Skip to comments.Hatfill v. US - DOJ and FBI Statement of Facts (filed Friday)
Posted on 04/13/2008 8:20:52 AM PDT by ZacandPook
click here to read article
I find the documents that Mr. Seikaly chose NOT to leak more interesting. His beautiful and accomplished daughter now represents Al-Timimi pro bono in connection with the sedition claim. Al-Timimi was a key “POI” of the other squad. If PhD certificate-forging Dr. Hatfill was of interest because he was close friends with William Patrick, Ali Al-Timimi was of interest because his religious mentor was Bin Laden’s sheik and he was in touch with the guy at the same time his desk was not much more than 15 feet from famed Russian bioweaponeer Ken Alibek and former USAMRIID Deputy Commander Charles Bailey. Hmmm... who is the better POI? The “bioevangelist” or the committed Salafist who has infiltrated biodefense establishment. Hm... right after 9/11 after Ayman Zawahiri promised he was going to use anthrax against US targets. That’s a toughie.
Al-Timimi was sentenced to life plus 70 years but the conviction has been set aside to permit discovery regarding alleged NSA interceptions in 2002. The defense is seeking NSA wiretaps from 2002 showing his communication with Bin Laden’s sheik leading up to his arranging for the hand-delivery of a letter to every member of Congress on the occasion of the first anniversary of the mailed anthrax to the Senators overseeing appropriations to Egypt and Israel (as well as the Department of Justice).
For example, Mr. Seikaly never leaked this document from 1999 — he never hyped this as an exclusive to NEWSWEEK. Mr. Seikaly came over from the CIA to his position at the DC United States Attorney’s Office on September 29, 2001. Ironically, he was in charge of investigating leaks of classified information at the CIA’s Inspector General’s Office.
I have uploaded most of the letter provided by the Defense Intelligence Agency to me under FOIA.
I HOPE MY LETTER WILL FIND YOU IN THE BEST OF
HEALTH AND CIRCUMSTANCES BY THE GOD ALMIGHTLY.
I SUCCESSFUL ACHIEVED THE TARGETS DURING
MY VISIT TO [REDACTED]
THE CONFERENCE [REDACTED] WAS FOUND TO BE HIGHLY BENEFICIAL
FOR OUR FUTURE WORK [REDACTED]
[ANOTHER 7 OR 8 LINES REDACTED]
[REDACTED] THE COMPLETE UNIT OF FERMENTER [REDACTED] ALONG
WITH ACCESSORIES WAS IN ITS FINAL STAGES OF ITS COMPLETION. MOREOVER, A CERTIFICATE TRAINING ON ALL THE RUNNING UNITS OF [REDACTED] BIOREACTOR WAS COMPLETED. I FINALISED ALL THE ACCESSORIES REQUIRED FOR THE SMOOTH RUNNING OF OUR BIOREACTOR. I AM SENDING YOU A FINA[L] PRICE LIST OF ITEMS TO BE SHIPPED (EXCLUDING DUTY, CLEARANCE AND AGENT CHARGES)
[SKIPPED PAGE ]
THEN I WENT TO [REDACTED] TO MEET WITH DR. [REDACTED] INCHARGE OF [REDACTED]
IN ORDER TO SEE THE FACT OF OUR DEMAND OF CULTURES. I VISITED ALONG WITH ALL THE UNITS OF [REDACTED] INCLUDING THE SPECIAL CONFIDENTIAL ROOM IN WHICH THOUSANDS OF CULTURES ARE PLACED. HE ALSO SHOWED ME THE HIGHLY ADVANCED LEVEL-3 PATHOGEN LABORATORY. HE ALSO SHOWED THE REVALENT DCUMENTS FOR THE SUPPLY OF OUR CULTURES. THE [REDACTED] HAVE CONTRACTED THE [REDACTED] REGARDING THE EXPORT LICENCE AND THEY HAVE INFORMED THEM THAT THEY ARE GOING THROUGH EXTERNAL CHECKS.
DR. [REDACTED] ALSO POINTED OUT THAT I MUST HAVE A SHORT TRAINING IN HIS LEVEL-3 LABORATORY DEALING ALL TYPES OF DANGEROUS PATHOGENS.
THEN I WENT TO [REDACTED] IN ORDER TO ACQUIRE THE SUPPLY OF DIFFERENT VACCINES AGAINST A NUMBER OF PATHOGENS. THEY HELPED ME AND GAVE ME A NUMBER OF ADDRESSES FOR CORRESPONDANCE IN ORDER TO GET VACCINES.
I GOT MY ONE YEAR [REDACTED] LEAVE SANCTION FOR POST-DOC RESEARCH IN [REDACTED] I WILL ONLY GET [REDACTED] DURING FIRST 8 MONTHS OF MY LEAVE AND AFTERWARDS WITHOUT PAY AND WITH SERVICE BREAK. THIS IS HIGHLY OBJECTIONABLE. UNAFFORDABLE AND UNPRACTICABLE WITH ME. MOREOVER THE LEAVE SHOULD BE AVAIL VERY SOON OTHERWISE STANDS CANCELED.
THE BALANCE OF TOTAL AMOUNT LEFT WITH TME IS AS FOLLOWING:
THE PAYMENT IS DUE ON THE FOLLOWING ITEMS:
I HAVE RECEIVED ITEMS FROM [REDACTED]OF
ITEMS FROM [REDACTED]
CULTURE MEDIA, AIR CONTAMINATION DETECTOR
AND NCB RESPIRATOR: [REDACTED]
With a breakthrough in Amerithrax rumored to be imminent, perps — whoever they are and whatever their motive — are stupid if they don’t flee.
Here’s an earlier handwritten document from earlier in 1999 written by the same scientist helping Ayman Zawahiri infiltrate UK biodefense. It is written on the letterhead of the society for applied microbiology”:
[Redacted] Great regards,
“(1) I think, the invitation letter from [redacted] of my visit for the purpose of [redacted ] would be under process.
(2) To expertize our project [redacted] should be involved in the transportation of items and during this period I will make the purchase. We both do not want to involve a third person in this matter.
(3) All type of documentation (all recites, quotation, correspondence) with respect to purchase would be maintained by me.
(4) Locally fabricated/manufacture equipments and glassware are available at low price with low efficienyu or durability. I think we should go for quality and buy good quality efficient foreign equipment, but at comparatively high price.
(5) So you are requested to release of [redacted] as 1st installment for the purchase of equipment of glassware.
(6) Unfortunately, I did not find the required culture of B. anthrax i.e., pathogenic. The culture availablel n [redacted] is non-pathogenic, encapsulated strain used for vaccine (for animals) production. However, I have started correspondence with [redacted] for the supply of culture.
(7) Human vaccines for the protection against anthrax are not available here. This resulted a major obstacle for the iniation of our work.
(8) Therefore, keeping in view the above circumstances, a visit to [redacted] can be arranged for 10 days in the 1st week of [redacted].* This requires at least the air ticket expenses.
For this visit, I should be informed as early as possible.
* There is a course in the 1st week of [redacted] at [ redacted]
To: Muhammed Atef
From: Ayman al-Zawahiri
Folder: Outgoing Mail
Date: April 15, 1999
I have read the majority of the book [an unnamed volume, probably on biological and chemical weapons] [It] is undoubtedly useful. It emphasizes a number of important facts, such as:
1) The enemy started thinking about these weapons before WWI. Despite their extreme danger, we only became aware of them when the enemy drew our attention to them by repeatedly expressing concerns that they can be produced simply with easily available materials.
b) The destructive power of these weapons is no less than that of nuclear weapons.
c) A germ attack is often detected days after it occurs, which raises the number of victims.
d) Defense against such weapons is very difficult, particularly if large quantities are used.
It continued: I would like to emphasize what we previously discussedthat looking for a specialist is the fastest, safest, and cheapest way [to embark on a biological- and chemical-weapons program].
Simultaneously, we should conduct a search on our own.*
** Along these lines, the book guided me to a number of references that I am attaching. Perhaps you can find someone to obtain them.
The letter has been declassified and cleared for release (and was released by West Point Combating Terrorism Center in 2006).
Your Brother Abu Abdullah Al-Kuwaiti; 1- Announcing publicly the next attack.2- Announcing publicly that we gave some groups the green light to move.3- The groups that are present in America and Europe are above suspicion. 4- We obtain our intelligence information from your government and intelligence agencies.5- The statement/letter should be directed to the American people.A- There is no animosity between us. You involved yourselves in this battle. The war is between us and the Jews. You interfered in our countries and influenced our governments to strike against the Moslems.
If the American people are ready to die as we are ready to die, then our combat groups along with our military, nuclear, and biological equipment will kill hundreds of thousands of people we dont wish to fight.
B- If you are ready to die as we are ready to die, the thousand present here in Afghanistan equals hundreds of thousands of Americans. I am pleased to inform you that the billions you spent fighting us so far have resulted in killing a small number of us. We consider them martyrs and they did not exceed (10) martyrs. We warn you that our war against you has not ended, but its effects will increase. Isnt it time to end American arrogance and begin listening to your people before you experience more devastating disasters?
Alexandria, VA, December 20, 2001 — Hadron, Inc. (OTC BB: HDRN) today publicly announced the biodefense research plans and product development strategies being pursued by its Advanced Biosystems, Inc. subsidiary. This announcement is being made in response to the high level of public interest in biowarfare research following recent anthrax attacks.
The Company has been involved in basic research in this field since May
2000, when it received its first contract award from the Defense Advanced
Research Projects Agency (DARPA). To date, Hadron Advanced Biosystems has
received $12 million in funding for medical biodefense research from DARPA, the United States Army Medical Research and Material Command and the National Institute of Health. Dr. Alibek has been a leader in the field of biowarfare agent experimentation and the treatment of diseases caused by biowarfare agents for more than 25 years.
A former leader of an armed Islamic group in Libya, Numan Bin Uthman, wrote a letter to al-Qaeda second in command Ayman al-Zawahiri telling him that Jihadi groups in Arab countries have failed and that Ayman’s plan to use WMD to deter invasion of Afghanistan and Iraq was a failed strategy:
“Dear Doctor Ayman, as I told you during a meeting in Kandahar [in Afghanistan] in 2000, the experience of the Jihadi groups in Arab countries is failed and despite our appeals, the armed groups are divided and will not unite.”
“I ask you and whoever is behind you to review the way you behave because the Jihadi groups are acting very badly towards those who think differently from the way they do.”
“I ask you to stop the armed operations in the Arab countries, to guarantee the security of Muslims and to retract your threats toward the West, to take away from them the terrorism card used by some Western governments to hate Islam and Muslims.” .
“Only in this way, will it be possible to rebuild ties with other Sunni guerilla groups.”
Uthman reports that he had taken part in an important al-Qaeda summit in Kandahar, Afghanistan in 2000, in which al-Qaeda leader Osama bin Laden had defined search for and use of weapons of mass destruction as a “Sharia obligation”.
“During this occasion, I had a strong dispute with the martyr Abu Hafs al-Kumandan, because he was heavily involved in acquiring weapons of mass destruction.” [Abu Hafs aka Atef was the former Cairo police sergeant who Ayman wrote the above memo to about his anthrax planning; the anthrax was sent from 4th Grade, Greendale School. 4th Grade is code for sergeant; Greendale School is code for the Egyptian Islamic Jihad; Ayman used “school” as code for EIJ in May 2001 correspondence to long-time followers explaining the merger with Al Qaeda]
“He wanted to use these weapons to dissuade the United State from attacking Afghanistan. And yet I knew that al-Qaeda did not have any strategic vision and would have used the weapons to kill indistriminately and not to dissuade”.
“After seven years since that meeting, my convictions on these issues have only grown stronger.”
“At that time I said that provoking the United States would turn them against the Taliban and by striking the country in an unconventional way would bring occupation to the entire Middle East and not only Afghanistan and that’s what’s happened.”
Greendale School” is the return address of the anthrax letters to Senators Daschle and Leahy. In December 2002, the Arabic paper London Al-Sharq al-Awsat reported that correspondence on Zawahiris computer (which was obtained by the Wall Street Journal) shows Zawahiri uses school as code for Egyptian Islamic Jihad. The letter was found on Al Zawahiris computer. The letter was designed to look innocent. It was dated 3 May 2001 and signed Dr. Nour, Chairman of the Company. Nour is one of Zawahiris aliases. In this context, it was Egyptian Islamic Jihad, not Al Qaeda, of which he was Chairman.
“We have been trying to go back to our main, previous activities. The most important step was the opening of the school. We have made it possible for the teachers to find openings for profitable trade.”
The letter read:
From: Ayman al-Zawahiri
Date: May 3, 2001
The following is a summary of our situation: We are trying to return to our previous main activity. The most important step was starting the school, the programs of which have been started. We also provided the teachers with means of conducting profitable trade as much as we could. Matters are all promising, except for the unfriendliness of two teachers, despite what we have provided for them. We are patient. [This apparently refers to an internal dispute with two senior London Egyptian islamists].
As you know, the situation below in the village [Egypt] has become bad for traders [jihadis]. Our Upper Egyptian relatives have left the market, and we are suffering from international monopolies. Conflicts take place between us for trivial reasons, due to the scarcity of resources. We are also dispersed over various cities. However, God had mercy on us when the Omar Brothers Company [the Taliban] here opened the market for traders and provided them with an opportunity to reorganize, may God reward them. Among the benefits of residence here is that traders from all over gather in one place under one company, which increases familiarity and cooperation among them, particularly between us and the Abdullah Contracting Company [bin Laden and his associates]. The latest result of this cooperation is the offer they gave. Following is a summary of the offer: Encourage commercial activities [jihad] in the village to face foreign investors; stimulate publicity; then agree on joint work to unify trade in our area. Close relations allowed for an open dialogue to solve our problems. Colleagues here believe that this is an excellent opportunity to encourage sales in general, and in the village in particular. They are keen on the success of the project. They are also hopeful that this may be a way out of the bottleneck to transfer our activities to the stage of multinationals and joint profit. We are negotiating the details with both sides.”
The full message, decoded, is thought to say:
“We have been trying to go back to our military activities. The most important step was the declaration of unity with al-Qaeda. We have made it possible for the mujahideen to find an opening for martyrdom. As you know, the situation down in Egypt has become bad for the mujahideen: our members in Upper Egypt have abandoned military action, and we are suffering from international harassment.”
But Allah enlightened us with His mercy when Taliban came to power. It has opened doors of military action for our mujahideen and provided them with an opportunity to rearrange their forces. One benefit of performing jihad here is the congregation in one place of all mujahideen who came from everywhere and began working with the Islamic Jihad Organization. Acquaintance and cooperation have grown, especially between us and al-Qaeda.”
In December 2002, the Arabic paper London Al-Sharq al-Awsat reported that correspondence on Zawahiri’s computer (which was obtained by the Wall Street Journal) shows Zawahiri uses “school” as code for “Al Qaeda.”
Dr. Jean Rosenfeld, a researcher associated with the UCLA Center for the Study of Religion, and an expert on the symbolism of religious extremist movements, wrote me: Greendale to me signified a conscious choice to use the symbolic color of Islam. She explained that Al Qaeda “is rooted in Egypt and Salafism, not Saudi Arabia and Wahhabism. Al-Zawahiri, I believe, is intensely nostalgic for the Nile Valley.
The CIA factbook explains that the color green such as used by anthrax lab technician Yazid Sufaat in naming his lab Green Laboratory Medicine, and by the mailer who used the return address Greendale School is the traditional color of islam. Green symbolizes islam, Mohammed and the holy war. In its section on Saudi Arabia, and the Flag Description, the CIA Factbook explains that the flag is green with large white Arabic script (that may be translated as There is no God but God; Muhammad is the Messenger of God) above a white horizontal saber (the tip points to the hoist side); green is the traditional color of Islam.
An intelligence document first released in 2007 involves an operation by EIJ members headed by Atef and including Saif Adel in which the group headed to Somalia to work at developing a new base of operations. The group was called The Green Team. Greendale School was used as the return address in the letters and likely is code referring to the Egyptian Islamic Jihad. The stamp on the prestamped envelopes was of a green bird. For a video depicting the Green Birds point of view and invoking Allahs guidance to the straight path, see this video The 3D Kabah - A green birds eye view. The koranic Green Birds reference is from the sentence relating to being set on The Straight Path. Timimi, the graduate student who had access to the Alibek/Bailey patent about concentration using hydrophobic silica, advised the EIJ founder Kamal Habib in writing for the publication called Assirat Al-Mustaqeem (The Straight Path).
Likely for the same reason, Al Qaeda anthrax lab technician Yazid Sufaat and Zacarias Moussaoui used the name Green Laboratory Medicine as the name of the company that he used, for example, to buy 4 tons of ammonium nitrate, and that he used to cover his anthrax production program. In a Hadith the Messenger of Allah explains that the souls of the martyrs are in the hearts of green birds that fly wherever they please in Paradise.
Green dale refers to green river valley Egypt, Cairo, Egyptian Islamic Jihad and/or Egyptian Islamic Group. Put it all together and you have their new official name (though the American press does not use it) Qaeda al Jihad. At the Darunta complex where jihadis trained, recruits would wear green uniforms, except for Friday when they would be washed.
In the conversations that the blind sheikhs spokesman, Sattar, had with people like the blind sheiks successor Taha, EIJ/Vanguards of Conquest al-Sirri, and the blind sheikhs son, they used the same language found in emails between Zawahiri and the Yemeni cell in email. If a brother was in the hospital, it meant he was in prison. If he had an accident, it meant perhaps that Egyptian security services had killed him.
Given that using the same address helps the second recipient receiving the letter to identify it and avoid opening it, the perp would have no reason to use the same address unless he was communicating something and wanted to draw attention to it.
The letter sending the first anthrax reportedly had clouds pictured on it. The flagship of American Media, Inc., National Enquirer, described the letter sent AMI as follows:
Bobby Bender came around the corner with this letter in the upturned palms of his hands, said photo assistant Roz Suss, a 13-year Sun staffer.
It was a business-size sheet of stationery decorated with pink and blue clouds around the edges. It was folded into three sections, and in the middle was a pile of what looked like pink-tinged talcum powder.
In admitting that he had taken over supervising the development of anthrax for use against the US upon Atefs death (in November 2001), KSM separately noted that I was the Media Operations Director for Al-Sahab or The Clouds, under Dr. Ayman Al-Zawahiri.
254 04/21/2008 SEALED MOTION by Ali Al-Timimi. (jlan) (Entered: 04/21/2008)
255 04/22/2008 Consent to Motion for Unsealing by USA as to Ali Al-Timimi (jlan) (Entered: 04/22/2008)
There was a filing unsealed today in the prosecution of Dr. Al-Timimi that discusses the USG’s suspicion of him regarding anthrax weapons. It copies the counsel of record who is the daughter of the Amerithrax prosecutor who was hyping the “POI” of the other Amerithrax squad. It explains that Ali’s name was mentioned in the August 2001 PDB and explains he was an anthrax suspect. He called Bin Laden’s sheik on 9/16 and 9/18 and met with “9/11 imam” Aulaqi to discuss the missive hand-delivered to every member of Congress on the first anniversary of the anthrax letters to the Senators.
“After this case was remanded for the specific purpose of allowing a review of withheld evidence collected under the NSA domestic surveilance program or any other undisclosed program, the government delayed consideration of withheld evidence until counsel received security clearances. Once security clearances were activated, however, the government refused to allow the counsel to review a single piece of withheld evidence or any of the in camera submissions to the Court — not even redacted or summary versions of the evidence or in camera submissions.”
“Despite repeated requests for an explanation from the government of why counsel cannot have access to material or review redacted or summary copies, the case has devolved into little more than a private conversation between the Court and shadow counsel.”
“The Court should reject the current posture of secrecy as preposterous and abusive. The government should have cleared counsel of record making these motions. The government should also explain why opposing counsel cannot have access under traditional classification rules or receive redacted or summary versions of these documents.”
“In his discovery letter, Dr. Al-Timimi, by counsel, gave the government a detailed request covering a limited number of individuals. Besides material on him and obvious members of the “Virginia Jihad” associated by the government with the Dar Al-Arqam Islamic Center, Dr. Al-Timimi requested material related to only eight individuals ***
“The government’s prior position was that any statements recollected or recorded by Dr. Al-Timimi on peace or war or Islamic duties were material. Thus, whether he was quoted or recorded on subjects of his views of religion or the United States, such statements were relevant to the question of whether “Timimi counseled and induced his followers to support terrorist groups that sought to destroy America.”
“The government concedes that any interceptions of Dr. Al-Timimi would have to be disclosed, but insists that it has done so. It, however, limits this representation to “all communications in which he was a party that were intercepted by the NSA. *** There is every reason to believe that he was subject to interceptions given the government statements that it long suspected him of ties to Al Qaeda and bin Laden as well as his numerous international calls from inside and outside the country. [redacted passages, presumptively IMO about Amerithrax investigation] At trial, FBI Agent John Wyman testified that “the ... investigation were conducting, we know of extensive ties between Timimi, Hawaali, and other elements of the broader Al Qaeda network.” Wyman Transcript at 1172.
“The evidence that Dr. Al-Timimi was subject to undisclosed surveillance is obvious. The government is suggesting that it does not have a single captured conversation for an almost seventeen month period between 9-11 — and February 1, 2003 — not to mention surveillance before 9-11. Yet, we know Dr. Al-Timimi:
* was interviewed in 1994 by the FBI and Secret Service regarding his ties to the perpetrators of the first World Trade Center bombing;
* was referenced in the August 6, 2001 Presidential Daily Briefing (”Bin Laden Determined to Strike in US”) as one of seventy individuals regarding whom the FBI is conducting full field investigations on a national basis;
* was described to his brother by the FBI within days of the 9-11 attacks as an immediate suspect in the Al Qaeda conspiracy;
* was contacted by the FBI only nine days after 9-11 and asked about the attacks and its perpetrators;
* was considered an anthrax weapons suspect;
[redacted - passage presumptively IMO about Amerithrax investigation]
* was described during his trial by FBI agent John Wyman as having “extensive ties” with the “broader al-Qaeda network”;
* was described in the indictment and superseding indictment as being associated with terrorists seeking harm to the United States;
* was a participant in dozens of international overseas calls to individuals known to have been under suspicion of Al-Qaeda ties like Al-Hawali; and
* was associated with the long investigation of the Virginia Jihad Group.
It is facially absurd to suggest that the government does not have some of these communications. For years, the FBI has been asking about Dr. Al-Timimi and his associates. He was described as a terrorist suspect long before 9-11. It is preposterous to suggest that his many international and domestic communications were not intercepted. Notably, the government has never been required to submit confirmations of these interceptions and instead has continually hedged on whether they exist — referring to its view of materiality as relieving it of any need to disclose of such communications exist.
This is precisely the reason the Archives material was so important and the reason the defense sought to access to conduct its own search. There are numerous indications that Dr. Al-Timimi was under suspicion of these ties for years before his arrest. This is also the reason the defense has asked to see the FISA application.
The conversation with Al-Hawali on September 19, 2001 was central to the indictment and raised at trial. Al-Timimi called Dr. Hawali after the dinner with Kwon on September 16, 2001 and just two hours before he met with Kwon and Hassan for the last time on September 19, 2001.
“]911 imam] Anwar Al-Aulaqi goes directly to Dr. Al-Timimi’s state of mind and his role in the alleged conspiracy. The 9-11 Report indicates that Special Agent Ammerman interviewed Al-Aulaqi just before or shortly after his October 2002 visit to Dr. Al-Timimi’s home to discuss the attacks and his efforts to reach out to the U.S. government.”
[IANA head] Bassem Khafagi was questioned about Dr. Al-Timimi before 9-11 in Jordan, purportedly at the behest of American intelligence. [redacted -presumptively about Amerithrax] He was specifically asked about Dr. Al-Timimi’s connection to Bin Laden prior to Dr. Al-Timimi’s arrest. He was later interviewed by the FBI about Dr. Al-Timimi. Clearly, such early investigations go directly to the allegations of Dr. Al-Timimi’s connections to terrorists and Bin Laden — [redacted / presumptively IMO about Amerithrax]”
The letter by Al-Timimi’s counsel attached as an exhibit is equally meaty. An example of an additional detail is that in March 2002, Dr. Al-Timimi spoke with Dr. Al-Hawali (Bin Laden’s sheik who was the subject of OBL’s “Declaration of War”) about assisting Moussaoui in his defense.
The filing and the letter exhibit each copy the daughter of the lead prosecutor in Amerithrax. That prosecutor has pled the Fifth Amendment concerning all the leaks hyping the “POI” of the other Amerithrax squad.
errata- He called OB L’s sheik on 9/16/2001 and 9/19/2001, not 9/18. On 9/19, he called at 10:32 a.m. EST.
“He called Bin Ladens sheik on 9/16 and 9/18 and met with 9/11 imam Aulaqi to discuss the missive hand-delivered to every member of Congress on the first anniversary of the anthrax letters to the Senators.”
04/22/2008 256 ORDERED that the defendant’s Consent Motion 254 and its attachments, which include a redacted version of the defendant’s Opposition to the Government’s Motion to Quash and an accompanying exhibit, be and are UNSEALED as to Ali Al-Timimi (1). Signed by District Judge Leonie M. Brinkema on 04/22/2008. (jlan) (Entered: 04/23/2008)
04/22/2008 255 Consent to Motion for Unsealing by USA as to Ali Al-Timimi (jlan) (Entered: 04/22/2008)
Question: what were the other attached exhibits to the “Consent to Motion for Unsealing”?
TrebleRebel, does a forensic comparison of the magic marker used in the redactions in this filng show it is the same magic marker as redacted the FoxNews email? Are the boys at the lab making any progress in transcription of that email from the grabbed screen shot from the Fox video?
Here is the Consent to Unsealing:
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
UNITED STATES OF AMERICA
v. ) Criminal No. 1:04cr385
ALI AL-TIMIMI ) Hon. Leonie M. Brinkema
GOVERNMENTS CONSENT TO MOTION FOR UNSEALING
On November 9, 2007, Al-Timimi filed a sealed opposition to the governments motion to quash his discovery requests. On April 18, 2008, Al-Timimi moved for an order to unseal a redacted version of the opposition he filed under seal on November 9, 2007. Al-Timimi attached to his motion of April 18th a copy of the proposed redacted version of his sealed opposition of November 9th.
As Al-Timimi accurately stated in his motion to unseal of April 18, 2008, the United States consents to the entry of an order unsealing the version of his sealed opposition filed on November 9, 2007, redacted in accordance with the attachment to his motion of April 18th.
United States Attorney
Gordon D. Kromberg
Assistant United States Attorney
CERTIFICATE OF SERVICE
I hereby certify that, this 21st day of April 2008, I caused a copy of the attached GOVERNMENTS CONSENT TO MOTION FOR UNSEALING to be served first class mail, postage paid, addressed as follows:
Washington, D.C. 20052
Who is OBL’s brother-in-law Khalifa? Let’s review some background.
Al Qaedas regional operative, Hambali, was at the key January 2000 meeting and supervised anthrax lab technician Yazid Sufaat. KSM took over anthrax planning upon Atef’s death in November 2001. He was planning up follow-up attacks. Khalid Mohammeds involvement dates back to Bojinka, as did Hambalis. The money for Bojinka, a plot to simultaneously bomb airliners and to assassinate the Pope, went from Bin Ladens brother-in-law Khalifa to the Abu Sayyaf Group, Al Qaedas primary Philippine affiliate, and then on to the cell that included KSM. An alternative plan in Bojinka was to use biochemical weapons in an attempt to free blind sheik Abdel-Rahman. When the blind sheik Abdel-Rahman was arrested, he had Khalifa’s business card along with $62000 in cash in a suitcase.
The US-trained Malaysian biochemist Yazid Sufaat met with 9/11 plotters and two hijackers in January 2000. Sufaat used his company called Green Laboratory Medicine to buy items useful to Al Qaeda. Zacarias Moussaoui, who had a crop dusting manual when he was arrested, stayed at Sufaats condominium in 2000 when he was trying to arrange for flight lessons in Malaysia. Yazid Sufaat provided Moussaoui with a letter indicating that he was a marketing representative for Infocus Technologies signed Yazid Sufaat, Managing Director. Sufaat had given Moussaoui an e-mail firstname.lastname@example.org that was accessed by authorities on September 19, 2001, one day before Al-Timimi was interviewed by the FBI. The crop dusters were to be part of a second wave. (Greendale School was the address used in the letter to the Senators).
When 9/11 hijacker Saeed Al-Ghamdi videotaped his will in 2000, he praised Saudi Sheik Al-Hawali. Telephone records for Mounir el-Mottasedeq, a Moroccan convicted in Germany of helping Mohammed Atta and other members of the Hamburg cell that planned 9/11, show that in the months prior to the attacks, he made repeated calls to Al-Hawalis Riyadh offices. The other Saudi sheik mentioned as involved in the telephone calls in this week’s New Yorker calls was the other sheik, who along with al-Hawali and blind sheik Abdel-Rahman, were referenced in the 1996 Declaration of War and the 1998 claim of responsibility for the embassy bombings.
Ali Al-Timimi spoke alongside the blind sheik’s son Mohammed at IANA conferences in 1993 and 1996. The son was on Al Qaeda’s 3-member WMD committee. He recruited scientists. He was taken into custody two weeks before the FBI raided Ali’s residence looking, according to the warrant, evidence of WMD.
The late Khalifa owned a mighty fine fish restaurant in Saudi Arabia post-911 and stridently denied being associated with his friend and brother-in-law Osama.
Detrick Detox, Frederick News Post, April 25, 2008
“Detrick insiders protest Detrick knows its job when it comes to containment and security. But well-documented breaches have occurred at Detrick over the years, incidents publicized in the local and national press, underscoring the wisdom and necessity of the commissioners’ action.
FOX News reported last month that the FBI has narrowed its focus to “about four suspects,” at least three of whom are linked to USAMRIID, including a former deputy commander, a leading anthrax scientist and a microbiologist.
FOX talked to a bioterrorism expert who said the Detrick link points out “serious security deficiencies ... the ability of researchers to smuggle out some type of very sophisticated anthrax weapon and in some quantity.”
This revelation goes far beyond calling into question security at Detrick.”
[Then the journalist, unburdened by knowing of these shredded-banana peel type details, advances a “bioevangelist” theory]
It was more than a happy coincidence, however, for Ayman Zawahiri and Mohammed Islambouli (who led a key cell planning the attacks with KSM) that an active supporter of the Taliban and supporter of jihad was a US biodefense insider. Microbiologist Al-Timimi worked in the same building as famed Russian bioweapons scientist Ken Alibek and former USAMRIID Deputy Commander and Acting Commander Charles Bailey, who would come to publish a lot of research with the Ames strain of anthrax. Al-Timimi was a current associate and former student of Bin Ladens spiritual advisor, dissident Saudi Sheik al-Hawali. He would speak along with the blind sheiks son at charity conferences the blind sheiks son served on Al Qaedas WMD committee. Al-Timimis mentor Bilal Philips was known for recruiting members of the military to jihad. The first week after 9/11, FBI agents questioned Ali Al-Timimi, a microbiology graduate student in a program jointly run by George Mason University and the American Type Culture Collection (ATCC). Ali, according to his lawyer, had been questioned by an FBI agent and Secret Service agent in 1994 after the 1993 World Trade Center bombing. He had a high security clearance for work for the Navy in he late 1990s and in 1996 for two months had worked for the White House Chief of Staff Andrew Card when he was Secretary of Transportation. As time off from his university studies permitted, Ali was an active speaker with a charity Islamic Assembly of North America.
Ed frequently for years argued that if there US-based “accomplices” helping the 911 hijackers, the USG would be talking about it. When, actually, common sense is that instead they would proceed with electronic surveillance in a highly secret investigation. No banana peel would be safe from shredding. When, for example, the 911 Commission Report discussed the Falls Church “911 imam” who knew the hijacker from Kuala Lumpur in both San Diego and Falls Church, Ed just avoided discussing possible US-based supporters. It was easier to argue that the hijackers were “dead, dead, dead” and not explore alternative hypotheses to the Amerithrax crimes. Ed had what is known as “cognitive rigidity.”
Let’s just hope the USG doesn’t lose its — well, a peel.
Let’s break down Ed’s rationale.
“From the very beginning, the facts seemed to say: It wasn’t al Qaeda!”
Okay, so we know he is reaching his conclusion early on when little was known.
A key fact he relies upon is:
“Prime among the facts were all the precautions that the terrorist took to do minimal harm. That by itself said: NOT al Qaeda!”
He is mistaken. The hadiths REQUIRE that warning be given before poison is used.
Then he argues:
“To some diehards in Camp Jingo, any suggestion that the anthrax could have been sent by Americans was ‘anti-American’.”
So he turns to an ad hominem. His best argument is to accuse this leftist of accusing him of being anti-American when actually, for example, I just accuse him of lacking critical reasoning ability and failing to follow the evidence. He takes his opinions and calls them facts, and then capitalizes the word (”FACTS”). Like it is a FACT a first-grader wrote the letters.
Then he argues:
“For a long time after the anthrax attacks, the FBI was apparently in Camp Jingo, too.”
Oops. Ed has omitted on his webpage a link to the press conference where FBI Director Mueller described the motive: “Think 9/11. Think Oklahoma City.” Mueller specifically has pointed to a hatred of US policy as the motive. He specifically has pointed to the risk of theft of biochemistry information by a university grad student. And the FBI has expressly discussed searches in Kabul and Kandahar under a theory that anthrax was stolen from some place like Ft. Detrick and brought there.
Continuing his “ad hominem” labeling approach, Ed argues:
“All the “new” evidence that al Qaeda was behind the anthrax attacks pertained to people who died on September 11th! But to those in Camp Jingo, the fact that those terrorists were all dead is merely “proof” that there must have been an unidentified accomplice.”
Here he has combined his ad hominem approach with a “straw man” argument. He is insulting a scare crow.
“This supposed “unidentified accomplice” even warned the media people receiving the anthrax that they should take penicillin, and he told the Senators that the powder in the letters was anthrax. This particular terrorist sends germs through the mail along with information about how to protect yourself from the germs! Clearly this accomplice must be the ‘white sheep’ of the al Qaeda terrorist family, since he tried in numerous and various ways to avoid hurting anyone!”
Not having bothered to read anything about the raging debate about targeting innocents and the tactics that are effective in jihad — or the desire of some to use political means — Ed mistakenly dismisses an Al Qaeda theory because he does not realize that some do not fully subscribe to Ayman’s fanatical approach to tactics. Ed also forgets that the perp(s) may have only had a small amount of anthrax to use.
“And, of course, as America retaliated for the 9-11 attacks, fellow al Qaeda members were being wiped out all across the globe, yet the peace-loving al Qaeda ‘white sheep’ member apparently couldn’t bring himself to again use the anthrax weapon he had used twice previously.”
Ed here might have overlooked that the CIA and FBI has been kicking butt in Amerithrax for years and Ed is just not very good at reading the banana peels.
Atef was blown to smithereens in November 2001. Anthrax lab tech Yazid Sufaat was captured in December 2001 etc
A robust debate of alternative theories is a good thing. (Ed’s entire approach to debunking a Hatfill Theory is an ad hominem approach to one of its proponents, BHR). Instead, we should follow the evidence. Which for starters requires considering the evidence supporting the alternative theories (without resorting to ad hominem argument which is logically fallacious).
But it’s not too late. Ed, you should explore the hypothesis that US-based supporters of the jihadists are responsible, as should you TrebleRebel. You’ve got silica on the brain. When the undisputed finding by the Armed Forces Institute of Pathology that silica was detected merely is a key pointer to the access of know-how or product that occurred here (which is why the USG needed to allow the issue to be clouded/suppressed).
Ed stood ready to serve his country by so totally confusing the issue on silica. Ed, you are a True American.
For example, where has Ed addressed the question posed by a former State Department analyst?
“Was Abderraouf Jdey the Anthrax Mailer?”
Jdey was known to be part of the 911 planes operation. He was an accomplice — thus contradicting Ed’s entire theory that there no accomplices who were not “dead, dead, dead.” But then he was held back from that operation and disappeared. Why?
He was trained in biology and yet Ed has not displayed even passing curiosity as to his day job or the circumstances of his mysterious disappearance in October 2001.
The FBI issued a $5 million BOLO for him in connection with Aafia Siddiqui and Jafar the Pilot.
An AUSA has said in open court that Aafia was willing to participate in an anthrax attack if asked. Ed took no notice and clung stubbornly to his drunk bowler theory.
Jafar the Pilot corresponded and sent people to Midhat Mursi, the Egyptian chemical engineer who was part of Al Qaeda’s 3-member WMD committee with the blind sheik’s son. (See letter posted above). Jafar worshipped at the mosque from Franklin Park, the address in the code on the anthrax letters.
Al-Timimi’s mentor, Bilal Philips, has posted on Jafar’s (Adnan El-Shukrijumah’s) family webpage explaining that he is good friends with Adnan’s dad. Both were strong supporters of blind sheik Abdel-Rahman and Jafar’s Dad testified at the trial as a character witness. Bilal Philips has explained that he worked in the Philippines as part of Khalifa’s work and that he recruited men associated with the US Army to jihad.
Ed is a “true believer” (the label he uses) in a bioevangelist theory. He thus has not explored the hypothesis supported by the documentary evidence, testimony and government pronouncements relating to Al Qaeda’s weaponization of anthraxs for use against US targets.
Even when the CIA Director says that the anthrax planning was done in parallel with 9/11, he doesn’t take notice.
When a criminal defense lawyer says the government who prosecuted his client for sedition suspected him of being an anthrax weapons suspect — and the client was not much more than 15 feet from the leading anthrax scientist relied upon by Ed — Ed doesn’t even link the report.
It is Ed who is the True Believer. It is Ed who is the Conspiracy Theorist. It is Ed who is the Follower. It is Ed who doesn’t follow the FACTS.
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