T1 B26 Patrick Fitzgerald Fdr- Brief- Bio- Press Reports and Testimony- 1st Pgs for Reference 619

8/14/2019 T1 B26 Patrick Fitzgerald Fdr- Brief- Bio- Press Reports and Testimony- 1st Pgs for Reference 619

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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 thearmories, he recounted, had shown that they were some-times used for flea markets, suggesting that a strikewould 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 contactsin 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 buildingthat 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; GX32IT at 54.

* See also GX 306T at 19 (Siddig Ali asserting thatthe United Nations is the instrument through which the

world is governed by man-made rule rather than God'slaw), 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 Statesand all the world a lesson).



3 Seek Retrial in Bom bing of Em bassies Page 1 of 1

AMERICA

January 23, 2004

3 Seek Retrial in Bombing of EmbassiesBy BENJAMIN WEISER

L awyers for three terrorists convicted in the 1998 embassy bombings conspiracy case have asked afederal jud ge in M anhattan for a new trial, citing jur y irregularities and other in form ation that they

contend could have affected the verdicts.

The lawyers cited a newsp aper report stating that one juro r conducted her ow n legal research on theInternet, and that two others consulted their pastors about the death penalty. The jurors also learned thatthe 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 Courtin a document made public for the first time yesterday. An original version was secretly filed severalmonths 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 toextract information from one imprisoned defendant, Wadih El-Hage.

The lawyers say prosecutors also failed to turn over 647 pages of transcripts of recorded interviews w itha crucial prosecution witness, Jamal Ahmed Al-Fadl. Prosecutors have said the recordings were made

without their knowledge by the United States Marshals Service, and w ere not discovered until aftertrial. 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 inthe bombings of two Am erican Em bassies in Africa. All four terrorists received life sentences.

The jury irregularities w ere first detailed in The New Y ork Times last year, in an article based oninterviews with 9 of the 12 jurors w ho sat anonymously in the six-month trial. Another article describedthe use of the jailhouse inform ant, Scott L ee Martin, an armed robber w ho is also suspected of being amember of a white supremacist group.

All four terrorists appealed their convictions, but one, Khalfan Khamis Mohamed, has since asked to

withdraw his appeal, and w ill 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: 31276 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 PATRICKFITZGERALD, UNITED STATES ATTORNEY, NORTHERN DISTRICT OF ILLINOIS PAULMCNULTY, UNITED STATES ATTORNEY, EASTERN DISTRICT OF VIRGINIA

SPEAKERS:U.S. SENATOR ORRIN G. HATCH (R-UT)CHAIRMANU.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 MEMBERU.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 ofJudiciary Committee hearings that Senator Leahy and I, and others on this committee, are organizing toexamine 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 intelligenceinvestigation. 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 thesame case, was broken. And what the Patriot Act did was to shatter that dysfunctional wall thatprevented us from doing our jobs.

Let me give you a concrete example of how that came into play involving a person named AliMohammad. 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 wasquickly 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 inCalifornia. He had become a U.S. citizen after serving in the American army from 1986 to 1989. Weknew* 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 ourinvestigation.

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 wearrest him, or do we let him go? We had to make that decision without knowing what was on the otherside of the wall. We didn't know what evidence we would have from the intelligence investigation. Andas we sat and made that decision, we got lucky. We decided to arrest him that night and not let him leavethe 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 intelligenceinvestigation 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 havemade 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 terrorismtechniquesTjnllHeirigence and counter-mtelligerice ted^ju^s7'HFrfaiLriec[BJn LadenTAymanlFJZawahiri, tnlfnumbe£jwoJJMoJ^^ military commander, and many others.

SEN. HATCH: That's Ali Sheikh Mohammad?

MR. FITZGERALD: Ali - this is Ali Mohammad -- hismiddle 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 Nairobiback 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 becausewe had not seen what was on the other side of that wall, instead of being in that jail, Ali Mohammadcould 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 9/11,1bang my head against my desk and say it was too late. For 10 years we worked underthis 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

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Fitzgerald recommends Patrick J Page 1 of 2

PATRICK J. FITZGERALD

U.S. AttorneyNorthern District of Illinois

Senator Fitzgerald announced his recomm endation of Patrick Fitzgerald (no relation) on May 13, 2001. Mr.Fitzgerald w as confirm ed as U.S. Attorney for the N orthern District of Illinois on October 24, 2001, and currentlyserves 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 C ommittee OK s Patrick Fitzgerald for U.S. Attorney; Next step is confirmation by full Senate

August 30, 2001

Sen. Fitzgerald acknowledges Patrick Fitzgerald's appointm ent as Interim U.S. Attorney

May 13, 2001

Sen. Fitzgerald to recom me nd Northe rn 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 theOffice of the United States Attorney for the Southern District of New York. Fitzgerald is a native of Brooklyn, NewYork, the son of Irish immigrants.

Fitzgerald attended parochial schools, including Regis High School, where he was awarde d a full scholarship. Heearned his B.A. from Am herst College in economics and mathe matics in 1982. He worked his way through college

as a janitor and a doorma n during the summers and held a variety of on-campus jobs during the academic year.He received several academic scholarships at Amhe rst and was elected to Phi Beta K appa and received a JohnWoodruff Simpson Fellowship in Law at graduation. In 1985, he gra duate d from Harva rd Law School, whe re hetaught 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 (nowSalans, Herzfeld, Christy & Viener), where he represented individuals an d corporations in civil litigation from1985 until 1988.

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

In 1993, Fitzgerald and another lawyer prosecuted Joh n Gam bino, a capo of the Ga mbino Crime Family and threeother members of the Gam bino Crime Family crew for mu rder, racketeering, gambling, narcotics trafficking, loan-sharking, and bid-rigging. The defen dants w ere ultimately convicted of a variety of racketeering charges, includingmurd er. For his work on the case, the Justice Dep artment h onored Fitzgerald with its Director's Aw ard forSuperior Performance.

From January through June 1994, Fitzgerald was Chief of the Narcotics Unit of the Office of the United StatesAttorney for the Southern District of New York. In June of 1994, he became counsel in the prosecution of OmarAbdel Rahman and 11 other defendants, who were accused of a seditious conspiracy involving the bombing of theWorld Trade C enter and a plot to bomb the United Nations, the FB I Building in New York, the Lincoln and

http ://fitzgerald. senate.gov/usattorney/patfitzgerald.htm 1 /20/2004



Patrick]. Fitzgerald

MONICA DAVEY

Dec. 30 — For somewondered whether Pat-

the United Stateshere, would really be a§

as had been rumoredwhen he arrived a fe wyears ago from NewYork, the answer camethis month.

Mr. Fitzgerald an-

he was prosecuting theformer governor,

in a scandal that hadaround long before Mr.

got here and which manywould never touch thepoliticians in Illinois,

. Fitzgerald was, a weekticking off the de-

91-page indictment againstseemingly from memory,

Mr. Fitzgerald's for-in thecourtroom say,

whoattention with

of a

r governor.

Fitzgerald: dogged, dispas-endlessly prepared.

let anything go," saidwho represented

authoritiescrime family captain, in a

uted by Mr. Fitzgerald,it out for about three

duking ses-

me put it to you this way: Ifcroft wanted' an y favors onhe went to the wrong guy.is tough."

recuse himself from an in-into who gave the name

ral Intelligence Agency offi-newspaper columnist, Mr.

was appointed on Tues-the investigation. An-

the assignment in Washing-B. Comey, the United

attorney general and aformer colleague of Mr.

described him as "Elioti a Harvard law degree and

humor."

i M. Karas, a co-chief of theunit in the United States

s office in Manhattan wh owith Mr. Fitzgerald fo r

T FORGET THE NEEDIEST!

many years, put it this way: "Hisbrain is like a mainframe comput-er."

Mr. Fitzgerald, 43, was born inBrooklyn, the son of Irish immi-grants. Hegraduated from AmherstCollege, then went on to HarvardLaw School. He spent 13years as anassistant United States attorney inthe Southern District of New York,where, he established himself as a

prosecutor of cases involving terror-i s m .

In the mid-1990's, he helped pros-ecute a case against Sheik OmarAbdel Rahman, an Egyptian cleric,and others accused in a conspiracyto bomb the World Trade Center andin a series of other plots involving theUnited Nations, the F.B.I, building inNe w York and the Holland and Lin-coln tunnels.

In 2001, he successfully tried fourdefendants in connection with the

1998 bombings of United States Em-bassies in Nairobi, Kenya, and Dar

Es Salaam, Tanzania. Hehelped lead

a criminal investigation into Osamabin Laden and his terror network, AlQaeda, which led to indictmentsagainst Mr. bin Laden, whose where-abouts are unknown.

So much time spent dealing withsecret matters of national security,his former colleagues said, shouldprepare him well for the intricaciesof the C.I.A. case now before him.

"In the course of all of our work,

we dealt with intelligence agenciesand very sensitive information,"said Mary Jo White, the former topfederal prosecutor in Manhattan

with whom Mr. Fitzgerald worked

for a decade. "He will not let protocolstand in the way of doing what heneeds to do and yet he will do it withall the skills of diplomacy you couldhope fo r from anybody."

Mr. Fitzgerald's arrival in Chi-cago in 2001was controversial. Fordecades, the UnitedStates attorney'sjob here had gone to someone withroots in Illinois, but Senator Peter G.Fitzgerald, a Republican, pushed forthe appointment of Patrick Fitzger-ald, who had no ties here and is norelation to the senator.

That irked some politicians whohad their own local lawyers in mindfor the job and who did not seem tocare for the notion of a NewYorkerstepping in to the top federal lawenforcement post in the area.

A s United States attorney for theNorthern District of Illinois, Mr.Fitzgerald manages 300 people, in-cluding 149 assistant United Statesattorneys. He will continue in thatrole, even as he carries out the inves-tigation into the C.I .A. leak, accord-

A s s o c i a t e d P r e s s

Patrick J. Fitgerald wiH continue his duties in Chicago as he leads an

inquiry into the leaking of a C.I.A. officer's name to a columnist.

PROFILE

Patrick J.FitzgeraldBORN: Dec. 22,1960HOMETOWN: BrooklynEDUCATION: Regis HighSchool(1978); Amherst College, B.A.(1982); H arvard Law School, J.D.(1985)C A R E E R HIGHLIGHTS: Associatehandling civil litigation at C hristy& V iener, now Salans, Hertzfeld,Heilbronn, Christy & Viener, NewYork, 1985-1988;assistant

United States attorney for theSouthern Districtof New York,

1988-2001, including stints aschief of its narcotics unit, national

security coordinator and chief of

the O rganized Crime-Terrorism

Unit; United States attorney for

the^Northern District of Illinois,

200f to present.FAMILY: Single

ing to a news release issued by hisoffice late Tuesday.

Through a spokeswoman, Mr. Fitz-gerald declined to be interviewed forthis article. Instead, the office issuedthe four-sentence release. "Mr. Fitz-gerald will become engaged on the

matter immediately," the releasesaid. "Consistent with the usualpractice concerning investigations,Mr. Fitzgerald does not intend to

comment any further."David N. Kelley, a former col-

league of Mr. Fitzgerald's who wasrecently appointed interim United

States attorney for the Southern Dis-trict of Ne w York, said Mr. Fitzger-ald always seemed to view himselfas "an independent prosecutor" ofany case he approached —whateverthe politics, whatever the players.When he registered to vote in New

York in 1988, he chose "nonpartisan"as his party affiliation, state recordsshow. Many former colleagues saidthey were unsure what Mr. Fitzger-

ald's-political leanings are. "Thefacts will lead us where they lead us

— I think he probably wrote that

line," Mr.Kelley said.

But Frederick H. Conn, a lawyerwho represented a defendant in theembassy bombings case against Mr.

Fitzgerald, wondered whether any-one who worked within the JusticeDepartment could truly divorce him-

self from the subtle pressures thatmight come along in a case like this.

"He is a buHdog," Mr. Conn said."If anybody from inside the JusticeDepartment has to do it, he'll be asgood as anybody. That said, it wouldbe my feeling that it should have

been someone from outside."



Federal Document Clearing House Congressional Testimony October 21, 2003 Tuesday Page 1 of 3

Federal Document C learing House Congressional Testimony October 21, 2003 Tuesday

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

Federal Document Clearing H ouse Congressional Testimony

October 21, 2003 Tuesday

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

SECTION: CA PITOL HILL HEA RING TESTIMONY

LENGTH: 2054 words

COMMITTEE: HOUSE JUDICIARY

HEADLINE: EFFORTS TO PREVENT TERRORISM IN THE UNITED STATES

TESTIMONY-BY: PATRICK FITZGERALD, UN ITED STATES ATTORNEY

AFFILIATION: NORTHE RN DISTRICT OF ILLINOIS

BODY:Statement of The H onorable Patrick Fitzgerald United States Attorney Northern District of Illinois

Committee on tfessi?"Judiciary

October 21 ,200̂ "

Mr. Chairman, members of the Comm ittee, thank you for asking us here today. I very much lookforward to this opportunity to discuss with you the efforts of the United States Attorney's Offices in theinvestigation and prosecution of terrorists, and particularly how those efforts have changed since thepassage of the post-9/11 anti-terrorism tools.

You have heard my colleague Chris Wray describe "the wall" that was perceived to separate criminaland intelligence investigators that ended with passage of the Patriot Act. The end of "the wall" was longoverdue and was the single greatest change that could be made to protect our country. As a prosecutorwho 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 tocomprehend the bizarre and dangerous implications that "the wall" caused without reviewing a fewexamples. While m ost of the investigations conducted when the wall was in place remain secret, a fewmatters have become public. I was on a prosecution team in New Y ork that began a criminalinvestigation of Usama Bin Laden in early 1996. The team - prosecutors and FBI agents assigned to the

criminal case - had access to a num ber of sources. We could talk to citizens. W e could talk to localpolice officers. We could talk to other U.S. Government agencies. We could talk to foreign policeofficers. Even foreign intelligence personnel. And foreign citizens. And w e did all those things as oftenas we could. W e could even talk to al Qaeda members - and we did. We actually called several membersand associates of al Qaeda to testify before a grand jury in New York. And we even debriefed al Qaedamembers overseas who agreed to become cooperating w itnesses.

But there was one group of people we were not permitted to talk to. W ho? The FB I agents across thestreet from us in lower Manhattan assigned to a parallel intelligence investigation of Usama Bin Ladenand al Qaeda. We could not learn w hat information they had gathered. That was "the wall." A rule that afederal court has since agreed was fundamentally flawed - and dangerous.

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Testimony Page 1 of 5

TestimonyUnited States Senate Committeeon the Judiciary

Protecting Our National Security from Terrorist Attacks: A Review of Criminal TerrorismInvestigations and Prosecutions.

October 21,2003

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

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

xj OxO1

STATEMENT OF

HRJSTOPHER A. WPvAYASSISTANT 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 ableto 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 discusslow the anti-terrorism tools, overwhelmingly passed by the Congress, have been crucial to thoseefforts, and particularly how they have helped prosecutors and agents on the "front lines" of the war onterrorism.

W e have enjoyed key successes: Since the attacks of September 11th, we have charged 284 defendantsas 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 theTaliban 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 beenworking closely with us to investigate andprosecute a number of major cases; for example, our

cooperation with German prosecutors assisted in the conviction of Mounir el Motassadeq in Germanyfor 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 orkilled. We are dismantling the terrorist financial network: $133 million in assets have been frozen in660 accounts around the world, and investigations of terrorist financing have led to 27 convictions orguilty pleas to date. Our manpower has increased dramatically: Over 1,000 new and redirected FBIagents have been dedicated to counterterrorism and counter-intelligence, and positions for 250 newAssistant U.S. Attorneys have been authorized. And, thankfully, we have so far not seen another majorattack on American soil since September 11,2001, though we are all aware that our enemies continueto 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

1

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PLEA

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

-x

UNITED STATES OF AMERICA,

V.

ALI MOHAMED,

Defendants.

-x

Before:

HON. LEONARD B. SAND,

S(7) 98 Cr. 1023 (LBS)

New York, N.Y.

October 20, 2000

District Judge

APPEARANCES

MARY JO WHITE

United States Attorney for the

Southern District of New York

BY: PATRICK J. FITZGERALD,

KENNETH M. KARAS,

MICHAEL GARCIA,

ANDREW c. MCCARTHY,PAUL BUTLER,

Assistant United States Attorneys

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December 20, 2002 10:23 a.m. EST

PAGE ONE

December 20, 2002Friend 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 ofYemen'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 wouldshortly 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 becamean 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 desertregion 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. binLaden's ancestral homeland-and other hotbeds ofIslamist 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 arefuzzy.

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

Documents

T1 B26 Patrick Fitzgerald Fdr- Brief- Bio- Press Reports and Testimony- 1st Pgs for Reference 619