You are on page 1of 10

Also on May 7, Siddig Ali announced his new target: the

United Nations complex rather than one of the armories
would be attacked. GX 301T at 21, 25. Investigation of the
armories, he recounted, had shown that they were some-
times used for flea markets, suggesting that a strike
would not do much to destroy U.S. munitions. Id. at 22,
31-32. The United Nations, on the other hand, was a
prime tool through which the United States operated a
"new government which rules the world" and executed
resolutions oppressive to Muslims everywhere. Id. at 22,
26.* Moreover, Siddig Ali explained that he had contacts
in the Sudanese government mission who would help
them obtain the credentials necessary to drive a vehicle
laden with explosives into the complex without detection.
GX 301T at 22-24, 26-27, 55-57; see also Tr. 5372; GX
307T at 20-23; GX 346T at 33. To avoid mentioning the
words "United Nations," Siddig AH admonished that the
target would henceforth be called "the big house" -- a term
that would distinguish it from the "little (or small) house"
-- the codeword applied to the safehouse for bomb building
that was also contemplated. GX 301T at 18-19, 32, 39-40,
57, 61. It was also agreed that the word hadduta (Arabic
for fairy tale) would be the code word for "bomb." Tr. 5370;
GX 30IT at 2-3.

writing might be compromised if the prison meeting were
videotaped. GX 307T at 18-19; GX 32 IT at 54.
* See also GX 306T at 19 (Siddig Ali asserting that
the United Nations is the instrument through which the
world is governed by man-made rule rather than God's
law), and at 20-21 (equating bombing the United Nations
with killing "the leadership of the infidels"); GX 307T at 6-
7 (claiming that the United States was planning to invade
Sudan and used the United Nations Security Council to
condemn Sudan), and at 12 (observing that a strike
against the United Nations would teach the United States
and all the world a lesson).
3 Seek Retrial in Bombing of Embassies Page 1 of 1

AMERICA

January 23, 2004

3 Seek Retrial in Bombing of Embassies
By BENJAMIN WEISER

L awyers for three terrorists convicted in the 1998 embassy bombings conspiracy case have asked a
federal judge in Manhattan for a new trial, citing jury irregularities and other information that they
contend could have affected the verdicts.

The lawyers cited a newspaper report stating that one juror conducted her own legal research on the
Internet, and that two others consulted their pastors about the death penalty. The jurors also learned that
the defendants were shackled during the trial, a fact the court tried to conceal with a cloth to preserve
the presumption of innocence.

The lawyers made their request for a new trial to Judge Kevin Thomas Duffy of Federal District Court
in a document made public for the first time yesterday. An original version was secretly filed several
months ago, but portions were deleted from it before it could be released.

In the filing, the lawyers also claimed the government had wrongfully used a jailhouse informant to
extract information from one imprisoned defendant, Wadih El-Hage.

The lawyers say prosecutors also failed to turn over 647 pages of transcripts of recorded interviews with
a crucial prosecution witness, Jamal Ahmed Al-Fadl. Prosecutors have said the recordings were made
without their knowledge by the United States Marshals Service, and were not discovered until after
trial. The government had no comment and is expected to respond in court.

Mr. El-Hage and three co-defendants were convicted in 2001 of conspiring with Osama bin Laden in
the bombings of two American Embassies in Africa. All four terrorists received life sentences.

The jury irregularities were first detailed in The New York Times last year, in an article based on
interviews with 9 of the 12 jurors who sat anonymously in the six-month trial. Another article described
the use of the jailhouse informant, Scott Lee Martin, an armed robber who is also suspected of being a
member of a white supremacist group.

All four terrorists appealed their convictions, but one, Khalfan Khamis Mohamed, has since asked to
withdraw his appeal, and will also not seek a new trial, his lawyers said.

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Federal News Service October 21, 2003 Tuesday Page 1 of 51

Federal News Service October 21, 2003 Tuesday

Copyright 2003 Federal News Service, Inc.
Federal News Service

October 21, 2003 Tuesday

SECTION: CAPITOL HILL HEARING
LENGTH: 3 1276 words
HEADLINE: HEARING OF THE SENATE COMMITTEE ON THE JUDICIARY
SUBJECT: CRIMINAL TERRORISM INVESTIGATIONS AND PROSECUTIONS
LOCATION: 226 DIRKSEN SENATE OFFICE BUILDING, WASHINGTON, D.C.

WITNESSES: CHRISTOPHER WRAY, CHIEF OF THE CRIMINAL DIVISION, DOJ PATRICK
FITZGERALD, UNITED STATES ATTORNEY, NORTHERN DISTRICT OF ILLINOIS PAUL
MCNULTY, UNITED STATES ATTORNEY, EASTERN DISTRICT OF VIRGINIA

SPEAKERS:
U.S. SENATOR ORRIN G. HATCH (R-UT)
CHAIRMAN
U.S. SENATOR CHARLES E. GRASSLEY (R-IA)
U.S. SENATOR ARLEN SPECTER (R-PA)
U.S. SENATOR JON KYL (R-AZ)
U.S. SENATOR MIKE DEWINE (R-OH)
U.S. SENATOR JEFF SESSIONS (R-AL)
U.S. SENATOR LINDSEY O. GRAHAM (R-SC)
U.S. SENATOR LARRY CRAIG (R-ID)
U.S. SENATOR SAXBY CHAMBLISS (R-GA)
U.S. SENATOR JOHN CORNYN (R-TX)
U.S. SENATOR PATRICK J. LEAHY (D-VT)
RANKING MEMBER
U.S. SENATOR EDWARD M. KENNEDY (D-MA)
U.S. SENATOR JOSEPH R. BIDEN JR. (D-DE)
U.S. SENATOR HERBERT KOHL (D-WI)
U.S. SENATOR DIANNE FEINSTEIN (D-CA)
U.S. SENATOR RUSSELL D. FEINGOLD (D-WI)
U.S. SENATOR CHARLES E. SCHUMER (D-NY)
U.S. SENATOR RICHARD J. DURBIN (D-IL)
U.S. SENATOR JOHN EDWARDS (D-NC)

http://www.senate.gQ v/~judiciar^^
SEN. ORRIN HATCH (R-UT): Good morning. I want to welcome everyone to the first in a series of
Judiciary Committee hearings that Senator Leahy and I, and others on this committee, are organizing to
examine the adequacy of the federal laws designed to protect the American public against acts of
terrorism on U.S. soil.

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ederal News Service October 21, 2003 Tuesday Page 19 of 51

members who, you know, agreed to defect, and we debriefed overseas and worked with us.

It's amazing that we could talk to al Qaeda, but we had a group of people we were not allowed to talk to,
and those were the FBI agents across the street in Manhattan, working a parallel intelligence
investigation. And we knew then, and we know now, that any system that allows prosecutors to talk to
about -- just about anyone in the world, including al Qaeda, but not the FBI agents investigating the
same case, was broken. And what the Patriot Act did was to shatter that dysfunctional wall that
prevented us from doing our jobs.

Let me give you a concrete example of how that came into play involving a person named Ali
Mohammad. On August 7th, 1998, two embassies, two American embassies — one in Nairobi, Kenya,
and one in Dar es Salaam, Tanzania ~ were bombed nearly simultaneously, ten minutes apart. It was
quickly clear to us that al Qaeda was involved, and the criminal investigation team deployed to Africa,
did some investigative steps, made some arrests over there, and then returned to the United States.
At that point in time, we knew about a person named Ali Mohammad, who was a U.S. citizen living in
California. He had become a U.S. citizen after serving in the American army from 1986 to 1989. We
knew* he had links to al Qaeda, and knew the people over in Nairobi who had carried out the bombing or
hadn't left the United States effectively for about five years. He was a person of interest to our
investigation.

We subpoenaed him to a grand jury in Manhattan, brought him into the grand jury, where he lied, and he
left the building. We knew that he plans to fly to Egypt, and we had a decision to make that day ~ do we
arrest him, or do we let him go? We had to make that decision without knowing what was on the other
side of the wall. We didn't know what evidence we would have from the intelligence investigation. And
as we sat and made that decision, we got lucky. We decided to arrest him that night and not let him leave
the country.

After we made that decision, which we made with only knowing part of our hand because of the wall,
we later received the evidence that had been obtained in the intelligence channels, from the intelligence
investigation in California. And we found a search had happened, which recovered many documents,
including handwritten communications with al Qaeda members, that had we known about would have
made our decision a lot easier. Later on, as a result of our further investigation, Ali Mohammad pled
guilty, and he admitted in court that he is theone thatJaggelytrained the al Qaeda network in terrorism
techniquesTjnllHeirigence and counter-mtelligerice ted^ju^s7'HFrfaiLriec[BJn LadenTAymanlF
JZawahiri, tnlfnumbe£jwoJJMoJ^^ military commander, and many others.

SEN. HATCH: That's Ali Sheikh Mohammad?
MR. FITZGERALD: Ali - this is Ali Mohammad -- his middle name is not Sheikh, it's Ali A.
Mohammad from California.
And he trained those members. He also conducted the surveillance of the American embassy in Nairobi
back in 1993, and showed his surveillance photographs to Osama Bin Laden afterwards.

As part of his plea, he admitted that had he not been arrested in New York in September of 1998, he
intended to rejoin Osama Bin Laden overseas in Afghanistan. Had we made the wrong decision because
we had not seen what was on the other side of that wall, instead of being in that jail, Ali Mohammad
could be in a cave in Tora Bora or who knows where else — were he with Osama Bin Laden right.

And the notion right here in the public debate that the Patriot Act too quickly took down the wall in a
rush after 9/11,1 bang my head against my desk and say it was too late. For 10 years we worked under
this sort of broken system where we weren't allowed to know what each other were doing. So, I applaud
this committee for taking down the wall and allowing those cases to proceed.

I will rely upon my written record and compare now what we do post-Patriot Act. Before, when we had

http ://kinesis. swishmail. com/webmail/imp/view.php?rnismailbox=INBOX&index= 1255 &id... 10/28/03
Fitzgerald recommends Patrick J Page 1 of 2

PATRICK J. FITZGERALD
U.S. Attorney
Northern District of Illinois

Senator Fitzgerald announced his recommendation of Patrick Fitzgerald (no relation) on May 13, 2001. Mr.
Fitzgerald was confirmed as U.S. Attorney for the Northern District of Illinois on October 24, 2001, and currently
serves in that position.

Press Releases

October 24,2001
Senate confirms Patrick Fitzgerald for U.S. Attorney for the Northern District of Illinois
October 18, 2001
Senate Judiciary Committee OKs Patrick Fitzgerald for U.S. Attorney; Next step is confirmation by full Senate
August 30, 2001
Sen. Fitzgerald acknowledges Patrick Fitzgerald's appointment as Interim U.S. Attorney
May 13, 2001
Sen. Fitzgerald to recommend Northern Illinois U.S. Attorney candidate to Bush

Biography

Patrick J. Fitzgerald,* 40, previously served as Co-Chief of the Organized Crime and Terrorism Section in the
Office of the United States Attorney for the Southern District of New York. Fitzgerald is a native of Brooklyn, New
York, the son of Irish immigrants.

Fitzgerald attended parochial schools, including Regis High School, where he was awarded a full scholarship. He
earned his B.A. from Amherst College in economics and mathematics in 1982. He worked his way through college
as a janitor and a doorman during the summers and held a variety of on-campus jobs during the academic year.
He received several academic scholarships at Amherst and was elected to Phi Beta Kappa and received a John
Woodruff Simpson Fellowship in Law at graduation. In 1985, he graduated from Harvard Law School, where he
taught economics and interned in the United States Attorney's Office for the District of Massachusetts.

Upon graduating from Harvard Law School, Fitzgerald joined the New York law firm of Christy & Viener (now
Salans, Herzfeld, Christy & Viener), where he represented individuals and corporations in civil litigation from
1985 until 1988.

In 1988, Fitzgerald became an Assistant United States Attorney in the Southern District of New York. He began
his prosecutorial career by handling significant drug trafficking cases, including United States v. Munoz (nine
defendants) and prosecuting major heroin smuggling rings, United States v. Rivera and United States v. Yui
Keung Tsoi.

In 1993, Fitzgerald and another lawyer prosecuted John Gambino, a capo of the Gambino Crime Family and three
other members of the Gambino Crime Family crew for murder, racketeering, gambling, narcotics trafficking, loan-
sharking, and bid-rigging. The defendants were ultimately convicted of a variety of racketeering charges, including
murder. For his work on the case, the Justice Department honored Fitzgerald with its Director's Award for
Superior Performance.

From January through June 1994, Fitzgerald was Chief of the Narcotics Unit of the Office of the United States
Attorney for the Southern District of New York. In June of 1994, he became counsel in the prosecution of Omar
Abdel Rahman and 11 other defendants, who were accused of a seditious conspiracy involving the bombing of the
World Trade Center and a plot to bomb the United Nations, the FBI Building in New York, the Lincoln and

http ://fitzgerald. senate.gov/usattorney/patfitzgerald.htm 1 /20/2004
Patrick]. Fitzgerald
By MONICA DAVEY many years, put it this way: "His
HCAGO, Dec. 30 — For some brain is like a mainframe comput-
had still wondered whether Pat- er."
£ J. Fitzgerald, the United States Mr. Fitzgerald, 43, was born in
ey here, would really be a§ Brooklyn, the son of Irish immi-
sive as had been rumored grants. He graduated from Amherst
when he arrived a few College, then went on to Harvard
years ago from New Law School. He spent 13 years as an
line York, the answer came assistant United States attorney in
this month. the Southern District of New York,
Mr. Fitzgerald an- where, he established himself as a
1 that he was prosecuting the prosecutor of cases involving terror-
blican former governor, ism.
ge Ryan, in a scandal that had In the mid-1990's, he helped pros-
(.swirling around long before Mr. ecute a case against Sheik Omar
erald got here and which many Abdel Rahman, an Egyptian cleric,
i thought would never touch the and others accused in a conspiracy
[powerful politicians in Illinois, to bomb the World Trade Center and
ere Mr. Fitzgerald was, a week in a series of other plots involving the
t Christmas, ticking off the de- United Nations, the F.B.I, building in
'. a 91-page indictment against New York and the Holland and Lin-
Hyan, seemingly from memory, coln tunnels.
even Mr. Fitzgerald's for- In 2001, he successfully tried four
| opponents in the courtroom say, defendants in connection with the Associated Press
1998 bombings of United States Em- Patrick J. Fitgerald wiH continue his duties in Chicago as he leads an
bassies in Nairobi, Kenya, and Dar inquiry into the leaking of a C.I.A. officer's name to a columnist.
Es Salaam, Tanzania. He helped lead
prosecutor who a criminal investigation into Osama
bin Laden and his terror network, Al
led attention with Qaeda, which led to indictments PROFILE
against Mr. bin Laden, whose where-
^indictment of a abouts are unknown.
Patrick J.Fitzgerald
So much time spent dealing with
ler governor. secret matters of national security, BORN: Dec. 22,1960 United States attorney for the
his former colleagues said, should HOMETOWN: Brooklyn Southern District of New York,
prepare him well for the intricacies EDUCATION: Regis High School 1988-2001, including stints as
sic Fitzgerald: dogged, dispas- of the C.I.A. case now before him. (1978); Amherst College, B.A. chief of its narcotics unit, national
s and endlessly prepared. "In the course of all of our work,
we dealt with intelligence agencies (1982); Harvard Law School, J.D. security coordinator and chief of
', doesn't let anything go," said (1985)
: Santangelo, who represented and very sensitive information," CAREER HIGHLIGHTS: Associate the Organized Crime-Terrorism
1 Gambino, who the authorities said Mary Jo White, the former top
federal prosecutor in Manhattan handling civil litigation at Christy Unit; United States attorney for
: a crime family captain, in a with whom Mr. Fitzgerald worked & Viener, now Salans, Hertzfeld, the^Northern District of Illinois,
uted by Mr. Fitzgerald, for a decade. "He will not let protocol Heilbronn, Christy & Viener, New 200f to present.
duked it out for about three stand in the way of doing what he FAMILY: Single
land it was quite a duking ses- needs to do and yet he will do it with York, 1985-1988; assistant
t me put it to you this way: If all the skills of diplomacy you could
croft wanted' any favors on hope for from anybody."
e, he went to the wrong guy. Mr. Fitzgerald's arrival in Chi- ing to a news release issued by his York in 1988, he chose "nonpartisan"
uy is tough." cago in 2001 was controversial. For office late Tuesday. as his party affiliation, state records
Attorney General Ashcroft decades, the United States attorney's Through a spokeswoman, Mr. Fitz- show. Many former colleagues said
jj to recuse himself from an in- job here had gone to someone with gerald declined to be interviewed for they were unsure what Mr. Fitzger-
into who gave the name roots in Illinois, but Senator Peter G. this article. Instead, the office issued ald's-political leanings are. "The
ral Intelligence Agency offi- Fitzgerald, a Republican, pushed for the four-sentence release. "Mr. Fitz- facts will lead us where they lead us
a newspaper columnist, Mr. the appointment of Patrick Fitzger- gerald will become engaged on the — I think he probably wrote that
raid was appointed on Tues- ald, who had no ties here and is no matter immediately," the release line," Mr. Kelley said.
lead the investigation. An- relation to the senator. said. "Consistent with the usual But Frederick H. Conn, a lawyer
5 the assignment in Washing- That irked some politicians who practice concerning investigations, who represented a defendant in the
B. Comey, the United had their own local lawyers in mind Mr. Fitzgerald does not intend to embassy bombings case against Mr.
£ deputy attorney general and a for the job and who did not seem to comment any further." Fitzgerald, wondered whether any-
T and former colleague of Mr. care for the notion of a New Yorker David N. Kelley, a former col- one who worked within the Justice
raid's, described him as "Eliot stepping in to the top federal law league of Mr. Fitzgerald's who was Department could truly divorce him-
i a Harvard law degree and enforcement post in the area. recently appointed interim United self from the subtle pressures that
s of humor." States attorney for the Southern Dis- might come along in a case like this.
i M. Karas, a co-chief of the As United States attorney for the
trict of New York, said Mr. Fitzger- "He is a buHdog," Mr. Conn said.
sm unit in the United States Northern District of Illinois, Mr.
ald always seemed to view himself "If anybody from inside the Justice
y's office in Manhattan who cluding 149manages
Fitzgerald
assistant
300 people, in-
United States as "an independent prosecutor" of Department has to do it, he'll be as
with Mr. Fitzgerald for any case he approached — whatever good as anybody. That said, it would
attorneys. He will continue in that
role, even as he carries out the inves- the politics, whatever the players. be my feeling that it should have
>T FORGET THE NEEDIEST! tigation into the C.I .A. leak, accord- When he registered to vote in New been someone from outside."
Federal Document Clearing House Congressional Testimony October 21, 2003 Tuesday Page 1 of 3

Federal Document Clearing House Congressional Testimony October 21, 2003 Tuesday

Copyright 2003 FDCH e-Media, Inc.
(f/k/a Federal Document Clearing House, Inc.)
Federal Document Clearing House Congressional Testimony

October 21, 2003 Tuesday

http://www.senate.gov/~judiciary/testimony.cfm?id=965&wit id=2741

SECTION: CAPITOL HILL HEARING TESTIMONY
LENGTH: 2054 words
COMMITTEE: HOUSE JUDICIARY
HEADLINE: EFFORTS TO PREVENT TERRORISM IN THE UNITED STATES
TESTIMONY-BY: PATRICK FITZGERALD, UNITED STATES ATTORNEY
AFFILIATION: NORTHERN DISTRICT OF ILLINOIS
BODY:
Statement of The Honorable Patrick Fitzgerald United States Attorney Northern District of Illinois
Committee on tfessi?"Judiciary
October 21, 200^"
Mr. Chairman, members of the Committee, thank you for asking us here today. I very much look
forward to this opportunity to discuss with you the efforts of the United States Attorney's Offices in the
investigation and prosecution of terrorists, and particularly how those efforts have changed since the
passage of the post-9/11 anti-terrorism tools.
You have heard my colleague Chris Wray describe "the wall" that was perceived to separate criminal
and intelligence investigators that ended with passage of the Patriot Act. The end of "the wall" was long
overdue and was the single greatest change that could be made to protect our country. As a prosecutor
who has worked on terrorism matters for nine years now, I thank you on behalf of federal prosecutors,
FBI agents and the public for that long overdue change to make America safe. It is nearly impossible to
comprehend the bizarre and dangerous implications that "the wall" caused without reviewing a few
examples. While most of the investigations conducted when the wall was in place remain secret, a few
matters have become public. I was on a prosecution team in New York that began a criminal
investigation of Usama Bin Laden in early 1996. The team - prosecutors and FBI agents assigned to the
criminal case - had access to a number of sources. We could talk to citizens. We could talk to local
police officers. We could talk to other U.S. Government agencies. We could talk to foreign police
officers. Even foreign intelligence personnel. And foreign citizens. And we did all those things as often
as we could. We could even talk to al Qaeda members - and we did. We actually called several members
and associates of al Qaeda to testify before a grand jury in New York. And we even debriefed al Qaeda
members overseas who agreed to become cooperating witnesses.
But there was one group of people we were not permitted to talk to. Who? The FBI agents across the
street from us in lower Manhattan assigned to a parallel intelligence investigation of Usama Bin Laden
and al Qaeda. We could not learn what information they had gathered. That was "the wall." A rule that a
federal court has since agreed was fundamentally flawed - and dangerous.

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Testimony Page 1 of 5

Testimony
United States Senate Committee on the Judiciary
Protecting Our National Security from Terrorist Attacks: A Review of Criminal Terrorism
Investigations and Prosecutions.
October 21,2003

The Honorable Christopher Wray
Chief of the Criminal Division , United States Department of Justice

http://www.senate.gov/~judiciary/testimony.cfm?id=965&wit id=2740

x j OxO1

STATEMENT OF
HRJSTOPHER A. WPvAY
ASSISTANT ATTORNEY GENERAL
RIMINAL DIVISION
BEFORE THE

OMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
RESENTED ON
OCTOBER 21,2003
INTRODUCTION
VIr. Chairman, members of the Committee, thank you for asking us here today. I am pleased to be able
to discuss with you the Justice Department's efforts in the investigation and prosecution of terrorists,
and in the protection of the American people from future terrorist attacks. I am also pleased to discuss
low the anti-terrorism tools, overwhelmingly passed by the Congress, have been crucial to those
efforts, and particularly how they have helped prosecutors and agents on the "front lines" of the war on
terrorism.
We have enjoyed key successes: Since the attacks of September 11th, we have charged 284 defendants
as a result of terrorism investigations; to date, 152 have been convicted or have pled guilty. The United
States government has broken up terrorist cells in Buffalo, Charlotte, Detroit, Seattle, and Portland;
five defendants in Portland recently pled guilty to conspiring to travel to Afghanistan to fight for the
Taliban and Al Qaeda after September 11th. The communication and cooperation between government
agencies has been exceptional and continues to improve. Our friends and allies overseas have been
working closely with us to investigate and prosecute a number of major cases; for example, our
cooperation with German prosecutors assisted in the conviction of Mounir el Motassadeq in Germany
for helping the Hamburg-based Al Qaeda cell behind the September 11th attacks. Through interagency
and international cooperation, over half of Al Qaeda's leadership worldwide has been captured or
killed. We are dismantling the terrorist financial network: $133 million in assets have been frozen in
660 accounts around the world, and investigations of terrorist financing have led to 27 convictions or
guilty pleas to date. Our manpower has increased dramatically: Over 1,000 new and redirected FBI
agents have been dedicated to counterterrorism and counter-intelligence, and positions for 250 new
Assistant U.S. Attorneys have been authorized. And, thankfully, we have so far not seen another major
attack on American soil since September 11,2001, though we are all aware that our enemies continue
to plot such attacks and will not willingly give up trying to strike us at home.

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USA v. Ali Mohamed, Guilty Plea In US Embassy Bombings Page 1 of24

24 October 2000
Source: Court Reporters Office of the Southern District of New York

See related court docket: http://cryptQme.org/qaedal0200Q.htm

This transcript is from an appearance by Ali Mohamed before Judge Sand on October 20, 2000. Mr.
Mohamed is one of 17 defendants in the bombing of US Embassies in Kenya and Sudan. And now the
only one to plead guilty.

Oaklmohp
PLEA

1 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
2
-x
3
UNITED STATES OF AMERICA,
4
V. S(7) 98 Cr. 1023 (LBS)
5
ALI MOHAMED,
6
Defendants.
7
-x
8
New York, N.Y.
9 October 20, 2000

10

11
Before:
12
HON. LEONARD B. SAND,
13
District Judge
14

15

16 APPEARANCES

17 MARY JO WHITE
United States Attorney for the
18 Southern District of New York
BY: PATRICK J. FITZGERALD,
19 KENNETH M. KARAS,
MICHAEL GARCIA,
20 ANDREW c. MCCARTHY,
PAUL BUTLER,
21 Assistant United States Attorneys

http://www.politrix.org/foia/courts/usa-v-mohamed.htm 1/23/2004
December 20, 2002 10:23 a.m. EST

PAGE ONE

December 20, 2002
Friend or Foe: The Story Of a Traitor to al Qaeda Divided Allegiances in Yemen Undo
The Betrayer, Who Himself Is Betrayed

By ANDREW HIGGINS and ALAN CULLISON Staff Reporters of THE WALL STREET
JOURNAL

SANAA, Yemen — Fed up after two decades of Islamist plotting, the veteran Egyptian
militant decided to jilt the jihad. In early 1998, he walked into the heavily guarded
offices of Yemen's intelligence agency, the Political Security Organization, with a
startling proposal: He could help unravel Osama bin Laden's network.

He disclosed the hiding places in Yemen of foreign terrorists, including one who would
shortly become Mr. bin Laden's chief lieutenant. He described the extremists'
weaponry, security and violent plans for the future. He revealed the locations of al
Qaeda encampments in and around Marib, a desert region scattered with ruins of the
biblical kingdom of Sheba.

But instead of cracking down on the militants, members of Yemen's security service
tipped them off. Mr. bin Laden's acolytes grabbed their turncoat, grilled him about his
treachery and made plans to send him to Afghanistan to be killed. What should have
been a triumph in a shadowy struggle against terrorism became an intelligence coup for
the terrorists. Safe in Yemen, they went on to launch a string of attacks there, from the
bombing of the USS Cole to an assault on a French oil tanker, the Limburg, this fall.

On Nov. 3, more than four years after the warning about camps in Marib, the desert
region was targeted for a lethal assault — not by the Yemenis but by the Central
Intelligence Agency. Monitoring satellite-telephone chit-chat, the CIA tracked two
Toyotas carrying suspected al Qaeda members across the desert. An unmanned U.S.
spy plane then fired a Hellfire missile that incinerated six people, including Qaed Salim
Sinan al-Harethi, a Yemeni suspected of helping organize the Cole attack.

The missile strike blew a hole in a diplomatic facade, as well. After Sept. 11, President
Bush gave the world a simple choice: "Either you are with us or you are with the
terrorists." Yemen - Mr. bin Laden's ancestral homeland - and other hotbeds of
Islamist sentiment such as Pakistan and Saudi Arabia declared themselves "with us."
Their leaders pledged unequivocal support for the struggle against al Qaeda. But within
these nations' bureaucracies, not to mention their citizenries, the lines of loyalty are
fuzzy.

The U.S.-Yemen relationship is unusually delicate today, after the U.S. asked Spain's