in parentheses, Jihad el Masry, the Egyptian, and if
6 we could highlight the footnote down at the bottom, for the
7 record, Um equals mother of. Next if we could on the left
8 display 1500P-T, and if we could highlight from Al-Jazeera
9 down to Associated Press Dubai, and on the right if we could
10 display what is marked in evidence as 1577-1, the call log for
11 12 Formosa Street, and if we could magnify the account number
12 down to the telephone number that is listed at the top left
13 there. For the record, 01712891279. If on the left we could
14 display 1575-G, which for the record is one of the photographs
15 taken of 12 Formosa Street. If we could magnify one of the
16 signs that is depicted in the picture. For the record, the
17 sign in the doorway reads fax service, 071 289 1279.
18 On the left if we could redisplay 1500-T6, on the
19 right if we could display the second page of 1577. If we
20 could once again magnify from the left Al-Jazeera down to
21 Associated Press, Dubai. On the right if we could magnify
22 from the middle, United Arab Emirates entry down to Paris.
23 Reading the first entry from the address book 1,500-26
24 Al-Jazeera, the number listed 974864309 fax. If we could
25 slide down, the next number reads 865, 288. Reading from the
3893
1 first line of the magnified portion of the 1577, the call log
2 report -- excuse me, second line -- United Arab Emirates, the
3 date 8 Aug. '98, 12:15 and 2:14, which I believe is the point
4 of the call. If we could slide -- reading from the address
5 book, Radio France, the number there listed, 331-4230-1136.
6 Reading from the call log, Paris (0033) and the number called
7 142301136. 8 Aug 12/18, 2:10. Finally the last listing in
8 the magnified portion of the address book, Associated Press of
9 Dubai, 9714-431-1796. And the first of the three listed in
10 the call log, United Arab Emirates 009714311796 8 Aug call
11 time 12:11, call length 2:25.
12 Next if on the left side of the screen we could
13 display 1557, C-T, one of the documents found at 1A Beethoven
14 Street. On the right side if we could display 1580A, one of
15 the documents recovered in France. On the left if we could
16 display 1557A-P, and on the right 1580-B, again, one of the
17 documents recovered in France. On the left if we could
18 display 1557D-P and on the right, 1580-C. If on the left we
19 could display 1557C-T -- actually, 1557E-T. If on the right
20 we could display Exhibit 93-T, fatwah published in Al-Qud,
21 93-T2. And if we could magnify on the right the paragraph,
22 the first three lines of the paragraph beginning with ruling
23 to kill. If we could magnify -- correct.
24 (Continued on next page)
25
3894
1 MR. KARAS: Reading from the translation of the
2 fatwah: "The ruling to kill the Americans and their allies,
3 civilians and military, is an individual duty for every Muslim
4 who can do it in any country in which it is possible to do it
5 in order to liberate the Al-Aqsa Mosque and the holy mosque
6 (Mecca) from their grip."
7 And then reading from the top of the magnified top of
8 the document, 1557E-T, "The Holy Ka'ba Operation." And if we
9 could display on the left, 1557D-T, if we could highlight or
10 magnify. For the record, that reads "Al-Aqsa Mosque
11 Operation."
12 If we could display on the full screen the
13 translation from 1580A, 1580A-T, and if we could highlight the
14 first couple paragraphs on down.
15 (Government Exhibit 1580A-T read)
16 MR. KARAS: Next, if we could display 1580B-T. If we
17 could magnify the first couple of paragraphs: "In the name of
18 God, the most compassionate, the most merciful. The Islamic
19 Army for the Liberation of the Holy Places. Declaration
20 Number (3)."
21 Why don't we do 1580C-T, read from the title, "The
22 Islamic Army for the Liberation of the Holy Places.
23 Declaration Number (2)."
24 (Government Exhibit 1580C-T read)
25 MR. KARAS: And now if we could display 1580B-T.
3895
1 (Government Exhibit 1580B-T read)
2 MR. FITZGERALD: That's it, Judge, for today. That
3 concludes the week.
4 THE COURT: That concludes the week.
5 Ladies and gentlemen, that concludes the week. So I
6 have a few messages for you: First and foremost is to have a
7 happy holiday and to stay well. And it's going to be very
8 tempting with this recess to want to discuss the case with
9 your friends and your co-workers and so on, and I just urge
10 that you resist that temptation, that you continue to refrain
11 from reading or listening to anything remotely connected with
12 the case, and we're adjourned, then, until April 16th. Have a
13 good holiday.
14 (Jury not present)
15 THE COURT: I believe our next scheduled event is
16 April 12th at 3:00. I am available between now and then.
17 The Somalia stipulation which I hear about daily, if
18 it is not resolved by the 12th, we'll take it up on the 12th.
19 If it's not taken up and resolved by the 12th, then it will
20 not be the basis for any application for delay of the
21 evidence.
22 Is there anything else? I wish you all a good
23 holiday. You may feel that I am not giving you much time to
24 enjoy the holiday, but that's the nature of being
25 (Adjourned to April 12th, 2001, at 3:00 p.m.)
3896
1
2 INDEX OF EXAMINATION
3 Witness D X RD RX
4 MICHAEL ANTICEV.........3810 3812 3814
5 JOHN C. SCARBECK........3817 3821
6 GORDON M. SNOW..........3827
7 JOHN FOLEY..............3834 3836
8 ABIGAIL SEDA............3837 3844 3861 3863
9 3864
10 GOVERNMENT EXHIBITS
11 Exhibit No. Received
12 183, 320A and 320B .........................3806
13 45 and 94 ..................................3807
14 185 ........................................3808
15 187 ........................................3808
16 152 and 450 ................................3809
17 182 and 948 ................................3810
18 186 ........................................3816
19 184, 369 and 369T ..........................3825
20 188 and 362 ................................3826
21 660 ........................................3839
22 1645 .......................................3839
23 594C .......................................3841
24 48 and 321 .................................3842
25 245 and 246 ................................3868
3897
1 39-R .......................................3879
2 545R-T .....................................3880
3 172 ........................................3883
4 189 ........................................3884
5 170, 330A, 330B and 330A-T .................3888
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