22 March 2001
Source: Digital file from the Court Reporters Office, Southern District of New York; (212) 805-0300.

This is the transcript of Day 21 of the trial, 22 March 2001.

See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm

                                                                    3069

       1   UNITED STATES DISTRICT COURT
           SOUTHERN DISTRICT OF NEW YORK
       2   ------------------------------x

       3   UNITED STATES OF AMERICA

       4              v.                           S(7) 98 Cr. 1023

       5   USAMA BIN LADEN, et al.,

       6                  Defendants.

       7   ------------------------------x

       8
                                                   New York, N.Y.
       9                                           March 22, 2001
                                                   10:50 a.m.
      10

      11

      12   Before:

      13                       HON. LEONARD B. SAND,

      14                                           District Judge

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3070

       1                            APPEARANCES

       2   MARY JO WHITE
                United States Attorney for the
       3        Southern District of New York
           BY:  PATRICK FITZGERALD
       4        KENNETH KARAS
                PAUL BUTLER
       5        Assistant United States Attorneys

       6
           SAM A. SCHMIDT
       7   JOSHUA DRATEL
           KRISTIAN K. LARSEN
       8        Attorneys for defendant Wadih El Hage

       9   ANTHONY L. RICCO
           EDWARD D. WILFORD
      10   CARL J. HERMAN
           SANDRA A. BABCOCK
      11        Attorneys for defendant Mohamed Sadeek Odeh

      12   FREDRICK H. COHN
           DAVID P. BAUGH
      13        Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali

      14   JEREMY SCHNEIDER
           DAVID STERN
      15   DAVID RUHNKE
                Attorneys for defendant Khalfan Khamis Mohamed
      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3083

       1            (Pages 3071 to 3082 filed under seal)

       2            (In open court)

       3            THE COURT:  Just to complete the record on another

       4   matter, the marshals have given me the six dates on or after

       5   February 20th when Juror 647 was late by between 15 and 30

       6   minutes.  These six out of 13 days and its subsequent notes.

       7            MR. RUHNKE:  Your Honor, we're having difficulty

       8   hearing what you are saying.  I'm sorry.

       9            MR. COHN:  We're trusting enough not to make you

      10   repeat it, your Honor, but we didn't hear it.

      11            THE COURT:  The witness may take the stand and the

      12   jury may come in.

      13            (Jury present)

      14    ROBERT MIRANDA, Resumes.

      15            THE COURT:  Good morning, ladies and gentlemen.

      16            THE JURY:  Good morning.

      17            THE COURT:  Juror 647 is not feeling well and he has

      18   been excused from further service on this jury, and that means

      19   that our numbers have dwindled by two since we started, which

      20   means everybody stay healthy, please.

      21            Very well, we'll resume.  I believe the next item of

      22   business is the cross-examination of the witness Robert

      23   Miranda.

      24            THE WITNESS:  Yes, sir.

      25            THE COURT:  Mr. Miranda, the Court advises you that

                                                                    3084

       1   you are still under oath.

       2            THE WITNESS:  Yes, sir.

       3   CROSS-EXAMINATION

       4   BY MR. SCHMIDT:

       5   Q   Agent Miranda, did you have any involvement in the

       6   investigation of the embassy bombings prior to visiting Mr. El

       7   Hage and his wife April Ray?

       8   A   No, I don't believe I had any involvement.

       9   Q   Prior to going to Mr. El Hage's residence, you said you

      10   went to his residence to interview his wife; is that correct?

      11   A   That's correct.

      12   Q   Originally, did you go there to interview Mr. El Hage as

      13   well?

      14   A   No, I did not.

      15   Q   Did you contact Mrs. El Hage -- did you contact April Ray

      16   prior to arriving at the home?

      17   A   No, I did not.

      18   Q   Do you know of any agent that did?

      19   A   What I recall is that Special Agent Coleman knocked on the

      20   door and introduced himself and asked for an interview.

      21   Q   So it's your testimony, then, that to your knowledge no

      22   one contacted Ms. April Ray prior to appearing at her front

      23   door; is that correct?

      24   A   That's what I recall, sir, yes.

      25   Q   Were you given responsibility to interview April Ray prior

                                                                    3085

       1   to going to their home?

       2   A   Yes, I was.

       3   Q   To prepare for that interview did you review Mr. El Hage's

       4   prior statements to government representatives on September

       5   23, 1997 and October 17th, 1997?

       6   A   I don't think I did, sir.  I'm not familiar with what

       7   you're referring to.

       8   Q   Well, did you review any FBI documents or reports prior to

       9   conducting the interview?

      10   A   I recall having a short conversation with Special Agent

      11   Coleman.  I may have reviewed something, sir, but I don't

      12   recall if I did or not.

      13   Q   Would you have any kind of record that would indicate what

      14   you reviewed at the time?

      15   A   No, I don't think I do, sir.

      16   Q   Did Agent Coleman instruct you as to what to ask Ms. Ray?

      17   A   Again, I'm sure Special Agent Coleman would have said

      18   something to me because I was pretty unfamiliar with El Hage

      19   and April Ray and the whole matter, but as to what that was, I

      20   don't recall.

      21   Q   It's your testimony that on August 20th at approximately

      22   2:15 p.m. Agent Coleman, accompanied by you and another agent,

      23   not on knocked on the residence door of Wadih El Hage and

      24   April Ray and their family; is that correct?

      25   A   That's correct, sir.

                                                                    3086

       1   Q   Who answered the door?

       2   A   April Ray.

       3   Q   Your testimony indicated it was Agent Coleman introduced

       4   himself and the others?

       5   A   Yes.

       6   Q   Did Ms. Ray indicate that she was, that she knew Agent

       7   Coleman already?

       8   A   Absolutely.  Before she even opened the door, she knew

       9   Agent Coleman's name and voice and she said she had to cover

      10   up real quickly.  And it was obvious from her response to

      11   Mr. Coleman that she was familiar with him.

      12   Q   When she opened the door, was she covered with a head

      13   scarf?

      14   A   That's correct.

      15   Q   Did she invite Agent Coleman, you, and the other agent

      16   into her home?

      17   A   Yes, she did.

      18   Q   Where did you conduct the interview with Ms. Ray?

      19   A   In the living room of her apartment.

      20   Q   You didn't come with a warrant of any kind; is that right?

      21   A   That's correct, sir.

      22   Q   You didn't come with a subpoena of any kind; is that

      23   correct?

      24   A   There was no subpoena, sir.  We asked to speak to her and

      25   she said "sure."

                                                                    3087

       1   Q   You conducted the interview with her by asking her

       2   questions and answering them; is that correct?

       3   A   That's correct, sir.

       4   Q   Did you take any notes during that interview?

       5   A   No, I did not, sir.

       6   Q   To your knowledge, did any of the other agents take any

       7   notes?

       8   A   To my knowledge, no other agents took any notes, sir.

       9   Q   Was Ms. Ray a good hostess?

      10   A   Yes, she was polite.

      11   Q   Did she offer you anything to drink?

      12   A   Yes, she did.

      13   Q   Did she appear to harbor any animosity?

      14   A   Not that I recall, sir.

      15   Q   She spoke fluent English?

      16   A   Yes, sir.

      17   Q   In fact, she spoke in a manner that you believe that she

      18   was born and raised in the United States; is that right?

      19   A   That's correct, sir.

      20   Q   Were some of the children home at that time?

      21   A   Yes.  I remember there were some children running around

      22   and the T.V. was tuned to a cartoon station and some of the

      23   kids were also watching T.V.

      24   Q   Did you hear the children talk?

      25   A   I'm sure I must have.

                                                                    3088

       1   Q   Did they talk to Ms. Ray at times?

       2   A   Probably, sir.

       3   Q   Do you recall whether they spoke in English?

       4   A   I recall, yes, some spoke English.  As a matter of fact, I

       5   also think I heard some of the older children speaking Arabic

       6   later on when two of them were brought into the house after

       7   being picked up.

       8   Q   At school?

       9   A   I'm sorry, sir?

      10   Q   School, they were picked up at school?

      11   A   Right, after being picked up from school and brought back

      12   to the apartment, I heard a smattering of Arabic.

      13   Q   Did you speak any Arabic?

      14   A   I'm learning Arabic right now, sir.

      15   Q   Now, Mr. El Hage came into the house at approximately

      16   3:00; is that correct?

      17   A   That's correct, sir.

      18   Q   And you were interviewing Ms. Ray for approximately 45

      19   minutes; is that right?

      20   A   Approximately, sir, yes.

      21   Q   Mr. El Hage and April Ray had a very brief conversation

      22   prior to Ms. Ray leaving to pick up the children; is that

      23   right?

      24   A   Yes, sir.

      25   Q   The conversation was about who was going to pick up the

                                                                    3089

       1   children at school?

       2   A   I think it was partially about that, sir.

       3   Q   Did you ask to speak to Mr. El Hage?

       4   A   Yes.

       5   Q   At what point after Mr. El Hage entered the home did you

       6   ask to speak to Mr. El Hage?

       7   A   I recall that I introduced myself and Agent Vicki Warwood,

       8   who was with me, and asked if we could ask him since he had

       9   lived in Kenya, if we could ask him a couple of questions

      10   about recent events there, and he said yes.

      11   Q   Was Agent Coleman still there?

      12   A   No, he was not.  Agent Coleman left almost immediately

      13   after introducing us.

      14   Q   Just like your conversation with Ms. Ray, your

      15   conversation with Mr. El Hage consisted of you asking

      16   questions and him giving answers to your questions; is that

      17   right?

      18   A   Yes, sir.

      19   Q   For how long did you have a conversation with Mr. El Hage?

      20   A   I think it was for approximately about an hour before he

      21   said he had to excuse himself and return to work.

      22   Q   During that time you asked Mr. El Hage many questions?

      23   A   I don't know what your definition of "many" is, but I

      24   asked him some questions, sure.

      25   Q   And he answered them?

                                                                    3090

       1   A   Yes, he did.

       2   Q   He was cooperative?

       3   A   I think for the most part.

       4   Q   Did he -- he didn't refuse to answer any questions, did

       5   he?

       6   A   No.  By that, sir, I mean to say that --

       7   Q   Did he refuse to answer any questions?

       8   A   No, sir.

       9   Q   When you wanted to ask -- when you told Mr. El Hage that

      10   you wanted to ask him questions because he lived in Kenya, and

      11   you wanted to ask him about recent events, you meant the

      12   bombing at the embassy; is that right?

      13   A   Yes, sir.

      14   Q   Now, this was less than two weeks after the embassy

      15   bombing, is that right, that you had this conversation with

      16   Mr. El Hage?

      17   A   Correct, sir.

      18   Q   And from the time of the bombing to the time of your

      19   interview with Mr. El Hage, there were many reports in the

      20   media concerning the speculation that Usama Bin Laden was

      21   somehow involved in the bombing; is that correct?

      22   A   I'm sure that's correct, sir.

      23   Q   In fact, prior to your conversation with Mr. El Hage, the

      24   United States had already launched strikes against Usama Bin

      25   Laden in Afghanistan and against a pharmaceutical company in

                                                                    3091

       1   the Sudan; is that right?

       2   A   I'm not sure of the timing of that, sir, but I know of

       3   those events, yes.

       4   Q   You know that there were people who were already arrested

       5   in relation to the embassy bombings; is that right?

       6   A   That's correct.

       7   Q   And those arrests were reported in the media; is that

       8   correct?

       9   A   That's correct.

      10   Q   You asked Mr. El Hage questions about Mr. Bin Laden,

      11   didn't you?

      12   A   Yes, sir.

      13   Q   And you asked him questions concerning why Mr. Bin Laden,

      14   I think I you used the word, hated Americans; is that right?

      15   A   That's correct.  I asked him why he had such a hatred of

      16   the West, the United States, based upon his knowledge of him

      17   personally.

      18   Q   So the word "hatred" was your word; is that correct?

      19   A   Yes, sir.

      20   Q   And during the ensuing conversations you had with Mr. El

      21   Hage, after asking that question, Mr. El Hage, without

      22   hesitation, answered what his beliefs were of Usama Bin

      23   Laden's, what you call hatred of the West; is that right?

      24   A   As I recall, sir --

      25   Q   Is that correct, sir?

                                                                    3092

       1   A   No, that's not correct, sir.

       2   Q   Did he hesitate when he was talking to you concerning

       3   that?

       4   A   No, he did not hesitate.

       5   Q   Did he express his own -- withdrawn.  He expressed not

       6   only his beliefs of Mr. Bin Laden, he also indicated to you

       7   some of his own beliefs about the opposition to some American

       8   policies, isn't that right?

       9   A   Yes.

      10   Q   And he was quite frank with you as to why he thought that

      11   some of the American policies towards the Middle East were

      12   wrong; is that correct?

      13   A   That's correct.

      14   Q   And he indicated to you that Mr. Bin Laden opposed the

      15   troop presence in Saudi Arabia; is that right?

      16   A   Yes.

      17   Q   He said that true believing Muslims believed that the

      18   United States should not have troops in Saudi Arabia, the land

      19   of the holy place; is that right?

      20   A   I think his answer was that, like any true believing

      21   Muslim, the U.S. should not have a presence.  I think the word

      22   in my 302 is "presence," sir.

      23   Q   Now, you weren't taking any notes during that interview;

      24   is that right?

      25   A   That's correct, sir.

                                                                    3093

       1   Q   And you had an interview with him for about an hour; is

       2   that right?

       3   A   That's correct, sir.

       4   Q   And after your interview, you went back to your office; is

       5   that right?

       6   A   Yes, sir.

       7   Q   And did you write any notes right after your interview

       8   when you went back to the office as to what Mr. El Hage said?

       9   A   No, I did not, sir.

      10   Q   So the words that you now are quoting us in your 302 is

      11   what you remember hours later or a day later of the word that

      12   Mr. El Hage said without having notes, right?

      13   A   Sir, I said I did not prepare any notes, but I did

      14   immediately start preparing my 302.

      15   Q   Where did you prepare the 302, in Mr. El Hage's house?

      16   A   No, sir, back in the office.

      17   Q   And that preparation as to the exact words that were used

      18   were based on your memory without any notes; is that correct?

      19   A   Yes, sir.

      20   Q   Besides telling you about the U.S. troops in Saudi Arabia,

      21   he also talked about the fact that the U.S. government was

      22   unfair in its treatment of Israel and the Palestinians, isn't

      23   that right?

      24   A   He said that the U.S. policy was unfairly supportive of

      25   Israel.

                                                                    3094

       1   Q   Is that his exact words?  Is that a quote from what he

       2   said or the substance of what he said?

       3   A   That's the substance, sir.

       4   Q   So when you are telling us the words that he used, you are

       5   using -- you are basically stating the substance of what he

       6   said and not an exact quote; is that correct?

       7            MR. FITZGERALD:  Objection to form.

       8            THE COURT:  Overruled.

       9            You may answer.

      10   A   No, sir.  In some instances the words he used struck me as

      11   odd or significant, and so in some instances the responses are

      12   using his words.  In other instances, it's the substance of

      13   what he said.

      14   Q   As you sit here today, you recognize the difference when

      15   you actually quoted Mr. El Hage an hour and a half, two hours

      16   after you had the conversation with him for an hour and the

      17   ones that you put down the substance of his conversation, is

      18   that what you are telling us now?

      19   A   I'm sorry, could you rephrase that, sir?

      20   Q   Yes.  Are you telling us that now you recognize --

      21   withdrawn.

      22            You had a conversation with Mr. El Hage for an hour;

      23   is that right?

      24   A   Yes, sir.

      25   Q   He lived in Arlington; is that right?

                                                                    3095

       1   A   Yes, sir.

       2   Q   After the conversation, you left Arlington and you drove

       3   to Dallas, where your office was; is that correct?

       4   A   Yes, sir.

       5   Q   How long of a drive is that?

       6   A   Half-hour, probably.

       7   Q   Then you went to park your car, went up to your office; is

       8   that right?

       9   A   That's correct, sir.

      10   Q   You started typing out your report; is that right?

      11   A   Yes, sir.

      12   Q   First part of the report that you typed out was your

      13   conversation with Ms. Ray; is that right?

      14   A   Yes, sir.

      15   Q   Then eventually you got to the conversation where you

      16   started typing out with Mr. El Hage; is that right?

      17   A   Yes, sir.

      18   Q   And then you covered generally your conversation with

      19   Mr. El Hage in your report; is that right?

      20   A   Yes, sir.

      21   Q   And you're telling us now when you reached the point where

      22   you're now describing your conversation with Mr. El Hage,

      23   that, without any notes at all, you were able to quote things

      24   that he said earlier to you absolutely verbatim, is that what

      25   you're telling us?

                                                                    3096

       1   A   Sir, I said --

       2   Q   Is that what you're telling us?

       3            MR. FITZGERALD:  Objection, your Honor.  If he may

       4   answer the question.

       5            THE COURT:  He may answer.

       6   A   Sir, I said that in instances where his answers were

       7   significant or he used words that struck me as significant,

       8   yes.  In other --

       9   Q   How many?

      10            MR. FITZGERALD:  Your Honor, may the witness finish

      11   the answer?

      12            THE COURT:  Yes.

      13            MR. SCHMIDT:  I believe he did.

      14   Q   Did you finish your answer?

      15   A   Go ahead, sir.  Continue.

      16   Q   How many occasions of what he said struck you as

      17   significant or odd that you quoted Mr. El Hage verbatim in

      18   your report?

      19   A   I'd have to read the report, sir, and look.  But I recall

      20   from the 302 that there were phrases -- for instance, "like

      21   any true believing Muslim," that's not something that I would

      22   have wrote myself.  I believe those to be his exact words.

      23   Q   So the phrase "true believing Muslim" may be verbatim as

      24   to Mr. El Hage; is that correct?

      25   A   That's correct, sir.

                                                                    3097

       1   Q   But the rest of the discussion as to American troops in

       2   Saudi Arabia is generally the substance but not a quote, isn't

       3   that right?

       4   A   That's probably correct, sir.

       5   Q   Mr. El Hage, in substance, said that he believed American

       6   policy towards Israel was unfair, isn't that right?

       7   A   That's correct, sir.

       8   Q   Now, let's use the word "unfair."  Was that a verbatim

       9   word or your sense of what Mr. El Hage was saying?

      10   A   I don't recall whether that was his word or not.

      11   Q   Well, when he said "the United States policy," was the

      12   word "policy" verbatim or the sense of what he was talking

      13   about?

      14   A   That was probably the sense of what he was talking about,

      15   sir.

      16   Q   During the time that he was talking about American policy,

      17   was that one answer or did you ask him some questions in

      18   between?

      19   A   As I recall, that was more of a conversation.  I'm sure

      20   that there were questions in between to have him elaborate on

      21   points.

      22   Q   And he was responsive to your questions concerning both

      23   his feelings towards American policy and what he believed that

      24   Mr. Bin Laden's feelings were towards American policy; is that

      25   right?

                                                                    3098

       1   A   Yes, sir.

       2   Q   Is there any other word that you recall that struck you as

       3   either odd or so very important that, in the area of American

       4   foreign policy that you quoted verbatim?

       5   A   Are you talking about just the part about the foreign

       6   policy, sir?

       7   Q   That's correct.

       8   A   At this point, no, I don't recall that there was.

       9   Q   Did you think it was odd that Mr. El Hage thought that the

      10   U.S. policy towards Israel and the Palestinians were unfair?

      11   A   No.

      12   Q   Did you think it odd that Mr. El Hage believed that

      13   American troops should not be in the Saudi Peninsula, the land

      14   of the holy place?

      15   A   No.

      16   Q   Now, in fact, you said in your direct examination, after

      17   the discussion of American foreign policy, that, "During that

      18   answer, he often switched between using 'he' for Bin Laden and

      19   'we' when describing the hatred to the U.S. and the West."

      20            Do you remember testifying to that?

      21   A   Yes, sir, that's correct.

      22   Q   Now, first, that answer is incorrect because it's not the

      23   question, there were numerous questions; isn't that correct?

      24            MR. FITZGERALD:  Objection.

      25            THE COURT:  Sustained.

                                                                    3099

       1            Rephrase the question.

       2   Q   You testified to us that your conversation about U.S.

       3   policy was a conversation back and forth, isn't that right?

       4   A   Yes, sir.

       5   Q   When you testified here earlier, you said on Tuesday, you

       6   said that the answer that Mr. El Hage gave to the answer,

       7   right?  Now, that wasn't correct, isn't that right?

       8   A   You're going to have to rephrase that, sir.  I'm not sure

       9   I understood that.

      10   Q   It wasn't one answer.  It was an answer to many questions

      11   that you asked him, following up his initial statements; isn't

      12   that correct?

      13   A   That's correct, sir.

      14   Q   And so a lot of your question didn't concern Mr. Bin

      15   Laden, it concerned Mr. El Hage's beliefs about the American

      16   foreign policy; is that correct?

      17   A   No, that's not correct, sir.

      18   Q   Are you saying that you just asked repeatedly about

      19   Mr. Bin Laden?

      20   A   Sir, I was interested in Mr. El Hage's understanding of

      21   Mr. Bin Laden's hatred of the United States and the West.  On

      22   occasion, Mr. El Hage switched between the use of "he" and

      23   "we," putting in some of his own feelings, apparently, into

      24   the question or questions that I was asking him.

      25   Q   Well, let's see -- withdrawn.

                                                                    3100

       1            You told us the first question you asked Mr. El Hage

       2   concerning Mr. Bin Laden's AntiAmericanism; is that right?

       3   A   I'm sorry, I told --

       4   Q   You told us the first question how you introduced that

       5   subject to Mr. El Hage?  Remember the question that you

       6   testified to?

       7   A   Yes, sir.

       8   Q   Could you tell us some of the other questions that you

       9   asked Mr. El Hage to elicit the information that you were

      10   seeking?

      11   A   No, I can't, sir.

      12   Q   Can you tell us at which point he said "I" as opposed to

      13   "he" or "we" as opposed to "he"?

      14   A   Yes, sir, I can.

      15   Q   On how many occasions did he do that?

      16   A   At least once, sir.

      17   Q   So you remember one, is that your testimony?

      18   A   Yes, sir, I remember at least one.

      19   Q   Well, you say "at least one."  That would leave open the

      20   possibility that there were two, three or four.

      21            My question is now to you, how many do you actually

      22   remember?

      23   A   I can quote you one, sir.

      24   Q   Quote me one.

      25   A   "A lot of people want the world to live according to the

                                                                    3101

       1   Koran, but we don't have the resources.  He has the resources

       2   to make the world live according to the Koran."

       3   Q   So the "we," he was referring to a lot of people want?

       4   A   I don't know who he was referring to -- well, multiple

       5   people, of course, sir.

       6   Q   Well, he said "a lot of people want the world to follow

       7   the Koran and we..."  The "we" referred to that prior portion

       8   of his statement, isn't that right?

       9   A   I don't know, sir.  I can't speak for what that "we" was.

      10   Q   Well, Mr. El Hage never used the word "hatred," did he?

      11   A   I don't recall that he did, sir.

      12   Q   So when you said "when describing the hatred of the United

      13   States and the West," that was basically referring to the

      14   first question that you asked him even to bring up the topic;

      15   isn't that correct?

      16   A   That's probably correct, sir.

      17   Q   So it had nothing to do with actually his answers and

      18   specifically his answers where he included "we," where he

      19   included himself; isn't that correct?

      20   A   No, sir, I don't think that is correct.

      21   Q   Well, could you tell us another time where he referred to

      22   as "we" relating to anything to do with the hatred of the

      23   United States?

      24   A   I can't recall that request, sir.

      25   Q   There was another time in your conversation that Mr. El

                                                                    3102

       1   Hage used the phrase "true believing Muslims," isn't that

       2   right?

       3   A   There was another time, sir?

       4   Q   Yes.  Wasn't there?

       5   A   I recall that he used the word "committed."

       6   Q   One of the things that stuck in your mind in your

       7   conversation earlier about American policy was when he used

       8   the words "any true believing Muslim"; is that correct?

       9   A   Yes, sir.

      10   Q   That stuck in your mind?

      11   A   Yes, sir.

      12   Q   Well, did it stick in your mind another occasion where he

      13   said "as a true believing Muslim"?

      14   A   I don't recall, sir.

      15   Q   Let me ask you this question, then, sir.  When you asked

      16   him -- withdrawn.

      17            You asked him, Would you support Bin Laden if you

      18   learned of his involvement in the bombing; is that right?

      19   A   Yes, sir.

      20   Q   Right?  And do you recall him telling you that, "As a true

      21   believing Muslim, I follow the guidance of the Koran and not

      22   people.  If Bin Laden was involved, it was a mistake, that Bin

      23   Laden would be wrong in conducting such an act because there

      24   is no guidance for it in the Koran and I would not support

      25   him."

                                                                    3103

       1   A   That's correct, sir.

       2   Q   He said that?

       3   A   Yes, sir.

       4   Q   And he used in that same word "as a true" -- that same

       5   answer "as a true believing Muslim" as well as when he was

       6   describing American troops in Saudi Arabia, isn't that right?

       7   A   If that's in my 302, sir, yes.

       8   Q   Well, do you have a memory of such an important phrase

       9   presently of him saying that now?

      10   A   Now, two years after the interview, sir?

      11   Q   Yes.

      12   A   I recall parts of it, yes.  But I don't have the entire

      13   thing memorized, if that's what you're asking.

      14   Q   You told us how you remembered it was because it was so

      15   important --

      16   A   That's correct.

      17   Q   -- in describing the American foreign policy and Bin

      18   Laden's hatred of the United States.

      19            MR. FITZGERALD:  Objection.

      20            THE COURT:  Objection sustained.  Just ask a

      21   question.

      22   Q   Well, let me ask you to take a look at your -- this

      23   document marked as 3586-1 at page 4 at one of the highlighted

      24   portions.

      25            MR. SCHMIDT:  May I approach the witness, your Honor?

                                                                    3104

       1   Q   Please read this to yourself.

       2            (Pause)

       3   A   I'm done, sir.

       4   Q   Having reviewed that document, does that give you a

       5   present recollection of the statement that I asked you if

       6   Mr. El Hage made?

       7   A   I recall the statement, yes, sir.

       8   Q   Was "true believing Muslim" Mr. El Hage's terms?

       9   A   I think that's his phrase, sir, yes.

      10   Q   You said also "a committed Muslim" at some point?

      11   A   That's correct, sir.

      12   Q   And what point was that?

      13   A   I believe that was in the interview later on in the

      14   evening with Special Agent Coleman.

      15            MR. SCHMIDT:  May I approach the document?

      16   Q   After the discussion of the foreign policy of the United

      17   States, you asked Mr. El Hage as to his opinion as to whether

      18   Bin Laden was involved in the bombing, didn't you?

      19   A   Yes, sir, I asked him that question.

      20   Q   And Mr. El Hage told you that he didn't believe that Bin

      21   Laden was responsible because it occurred in the area where

      22   obviously innocent women and children would be killed.  It was

      23   a congested area, isn't that right?

      24   A   Yes, sir, that's part of the answer.

      25   Q   Now, you then asked him about what type of intelligence

                                                                    3105

       1   Bin Laden would have in Nairobi, didn't you?

       2   A   I don't know if I asked that specific question or that

       3   simply was the answer, sir.

       4   Q   Isn't it a fact that the use of the word "intelligence"

       5   was your word and Mr. El Hage responded to your question;

       6   isn't that correct?

       7   A   I don't recall whether that was the use of my word or not,

       8   sir.  I do know that it's in my notes with an exclamation

       9   point, signifying to me that it was significant.

      10   Q   It was significant enough to make an exclamation point.

      11   Was it significant enough to put down the question and the

      12   answer in a manner that explained who actually used the word

      13   "intelligence"?

      14   A   Can you repeat that, please, sir?

      15            THE COURT:  No, suppose you restate it and ask a more

      16   direct question.

      17   Q   You don't have a present recollection of who actually used

      18   the word "intelligence," isn't that correct, Agent Miranda?

      19   A   That's correct, sir.

      20   Q   It wasn't significant at the time for you to put down

      21   clearly who --

      22            MR. FITZGERALD:  Objection, your Honor.

      23   Q   -- used the word "intelligence"?

      24            THE COURT:  Sustained.  Asked and answered.  Let's

      25   move on.
                    (Continued on next page)

                                                                    3106

       1   Q   In fact, in the evening interview with Mr. El Hage you

       2   asked the same question over again about Mr. Bin Laden's

       3   intelligence ability in Nairobi, didn't you?

       4            MR. FITZGERALD:  Objection to form, your Honor.

       5            THE COURT:  Overruled.

       6   A   I don't think you are phrasing -- I don't think that is

       7   correct, sir.  In the morning -- I am sorry -- in the first

       8   interview taking place at his house, I think I asked the

       9   question whether or not he thought Bin Laden did it.  I don't

      10   think that the use of the word intelligence ever came up in

      11   the first part of the interview.

      12   Q   The first part of the interview you don't think the word

      13   intelligence came up at all in the interview at his home?  Is

      14   that what you are saying?

      15   A   What I am saying, sir, is, the question was whether or not

      16   he thought Bin Laden did it.  That question was asked again,

      17   as I recall, in the second interview.  That is where the

      18   answer, as I recall, involving the word intelligence came up.

      19   Q   Just so it is clear, are you saying that the word

      20   intelligence did not come up in the afternoon?

      21   A   I think that is correct, sir.  I think that is reflected

      22   in my 302.

      23   Q   Did you ask Mr. El Hage to come back to your office in the

      24   evening?

      25   A   Yes, we did.  We asked him if he would be willing to talk

                                                                    3107

       1   to us again.

       2   Q   Did he voluntarily come down to your office?

       3   A   Yes, he did, sir.

       4   Q   I guess I heard you say that Officer Coleman was present

       5   at the office interview?

       6   A   Special Agent Coleman was present for the second

       7   interview, along with myself, sir.

       8   Q   This time you actually took notes of the interview; is

       9   that right?

      10   A   That is correct, sir.

      11   Q   Did you tape record the interview with Mr. El Hage, you

      12   and Agent Coleman, that evening?

      13   A   No, sir.

      14   Q   Were you aware at that time that Mr. El Hage's

      15   conversations were over a year, 15, 16 months, were tape

      16   recorded and intercepted prior to your conversations?

      17   A   It is my understanding that there was interceptions going

      18   on, but I wasn't privy to those.

      19   Q   Are you aware that it was actually at his home, at his

      20   place of business, telephone conversations were being

      21   intercepted as you were speaking to him in your office?

      22            MR. FITZGERALD:  Objection, your Honor.  401 and --

      23            THE COURT:  Sustained.

      24            MR. SCHMIDT:  Excuse me.

      25            THE COURT:  Sustained.

                                                                    3108

       1   Q   Were you aware that he was being tape recorded in other

       2   locations?

       3   A   I understand that there was intelligence gathering going

       4   on, sir, but again, I wasn't privy to that.

       5   Q   But you knew that he was being tape recorded.

       6            MR. FITZGERALD:  Objection, your Honor.  Same

       7   objection.

       8            THE COURT:  Sustained.

       9   Q   You didn't make any efforts to tape record the

      10   conversations with Mr. El Hage to have an absolute copy of

      11   your conversation with him; is that right?

      12            MR. FITZGERALD:  Objection, your Honor.

      13            THE COURT:  Let's have an answer and then --

      14   A   Absolutely not.

      15   Q   You would know that if you had a tape recorded

      16   conversation of an interview with Mr. El Hage that reflected

      17   what you said and what he said there would be no disputes as

      18   to what was said either verbatim or as to the subject; is that

      19   correct?

      20            MR. FITZGERALD:  Objection.

      21            THE COURT:  You may answer the question.

      22   A   Sir, I know that I would have been breaking bureau policy

      23   in recording that interview.

      24   Q   Did you ask Mr. El Hage if you could tape record your

      25   discussions?

                                                                    3109

       1   A   No, I did not.

       2   Q   So you never asked him for permission?

       3   A   No, sir.

       4   Q   You wanted to go down to your office to continue talking

       5   because you were in the midst of a criminal investigation; is

       6   that right?  You asked him to come down to your office because

       7   the FBI was in the midst of a criminal investigation involving

       8   the embassy bombing; is that right?

       9   A   Yes, sir, we wanted to talk to him further.

      10   Q   And you wanted to talk to him further because you believed

      11   that he could provide information; is that right?

      12   A   Yes, sir.

      13   Q   Do you recall when Mr. El Hage used the term committed

      14   Muslims in that conversation?

      15   A   I would have to review the 302, sir.

      16   Q   Is committed Muslims one of the words or phrases that

      17   stuck in your mind because it was unusual or significant?

      18   A   Yes, sir, I thought it was significant at the time.

      19   Q   Did Mr. El Hage make it very clear during your

      20   conversation that he believed that committed Muslims would not

      21   carry out such bombings?

      22   A   No.  Actually, sir, there is something he said that made

      23   that unclear to me in fact.

      24   Q   Is your answer then no, he didn't say that?

      25   A   No, sir.  I am saying no --

                                                                    3110

       1   Q   The question that I gave --

       2            MR. FITZGERALD:  Objection.

       3            THE COURT:  Let him answer.

       4   Q   The question that I --

       5            THE COURT:  Let him answer.

       6            MR. SCHMIDT:  He was not responsive to my question.

       7            THE COURT:  Please.

       8            MR. FITZGERALD:  Move to strike.

       9            THE COURT:  Stricken.  Had you finished your answer?

      10            THE WITNESS:  Yes, sir.

      11            THE COURT:  All right.

      12   Q   Did he say to you that he did not think committed Muslims

      13   like Usama Bin Laden carried out the bombings?

      14   A   That was part of the answer, yes, sir.

      15   Q   Was part of the answer that it would be inevitable that

      16   innocent women and children would be killed and injured in

      17   that bombing because of the location?

      18   A   That's not the way it was phrased but the substance is

      19   there.

      20   Q   Did you ask him or make a statement concerning Mr. Bin

      21   Laden's right to attack innocent people?

      22   A   Yes, sir.

      23   Q   Do you recall what you said to Mr. El Hage?

      24   A   I said would you agree with the statement that if Usama

      25   Bin Laden was responsible that he had no right to attack

                                                                    3111

       1   innocent people?

       2   Q   What did Mr. El Hage say?

       3   A   Mr. El Hage agreed with me.

       4   Q   Did you ask Mr. El Hage why he believed Mr. Bin Laden

       5   hired him?

       6   A   Yes, sir.

       7   Q   Did Mr. El Hage without hesitation tell you that part of

       8   the reason was that he had an American passport and can travel

       9   around the world freely?

      10   A   And buy things for him, yes, sir.

      11   Q   Were you aware at that time that Mr. Bin Laden was in the

      12   Sudan?

      13            MR. FITZGERALD:  Objection to form.

      14            MR. SCHMIDT:  I will rephrase that question.

      15   Q   Did you follow up that question in any way?

      16   A   I am not sure I understand.  Did I follow up what

      17   question?

      18   Q   Did you ask him why it would be important for Mr. Bin

      19   Laden to have somebody able to travel around?

      20   A   No, I don't believe I followed up on that, sir.

      21   Q   You didn't ask him, were you aware that it was difficult

      22   for people with Sudanese or passports of some Middle Eastern

      23   countries to travel around the world at that time?

      24   A   No, I didn't follow up on that, sir.

      25   Q   You told us that you showed him some photographs; is that

                                                                    3112

       1   correct?

       2   A   That is correct, sir.

       3   Q   Could you pronounce the word spelled H-O-U-E-D?

       4   A   Hoday.

       5   Q   Is that the name of the person that you asked Mr. El Hage

       6   if he knew?

       7   A   I think it was pronounced Odeh when I said it to him

       8   originally.

       9   Q   Did you spell it "Hoday" in your report?

      10   A   I believe I had that in parentheses, yes, sir.

      11   Q   I am going to ask you to look at 3586-1 at page 5, where I

      12   made brackets.  Please read it to yourself.  May I approach

      13   the witness, your Honor?

      14   A   Sure.

      15   Q   Now do you recall which of the words that you had in

      16   brackets?

      17   A   Yes, sir.  It says on the report Odeh is in brackets in

      18   that instance.

      19   Q   And the word that is not in brackets is "Hoday"; isn't

      20   that right?

      21   A   That is correct, sir.

      22   Q   You also indicated that when you showed him the

      23   photographs -- withdrawn.

      24            Do you know when those photographs were taken?

      25   A   No, I don't, sir.

                                                                    3113

       1   Q   Were you aware that the individual in the photographs had

       2   a substantial beard prior to his arrest?

       3   A   I was not familiar with that individual, sir, prior to the

       4   interview.

       5   Q   Did you talk to Mr. El Hage, ask Mr. El Hage how he ended

       6   up in Nairobi?

       7   A   Yes, sir.

       8   Q   Did he tell you when he came to Nairobi?

       9   A   Approximately, sir, yes.

      10   Q   Was that May of 1994?

      11   A   I think that is correct, sir.

      12   Q   Would you like to review your notes to be sure?

      13   A   Sure.

      14   Q   I show you 3586-2.

      15            Does that refresh your recollection?

      16   A   Yes, sir.

      17   Q   When did he tell you he came to Nairobi?

      18   A   It says up to '94, May.

      19   Q   Up to '94 May worked for Bin Laden in Khartoum, is that

      20   correct?

      21   A   Yes, sir.

      22   Q   Did Mr. El Hage explain to you that his wife was unhappy

      23   in Khartoum and he wanted to leave Khartoum?

      24   A   Yes, sir.

      25   Q   And that he received an opportunity to open an office of a

                                                                    3114

       1   nongovernmental organization in Africa?

       2   A   Yes, sir.

       3   Q   Did he tell you who gave him that opportunity?

       4   A   He didn't identify individuals in particular.  He said

       5   when he traveled to Germany and visited the Islamic Center,

       6   that the opportunity arose.

       7   Q   Did he explain to you that he went to Nairobi because that

       8   was the most stable country in East Africa, if not Africa?

       9   A   Yes, sir.

      10   Q   Did he openly tell you that he knew a person named Harun?

      11   A   Yes, sir.

      12   Q   And he told you that in fact he was Harun's boss when he

      13   opened the nongovernmental agency Help Africa People; isn't

      14   that right?

      15   A   I don't think that is correct, sir.  He didn't say when he

      16   opened it.  He said that he was his boss, that's correct.  But

      17   he said that he previously worked for another nongovernmental

      18   organization prior to coming to the Help Africa People.

      19   Q   And it was clear in that conversation that Harun worked

      20   for this other agency and then came to work for his agency.

      21   A   That's correct, sir.

      22   Q   And he told you that he sent Harun to Somalia?

      23   A   Yes, sir.

      24   Q   And that one of the reasons that he hired Harun was

      25   because he was able to go to Somalia and help the relief

                                                                    3115

       1   agencies in Somalia.

       2   A   I don't think he said he hired him for that reason.  He

       3   previous employer, his being Harun's, Sheikh Adam, or Ahmed

       4   Tawhil, gave that piece of advice to El Hage, saying that

       5   Harun was good at getting information on Somalia.

       6   Q   In the course of the conversation, it was clear to you

       7   that that was a factor in hiring Harun?

       8   A   I am not sure it was a factor or not, sir.  I didn't think

       9   of it at the time.

      10   Q   Did Mr. El Hage tell you without hesitation that Harun

      11   lived at times with his family in Nairobi?  Let me rephrase

      12   that.

      13            Did Mr. El Hage tell you that Mr. Harun lived with

      14   Mr. El Hage's family in Nairobi at times?

      15   A   Yes, sir.

      16   Q   He also told you that Mr. Harun's wife lived in Mombasa;

      17   is that right?

      18   A   Yes, sir.

      19   Q   And that Harun traveled to Mombasa to spend time with his

      20   wife as well; is that right?

      21   A   Yes, sir.

      22   Q   And he said to you, Mr. El Hage, that he visited Mr. Harun

      23   in Mombasa, right?

      24   A   Yes, sir.

      25   Q   He also explained to you that when he was traveling, when

                                                                    3116

       1   Mr. El Hage was traveling, that either Harun and his wife

       2   would come up and stay with his wife, April Ray and the

       3   family, or sometimes another person and his wife would come up

       4   and stay there; is that right?

       5   A   I recall him saying that, yes, he would bring up his wife

       6   from Mombasa and they would stay at the El Hage residence

       7   while Mr. El Hage was absent.

       8   Q   Were you aware of any reports about fraudulent passports

       9   or visas in Kenya?

      10   A   No, sir, I don't recall that.

      11   Q   So you didn't ask Mr. El Hage about fraudulent passports

      12   or visas, right?

      13   A   No, sir, not that I recall.

      14   Q   Mr. El Hage told you that Harun was trying to get Kenyan

      15   papers for himself, right?

      16   A   That is correct, sir.

      17   Q   He didn't make a secret of that, he didn't try to hide

      18   that, he openly told you that, right?

      19   A   Yes, sir.

      20   Q   He also told you that Harun told him in September of 1997

      21   that his mother, being Harun's mother, was ill in the Comoros

      22   Islands, and that he, Harun, was going to be going there to

      23   see his mother; is that correct?

      24   A   That is correct, sir.

      25   Q   And he said that was the last time that he saw Harun; is

                                                                    3117

       1   that right?

       2   A   That's correct, sir.

       3   Q   He also told you that Harun took computer lessons,

       4   computer courses; is that right?

       5   A   Yes, sir.

       6   Q   And was good at the computer.

       7   A   I don't know if he said he was good at the computer.

       8   Q   He also said that he sent Harun to the scene of the

       9   ferryboat accident; is that right?

      10   A   Yes, sir.

      11   Q   Did you ever ask Mr. El Hage if he went to Somalia?

      12   A   Yes, sir.

      13   Q   Did Mr. El Hage tell you that he went to the area of

      14   Somalia around Mandera?

      15   A   Yes, sir.

      16   Q   Do you know where Mandera is?

      17   A   No, I don't, sir.

      18   Q   There was also some conversation concerning a place called

      19   Luq.

      20   A   Is there a question with that, sir?

      21   Q   Did you have a conversation with Mr. El Hage at all

      22   concerning a place called Luq?

      23   A   Yes, sir, that came up.

      24   Q   Did that come up by a question of yours or did Mr. El Hage

      25   raise that, or don't you remember?

                                                                    3118

       1   A   No, sir, that would have been a question of Special Agent

       2   Coleman.  I was not familiar with Luq.

       3   Q   The question about Somalia probably came from Agent

       4   Coleman as well.

       5   A   The majority of the questions at the second interview in

       6   the FBI office did, sir.

       7   Q   Are you aware of what documents or FBI reports that Agent

       8   Coleman was familiar with?

       9            MR. FITZGERALD:  Objection.

      10            THE COURT:  Was he aware of what Agent Coleman --

      11   yes, sustained.

      12   Q   Agent Coleman took on the lion's share of the questioning

      13   of Mr. El Hage because he knew more about the case than you

      14   did, right?

      15   A   Yes, sir.

      16   Q   In fact, he was one of the case agents, wasn't he?

      17   A   Yes, sir.

      18   Q   And as a case agent he would be familiar with all of the

      19   prior 302's prepared -- excuse me -- all the prior reports

      20   prepared by the FBI in the case; is that correct?

      21            MR. FITZGERALD:  Objection, your Honor.

      22            THE COURT:  Sustained.

      23   Q   As a case agent, a case agent would be aware of all the

      24   prior FBI reports on the case, wouldn't he?

      25            MR. FITZGERALD:  Objection.

                                                                    3119

       1            THE COURT:  Sustained.

       2   Q   Have you ever been a case agent on a case?

       3   A   Yes, sir, I have.

       4   Q   On the case that you were a case agent, you familiarize

       5   yourself with all the reports on a case?

       6            MR. FITZGERALD:  Objection.  Same objection.

       7            THE COURT:  You can ask him what he understands the

       8   role of a case agent to be.

       9   Q   Is it the role of a case agent to be aware of all of the

      10   information gathered by the agency about a case?

      11   A   Being a case agent presently, sir, I don't know that the

      12   word all is good.  You try to, obviously, absorb as much as

      13   you can.

      14   Q   If you are going to be interviewing a witness as a case

      15   agent, you would certainly absorb or read all the reports

      16   concerning that witness, wouldn't you?

      17            MR. FITZGERALD:  Objection.

      18            THE COURT:  Several objections.  One is the witness's

      19   objection to all, and I sustain the objection on that ground.

      20   In any event, I think we should move on.

      21   Q   Do you recall Mr. El Hage saying that he was aware that

      22   the town of Luq was attacked by Ethiopians?

      23   A   Yes, sir.

      24   Q   And he was aware that the Mercy International had a

      25   presence in Luq, orphanages, a school and a hospital?

                                                                    3120

       1   A   No, I don't recall that, sir.  I thought he said the Mercy

       2   International office in Mandera, but I would have to review

       3   the notes to be clear on that.

       4   Q   I didn't say where the office was but they had a presence.

       5   A   I wasn't aware that they had a presence there, sir.

       6   Q   Who asked the question concerning Ahmed Tawhil?  Was that

       7   Agent Coleman?

       8   A   Yes, sir.

       9   Q   Did Mr. El Hage tell you and Agent Coleman what Ahmed

      10   Tawhil's full name was?

      11   A   I think he did tell us the full name.

      12   Q   Do you recall what the full name is of Mr. Ahmed Tawhil?

      13   A   It's my understanding that he is Ahmed Sheikh Adam.

      14   Q   Adam or Adan?  With an M or N at the end?

      15   A   M as in Michael.

      16   Q   Did Mr. El Hage tell you and Agent Coleman that he in fact

      17   introduced Ahmed Tawhil to Madani al Tayyib?

      18   A   I am not clear on that point, sir.  I would have to review

      19   the 302.

      20   Q   Do you recall if Agent Coleman asked, or you asked a

      21   question concerning Madani al Tayyib?

      22   A   I am sure it wasn't me, sir, because I wasn't familiar

      23   with that individual.

      24            MR. SCHMIDT:  If I may, your Honor, approach the

      25   witness with 3586-2, page 4.

                                                                    3121

       1            THE COURT:  Yes.

       2   Q   Does that refresh your recollection?

       3   A   Yes, sir.

       4   Q   Did El Hage tell you and Agent Coleman that he in fact

       5   introduced Ahmed Tawhil to Madani al Tayyib?

       6   A   Yes, sir.

       7   Q   Did he tell you that he had a conversation in August with

       8   Ahmed Tawhil concerning doing deals for tires and old cars as

       9   well as his personal --

      10   A   Sir, I am not clear that that was 1994.

      11   Q   Excuse me.  You say you don't know that it was 1994?

      12   A   You are saying if there was a conversation in August 1994?

      13   Q   No, August 1998.

      14   A   Yes, sir, he did have a conversation at that time but not

      15   in 1994, to my knowledge.

      16   Q   Either you misunderstood or if I misspoke, I apologize.

      17   You are talking about a conversation recently.

      18   A   Sir, it was approximately a month prior to the interview.

      19   Q   And that was about both personal things because he knew

      20   Ahmed Tawhil, and trying to do a deal for tires and cars; is

      21   that correct?

      22   A   Yes, sir.

      23   Q   And you were aware where Mr. El Hage worked at the time of

      24   the interview, weren't you?

      25   A   Yes, sir.

                                                                    3122

       1   Q   Where was that?

       2   A   Lone Star Tires, sir.

       3   Q   It's a tire store, right?

       4   A   Yes, sir.

       5   Q   Sells tires.

       6   A   Yes, sir.

       7   Q   Mr. El Hage also told you that shortly or almost

       8   immediately after the bombing he tried to reach his friend

       9   Salim Chichi, who was in the Criminal Investigation Division

      10   in Nairobi; isn't it correct?

      11   A   No, sir, he just used the word Salim.  I am not familiar

      12   with that last name you just used.

      13   Q   But he told you that Salim was a member of the Criminal

      14   Investigation Division of the Kenyan police department.

      15   A   That is correct, sir.

      16   Q   And he was concerned because he worked in a building near

      17   the embassy.

      18   A   Yes, sir, a bank.

      19   Q   And that Mr. Salim was a good Muslim that he knew from

      20   Nairobi.

      21   A   Yes, sir.

      22   Q   Did either you or Agent Coleman ask Mr. El Hage about

      23   secret meetings that Mr. Bin Laden had while he was in

      24   Khartoum?

      25   A   No, sir, I don't think we asked that question.  I know

                                                                    3123

       1   there was an answer involving aspects of what you just said.

       2   I don't know how that was raised, though.

       3   Q   At some point Mr. El Hage explained to you that he was

       4   aware of the existence if not the substance of secret meetings

       5   that Mr. Bin Laden had with other people; is that right?

       6   A   Yes, sir.

       7   Q   But you don't recall what question elicited that

       8   information; is that what your testimony is?

       9   A   Yes, sir.

      10   Q   When he explained why he understood -- he explained that

      11   to you and Agent Coleman; is that right?

      12   A   That is correct, sir.

      13   Q   Are you aware of Mr. El Hage's explanation of his

      14   awareness of secret meetings back in an interview that he had

      15   with your office in 1997?

      16            MR. FITZGERALD:  Objection.

      17            THE COURT:  Sustained as to the form.  It is not a

      18   clear question.

      19   Q   Were you aware that Agent Coleman had a conversation with

      20   Mr. El Hage in 1997 about secret meetings?

      21   A   Sir, I wasn't at the Dallas division in 1997, nor am I

      22   aware of the substance of any discussions he had with him.

      23   Q   So Agent Coleman didn't explain any of that to you?

      24   A   No, sir.

      25   Q   After Mr. El Hage indicated his awareness of the existence

                                                                    3124

       1   of secret meetings but not the substance of it, did you or

       2   Agent Coleman ask him a followup question?

       3   A   No, sir.

       4   Q   So when you said he did not provide any further details

       5   concerning it, it is because you didn't ask him any further

       6   questions; is that right?

       7            MR. FITZGERALD:  Objection to form.

       8            THE COURT:  You may answer.

       9   A   That is correct, sir.

      10   Q   You also discussed with Mr. El Hage about gemstones; is

      11   that right?

      12   A   Yes, sir.

      13   Q   Do you recall how that was raised?

      14   A   That was part of his answer in response to the question

      15   about why he returned to the United States, and he first began

      16   by saying I originally wanted to go back to Pakistan to do a

      17   gemstone business.  That's how that evolved.

      18   Q   He was talking about trying to do a gemstone deal with the

      19   Taliban, the rulers of most of Afghanistan at that time; is

      20   that correct?

      21   A   Yes, sir.

      22   Q   And he was hoping that that would be a very substantial

      23   deal and he would be able to make a substantial amount of

      24   money in the gemstone business with the Taliban; is that

      25   right?

                                                                    3125

       1   A   I am not sure, sir, how substantial it was.  I don't

       2   recall details about the money involved or how big the deal

       3   was.

       4   Q   Did he talk to you about how the stones were going to be

       5   shipped to Hong Kong and China?

       6   A   Yes, he talked about that.

       7   Q   Did he talk about his partner in that, Mohamed Ali?

       8   A   I don't recall his name being used in that context, sir.

       9   Q   Do you recall him using the name Mohamed Ali as a person

      10   involved in the gemstone business?

      11   A   I am sorry.  Could you rephrase that.  Did you say would

      12   you or could you recall?

      13   Q   Do you recall Mr. El Hage mentioning the name Mohamed Ali

      14   as a person who was involved in the gemstone business?

      15   A   I don't, sir.

      16   Q   Do you recall him talking about Mohamed Ali traveling to

      17   places like Hong Kong and Malaysia in relation to gemstones?

      18   A   No, sir, I don't.

      19   Q   I am going to ask you to look at page 3586-2, page 4.

      20            Having reviewed that document, does that refresh your

      21   recollection that Mr. El Hage mentioned Mohamed Ali as a

      22   person involved in stones?

      23   A   Sir, I think you are misinterpreting my notes.  It simply

      24   says visited Mohamed Ali.  I am not sure there is any

      25   reference to actually him being involved in the stone

                                                                    3126

       1   business.

       2   Q   Then the line right next to visited Mohamed Ali, traveled

       3   in stone business travels to Malaysia and Hong Kong?

       4   A   Sir, that's a subpoint to Abu Zubaida, I believe.  That is

       5   why I am saying I am not sure there is any reference to

       6   Mohamed Ali and stone business.

       7   Q   What was the reference to Mohamed Ali?

       8   A   The note says, sir, visited Mohamed Ali.

       9   Q   Do you have any recollection presently of what that means?

      10   A   It probably has a reference to that individual there by

      11   the last name Zubaida, since it is on the same line, but I

      12   don't recall the exact circumstances, sir.

      13   Q   Did Mr. El Hage tell you that he did traveling, for

      14   example, to Tanzania and Zambia?

      15   A   Yes, sir, I do recall that.

      16   Q   And he also told you that he traveled to Slovakia for Bin

      17   Laden while he was in Kenya; isn't that right?

      18   A   I recall him saying he did a tractor deal, or for tractor

      19   parts in Slovakia.  I am not sure about the travel part.

      20   That's probably in my 302, though.

      21   Q   That was a discussion that he had with talking to Mr. Bin

      22   Laden about getting spare parts for the tractor.

      23   A   Yes, sir.

      24   Q   He also told you about his bank accounts and the bank

      25   accounts he used for Mr. Bin Laden; is that right?

                                                                    3127

       1   A   He told me about a bank account in Vienna with Bin Laden

       2   money, and he told me about a Kenyan bank account.

       3   Q   For his own money.

       4   A   Yes, sir.

       5   Q   When Mr. El Hage told you that he thought that he would be

       6   harassed by the Kenyan authorities as a result of his

       7   involvement with the US government interrogation in Nairobi,

       8   did you or Agent Coleman ask him to explain that?

       9   A   Sir, he didn't actually say what you just posed in your

      10   question.  I think he said he was afraid of being continually

      11   harassed after the FBI Kenyan search or the US Kenyan search.

      12   Q   After that statement, did you or Agent Coleman ask him to

      13   further explain that?

      14   A   I am sure we probably did, sir.

      15   Q   Do you recall what his response was to that?

      16   A   Yes, sir.

      17   Q   What was his response to him being concerned about the

      18   Kenyans?

      19   A   He said he was afraid of the Kenyan government, along with

      20   a couple of other governments he mentioned as well.

      21   Q   Did he say why he was afraid of the Kenyan government -- I

      22   will withdraw that question.

      23            Did you or Agent Coleman ask him why he was afraid of

      24   the Kenyan government?

      25   A   I don't recall asking the question, sir.

                                                                    3128

       1   Q   Do you recall Agent Coleman asking him the question?

       2   A   No, I don't.

       3   Q   Were you aware that Mr. El Hage previously told Agent

       4   Coleman as to what his fear was of the Kenyan government?

       5            MR. FITZGERALD:  Objection, your Honor.

       6            THE COURT:  Sustained, sustained.

       7   Q   You answered on direct examination concerning Mr. El

       8   Hage -- withdrawn.

       9            You indicated on direct examination -- withdrawn.

      10            You asked Mr. El Hage on direct examination whether

      11   or not he felt threatened by anyone.  Do you recall that?

      12            MR. FITZGERALD:  Objection to form.

      13            THE COURT:  Yes.  It is somewhat garbled.

      14   Q   Do you recall being asked by the government did Mr. El

      15   Hage indicate whether or not he felt threatened by anyone at

      16   the time of your interview in August of 1998?  Do you remember

      17   that?

      18   A   Yes, sir, I do.

      19   Q   Mr. El Hage in fact answered that he did not think so and

      20   he is not sure if there is a threat.  Isn't that the words he

      21   used?

      22   A   I think that is correct, sir.

      23   Q   During the time that you spoke with Mr. El Hage, did he

      24   stop the interview for a prayer break?

      25   A   In the second interview that night, sir, I recall that he

                                                                    3129

       1   stopped at approximately 9:45 for a prayer break.

       2   Q   Did he offer to bring some reading material to you in the

       3   evening concerning Islam, for you to be more aware of his

       4   Islam religion?

       5   A   I am not sure if it was in the evening.  I know at the end

       6   of the first interview at his home he said he would like to

       7   talk to me again about Islam.

       8   Q   It was clear that he appeared to you to be a devout

       9   Muslim.

      10   A   Yes, sir.

      11            MR. SCHMIDT:  I have no further questions.

      12            MR. RICCO:  Your Honor, I have some questions.

      13            THE COURT:  Yes, Mr. Ricco on behalf of the defendant

      14   Odeh.

      15            MR. RICCO:  Thank you.

      16   CROSS-EXAMINATION

      17   BY MR. RICCO:

      18   Q   Good afternoon, sir.

      19   A   Good afternoon.

      20   Q   I just have a few questions I would like to ask you.  I

      21   think you said to us that if you had taped this interview,

      22   meaning the interview with Mr. El Hage, I think you said you

      23   would have been violating FBI policy.

      24   A   That is correct, sir.

      25   Q   So your testimony is that there is an FBI policy which

                                                                    3130

       1   prohibits or discourages you from tape recording the

       2   interviews?

       3   A   I think that is correct, sir.

       4   Q   Is that a written policy?

       5   A   It probably is, sir, because most policies are.

       6   Q   And that policy was communicated to you when you were

       7   trained?

       8   A   That is probably where I learned that, sir, yes.

       9   Q   When you went to Mr. El Hage's apartment you were there as

      10   part of an investigation, right?

      11   A   Yes, sir.

      12   Q   The purpose of it was to get information directly from

      13   him, correct?

      14   A   No, sir.  In fact, my job was simply to interview April

      15   Ray, his wife.  I was not supposed to interview El Hage at any

      16   time.  He simply came home sooner than expected and I was

      17   there.

      18   Q   And you took advantage of the opportunity to interview

      19   Mr. El Hage, right?

      20   A   Sure, he was willing.

      21   Q   OK, and the purpose was to get information from him,

      22   right?

      23   A   Sure.

      24   Q   Information that could be used in the course of an FBI

      25   investigation; isn't that right?

                                                                    3131

       1   A   Yes, sir.

       2   Q   And you are aware that the statements that he gives to you

       3   ultimately become powerful evidence in a courtroom; isn't that

       4   right?

       5   A   I know they could become evidence in a courtroom, sir.

       6   Q   Yes, right?

       7   A   No, sir, I am saying that they could.  Not everything said

       8   to us ends up in a court.  That's all I am saying.

       9   Q   OK, and because of this potential, you wanted to make sure

      10   that what he says to you is accurate; isn't that right?

      11   A   Yes, sir.

      12   Q   Is this the first time you are testifying in a trial?

      13   A   Yes, sir.

      14   Q   When you were trained at the bureau, you were trained that

      15   the FBI has sophisticated methods to conduct an investigation;

      16   isn't that correct?

      17            MR. FITZGERALD:  Objection, scope.

      18            THE COURT:  I will allow it.

      19   A   I am not sure what you mean by sophisticated, but sure.

      20   Q   I will break it down for you.

      21   A   OK.

      22   Q   The FBI has sophisticated equipment that allows it to

      23   conduct an investigation at a bomb scene; isn't that correct?

      24   A   Yes, sir.

      25   Q   Sophisticated equipment that allows it to take latent

                                                                    3132

       1   fingerprints off of objects; isn't that correct?

       2   A   That is correct, sir.

       3   Q   Sophisticated microscopes that are used to detect things

       4   that are not even visible to the eye; isn't that correct?

       5   A   Yes, sir.

       6   Q   And all of that type of equipment is used by you as a

       7   special agent during the course of your investigatory work;

       8   isn't that correct?

       9   A   Yes, sir.

      10   Q   And what you are telling us is that when it comes time to

      11   talking to a person, the most basic form of human

      12   communication, there is FBI policy that says don't use a tape

      13   recorder.

      14            MR. FITZGERALD:  Objection to the form.

      15            THE COURT:  Sustained to the form of the question.

      16            MR. RICCO:  I can do it another way.

      17   Q   The bottom line is what you are telling us is that with

      18   all the FBI training, you would have been violating an FBI

      19   policy by turning on a tape recording machine and tape

      20   recording what Mr. El Hage said to you during that interview.

      21   A   That is my understanding of the policy, sir, yes.

      22            MR. RICCO:  Just a couple more questions, your Honor.

      23   Q   During your direct examination, I think that what you said

      24   is, when you were having a conversation with Mr. El Hage about

      25   Mr. Odeh, I think that you said to us that he either snickered

                                                                    3133

       1   or smirked.

       2   A   The word was snickered, sir.

       3   Q   Was snickered?

       4   A   Yes, sir.

       5   Q   Was he snickering when you showed him the photograph of

       6   Mr. Odeh?

       7   A   I didn't show him any photographs at that time, sir.

       8   Q   At the time the photograph was shown to him, whenever it

       9   was, did he snicker?

      10   A   No, sir.

      11   Q   Can you share with us what the snicker was?  Was it a

      12   cynical snicker?  Was it a friendly snicker?  Can you share

      13   with us what that was?

      14   A   Are you asking for my impression of what he did?

      15   Q   Exactly.

      16   A   My impression was that he was saying what an idiot about

      17   Mr. Odeh.

      18   Q   OK.  And you didn't ask him what was behind that snicker,

      19   did you?

      20   A   No, sir.

      21   Q   So you don't know why he thought that Mr. Odeh was an

      22   idiot.

      23   A   No, sir, I didn't ask him the question.

      24            MR. RICCO:  No further questions.  Thank you very

      25   much.

                                                                    3134

       1            THE COURT:  Anything else?  Redirect?

       2   REDIRECT EXAMINATION

       3   BY MR. FITZGERALD:

       4   Q   Agent Miranda, directing you to the questions by Mr.

       5   Schmidt, the first attorney to examine you this morning, when

       6   he asked you questions about whether or not a committed Muslim

       7   would have carried out the bombings, you indicated that there

       8   was something that he said that confused you.  Can you explain

       9   what it was that Mr. El Hage said that confused you at that

      10   point.

      11   A   Yes, sir.  There is a reference in the notes that says --

      12            MR. SCHMIDT:  Objection, your Honor, to reference in

      13   the notes.  It is memory.

      14            THE COURT:  Do you have an independent recollection?

      15            THE WITNESS:  Yes, sir.

      16   Q   What did he say?

      17   A   He says I don't follow an individual, I follow the

      18   guidance of the Koran, but we would follow him, I would follow

      19   him if he is on the right way.

      20   Q   You were also asked questions about whether or not the

      21   word intelligence was used in the afternoon interview during

      22   which you did not take notes, and you indicated that it may

      23   have been used in the evening interview and you need to check

      24   your 302.  Let me approach with you your report and ask you to

      25   compare pages 4 with 7 and 8.  The report, for identification

                                                                    3135

       1   purposes, is 3586-1, and I will ask you to compare the first

       2   full paragraph on page 4 with the last paragraph on page 7

       3   overlapping onto page 8, and see if that helps you remember if

       4   intelligence was used in the afternoon or the evening

       5   interview.

       6   A   I am done, sir.

       7   Q   When did the word intelligence come up?  During which

       8   interview, the afternoon or the evening?

       9   A   The evening interview, sir.

      10   Q   Mr. Schmidt asked you questions about the fact that you

      11   used the word hatred in referring to Usama Bin Laden's view of

      12   the United States in your questions.  Do you recall those

      13   questions?

      14   A   Yes, sir.

      15   Q   In any of the responses by Mr. El Hage did he ever

      16   indicate to you that in way, shape or form you were inaccurate

      17   in describing Mr. Bin Laden's views of America?

      18   A   No, sir.

      19   Q   Mr. Schmidt asked you a number of questions about whether

      20   Mr. El Hage was cooperative and open during the course of the

      21   interviews in the afternoon and evening of August 20.  Do you

      22   recall those questions?

      23   A   Yes, sir.

      24   Q   During the interview, did Mr. El Hage ever tell you that

      25   in fact Abu Ubaidah al Banshiri had drowned in that ferry

                                                                    3136

       1   accident?

       2   A   No, sir.

       3            MR. SCHMIDT:  Objection, your Honor.  It is not

       4   proper redirect.

       5            THE COURT:  Is this related to something that was

       6   raised on cross?

       7            MR. FITZGERALD:  Your Honor, regarding the issue

       8   whether he was cooperative and open.

       9            THE COURT:  Very well, I will allow it.

      10   Q   What did Mr. El Hage tell you during the interview about

      11   whether he had ever seen Usama Bin Laden since 1994?

      12   A   He said he hadn't.

      13   Q   Did he ever indicate to you --

      14            MR. SCHMIDT:  Objection.  This was on direct

      15   examination, your Honor, it is not proper redirect.

      16            THE COURT:  Overruled.

      17   Q   Did he ever indicate to you that he had met with Usama Bin

      18   Laden in Afghanistan in 1997?

      19   A   No, sir, that never came up.

      20   Q   What did Mr. El Hage tell you about whether or not he ever

      21   had telephonic contact with Usama Bin Laden after Usama Bin

      22   Laden left the Sudan?

      23   A   He said there was none.

      24   Q   What did he tell you about whether or not he knew whether

      25   Harun had any knowledge or acquaintance with Usama Bin Laden?

                                                                    3137

       1   A   He said he did not know.

       2   Q   When you asked him if he had a telephone number for Usama

       3   Bin Laden, what did he say?

       4   A   He said he did not know.

       5   Q   When you asked him how he would get in touch with Usama

       6   Bin Laden, what did he tell you he would have to do to contact

       7   Usama Bin Laden?

       8   A   He said he would have to fly to Pakistan, visit the

       9   Taliban embassy, tell them who he is, and then the Taliban

      10   would send people out who could put him in touch.

      11   Q   Did he ever tell you that all he had to do was dial the

      12   number 87368505331?

      13            MR. SCHMIDT:  Objection, your Honor.

      14            THE COURT:  Overruled.

      15   A   No, he did not.

      16   Q   Did he ever tell you that he had passed the telephone

      17   number 87368505331 to Harun?

      18   A   No, he did not, sir.

      19   Q   Did you ask him during the interview whether he knew any

      20   people in Kenya who were acquainted with Usama Bin Laden?

      21   A   Yes, sir, I asked Kenya and Tanzania and the US as well.

      22   Q   What did he say about whether he knew people in those

      23   countries who knew Usama Bin Laden?

      24   A   He said he didn't, sir.

      25   Q   Did he ever indicate to you that he brought a policy back

                                                                    3138

       1   from Afghanistan in 1997 from Usama Bin Laden to people in

       2   Kenya?

       3   A   No, sir, he did not.

       4   Q   Did he ever indicate to you that he knew people who knew

       5   Usama Bin Laden in California?

       6   A   No, sir, he did not.

       7   Q   Did he ever indicate to you that he knew people who knew

       8   Usama Bin Laden in Florida?

       9   A   No, sir, he did not.

      10   Q   Did he ever mention the name Ali Mohamed to you?

      11   A   There is Mohamed Ali that I recall from my notes but I

      12   don't recall Ali Mohamed.

      13            MR. SCHMIDT:  Your Honor, I object.  This is asking

      14   if he raised this issue on his own.

      15            THE COURT:  Sustained.

      16   Q   When you asked him if he knew any people in the United

      17   States who knew Usama Bin Laden, what did he tell you?

      18   A   He said he did not know, sir.

      19            MR. FITZGERALD:  No further questions.

      20            MR. SCHMIDT:  I have a few.

      21   RECROSS-EXAMINATION

      22   BY MR. SCHMIDT:

      23   Q   Mr. Fitzgerald asked you lots of questions about what

      24   Mr. El Hage did not answer.  Related to that, were you aware

      25   that he answered many of those same questions directed to him

                                                                    3139

       1   in 1997 in the grand jury and to Agent Coleman?

       2            MR. FITZGERALD:  Objection.

       3            THE COURT:  Overruled.

       4   A   Sir, as I said before, I had no knowledge of what happened

       5   in 1997 involving the FBI and Mr. El Hage.

       6   Q   Mr. El Hage, both in the morning and in the afternoon,

       7   told you that --

       8            THE COURT:  In the afternoon and evening?

       9   Q   -- both in the afternoon and the evening told you that

      10   Mr. Bin Laden does not have the right to kill innocent people;

      11   is that correct?

      12   A   Yes, sir.

      13   Q   And that he, meaning Mr. El Hage, follows the book, the

      14   Koran, and not an individual; is that correct?

      15   A   Yes, sir.

      16   Q   But if an individual is doing the right thing, that he

      17   would follow the individual.  Isn't that what he said?

      18   A   His words were is on the right way.

      19   Q   That's correct, right?  According to what he believed the

      20   right way was according to the Koran; is that right?

      21   A   He didn't explain that comment further, sir, but.

      22   Q   It was pretty clear, isn't that correct?

      23   A   I don't know if it's pretty clear, but he said simply he

      24   could follow him if he was on the right way.

      25   Q   And it's pretty clear based on your conversation that

                                                                    3140

       1   killing innocent people was not the right way; isn't that

       2   correct?

       3            MR. FITZGERALD:  Objection.

       4            THE COURT:  Yes, sustained.

       5            MR. SCHMIDT:  Nothing further.

       6            THE COURT:  Anything further?

       7            MR. RICCO:  No, sir.

       8            MR. FITZGERALD:  No.

       9            THE COURT:  All right, we will take our luncheon

      10   break and we will resume at 2:15.

      11            THE CLERK:  Court stands in recess until 2:15.

      12            (Luncheon recess)

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3141

       1                  A F T E R N O O N   S E S S I O N

       2                             2:25 p.m.

       3            (In open court; jury present)

       4            THE COURT:  Good afternoon.

       5            THE JURY:  Good afternoon.

       6            THE COURT:  Government may call its next witness.

       7            MR. FITZGERALD:  The government calls Abigail Seda,

       8   S-E-D-A.

       9    ABIGAIL SEDA,

      10        called as a witness by the government,

      11        having been duly sworn, testified as follows:

      12            DEPUTY CLERK:  Please be seated.  Please state your

      13   full name.

      14            THE WITNESS:  Abigail Seda, SED, as in David, A.

      15   DIRECT EXAMINATION

      16            MR. FITZGERALD:  Your Honor, before we begin the

      17   questions of the witness, I would like to display three

      18   exhibits.  First, Government Exhibit 4, already received in

      19   evidence, at page 12; and then using the Elmo, I would like to

      20   display what was previously received in evidence during the

      21   testimony of Agent Coleman, Government Exhibit 305, and if we

      22   can display the inside cover and then the entry page under I

      23   for the record that's Government Exhibit 305.  The United

      24   States cover just reading the card it says Nanhar Trading,

      25   Wadih El Hage, director, and then turning to the page in that

                                                                    3142

       1   same exhibit under "I" and focusing on the last entry on the

       2   page --

       3            THE COURT:  The last entry on which page?

       4            MR. FITZGERALD:  On the page on the right.  And I'll

       5   read Ihab M. Ali, 4627 Calendula Dr., Orlando, FL, 32809.  And

       6   then also displaying on the overhead projector, Government

       7   Exhibit 304, received during the Agent Coleman's testimony and

       8   one page -- Government Exhibit 304, and the 13th page, and

       9   reading the entry in the middle, Ihab Ali, 407-363-6981.

      10            I'll hand up to Ms. Seda what was previously received

      11   in evidence as Government Exhibit 451A, 451B, and I'll ask Ms.

      12   Seda to read into the record the name and address listed on

      13   451B.

      14   A   451B, Yusr Ali, Y-U-S-R, 4627 Calendula Dr., Orlando

      15   Florida, 32839.

      16   Q   And is there a phone number listed on those records?

      17   A   Yes, there is.  Area code 407-363-6981.

      18   Q   I'll approach the witness with what has been he premarked

      19   as Government Exhibit 451 for identification.

      20            Ms. Seda, have you reviewed the chart marked

      21   Government Exhibit 451C?

      22   A   Yes, I have.

      23   Q   What does that chart list?

      24   A   It lists dates and times of phone calls from the phone

      25   bills.

                                                                    3143

       1   Q   What is the number -- strike that.  The calls listed there

       2   are from which telephone number?

       3   A   From telephone number 407-363-6981.

       4   Q   And the calls are to which telephone number?

       5   A   To phone number 254820067.

       6   Q   And is it fair to say -- the dates listed in the left

       7   column are the dates of the telephone bills?

       8   A   Yes.

       9   Q   And the times listed under local time for the telephone

      10   bills?

      11   A   Yes.

      12   Q   What is the local time for this chart from this telephone

      13   bill?

      14   A   For this chart it would be the local time for Florida.

      15   Q   And next to that it says "length of call"?

      16   A   Yes.

      17   Q   And what would that reflect?

      18   A   That would reflect the amount of minutes of the call.

      19   Q   And does the chart 451C accurately reflect the entries in

      20   the telephone bills for calls between the number in Florida to

      21   the other number as reflected on those bills?

      22   A   Yes.

      23            MR. FITZGERALD:  Your Honor, I would offer the chart,

      24   Government Exhibit 451C, and also ask for the instruction.

      25            THE COURT:  Yes.  It's received.

                                                                    3144

       1            (Government Exhibit 451C received in evidence)

       2            THE COURT:  A couple of things I want you to bear in

       3   mind with respect to this chart.  First of all, this is

       4   information which is derived from the telephone bills and it

       5   is just a summary of what appears on the telephone bills and

       6   doesn't purport to be anything more.

       7            With respect to the subscriber, that is an indication

       8   that the telephone in question was listed under the subscriber

       9   Wadih El Hage.  It does not tell us who was speaking in that

      10   telephone call, and with respect to that issue, we will have

      11   to rely on other information.

      12            MR. FITZGERALD:  Thank you, Judge.

      13            I'll approach the witness with what has been received

      14   in evidence previously as Government Exhibit 621B during the

      15   testimony of Agent Bush.

      16   Q   I would ask Ms. Seda to read into the record the name

      17   listed on those bills and the phone number.

      18   A   The name is Wadih Elias El Hage and the phone number is

      19   820067.

      20   Q   I'll approach you with another chart, and that chart is

      21   marked 658C for identification, and I'll ask you if that is a

      22   chart prepared from those telephone bills.

      23   A   Yes, it is.

      24   Q   And what does this chart reflect?

      25   A   It reflects the phone calls made from 254820067 to the

                                                                    3145

       1   phone number 4073636981.

       2   Q   And again, does it reflect a date and the local time of

       3   those calls?

       4   A   Yes, it does.

       5   Q   For this chart what would the local time refer to?

       6   A   The local time would refer to Kenya, Nairobi.

       7   Q   And the next column says the "length of the calls," for

       8   example, at one point it says 4.24, what does that refer to?

       9   A   Four minutes and 24 seconds.

      10   Q   So the number after the decimal point would refer to

      11   seconds?

      12   A   Yes, it does.

      13   Q   Is this a fair and accurate chart of the phone calls

      14   reflected between the number in Kenya, 254820067, to the

      15   Florida number as appearing on those bills in front of you,

      16   Government Exhibit 621B?

      17   A   Yes.

      18            MR. FITZGERALD:  Your Honor, I would offer Government

      19   Exhibit 658C.

      20            THE COURT:  Yes, it's received and my same

      21   instruction applies to this as well.

      22            (Government Exhibit 658C received in evidence)

      23            MR. FITZGERALD:  I have no further questions of this

      24   witness.

      25            THE COURT:  Anything of this witness?

                                                                    3146

       1            Thank you, ma'am.  You may step down.

       2            (Witness excused)

       3            MR. FITZGERALD:  Your Honor, at this time I would

       4   like to display the following exhibits:  Government Exhibit --

       5   first I would like to display Government Exhibit 632A and just

       6   noting the English February 21, 1997, and at the bottom, "I

       7   waiting for your reply," with a signature beneath.  And if we

       8   could now display 632AT, and just reading the translation.

       9            (Government Exhibit 632AT read)

      10            MR. FITZGERALD:  I would next like to display

      11   Government Exhibit 615A and read that into the record.

      12            (Government Exhibit 615A read)

      13            MR. FITZGERALD:  If we could then return to the first

      14   page of that same document and focus on the upper left-hand

      15   corner and magnify the header.  If I could read:  "February

      16   26, '97, 12:16 a.m."  If we could do the same thing with the

      17   second page:  "February 26th, '97, 12:18 a.m."

      18            Now if I could display Government Exhibit 632D.

      19            Before I do that, can I read the entry from the chart

      20   we just admitted, Government Exhibit 451C, the record of calls

      21   from 4073636981 to the number 254820067 which reflects an

      22   entry for February 26th, 1997 at 12:20 a.m.

      23            I would now display Government Exhibit 632D and

      24   632DT.  At the bottom, if we could focus on that for the

      25   moment, and reading aloud.

                                                                    3147

       1            (Government Exhibit 632D-T read)

       2            MR. FITZGERALD:  If we could now go to the top of the

       3   page to focus on the header, upper left-hand corner,

       4   indicating March 9, 1997 at 10:54 a.m., and then if I could

       5   read from the exhibit just received, 451C, the chart of

       6   telephone calls from 407-363-6981 to the number in Kenya,

       7   254820067, and the entry is for March 9, '97, an entry of

       8   10:55 a.m. for one minute to the number subscribed to by Wadih

       9   El Hage, and the same March 9, '97, an entry at 10:57 for one

      10   minute.

      11            If we could now display Government Exhibit 435 and if

      12   we could also display Government Exhibit 435T.  And I'll read

      13   aloud this exhibit.

      14            (Government Exhibit 435-T read)

      15            MR. FITZGERALD:  Next Exhibit I would like to display

      16   is Government Exhibit 439A, 4349A-T -- I'm sorry, 439B.

      17            (Government Exhibit 439A-T read)

      18            MR. FITZGERALD:  Again, the exhibits being read,

      19   439AT, received during the testimony of Agent Bush.

      20            I would also, returning to the original, 439, and

      21   focus in the upper left-hand corner of the header and enlarge

      22   it and read aloud:  June 28, '97, 4:55 p.m., and then read

      23   from the chart just received in evidence, 451C, which reflects

      24   calls from the Florida number to the Kenya number for an entry

      25   June 28, '97 at 4:57 p.m. for one minute and June 28, '97 at

                                                                    3148

       1   4:59 p.m. for one minute.

       2            And finally, I would like to display Government

       3   Exhibit 624D, and just reading the English, "July 16th,"

       4   "please confirm."  Below, "coffee and tea?"  Below, "answering

       5   machine."

       6            I now display 624D-T, and reading aloud.

       7            (Government Exhibit 624D-T read)

       8            MR. FITZGERALD:  If I could also display the reverse,

       9   the back side of 624D, 624D-T, and read the number written

      10   there, 944076586371.

      11            Now, your Honor, I would like to display some

      12   photographs which were received in evidence during the

      13   testimony of Agent Bush, and the first photograph, number of

      14   photographs was 625, Exhibit 625B.

      15            If you could queue up 625B-1 and if we could compare

      16   that photograph with the photograph previously received in

      17   evidence, Government Exhibit 4, page 9, and read below, Anas

      18   al Liby.

      19            We could now display another photograph from the

      20   testimony of Agent Bush that was received at that time,

      21   Government Exhibit 625B-2, and if we could display on the

      22   right Government Exhibit 4, page 4, and the name below, Saif

      23   al Adel.

      24            If we could now display the third photograph, 625B-3,

      25   and on the right if we could display Government Exhibit 104.

                                                                    3149

       1   And next on the right display Government Exhibit 111.

       2            If we could next display the photograph, the fourth

       3   photograph 625B entered on the computer as 4, and compare the

       4   right, Government Exhibit 114.

       5            And finally, if we could display the fifth photograph

       6   in 625B on the left and Government Exhibit 120 on the right.

       7            And your Honor, at this time, the government would

       8   read in evidence a stipulation concerning Government Exhibit

       9   151:

      10            "It is hereby stipulated and agreed by and between

      11   the United States of America and the defendant Wadih El Hage,

      12   by and with the consent of his attorney as follows:

      13            "1.  That if called to testify as a witness, Tracy

      14   Thompson, an official Grand Jury reporter in the Southern

      15   District of New York, would testify that Government Exhibit

      16   420A and 420B are true and accurate transcriptions of the

      17   proceedings before a Grand Jury in the Southern District of

      18   New York which took place on September 16, 1998.

      19            "It is further stipulated and agreed that the

      20   testimony of page 78, lines 9 and 10, on the morning

      21   transcript should read, 'I saw him a month or two ago in

      22   Arlington.  He moved out of Arlington but was visiting.'

      23            "It is further stipulated and agreed that the company

      24   referred to in the testimony on page 15, lines 9, 10 and 12 of

      25   the afternoon transcript should be spelled Wadi al Aqiq."

                                                                    3150

       1            I think the purpose is to show that the name of

       2   company does not have the first name of Wadih El Hage in it so

       3   there's no confusion.

       4            "It is further stipulated and agreed that this

       5   stipulation may be received in evidence as a government

       6   exhibit at trial."

       7            And your Honor, we would now propose to read the

       8   transcript of Mr. El Hage's testimony before the Grand Jury on

       9   September 16, 1998.

      10            Mr. Francisco and Ms. Seda will read the testimony

      11   and we will display the testimony on the screen.  We will ask

      12   Mr. Francisco and Ms. Seda to read that one sentence as

      13   reflected on the stipulation.

      14            THE COURT:  In the stipulation, of course.

      15            MR. FRANCISCO:  Grand Jury Government Exhibit 428A,

      16   United States Grand Jury, Southern District of New York.

      17   Caption:  United States of America v. John Doe.  June 1996

      18   Special.  United States Courthouse, Foley Square, New York,

      19   New York, 10007.  September 16, 1998.  10:50 a.m.

      20            "Appearances by Assistant United States Attorney.

      21   Tracy A. Thompson, CSR, Acting Grand Jury Reporter.

      22            "(Colloquy precedes.)

      23            "(Time noted:  10:55 o'clock a.m.)

      24            "(Witness enters room.)

      25            "Wadih El Hage, called as a witness, having been

                                                                    3151

       1   first duly affirmed by the Foreperson of the Grand Jury,

       2   testified as follows:

       3            "Examination by Assistant United States Attorney:

       4   "Q   Good morning, Mr. El Hage.

       5   "A   Good morning.

       6   "Q   If you could state your name for the record and spell

       7   your full name for the benefit of the court reporter, please.

       8   "A   W-A-D-I-H, last name E-L, H-A-G-E.

       9   "Q   Now, Mr. El Hage, I'm going to advise you of your rights.

      10            "We both understand that you have testified on a

      11   prior occasion before a different Grand Jury that sat because

      12   of scheduling reasons.

      13            "In other words, you were available to testify on a

      14   day that this Grand Jury was not available.

      15            "However, the rules are the same, but to be extra

      16   careful, I'm going to advise you once again what the Grand

      17   Jury is investigating and what your rights are.

      18            "Do you understand what I'm about to do?

      19   "A   I do.

      20   "Q   For the record, my name is...and I am an assistant United

      21   States attorney here in the Southern District of New York.

      22            "This Grand Jury is investigating violations of Title

      23   18, United States Code, Section 371, 844, 921, 1958, 1959 and

      24   2332.

      25            "I will tell you and the grand jurors what those

                                                                    3152

       1   numbers mean.

       2            "Section 371 is a conspiracy statute.  To violate

       3   Section 371, two or more people have to agree to violate the

       4   law of the United States.

       5            "Section 844 relates to the bombing of buildings in

       6   interstate or foreign commerce.

       7            "Section 921 relates to transportation of weapons.

       8            "Section 1958 relates to interstate and foreign

       9   travel in aid of racketeering activity.

      10            "Section 1959 relates to murders and violent crimes

      11   in aid of racketeering activity.

      12            "And Section 2332 and the ones that follow relate to

      13   terrorism.

      14            "Those are the charges that this Grand Jury generally

      15   is investigating.

      16            "You should also understand that the Grand Jury is

      17   also investigating possible instances of perjury before this

      18   Grand Jury and other Grand Juries, which would be in violation

      19   of Title 18, United States Code, Sections 1621 and 1623.

      20            "In addition, in the course of this investigation, if

      21   the Grand Jury uncovers evidence of other alleged illegal

      22   activity, it has the power to charge or investigate those

      23   other federal crimes.

      24            "Do you understand the general nature of this

      25   investigation?

                                                                    3153

       1   "A   I do.

       2   "Q   Now, you should also understand that you have a

       3   Constitutional right to refuse to answer any questions if a

       4   truthful answer would tend to incriminate you personally.

       5            "Do you understand that right?

       6   "A   I do.

       7   "Q   If you choose to answer a question, any statement that

       8   you do make can be used against you in a court of law or other

       9   legal proceeding.

      10            "Do you understand that?

      11   "A   I do.

      12   "Q   If you decide to answer any questions, you may stop

      13   answering at any time and invoke your privilege against

      14   self-incrimination.

      15            "Do you understand that?

      16   "A   I do.

      17   "Q   In particular, you chose to answer questions the last

      18   time you appeared before the Grand Jury.

      19            "You should obviously understand that you have the

      20   right not to answer questions at this time if you change your

      21   mind.

      22            "Do you understand that?

      23   "A   I do.

      24   "Q   You have a right to consult with an attorney if you wish.

      25            "Do you understand that?

                                                                    3154

       1   "A   I do.

       2   "Q   And while you do not have the right to have a lawyer

       3   present in the Grand Jury room, the Grand Jury would permit

       4   you, if you wished, a reasonable opportunity to step outside

       5   the Grand Jury room and consult with an attorney if you so

       6   desired.

       7            "Do you understand that?

       8   "A   I do.

       9   "Q   And you understand if you could not afford an attorney,

      10   you could apply to the court to have an attorney appointed to

      11   you free of charge.

      12            "Do you understand that?

      13   "A   I do.

      14   "Q   For the record today, are you represented by an attorney?

      15   "A   No.

      16   "Q   Now, the testimony that you're about to give, if you

      17   choose to do so, will be under oath.

      18            "That means that this Grand Jury or another Grand

      19   Jury has the power to indict you for perjury or false

      20   statements if it finds that you have willfully testified

      21   falsely as to any material or important fact.

      22            "Do you understand that?

      23   "A   I do.

      24   "Q   And the maximum penalty for each count of perjury is five

      25   years in prison and a $250,000 fine.

                                                                    3155

       1            "Do you understand that?

       2   "A   I do.

       3   "Q   And you should also understand that if you tell multiple

       4   false statements, if you tell more than one lie to this Grand

       5   Jury, you could be charged with more than one count and get

       6   higher penalties.

       7            "Do you understand that?

       8   "A   I do.

       9   "Q   You should also understand that your conduct is being

      10   investigated by this Grand Jury for possible violation of

      11   criminal law.

      12            "Do you understand that?

      13   "A   Explain that to me, please.

      14   "Q   Okay.  This Grand Jury is trying to determine whether or

      15   not people violated various laws, including the laws related

      16   to transportation of weapons, transportation of explosives,

      17   bombings, illegal agreements and perjury.

      18            "One of the people that this Grand Jury is

      19   investigating is you, among others.

      20            "Do you understand this?

      21   "A   Yes, I do.

      22   "Q   That means that you are what is called a target of the

      23   Grand Jury investigation.

      24   "A   I see.  Okay.

      25   "Q   Now, do you understand that?

                                                                    3156

       1   "A   I do.

       2   "Q   Do you understand your rights as I have explained them to

       3   you?

       4   "A   I do.

       5   "Q   Do you wish to answer questions?

       6   "A   Yes.

       7   "Q   Now, what I would like you to do -- you've already

       8   explained your general background to this Grand Jury, what I

       9   would like you to do -- to a different Grand Jury -- strike

      10   that.

      11            "If you can, tell us briefly where you were born.

      12   "A   I was born in Lebanon.

      13   "Q   In what year?

      14   "A   1960.

      15   "Q   Now, what I would like to do at the very beginning is to

      16   ask you questions about the recent bombings that occurred in

      17   Nairobi, Kenya, and Dar es Salaam, Tanzania, in August 1998,

      18   in which well more than 250 people were killed.

      19            "Let me begin by asking, do you know who did the

      20   bombings?

      21   "A   No, I don't.

      22   "Q   Let me show you some photographs, and I would like to ask

      23   you if you recognize any of the people in these pictures.  And

      24   we'll take our time and go through these photographs slowly.

      25            "I'll put the number of each photograph on the record

                                                                    3157

       1   and indicate the date that the exhibit was so marked.

       2            "And if you look at these photographs, please tell me

       3   whether or not you have seen the people in the photographs

       4   before, and if so, where.

       5            "If you have seen them in the newspaper, just say

       6   I've only seen them in the newspaper.

       7            "If you have seen them in person, please tell us

       8   that.

       9            "The first photograph is Grand Jury Exhibit 1, and

      10   the exhibit is marked with a date September 10, '98.

      11            "Strike that.  We'll hold off on that one.  Make it

      12   Grand Jury Exhibit 2 from September 10, 1998.  Do you know of

      13   the person in that picture?

      14   "A   Yes, I do.

      15   "Q   Okay.  Who is that?

      16   "A   I don't remember his name.  I saw him in Kenya.

      17   "Q   You saw him in Kenya?

      18   "A   Yes.

      19   "Q   And for the record, for the benefit of the Grand Jury,

      20   when did you live in Kenya?

      21   "A   '94 to '96.

      22   "Q   From 1994 through 1996?

      23   "A   Yeah.

      24   "Q   Okay.  And where did you go to when you left Kenya in

      25   1996?

                                                                    3158

       1   "A   I came here into the States.

       2   "Q   Would that be at the same time that you first appeared

       3   before the Grand Jury?

       4   "A   Yes.

       5   "Q   If the date of your testimony before the other Grand Jury

       6   was September 1997, would that refresh your recollection as to

       7   when it was that you left Kenya?

       8   "A   I left in '97.

       9   "Q   Okay.  So from 1994 through 1997 you lived in Kenya?

      10   "A   Yes.

      11   "Q   Where did you meet the person depicted in Grand Jury

      12   Exhibit 2?

      13   "A   In Nairobi.

      14   "Q   Do you know where in Nairobi?

      15   "A   At the mosque.

      16   "Q   At the mosque?

      17            "What's the name of this mosque?

      18   A   It's the biggest mosque.  I don't remember any name.  It's

      19   the biggest mosque in Nairobi.

      20   "Q   What neighborhood in Nairobi is the mosque located in?

      21   "A   In downtown.

      22   "Q   Downtown.

      23            "How often did you see the fellow depicted in Grand

      24   Jury Exhibit 2 in the mosque?

      25   "A   Almost every week, every two weeks.

                                                                    3159

       1   "Q   Every two weeks for the three-year period you lived in

       2   Kenya?

       3   "A   Not constantly, no.

       4   "Q   Did you know his name?

       5   "A   Yes, I knew his name.

       6   "Q   Okay.

       7   "A   I can't remember his name right now.

       8   "Q   Okay.  Did you have any business dealings with this

       9   person?

      10   "A   No.  No business.

      11   "Q   Okay.  We'll come back to that person in a moment.

      12            "Let me show you what has been marked as Grand Jury

      13   Exhibit 3, also bearing the date September 10 of 1998, and

      14   tell me whether or not you recognize the person depicted in

      15   Grand Jury Exhibit 3.

      16   "A   No.

      17   "Q   Okay.  Let me show you Grand Jury Exhibit 4 from

      18   September 10 of 1998, and I would advise you that this picture

      19   has two pages.

      20            "So that you're not confused, the pictures are the

      21   same person, they're just different photographs.  So look at

      22   both pictures to see if you recognize the person in either

      23   photograph with Grand Jury Exhibit 4.

      24   "A   No.

      25   "Q   Then I'll show you Grand Jury Exhibit 5 from September 10

                                                                    3160

       1   of 1998 and ask whether you recognize the person depicted in

       2   Grand Jury Exhibit 5.

       3   "A   I've seen this picture on T.V.

       4   "Q   You've seen this picture on the T.V.?

       5   "A   Yes.

       6   "Q   How recently did you see it on the T.V.?

       7   "A   Two or three weeks ago.

       8   "Q.  Have you ever seen this person in person?

       9   "A   No.  I have never seen him in person.

      10   "Q   I'm going to skip Grand Jury Exhibit 6 for the moment and

      11   go to Grand Jury Exhibit 7 and ask you if you have seen the

      12   person depicted in Grand Jury Exhibit 7.

      13   "A   Yes.

      14   "Q   Who is the person depicted in Grand Jury Exhibit 7?

      15   "A   His name is Harun.

      16   "Q   Is that spelled H-A-R-U-N?

      17   "A   Yes.

      18   "Q   Do you know what Harun's last name is?

      19   "A   Something like with F, Fazhl.

      20   "Q   Fazhl, F-A-Z-H-L?

      21   "A   Yes.  Something like that.

      22   "Q   Okay.  Why don't we put Harun Fazhl to the side and come

      23   back to that in a moment.

      24            "Let me show you Grand Jury Exhibit 8 and ask if you

      25   recognize the person depicted in Grand Jury Exhibit 8, which

                                                                    3161

       1   bears the date of September 10, 1998.

       2   "A   No.  I don't recognize him.

       3   "Q   Let me show you Grand Jury Exhibit 9, which bears the

       4   date September 10 of 1998.

       5   "A   No.  I don't recognize him.

       6   "Q   Let me show you Grand Jury Exhibit 10, which also bears

       7   the date of September 10, 1998.

       8   "A   Yes, I do.

       9   "Q   Okay.  And who is the person depicted in Grand Jury

      10   Exhibit 10?

      11   "A   I don't recall his name.  He was the director for Mercy

      12   International.

      13   "Q   And can you briefly tell the grand jury what Mercy

      14   International is?

      15            "And keep your voice up.  It's very important that

      16   everyone in the room hears you.

      17   "A   It's a relief agency that works in Kenya and Somalia and

      18   Tanzania.

      19   "Q   And were you affiliated with the Mercy Relief

      20   Organization in Kenya, Tanzania and Somalia?

      21   "A   Not really affiliated, but we had to have cooperation in

      22   doing our relief work.

      23   "Q   And what organization were you affiliated with?

      24   "A   The Help Africa People.

      25   "Q   Help Africa People, okay.

                                                                    3162

       1            "And do you know the name of the person in Grand Jury

       2   Exhibit 10?

       3   "A   This one?

       4   "Q   Yes?

       5   "A   I can't remember it now.  I can't recall the name.

       6   "Q   And where did you first meet the person depicted in Grand

       7   Jury Exhibit 10?

       8   A   At his office, the office in Nairobi.

       9   "Q   And how often did you see the person depicted in Grand

      10   Jury Exhibit 10?

      11   "A   Whenever I go there, probably once a month or so.  That's

      12   why I can't recall his name very well.

      13   "Q   Did you ever see this person depicted in Grand Jury

      14   Exhibit 10 at the mosque?

      15   "A   Yes.

      16   "Q   Did you ever see the person depicted in Grand Jury

      17   Exhibit 10 anyplace outside of Kenya?

      18   "A   No.

      19   "Q   We'll come back to Grand Jury Exhibit 10 in a moment.

      20            "Why don't you look at Grand Jury Exhibit 11, which

      21   is also dated September 10, 1998, and which is another exhibit

      22   of two pages.

      23            "They are different photographs of the same person,

      24   looking slightly different each time, so don't be confused.

      25            "Take a look at both photographs and tell us if you

                                                                    3163

       1   recognize the person in Grand Jury Exhibit 11.

       2   "A   No, I do not recognize him.

       3   "Q   I show you what has been marked as Grand Jury Exhibit 12,

       4   also marked September 10, 1998, and ask you if you recognize

       5   that person.

       6            "It's a small black and white picture.

       7   "A   No.

       8   "Q   Let me show you Grand Jury Exhibit 13, also dated

       9   September 10, 1998, and ask you if you recognize that person.

      10   "A   No.

      11   "Q   I show you Grand Jury Exhibit 14, marked September 10,

      12   1998, and ask you if you recognize that person.

      13   "A   No.

      14   "Q   Now, as I understand it, you recognize the person in

      15   Grand Jury Exhibit 2, but you do not know his name, correct?

      16   "A   I can't remember his name.

      17   "Q   But you knew his name at one time?

      18   "A   Yeah.

      19   "Q   Grand Jury Exhibit 10, you recognize that person and you

      20   cannot remember his name, correct?

      21   "A   I think he goes by Abu Wael.

      22   "Q   Would that be, A-B-U W-A-E-L?

      23   "A   Yes, something like that.

      24   "Q   And then Grand Jury Exhibit 7 you recognize as being

      25   Harun Fazhl?

                                                                    3164

       1   "A   Yes.

       2   "Q   Why don't we put the three people you recognize to the

       3   side for the moment.

       4            "I want you to go back and look at Grand Jury Exhibit

       5   3 -- actually, we'll leave that alone, okay.

       6            "The person Harun Fazhl, when was the last time you

       7   spoke to him?

       8   "A   Just before I came back to the States.  I think mid

       9   September.  Mid September.  September '97.

      10   "Q   So if we're talking about your prior Grand Jury testimony

      11   having occurred on September 24, 1997, the last time you spoke

      12   to Harun Fazhl was before that date?

      13   "A   Right.

      14   "Q   Have you spoken to Harun Fazhl by telephone since that

      15   time?

      16   "A   No.

      17   "Q   Have you sent mail to Harun Fazhl since that time?

      18   "A   No.

      19   "Q   Has he sent you mail since that time?

      20   "A   No.

      21   "Q   Have you sent him E-mail since September 24, 1997?

      22   "A   No.

      23   "Q   Has he sent you E-mail since September 24, 1997?

      24   "A   No.

      25   "Q   Have you exchanged messages in way, shape or form with

                                                                    3165

       1   Harun Fazhl since September 24, 1997?

       2   "A   No.

       3   "Q   Has anyone told you anything about Harun Fazhl since

       4   September 24, 1997?

       5   "A   No.

       6   "Q   Do you have any idea where Harun Fazhl is as we speak?

       7   "A   Well, last I saw him in Nairobi, he was getting ready to

       8   go to his country.

       9   "Q   And what country would his country be?

      10   "A   Comoros.

      11   "Q   Those are islands southeast of Kenya?

      12   "A   No, they're east of Africa.  I don't know where exactly.

      13   "Q   Okay.  Now, when Harun Fazhl was in Nairobi, how often

      14   did you see him?

      15   "A   When he was in Nairobi?

      16   "Q   Yes.

      17   "A   Almost every day.  He was working with me.

      18   "Q   And what organization was he working with that he worked

      19   with you?

      20   "A   The Help Africa People.

      21   "Q   When did you first meet Harun Fazhl and where?

      22   "A   In Nairobi.  I don't remember, either at the mosque or at

      23   the Mercy International office.

      24   "Q   How did you meet him?

      25   "A   Well, the mosque, I was introduced to him or he was

                                                                    3166

       1   introduced to me.

       2   "Q   By whom?

       3   "A   What's his name?  He's a Kenyan who works with Mercy

       4   International.

       5   "Q   Do you recall his name?

       6   A   I'm trying to remember.  He's a tall guy.  Ahmed.

       7   "Q   Do you know where Harun Fazhl -- strike that.

       8            "Did you ever meet Harun Fazhl anyplace in the world

       9   outside of Kenya?

      10   "A   No.

      11   "Q   Do you know if Harun Fazhl has visited any places in the

      12   world besides Kenya and the Comoros Islands?

      13   "A   He went to Somalia.

      14   "Q   In what year did he go to Somalia?

      15   "A   He went several times in '95 and '96.

      16   "Q   And what was the purpose of Harun Fazhl going to Somalia?

      17   "A   Relief work.  He was collecting information for our

      18   agency.

      19   "Q   And who sent him to Somalia?

      20   "A   I did.

      21   "Q   And who did he go with?

      22   "A   I didn't send him with anyone, but he probably went with

      23   some people who directed him for where to go.  I sent him

      24   alone.

      25   "Q   Do you know if he ever went to Afghanistan?

                                                                    3167

       1   "A   No, I don't know that.

       2   "Q   Do you know if he was ever trained in any camps in

       3   Afghanistan or Pakistan?

       4   "A   No.

       5   "Q   Do you know if he's ever been to -- strike that.

       6            "Do you know if he's ever engaged in any military

       7   actions?

       8   "A   No.

       9   "Q   Do you know if he fought against any United States or

      10   United Nations troops in Somalia?

      11   "A   No.

      12   "Q   No, you don't know, or you never heard of any

      13   information?

      14   "A   I don't know any information like that.

      15   "Q   Did you ever hear anyone indicate that Harun Fazhl

      16   trained people to fight against U.S. or U.N. troops in

      17   Somalia?

      18   "A   No.  I never heard that.

      19   "Q   Do you know if Harun Fazhl knew Usama Bin Laden?

      20   "A   Did he know him, did he hear about him?

      21   "Q   Did he know him personally?

      22   "A.  Not that I know of, no.

      23   "Q   Did you ever talk to Harun Fazhl about Usama Bin Laden?

      24   "A   We mentioned the name whenever it came up.

      25   "Q   In 1994 through 1997 when you were in Kenya, were you

                                                                    3168

       1   doing work on behalf of Usama Bin Laden?

       2   "A   Me?

       3   "Q   Yes.

       4   "A   No.

       5   "Q   Did you do any work for Usama Bin Laden while you were in

       6   Kenya from 1994 through 1997?

       7   "A   No.

       8   "Q   Did you have any contact with Usama Bin Laden in the

       9   period from 1994 to 1997?

      10   "A.  Personally?

      11   "Q   Yes, first personally.

      12   "A   No.

      13   "Q   You never saw him in those four years?

      14   "A   No.

      15   "Q   Did you have any telephone conversations with Usama Bin

      16   Laden at any time in 1994, 1995, 1996, 1997 or 1998?

      17   "A   No, never.

      18   "Q   In those five years have you sent any mail to Usama Bin

      19   Laden?

      20   "A   No.

      21   "Q   In those five years has he sent you any mail?

      22   "A   No.

      23   "Q   In those five years have you sent any E-mails to Usama

      24   Bin Laden or has he sent any E-mails to you?

      25   "A   No.

                                                                    3169

       1   "Q   In those five years have you sent any faxes to Usama Bin

       2   Laden or has he sent any faxes to you?

       3   "A   No.

       4   "Q   In those five years have you sent any messages to Usama

       5   Bin Laden in any way, shape or form?

       6   "A   No.

       7   "Q   In those five years has Usama Bin Laden sent you any

       8   messages in any way, shape or form?

       9   "A   He sent me a message, yes, through one of his aides.

      10   "Q   Okay.  And what year was it and who was the aide?

      11   "A   Probably the end of '94 or the beginning of '95.

      12   "Q   And who was the aide that sent you the message?

      13   "A   What's his name?  His Saudi relative.  What was his name?

      14            "I can't recall his name.  He was living in England.

      15   "Q   Would this be someone you discussed in your last Grand

      16   Jury testimony?

      17   "A.  I don't remember.

      18   "Q   Does this Saudi relative have any physical handicaps?

      19   "A.  Yes.  One of his legs.

      20   "Q   One of his legs is --

      21   "A   Amputated.

      22   "Q   Would that Saudi relative be from Mecca?

      23   "A   Yes.

      24   "Q   Would this be Abu Fadhl al Makkee?

      25   "A   Yes.

                                                                    3170

       1   "Q   Okay.  What was the message you got from Abu Fadhl al

       2   Makkee in 1994 or 1995 from Usama Bin Laden?

       3   "A   To get some spare parts for tractors.

       4   "Q   And where were you to go to get the spare parts for the

       5   tractors?

       6   "A   Slovakia.

       7   "Q   Slovakia.

       8            "Did you go to Slovakia?

       9   "A   Yes.

      10   "Q   Did you conduct any other business in Slovakia besides

      11   seeking to obtain spare parts for tractors?

      12   "A   No.

      13   "Q   Other than that message from Abu Fadhl al Makkee, did you

      14   get any other communications from Usama Bin Laden from 1994 to

      15   the present in any way, shape or form?

      16   "A   No.

      17   "Q   Did you have any communications from any of Usama Bin

      18   Laden's representatives in any way, shape or form in those

      19   five years besides the one message from Abu Fadhl al Makkee?

      20   "A   No.

      21   "Q   Are you familiar with a person by the name of Abu Hafs al

      22   Masry?

      23   "A.  Yes.

      24   "Q   And is he one of the top lieutenants for Usama Bin Laden?

      25   "A   Yes.

                                                                    3171

       1   "Q   Did you communicate in any way, shape or form, including

       2   phone, in-person, mail, E-mail or messages with Abu Hafs al

       3   Masry in any of the years 1994 to 1998?

       4   "A   He called me once or twice in Kenya.

       5   "Q   Okay.  Why don't you tell the Grand Jury when and why he

       6   called you in Kenya once or twice.

       7   "A.  I don't recall when, but it's probably '95 or '96.

       8   "Q   And what was the conversation that you had with him

       9   during these one or two conversations?

      10   "A   They weren't any subjects to discuss.  He's just an old

      11   friend of mine that I've known for over 15 years, so he just

      12   called to ask about me and how am I doing.

      13   "Q   Did he ask you to do anything on behalf of Usama Bin

      14   Laden when he spoke to you?

      15   "A   No.

      16   "Q   Did he give you any messages from Usama Bin Laden when he

      17   spoke to you?

      18   "A   No.

      19   "Q   Did you give any messages to pass to Usama Bin Laden when

      20   you spoke to him?

      21   "A   No.

      22   "Q   Did you talk about law enforcement or efforts to arrest

      23   Abu Hafs during that conversation?

      24   "A   Say that again.

      25   "Q   Did you discuss with Abu Hafs whether or not anyone in

                                                                    3172

       1   the world wanted to arrest him?

       2   "A   I don't remember.  I don't recall that.

       3   "Q   Now, did you ever see Abu Hafs in Kenya or Tanzania at

       4   any time?

       5   "A   No, I don't think he went there.

       6   "Q   Do you know a person by the name of T-A-Y-S-I-R or

       7   T-A-Y-S-E-E-R, and what I'll do is, so that we're clear, we'll

       8   mark it as a Grand Jury exhibit and I'll write it out in case

       9   my pronunciation is not up to par.

      10            "And we're way ahead in numbers, so I'm going to call

      11   this -- we're jumping ahead to Grand Jury Exhibit 66 and I'll

      12   put today's date on it, which is 9/16/98, and ask you if you

      13   know who this name refers to, Taysir, T-A-Y-S-I-R or

      14   T-A-Y-S-E-E-R?

      15            "So marked.

      16   "A   I have known people called Tasir before.  I can't recall

      17   who it refers to.

      18   "Q   Have you ever heard of Abu Hafs referred to as Tasir?

      19   "A   I don't recall that.

      20   "Q   I'm going to add to Grand Jury Exhibit 66 another name,

      21   al U-T-A-I-B-I, and I'll write it out, and ask you if you know

      22   who al Utaibi is.

      23   "A.  The same thing.  I heard this name before, but I can't

      24   recall who is it.

      25   "Q   Let me ask you another name.  Norman, N-O-R-M-A-N.

                                                                    3173

       1            "Do you know who Norman is?  And I'll write it out

       2   even though it's just -- so there's no confusion of the

       3   spelling, N-O-R-M-A-N.

       4   "A   No.

       5   "Q   Okay.  Have you ever been to the country of Iran?

       6   "A.  Iran, no.

       7   "Q   When you were living in Nairobi, Kenya, in 1994 -- strike

       8   that.

       9            "At any time did anyone ever show you files showing

      10   sketches or photographs of the United States Embassy in

      11   Nairobi, Kenya?

      12   "A.  No.  Never.

      13   "Q   Has anyone ever shown you files containing sketches and

      14   photographs of any American or Israeli buildings located in

      15   Nairobi, Kenya?

      16   "A   No.

      17   "Q   Has anyone ever discussed with you the possibility of

      18   conducting an attack against American or Israeli buildings

      19   located in Nairobi, Kenya?

      20   "A   No.  Never.

      21   "Q   Has anyone ever discussed with you the possibility of

      22   conducting an attack on any American or Israeli interest in

      23   Tanzania?

      24   "A   No.

      25   "Q   Has anyone ever discussed with you the possibility of an

                                                                    3174

       1   attack against any American interest worldwide?

       2   "A   No.  Never.

       3   "Q   Do you know the organization known as al Haramain,

       4   H-A-R-A-M-A-I-N?

       5   "A   Yes.

       6   "Q   And how are you familiar with al Haramain?

       7   "A   I don't know much about them, I just heard they're a

       8   relieve agency in Nairobi, also.

       9   "Q   Have you ever visited the office of al Haramain?

      10   "A   Probably once.

      11   "Q   Do you know where those offices are?

      12   "A   In Nairobi.

      13   "Q   Where in Nairobi, what neighborhood?

      14   "A   I can't recall.

      15   "Q   Do you know who runs al Haramain?

      16   "A   I think it's a Saudi agency.

      17   "Q   Did you have any affiliation with al Haramain?

      18   "A   No.

      19   "Q   And your group, Help Africa People, was that funded in

      20   any way, shape or form by Usama Bin Laden?

      21   "A   No.

      22   "Q   How many people in Kenya did you know that personally

      23   knew Usama Bin Laden?

      24   "A   People who knew Usama Bin Laden in Kenya, nobody.  You

      25   mean know him personally, right?

                                                                    3175

       1   "Q   People who knew him personally had met with him

       2   personally.

       3   "A   No.  I don't remember anyone who did.

       4   "Q   Are you familiar with an organization known as al Qaeda?

       5   "A   Yes.

       6   "Q   And are you familiar with the fact that al Qaeda is an

       7   organization run by Usama Bin Laden?

       8   "A   Yes.

       9   "Q   Did you know any members of al Qaeda who lived in either

      10   Kenya or Tanzania?

      11   "A   No.

      12   "Q   Did you know any members of al Quida who ever visited

      13   Kenya or Tanzania?

      14   "A   No.

      15   "Q   Abu Hafs ever visit Kenya or Tanzania?

      16   "A   No, I don't recall him visiting there at all.

      17   "Q   Did Usama Bin Laden ever visit Kenya or Tanzania?

      18   "A   No.

      19   "Q   And if Usama Bin Laden or Abu Hafs were in Kenya, you

      20   would recognize them if you saw them, correct?

      21   "A   Yes, for sure.

      22   "Q   I will ask you about one more name on this list,

      23   J-A-L-A-L.

      24            "Can you tell the Grand Jury whether or not you know

      25   who Jalal is?

                                                                    3176

       1   "A   Jalal, I know Jalal, he used to live here in the States.

       2   "Q   Okay.  And what's his real name, if you know it?

       3   "A   That's his name.  I don't recall the last name.

       4   "Q   Where in the States did he live?

       5   "A   He was in Louisiana.

       6   "Q   When was the last time you saw this Jalal?

       7   "A   '89 or '90.

       8   "Q   Do you know of any other Jalal's besides the fellow in

       9   Louisiana?

      10   "A   No.

      11   "Q   Do you know anyone who participated in any of the attacks

      12   against the American military forces who were in Somalia in

      13   1992, 1993 and 1994?

      14   "A   No.

      15   "Q   Do you know of any of the people who participated in the

      16   attacks against the United Nations forces in Somalia in 1992,

      17   1993 and 1994?

      18   "A   No, I don't.

      19   "Q   Do you know any persons who provided logistical support

      20   and/or training to any of the people in Somalia who were

      21   attacking the United States, the United Nations forces in

      22   1992, 1993 and 194?

      23   "A   No, I don't.

      24   "Q   Just so we're clear, referring to Grand Jury Exhibit 66,

      25   have you ever been called Taysir or Taysir?

                                                                    3177

       1   "A   Me?

       2   "Q   Yes.

       3   "A   No.

       4   "Q   Have you ever been called al Utaibi?

       5   "A   No.

       6   "Q   Have you ever been called Norman?

       7   "A   No.

       8   "Q   Have you ever been called Jalal?

       9   "A   No.

      10   "Q   When you went to Slovakia on behalf of Usama Bin Laden,

      11   did you attempt to purchase any chemicals?

      12   "A   No."

      13            THE COURT:  We'll take our mid afternoon break at

      14   this time.

      15            (Jury not present)

      16            THE COURT:  We'll take a five-minute break and I'll

      17   see counsel and the reporter in the robing room.

      18            MR. SCHMIDT:  One more thing I would like to put on

      19   the record now.

      20            THE COURT:  Yes.

      21            MR. SCHMIDT:  The government has given us draft

      22   translations over the course of the couple years and they have

      23   given us then the new material that they were putting in

      24   through witnesses with the stipulations, new materials

      25   sometimes coming within minutes or hours before the material

                                                                    3178

       1   goes in.  We assume that the translations are the same.

       2            One of the translations the government just put in

       3   now has the words in that -- excuse me, on Exhibit 439A and B,

       4   in the translation in B there is a parentheses which says

       5   "still addressing Wadih."

       6            THE COURT:  Yes.

       7            MR. SCHMIDT:  That's not in the translation that we

       8   had originally.  We had really no time to review all of the

       9   documents.  We assumed the government would not make changes.

      10   This is a translator's guess as to what was transpiring.  I

      11   think it's improper to not give us notice of such changes.

      12   It's not the first one.  And we hope to head this off by

      13   notifying the government a few weeks ago that they can't do

      14   this.

      15            THE COURT:  I wondered about it.  What is the "still

      16   addressing Wadih"?

      17            MR. FITZGERALD:  I've been advised by the paralegal

      18   that scanned it in that was the translation in the Grand Jury

      19   exhibit that was produced.  I'll look, I wasn't aware of the

      20   issue.  I'll look into it.  That was the translation as it was

      21   produced and attached to the Grand Jury exhibit when it was

      22   shown to him.

      23            THE COURT:  All right.

      24            MR. FITZGERALD:  We'll look and see.

      25            THE COURT:  On it's face, it was not clear what that

                                                                    3179

       1   was.  Look into it, reply, and maybe we will strike it or take

       2   some other action.

       3            MR. SCHMIDT:  I would also note in the material that

       4   was received yesterday, Wednesday, concerning the English

       5   material there are also, for example, statements on top of

       6   communiqu‚s where they call it communiqu‚ from Usama Bin

       7   Laden, which isn't on the original document, and it's

       8   obviously also added by the translator and it shouldn't be

       9   there.  And the problem is that I no longer can -- I'm sure

      10   there's no bad intent on the part of Mr. Fitzgerald, but we no

      11   longer can accept the translations as the same translations

      12   when there are additions on them.

      13            So I want to make your Honor aware of that.  We're

      14   near the end of the presentation, but we have a problem with

      15   it.

      16            THE COURT:  We'll deal with the matter as was

      17   indicated.

      18            MR. SCHMIDT:  Thank you.

      19            THE COURT:  If it is appropriate that there be some

      20   striking or modification of the exhibit or statement to the

      21   jury, we'll do so.

      22            I'll see you in about five minutes with the reporter

      23   in the robing room.

      24            (Recess)

      25

                                                                    3185

       1            (Pages 3180 through 3184 sealed)

       2            (In open court; jury present)

       3            THE COURT:  Ladies and gentlemen, before we resume

       4   the reading of the grand jury minutes I would like to say

       5   something further to you about the timing of the case, and I

       6   want to assure you that the case is proceeding on a schedule

       7   ahead of that which was anticipated.  Unless something

       8   entirely unforeseen happens, we think that all the proceedings

       9   in this case should be over by the early summer.  I talked to

      10   you at one time about taking a break in August.  I think we

      11   will be finished before August.  I have very much in mind that

      12   you would like to have more definite information and you can

      13   be assured that we would all like to have more definite

      14   information.  The reason we are ahead of schedule -- there are

      15   several reasons.  One is your cooperation.  The other is that

      16   the parties have agreed to a number of stipulations, and I am

      17   sure you realize that many of these stipulations save days and

      18   days of testimony as to matters which are not really in

      19   dispute.

      20            So assuming everyone stays healthy and there aren't

      21   any unanticipated delays we should be well ahead of schedule,

      22   and as soon as I can safely predict with greater precision

      23   when it is we will be sitting and when it will be over, I

      24   assure you, as soon as I know you will know.

      25            We are resuming the reading of the grand jury

                                                                    3186

       1   transcript taken on September 16, 1998.

       2            MR. FRANCISCO:  Starting at page 31, line 2:

       3   "Q   Have you ever attempted to purchase chemicals on behalf

       4   of Usama Bin Laden?

       5   "A   No.

       6   "Q   Have you ever helped in any way, shape or form to try to

       7   arrange for Usama Bin Laden to obtain chemical weapons or the

       8   components to make chemical weapons?

       9   "A   No, never.

      10   "Q   Would you have any business reason to purchase chemicals

      11   at any time in any of your businesses?

      12   "A   No.

      13   "Q   Did you ever attempt to purchase nitric acid?

      14   "A   No.

      15   "Q   Are you familiar with a person by the name of Abu Ubaidah

      16   Al Banshiri?  And I will write it on 66 so if my pronunciation

      17   is off it doesn't confuse.

      18            "Do you know the person by the name of Abu Ubaidah Al

      19   Banshiri?

      20   "A   Yes.

      21   "Q   Was he a person who worked for Usama Bin Laden?

      22   "A   Yes.

      23   "Q   Did he ever visit Nairobi or Kenya -- I am sorry, Kenya

      24   or Tanzania?

      25   "A   I don't think so.

                                                                    3187

       1   "Q   Now, do you know a person by the name of Khalid al

       2   Fawwaz?

       3   "A   Yes.

       4   "Q   Where does Khalid al Fawwaz live?

       5   "A   Last he was in England last time.

       6   "Q   Did Khalid al Fawwaz work for Usama Bin Laden?

       7   "A   Yes.

       8   "Q   And did he ever visit -- did Khalid al Fawwaz ever visit

       9   Kenya or Tanzania?

      10   "A   Yes, that's where I met him.

      11   "Q   Where did you meet him?

      12   "A   At the hotel.

      13   "Q   Which hotel?

      14   "A   Meridian.

      15   "Q   In Nairobi?

      16   "A   Yes.

      17   "Q   And why did you go to meet Khalid al Fawwaz?

      18   "A   Excuse me?

      19   "Q   Why did you meet Khalid al Fawwaz at the Meridian Hotel?

      20   "A   When did I meet him?

      21   "Q   Yes.

      22   "A   I met him when he was a businessman.  I just arrived over

      23   there when I went to open my relief agency.  I met him in the

      24   hotel there.  He was businessman over there.

      25   "Q   Did you engage in business dealings with Khalid al

                                                                    3188

       1   Fawwaz?

       2   "A   No.  He just helped me around to register the

       3   organization.

       4   "Q   And was he living in Kenya at the time?

       5   "A   Yes.

       6   "Q   What was he doing in Kenya?

       7   "A   I really don't know what he do, but he was a businessman

       8   there.

       9   "Q   What business was he in?

      10   "A   I really don't know.

      11   "Q   Did you ask?

      12   "A   Did I ask him?  He was in the car business.  He was

      13   bringing cars to Nairobi.

      14   "Q   And who was he doing the car business on behalf of?

      15   "A   I think it's his own business.

      16   "Q   Do you know if he was conducting business on behalf of

      17   Usama Bin Laden?

      18   "A   In Nairobi?

      19   "Q   In Kenya.

      20   "A   In Kenya, no.

      21   "Q   Did you engage in any business with Khalid al Fawwaz?

      22   "A   No.

      23   "Q   Did he ever give you any money?

      24   "A   No.

      25   "Q   Did you ever give him any money?

                                                                    3189

       1   "A   No.

       2   "Q   Did you visit him in London?

       3   "A   Yes.

       4   "Q   When you were in London, did you give him any money?

       5   "A   No.

       6   "Q   When you were in London, did he give you any money?

       7   "A   One time was short 70 pounds, he gave me 70 pounds.

       8   "Q   OK.  Other than the 70 pounds, have you given any money

       9   to Khalid al Fawwaz, or has Khalid al Fawwaz given you any

      10   money anywhere in the world?

      11   "A   No.

      12   "Q   Did you ever buy anything from Khalid al Fawwaz?

      13   "A   No.

      14   "Q   Did he ever buy anything from you?

      15   "A   From me?  No.

      16   "Q   Did you engage in any corporate business with Khalid al

      17   Fawwaz other than his registering your company?

      18   "A   What do you mean by?

      19   "Q   Did you buy any companies from Khalid al Fawwaz?

      20   "A   No.

      21   "Q   Did you buy any shares of stock in any companies or

      22   entities owned by Khalid al Fawwaz?

      23   "A   No.

      24   "Q   Did he buy any companies from you?

      25   "A   No.

                                                                    3190

       1   "Q   OK.  Let me show you an exhibit you have seen before.

       2   That is Grand Jury Exhibit 9, which is also marked with a

       3   sticker Grand Jury Exhibit 3 with the date September 24, 1997,

       4   and this is a book of photographs that you have seen

       5   previously.

       6            "I want to direct your attention to one particular

       7   picture which you were shown previously and ask if you

       8   recognize the person in the picture, which is a picture No. 34

       9   in the book marked Grand Jury Exhibit 3, dated September 24,

      10   1997.

      11            "Do you recognize that person?

      12   "A   No, I don't.

      13   "Q   Let me show you what has been marked as Grand Jury

      14   Exhibit 67 of today's date.  See if you recognize the person

      15   in that photograph.  It's already been marked -- sorry --

      16   Grand Jury Exhibit 65, with the date 9/16/98.

      17            "I ask you if you recognize the person depicted in

      18   Grand Jury Exhibit 65?

      19   "A   I remember seeing this face.

      20   "Q   Where do you remember seeing the person depicted in Grand

      21   Jury Exhibit 65?

      22   "A   Probably in New York.

      23   "Q   Probably in New York?  What year?

      24   "A   I have recall -- when did I visit New York.  In the

      25   eighties.  I visited two or three times, stayed two or three

                                                                    3191

       1   days.  I probably saw him at the mosque or at the, what is it,

       2   the office, the Mujahideen office here in New York.

       3   "Q   And by the Mujahideen, are you talking about the

       4   A-L-K-I-F-A-H Refugee Center on Atlantic Avenue in Brooklyn?

       5   "A   Yes.

       6   "Q   After seeing the person depicted in Grand Jury Exhibit 65

       7   in New York, perhaps at that office, did you ever see him

       8   again?

       9   "A   I don't recall.

      10   "Q   Did you ever see him in Afghanistan?

      11   "A   I don't recall.

      12   "Q   Did you ever see him in Kenya or Tanzania?

      13   "A   I don't recall that.

      14   "Q   Would you recognize Khalid al Fawwaz if you saw him

      15   again?

      16   "A   Yes.

      17   "Q   Would you recognize Abu Fadhl al Makkee see if you saw

      18   him again?

      19   "A   Yes.

      20   Q   Would you remember Abu Hafs el Masry if you saw him again?

      21   "A   Yes.

      22   "Q   Would you recognize Abu Ubaidah al Banshiri if you saw

      23   him again?

      24   A   Probably, yes.

      25   Q   And would you recognize Usama Bin Laden if you saw him

                                                                    3192

       1   again?

       2   "A   Yes.

       3   "Q   Are you familiar with the person known as Sheik Omar,

       4   A-B-D-E-L, R-A-H-M-A-N?

       5   "A   Yes.

       6   "Q   Were you aware that there was a trial of Sheik Omar Abdel

       7   Rahman in New York City in 1995?

       8   "A   Yes, I was aware of the trial.  I don't know when was it.

       9   "Q   Did you follow the trial in the newspapers or on TV?

      10   "A   Not really.

      11   "Q   Did you ever hear of a listing issued which included the

      12   name of people linked to the people on trial as

      13   coconspirators?

      14   "A   With Sheik Omar Abdel Rahman?

      15   "Q   Yes.

      16   "A   No.

      17   "Q   Did anyone ever give you any documents arising out of the

      18   trial of Sheik Omar Abdel Rahman?

      19   "A   In '91 I was sent copy from one of the aides of Sheik

      20   Omar Abdel Rahman.

      21   "Q   Sent you a copy of what?

      22   "A   Something about Sheik Omar Abdel Rahman.  I can't

      23   remember what was it about.

      24   "Q   Was it a court document?

      25   "A   I don't recall.

                                                                    3193

       1   "Q   Was it while Sheik Omar Abdel Rahman was in jail or

       2   before he went to jail?

       3   "A   I don't remember when he go to jail but I remember this

       4   was in '91 or beginning of '92.

       5   "Q   Was it before or after the World Trade Center blue up?

       6   "A   I don't remember.  I was here until the middle of '92 in

       7   effect, so --

       8   "Q   So it was sent to you while you were still in Texas?

       9   "A   Yes.

      10   "Q   So it would have been certainly before the end of the

      11   year of 1992?

      12   "A   Correct.

      13   "Q   Do you know any people living in America who are contacts

      14   of Usama Bin Laden?

      15   "A   No.

      16   "Q   Has anyone in America ever contacted you on behalf of

      17   Usama Bin Laden?

      18   "A   No.

      19   "Q   Do you know of any contacts of Usama Bin Laden living in

      20   New York?

      21   "A   No.

      22   "Q   Do you know of any contacts of Usama Bin Laden living in

      23   Florida?

      24   "A   No.

      25   "Q   Do you know of any contacts of Usama Bin Laden living in

                                                                    3194

       1   California?

       2   "A   No.

       3   "Q   Since the time that you came to this country in or about

       4   the end of 1997, has Usama Bin Laden reached out and made any

       5   contact with you?

       6   "A   No.

       7   "Q   Has anyone contacted you on behalf of Usama Bin Laden

       8   since you came to this country?

       9   A   No.

      10   "Q   Did you hear that Usama Bin Laden thought that the United

      11   States was his enemy and that the United States forces should

      12   be attacked?

      13   "A   I heard that on TV.

      14   "Q   And prior to hearing it on TV, had you heard from anyone

      15   else that Usama Bin Laden thought that the United States was

      16   his enemy and should be attacked?

      17   "A   No.

      18   "Q   Now, the last time you were before this grand jury -- not

      19   this grand jury -- a different grand jury, you were asked

      20   about some files that had been removed from your house in

      21   Kenya several months before you came to the grand jury.  Do

      22   you recall those files?

      23   "A   Yeah.  They had the phone bills, my phone bills.

      24   "Q   And who removed the files from your home?

      25   "A   It was Harun.

                                                                    3195

       1   "Q   Harun Fazhil, and you are pointing to the picture which

       2   has been marked as Grand Jury Exhibit -- would that be Grand

       3   Jury Exhibit 7 with today's date?

       4   "A   Right.

       5   "Q   And Harun Fazhil told you that he had removed files from

       6   your office, correct?

       7   "A   Yes.

       8   "Q   And you told the last grand jury that the reason that

       9   Harun Fazhil removed the files from your house was the fact

      10   that Abu Fadhl al Makkee, the Saudi relative of Usama Bin

      11   Laden, was believed to be cooperating with authorities; is

      12   that correct?

      13   "A   The reason why he removed them?

      14   "Q   Yes.

      15   "A   I think the reason was because we had contacts with the

      16   different companies in Sudan, the Usama Bin Laden companies in

      17   Sudan.  That's why he removed them.

      18   "Q   The person who had contact was whom?  Who had contacts

      19   with Usama Bin Laden companies in Sudan?

      20   "A   Me.

      21   "Q   You did?

      22   "A   Yes.

      23   "Q   When did you have those contacts with Usama Bin Laden

      24   companies?  What years?

      25   "A   In '95 and '96.

                                                                    3196

       1   "Q   Now, what companies did you have contact with?

       2   "A   The names?

       3   "Q   Yes.

       4   "A   Taba.

       5   "Q   Is that spelled T-A-B-A?

       6   "A   Wadi al Aqiq.

       7   "Q   W-A-D-I, A-L, A-Q-I-Q.

       8            "And why did you have contact with those companies in

       9   1995 and 1996?  What were you doing?

      10   "A   They were still asking me about different things from the

      11   time I was working there.

      12   "Q   And who was asking you?

      13   "A   Whoever was taking care of those companies over there.

      14   "Q   And who would that be?

      15   "A   I don't recall.  The people change a lot.

      16   "Q   But you didn't deal directly with Usama Bin Laden?

      17   "A   No.

      18   "Q   So Harun Fazhil was afraid because Abu Fadhl al Makkee

      19   was cooperating with the authorities and took the files out of

      20   your house; is that correct?

      21   "A   I don't recall that.  I think he was afraid because the

      22   Kenyan authorities they have, what do you call it, they are

      23   against dealing with anything in Sudan, anyone in Sudan.

      24   "Q   And so they removed the files so that the Kenyan

      25   authorities couldn't get a hold of the files, correct?

                                                                    3197

       1   "A   Yes.

       2   "Q   And he took the files to where?

       3   "A   He told me he took them to a friend of his, Ahmed.

       4   "Q   So he took them to Ahmed's house?

       5   "A   Right.

       6   "Q   Did you understand where he wanted the files to end up?

       7   "A   He wanted me to get them back.

       8   "Q   And where did he want a friend to take the files?

       9   "A   He didn't mention that.  He just left them with him, with

      10   Ahmed.

      11   "Q   Did you tell the grand jury the last time you testified

      12   that he wanted the files to go to Mercy International Relief

      13   Agency?

      14   "A   Ahmed worked with Mercy.

      15   "Q   Ahmed worked with Mercy International?

      16   "A   Yes.

      17   "Q   And the last grand jury you appeared before you drew a

      18   map as to how to get to Ahmed's house.  Do you recall that?

      19   "A   Right.

      20   "Q   And did you later learn that when authorities went to

      21   Ahmed's house they did not find the files?  Were you told

      22   that?

      23   "A   Yes.

      24   "Q   Now, sir, are you aware that about a month ago that

      25   authority went to the Mercy International in Nairobi and

                                                                    3198

       1   conducted a search?

       2   "A   Yes.  In the newspaper, I read it in the newspaper.

       3   "Q   Did anyone call you to tell you about that search?

       4   "A   No.

       5   "Q   Are you aware, sir, that in this search of Mercy

       6   International in Nairobi, they found your files?

       7   "A   No.

       8   "Q   Now, sir, I am going to ask you questions about what's

       9   contained in those files and I should advise you that it's

      10   very important that you tell the truth, and I will warn you,

      11   and there are things written in those files that indicate that

      12   you have not been truthful in your testimony in September of

      13   1997 or to date.

      14            "Now, let me show you, first of all, let me show you

      15   Grand Jury Exhibit 64 with today's date, and I will indicate

      16   that the front of the exhibit has nine pictures on it and that

      17   the front has Grand Jury Exhibit 64 sticker in the corner.

      18   There are three rows of three pictures.

      19            "What I would like you to do is start in the upper

      20   left-hand corner, going from left to right and top to bottom.

      21   Look at each of the nine pictures and tell us if you recognize

      22   any of these people.

      23   "A   I recognize him.

      24   "Q   The person in the middle, so in the second row, second

      25   picture?

                                                                    3199

       1   "A   Yes.

       2   "Q   Who would that be?

       3   "A   I don't recall the name.  I have seen him in Pakistan,

       4   probably in the eighties.

       5   "Q   Why did you have his picture?

       6   "A   Those aren't my pictures.

       7   "Q   I know they're not pictures of you.

       8   "A   I mean, I never had these pictures.

       9   "Q   You don't ever recall having those pictures?

      10   "A   Never.

      11   "Q   OK.  Let me flip over Grand Jury Exhibit 64 and show you

      12   six pictures, three rows of two pictures each.  Can you tell

      13   us if you recognize any of the people in those pictures?

      14   "A   I remember him.

      15   "Q   The one in the upper left corner?

      16   "A   Yes.

      17   "Q   Can you tell us who that is?

      18   "A   Yes.

      19   "Q   Who?

      20   "A   Omar.

      21   "Q   Omar?

      22   "A   Yes.

      23   "Q   And how do you know Omar?

      24   "A   He was in Sudan.

      25   "Q   Okay, and what was Omar doing in Sudan?

                                                                    3200

       1   "A   He was a refugee who came from Kuwait.

       2   "Q   So he was a refugee from Kuwait who came to Sudan after

       3   Iran attacked Kuwait?

       4   "A   Right.

       5   "Q   What is Omar's nationality?

       6   "A   Palestinian.

       7   "Q   What was he doing there?

       8   "A   He was living with his family.  His whole family was

       9   there.

      10   "Q   Was he working for Usama Bin Laden?

      11   "A   No.

      12   "Q   Do you recognize any of the other five pictures?

      13   "A   No.

      14   "Q   Do you recognize -- did you have any of those other five

      15   pictures in your possession at any time that you recall?

      16   "A   No.

      17   "Q   Did you have a picture of Omar at any time that you

      18   recall?

      19   "A   I think he gave me his picture one time.

      20   "Q   And why did Omar give you this picture?

      21   "A   For memory.

      22   "Q   For memory?

      23   "A   Yes.

      24   "Q   Did he want anything for the picture?

      25   "A   I don't recall.

                                                                    3201

       1   "Q   Did he ever ask you to get a passport?

       2   "A   Yes.

       3   "Q   He did?

       4   "A   Yes.

       5   "Q   Why don't you tell the grand jury about the time Omar

       6   asked you to get him a passport.

       7   "A   The time?

       8   "Q   Did he ask you more than once?

       9   "A   No, just one time.

      10   "Q   Why did he come to you for a passport?

      11   "A   Because I travel a lot.

      12   "Q   Did he want a fake passport or a real passport?

      13   "A   He said whatever, any passport that you can get me, just

      14   bring it, because he wanted to leave Sudan because

      15   Palestinians don't have any passport.

      16   "Q   Did you get him a passport?

      17   "A   No.

      18   "Q   Why not?

      19   "A   Because I don't know how to get it.

      20   "Q   Then why did Omar think you could get a passport?

      21   "A   He thought because I travel I can get anything that I

      22   want.

      23   "Q   Did any of these other fellows ask you, the traveller,

      24   whether or not you can get them a passport?

      25   "A   I don't remember any of them.

                                                                    3202

       1   "Q   Turning over to the front of Grand Jury Exhibit 64, the

       2   person in the middle who you saw in Pakistan, the second

       3   picture in the second row, did he ever ask you to get him a

       4   passport?

       5   "A   No.

       6   "Q   OK.  Let me show you now -- do you recall telling the

       7   last grand jury that there came a time when a ferry sank in

       8   Lake Victoria in the summer of 1996?

       9   "A   Yes.

      10   "Q   Do you recall telling the last grand jury that you

      11   appeared in front of that you went to Lake Victoria to see

      12   about someone who died in that ferry accident?

      13   "A   Right.

      14   "Q   Did you go with anyone else when you went to Lake

      15   Victoria to find out about the person who drowned in Lake

      16   Victoria in the ferry incident?

      17   "A   I went alone.

      18   "Q   Did you see that person Harun Fazhil when you went to the

      19   scene of the ferry sinking?

      20   "A   Yes, he was there.

      21   "Q   What was Harun Fazhil doing there?

      22   "A   He was searching for the same thing.

      23   "Q   And what were you and Harun Fazhil searching for?

      24   "A   One of our colleagues in the Help Africa People agency.

      25   "Q   Can you tell the grand jury the name of the colleague at

                                                                    3203

       1   the Help Africa People Relief Agency that you were looking

       2   for?

       3   "A   What was his name?  I can't recall the name right now.

       4   "Q   How much time --

       5   "A   You probably have it.

       6   "Q   How much time did you spend looking for this person who

       7   you thought had drowned in the Lake Victoria ferry incident?

       8   "A   Two or three days.

       9   "Q   And it's a long -- how long is the travel from Nairobi to

      10   Lake Victoria?

      11   "A   I went by air.  It took two hours.

      12   "Q   So you flew to the scene of a ferry that sank.  You spent

      13   two or three days looking for someone and then you returned to

      14   Nairobi.

      15   "A   Right.

      16   "Q   And you can't remember to tell the grand jury the name of

      17   the person you were looking for?

      18   "A   I told you the name last time in front of the other grand

      19   jury.  If you tell me now I would remember it.  I can't

      20   remember it right now.

      21   "Q   Who asked you to go to the scene of the ferry sinking to

      22   find the drowned person?

      23   "A   I can't recall.

      24   "Q   Did you report to anyone once you spent two days at the

      25   scene of the ferry incident looking for something as to the

                                                                    3204

       1   results of the investigation?

       2   "A   Did I report to anybody?

       3   "Q   Did you report to anyone what you found out about the

       4   sinking of the ferry?

       5   "A   No.

       6   "Q   Did you report to Usama Bin Laden or anyone that worked

       7   for him what you found out about how the ferry sank?

       8   "A   No.

       9   "Q   As you sit here before this grand jury, you don't recall

      10   who sent you to the scene of the ferry incident, you don't

      11   recall reporting to anyone and you don't recall the name of

      12   the person you were looking for; is that correct?

      13   "A   Right now I don't.

      14   "Q   How many ferry sinkings have you gone to to investigate

      15   in your entire life?

      16   "A   Just one.

      17   "Q   What was so important about this ferry sinking that you

      18   got on an airplane and flew to spend two days to investigate

      19   the incident?

      20   "A   It was one of our colleagues.

      21   "Q   Close colleague?

      22   "A   Yes.

      23   "Q   Close enough that you can't remember his name as you sit

      24   here today?

      25   "A   I can't recall the name right now.  Last time I think I

                                                                    3205

       1   told you the name immediately.  Just look in the files and

       2   you'll remember and I'll remember.

       3   "Q   I don't doubt that it's in the file.  The question isn't

       4   what the name is, it's whether you can remember it, sir.

       5            Let me show you what has been marked as Grand Jury

       6   Exhibit 6, with the date September 10, 1998, and ask you if

       7   you recognize the person depicted in Grand Jury Exhibit 6?

       8   "A   Yes.

       9   "Q   Who is that?

      10   "A   It's Adel Habib.

      11   "Q   Who is Adel Habib?

      12   "A   He's the one who was on the ferry that I went to see.

      13   "Q   So you went to see Adel Habib who was on the ferry,

      14   correct?

      15   "A   Yes.

      16   "Q   Does Adel Habib have another name?

      17   "A   Not that I know of.

      18   "Q   Isn't Adel Habib known as Abu Ubaidah?

      19   "A   Not that I know of.

      20   "Q   Isn't Adel Habib a secret man who worked on behalf of

      21   Usama Bin Laden?

      22   "A   Adel?

      23   "Q   Yes.

      24   "A   No.

      25   "Q   And didn't he come to Kenya in secret in 1994, Abu

                                                                    3206

       1   Ubaidah al Banshiri?

       2   "A   I don't know anything about that.

       3   "Q   Didn't you report to Abu Ubaidah Al Banshiri when you

       4   were working in Kenya for Usama Bin Laden?

       5   "A   I never worked for Usama Bin Laden in Kenya.  I worked

       6   for him in Sudan.

       7   "Q   Sir, weren't you sent on behalf of Usama Bin Laden to

       8   investigate the drowning of his military commander Abu Ubaidah

       9   al Banshiri in Lake Victoria, 1996?  Yes or no.

      10   "A   Is that a question?

      11   "Q   Yes, it's a question.

      12   "A   Was I sent?

      13   "Q   Yes.

      14   "A   No.

      15   "Q   To investigate whether or not Abu Ubaidah Al Banshiri was

      16   dead?

      17   "A   No.

      18   "Q   Was Harun Fazhil sent to investigate whether or not Abu

      19   Ubaidah Al Banshiri had drowned in 1996?

      20   "A   I sent Harun Fawwaz there to check for Habib.

      21   "Q   And did you tell people that you had to go to Lake

      22   Victoria to find out whether or not Abu Ubaidah Al Banshiri

      23   had really drowned?

      24   "A   Abu Ubaidah Al Banshiri was not there.

      25   "Q   How do you know?

                                                                    3207

       1   "A   Well, I never knew that he was there.

       2   "Q   And you told us you would recognize Abu Ubaidah Al

       3   Banshiri if you saw him, correct?

       4   "A   Yes.

       5   "Q   Isn't Grand Jury Exhibit 6, the picture put in front of

       6   you that you have identified as Habib, is that not a picture

       7   of Abu Ubaidah al Banshiri under oath, sir?

       8   "A   I really can't recall if it's him or not.  I never had

       9   seen Abu Ubaidah Al Banshiri that often.  I probably saw him

      10   three or four times in my life.

      11   "Q   Let me show you Grand Jury Exhibit 49 with today's date,

      12   9/16/98.  It has a xerox of a passport contained in that

      13   exhibit.  Do you recognize that xerox of a passport?

      14   "A   The face, yes.

      15   "Q   And is that xerox of a passport something you maintain in

      16   your file?

      17   "A   No.

      18   "Q   Who is the face in that passport?

      19   "A   That's Adel Habib.

      20   "Q   And Adel Habib, you understand, was an Egyptian person,

      21   correct?

      22   "A   Yes.

      23   "Q   But he had a Dutch passport?

      24   "A   Right.

      25   "Q   Wasn't Abu Ubaidah Al Banshiri also known as Jalal?

                                                                    3208

       1   "A   I never heard that.

       2   "Q   Didn't you also hear that Adel Habib was also known as

       3   Jalal, J-A-L-A-L?

       4   "A   No.

       5   "Q   So your testimony is that you have never heard that Abu

       6   Ubaidah was known by the nickname or alias as J-A-L-A-L,

       7   correct?

       8   "A   Yes.

       9   "Q   You have never heard that Adel Habib was known by the

      10   nickname Jalal, J-A-L-A-L; is that your testimony?

      11   "A   Right.

      12   "Q   OK, and you and Harun Fazhil went down to investigate the

      13   drowning, you say, of Adel Habib, correct?

      14   "A   Correct.

      15   "Q   When you went there, did you obtain pictures of the

      16   ferryboat that had sank in 1996?  Let me show you what is

      17   marked as Grand Jury Exhibit 61, and see if you recognize the

      18   headlines about the boat sinking.

      19   A   I do.  I recognize this.

      20   "Q   OK.  Do you recognize the handwriting on Grand Jury

      21   Exhibit 61 which has the name Fazul Abdullah Comoros?

      22   "A   No.

      23   "Q   First of all, who is Fazul Abdullah?

      24   "A   I think it's Harun Fazhil.

      25   "Q   You think that's Harun Fazhil?

                                                                    3209

       1   "A   Right.

       2   "Q   Do you know whose handwriting that is that says Fazul

       3   Abdullah?

       4   "A   No, I can't recognize it.

       5   "Q   Is that your handwriting?

       6   "A   No.

       7   "Q   Did you keep this article about the ferry sinking that

       8   you investigated in your files?

       9   "A   No.

      10   "Q   For the record, you will agree with me that all these

      11   exhibits are in cellophane, so we are not adding any

      12   fingerprints.

      13            To that end, let me show you Grand Jury Exhibit 63

      14   with today's date, 9/16/96, which is in -- '98, which is in a

      15   plastic container to preserve the fingerprints, and ask you if

      16   you recognize there this Grand Jury Exhibit 63 which shows a

      17   picture of the ship that sank in Lake Victoria?

      18   "A   Yes.

      19   "Q   And is that an article that you kept in your file after

      20   you did the investigation of the boat sinking?

      21   "A   No, I never kept anything like that.

      22   "Q   Do you know who did the handwriting on that picture?

      23   "A   No.

      24   "Q   Do you know who had written Jalal with an arrow to the

      25   room in which he stayed?

                                                                    3210

       1   "A   No.

       2   "Q   Is that your handwriting?

       3   "A   No, that's not my handwriting.

       4   "Q   Is that Harun Fazhil's handwriting?

       5   "A   I don't know.  I think he doesn't write English.

       6   "Q   So Harun Fawwaz doesn't write English?

       7   "A   No.

       8   "Q   So if there is English handwriting, one thing we know for

       9   sure is that Harun Fazhil didn't write it, correct?

      10   "A   Correct.

      11   "Q   How many people were with you and Harun Fawwaz when you

      12   were investigating the drowning of Adel Habib?

      13   "A   With us?

      14   "Q   It was just the two of you?

      15   "A   There were so many people over there.

      16   "Q   I am not talking about the Red Cross, who was trying to

      17   save everyone who went down.  To try to investigate the

      18   drowning of Adel Habib, Was it just you and Harun Fawwaz?

      19   "A   He was there also.

      20   "Q   He was there, the person depicted in Grand Jury Exhibit

      21   2?

      22   "A   Yes, and his brother.

      23   "Q   And his brother?

      24   "A   Yes.

      25   "Q   Do you now remember what the name of the person depicted

                                                                    3211

       1   in Grand Jury Exhibit 2 might be?

       2   "A   I can't recall his name.

       3   "Q   Can you tell us the name of his brother?

       4   "A   I can't remember.

       5   "Q   When you did the investigation, did you learn that when

       6   the person you called Habib drowned there was someone else in

       7   his room?

       8   "A   Yes, his brother.

       9   "Q   The brother of the person in Grand Jury Exhibit 2?

      10   "A   Yes.

      11   "Q   And I take it that the brother of the person depicted in

      12   Grand Jury Exhibit No. 2 did not drown?

      13   "A   No, he didn't.

      14   "Q   So you were speaking to the person who was the brother of

      15   the person depicted in Grand Jury Exhibit 2 about what

      16   happened, correct?

      17   "A   Yes.

      18   "Q   And he was telling you about how the guy in his cabin

      19   drowned, correct?

      20   "A   Yes.

      21   "Q   And it's your testimony under oath to this grand jury

      22   that you were never told that the person that drowned was Abu

      23   Ubaidah Al Banshiri.

      24   "A   Never.

      25   "Q   And you were never told that the person who drowned was

                                                                    3212

       1   also known as Jalal.

       2   "A   Never.

       3   "Q   Do you recall writing a report to be sent to Usama Bin

       4   Laden to explain to him that in fact Abu Ubaidah Al Banshiri

       5   had drowned?

       6   "A   No.

       7   "Q   Why don't we take a break here.  We are going to take a

       8   short break.  Mr. El Hage, if you could step outside.  The

       9   grand jury reporter is going to take five minutes to rest her

      10   hands and then we will reconvene shortly.  You can wait in

      11   that little entree room.

      12            "Witness excused.

      13            "Time noted 12:10 p.m.

      14            "Time noted 12:20 p.m.

      15            "Witness resumes.

      16            "The foreperson:  I remind you that you are still

      17   under oath.

      18   "Q   Now, Mr. El Hage, before the break we had been discussing

      19   certain files that Harun Fazhil had removed from your house

      20   and tried to give to the person Ahmed, who was affiliated with

      21   Mercy International.  Do you recall what was in those files

      22   besides the phone bills you mentioned?

      23   "A   Probably some letters to Slovakia and Sudan.

      24   "Q   Anything else you recall?

      25   "A   No.

                                                                    3213

       1   "Q   How about documents concerning cars?

       2   "A   Cars?  I don't recall that.

       3   "Q   Did you run a company or were you run a company known as

       4   Asma, A-S-M-A that was involved in importing vehicles into

       5   Kenya and Tanzania?

       6   "A   No.  I think that's the company that his name we

       7   mentioned before, was in England, al Fawwaz.  He used to run

       8   this company.

       9   "Q   Do you know any reason why Khalid al Fawwaz's company's

      10   documents would be in your files?

      11   A   He left them with me when he left.

      12   "Q   Why did Khalid al Fawwaz leave the files for his car

      13   business with you?

      14   "A   They put the whole business, and it did not work any

      15   more.  That company didn't work any more, so he just left them

      16   with me.

      17   "Q   Did you do business with that company?  Did you take over

      18   the business?

      19   "A   No.

      20   "Q   You just kept the files?

      21   "A   Right.

      22   "Q   So in your files that Harun Fawwaz removed would be the

      23   documents for Khalid al Fawwaz's business, Asma, A-S-A-M-A?

      24   A   Yes.

      25   "Q   And some phone bills, correct?

                                                                    3214

       1   "A   Right.

       2   "Q   Were the phone bills for a land line phone or for

       3   cellular phone?

       4   "A   I think both.

       5   "Q   There were some letters you recalled having to do with

       6   the business with Slovakia.

       7   "A   Right.

       8   "Q   Any personal letters that you recall were in the file?

       9   "A   Maybe letters to Khalid al Fawwaz in England.

      10   "Q   Did you have documents concerning a fishing boat?

      11   "A   Fishing boat?  I don't recall that.

      12   "Q   OK.  Let me show you what has been marked as Grand Jury

      13   Exhibit 60 with today's date, September 16, 1998, and it is in

      14   a plastic envelope to preserve fingerprints, and it says

      15   J-I-H-A-N Freighters.

      16   "A   Yes.

      17   "Q   And it talks about a shipment from the consigner Wadih El

      18   Hage, Nairobi, to the consignee, and it says Mohamed,

      19   M-O-H-A-M-E-D, O-U-D-E-H, or M. K-A-R-A-M-A.

      20            "Do you recognize this document?

      21   "A   No.

      22   "Q   Do you agree that your name appears on the document,

      23   Wadih El Hage?

      24   "A   Yes.

      25   "Q   Do you know of anyone else with the name Wadih El Hage?

                                                                    3215

       1   "A   Just me.

       2   "Q   Just you.  Do you know M. Karama?

       3   "A   Yes.

       4   "Q   Who is M. Karama?

       5   "A   He's a Kenyan who used to help me also with organization.

       6   "Q   Did he live in your house from time to time?

       7   "A   Yes.

       8   "Q   And Harun Fazhil, whose picture is Grand Jury Exhibit 7,

       9   did he live in your house in Kenya?

      10   "A   Yes.

      11   "Q   So Harun worked with you and lived in your home, Correct?

      12   "A   He lived -- whenever I traveled, he lived with his wife

      13   to take care of my family whenever I traveled.

      14   "Q   And when he worked for you, did he have access to your

      15   computer?

      16   "A   Well, he was the main one who had access to my computer.

      17   "Q   So he was the guy who would write things on the computer

      18   that you owned?

      19   "A   Right.

      20   "Q   Who is Mohamed Odeh?

      21   "A   I don't know.

      22   "Q   Have you ever heard that name before?

      23   "A   Odeh?  I heard that name before, yes.  I can't recall who

      24   is it.

      25   "Q   Have you ever met Mohamed Odeh?

                                                                    3216

       1   "A   Mohamed Odeh?  I think it's Odeh.  I think it's Mohamed

       2   Ali Odeh.

       3   "Q   And that would be Mohamed A-L-I Odeh?

       4   "A   Yes.

       5   "Q   Where is Mohamed Ali Odeh from?

       6   "A   From Jordan.

       7   "Q   From Jordan?

       8   "A   Yes.

       9   "Q   Where did he grow up?  In Jordan?

      10   "A   In Jordan, yes, or Palestine.  I don't know.

      11   "Q   Would he be a Palestinian person who grew up in Jordan?

      12   "A   I don't recall.

      13   "Q   How did you meet Mohamed Ali Odeh?

      14   "A   He lived in the same complex that I lived in in Nairobi.

      15   "Q   In where?

      16   "A   Nairobi.

      17   "Q   Were you close to Mohamed Ali Odeh?

      18   "A   We met first time when he needed some help.  He had four

      19   girls and ran out of money, so he knew that I was from

      20   Lebanon, so he came to my house and asked me if I can help him

      21   because they had some financial problems.  That's how it

      22   started.

      23   "Q   What year was this?

      24   "A   The end of '96.

      25   "Q   And what kind of help did he want?

                                                                    3217

       1   "A   He wanted some money to pay for his girls' school fee.

       2   "Q   Did you give him the money?

       3   "A   Yes.

       4   "Q   How much money did you give him?

       5   "A   I can't remember.  Probably around 10,000 shillings.

       6   "Q   And would that roughly be a couple hundred dollars?

       7   "A   Yes, something like that.

       8   "Q   Had you met him before this occasion in 1996 where he

       9   asked you for money?

      10   "A   No, never.

      11   "Q   Do you know if this Mohamed Ali Odeh knew Usama Bin

      12   Laden?

      13   "A   I don't think so.

      14   "Q   Do you know if this Mohamed Ali Odeh ever went to

      15   Afghanistan?

      16   "A   No.

      17   "Q   Do you know if this Mohamed Ali Odeh ever went to

      18   Somalia?

      19   "A   No.

      20   "Q   Do you know if this Mohamed Ali Odeh ever had explosives

      21   training?

      22   "A   No.

      23   Q   After you met him for the first time -- strike that.

      24            "When you gave him the 10,000 shillings, in fact, was

      25   that the first time you met Mohamed Ali Odeh?

                                                                    3218

       1   "A   That was the first time, yes.

       2   "Q   How many times after that did you see Mohamed Ali Odeh?

       3   "A   After that, we became business partners.

       4   "Q   You became business partners?

       5   "A   Yes.

       6   "Q   What business were you partners in?

       7   "A   The stone business, gemstones.

       8   "Q   What kinds of gemstones?

       9   "A   All kinds, ruby, tanzanite, sapphire.

      10   "Q   What did Mohamed Odeh look like?

      11   "A   He's an old man in his -- I think 55 or 60 years old.

      12   "Q   55 or 60 years old?

      13   "A   Yes.

      14   "Q   Let me show you Grand Jury Exhibit 5 with today's date,

      15   September 16, 1998.  Look at these again and tell the grand

      16   jury whether or not you recognize Grand Jury Exhibit 5 as

      17   Mohamed Ali Odeh?

      18   "A   No, that's not him.

      19   "Q   You do not recognize him?

      20   "A   No.

      21   "Q   Do you recognize Grand Jury Exhibit 5 as Mohamed Odeh?

      22   "A   I have never seen this person before.

      23   "Q   You never saw this person before?

      24   "A   Except on TV.

      25   "Q   Except on TV.  You are aware that this person is charged

                                                                    3219

       1   with the bombing of the U.S. Embassy in Nairobi which killed

       2   more than 250 people, are you not?

       3   "A   He was charged with that?

       4   "Q   Yes.

       5   "A   I don't recall.  I remember seeing the picture on TV.

       6   "Q   It is your testimony to this grand jury under oath that

       7   you have never met this person depicted in Grand Jury Exhibit

       8   5 in your entire life?

       9   "A   I don't recall meeting him at all.

      10   "Q   It is your testimony that this person, who I will advise

      11   you whose name is Mohamed Odeh --

      12   A   His name is Mohamed Odeh?

      13   "Q   -- is not the same person that appears on Grand Jury

      14   Exhibit 60 with today's date, showing a document that you were

      15   shipping something from you to Mohamed Odeh?

      16   "A   I never shipped anything like that.

      17   "Q   You never shipped anything like, pointing to Grand Jury

      18   Exhibit 60, this document entitled J-I-H-A-N Freighters?

      19   "A   No.

      20   "Q   Did you ever ship anything to this person in -- depicted

      21   in Grand Jury Exhibit 5?

      22   "A   Never.

      23   "Q   Do you recall attending a wedding of a person depicted in

      24   Grand Jury Exhibit 5 in Kenya?

      25   "A   His wedding?

                                                                    3220

       1   "Q   His wedding.

       2   "A   In Kenya, no.

       3   "Q   Do you recall driving the groom, the person depicted in

       4   Grand Jury Exhibit 5 around after the wedding?  Yes or no.

       5   "A   No, never seen this person.

       6   "Q   Do you recall being told that the person depicted in

       7   Grand Jury Exhibit 5 works for Usama Bin Laden, had been to

       8   Afghanistan, trained in explosives, had been to Somalia to

       9   fight against United States troops?  Yes or no.

      10   "A   No.

      11   "Q   Were you aware that Mohamed Odeh was in Kenya on behalf

      12   of Usama Bin Laden?

      13   "A   No, no.

      14   "Q   Weren't you looking out for and giving advice to the

      15   person depicted in Grand Jury Exhibit 5, Mohamed Odeh, because

      16   in fact you knew that this person was there on behalf of Usama

      17   Bin Laden?

      18   "A   Say that again.

      19   "Q   Were you not looking out for the person depicted in Grand

      20   Jury Exhibit 5, and by that I mean giving him help and advice,

      21   because you knew that he was in Kenya and was a friend of

      22   Usama Bin Laden?

      23   "A   No.

      24   "Q   Did you not provide an identity document to the person

      25   depicted in Grand Jury Exhibit 5, Mohamed Odeh, from your

                                                                    3221

       1   organization Help Africa People?  Yes or no.

       2   "A   Did I give him any help from the organization?

       3   "Q   Yes.

       4   "A   No.

       5   "Q   Did you give him an identity document to use with his

       6   name and that picture?

       7   "A   Never.

       8   "Q   Did you give him an identity document to use with any

       9   picture of him?

      10   "A   I don't remember seeing this person before or this

      11   picture.

      12   "Q   How many weddings did you attend in Kenya while you lived

      13   there?

      14   "A   Three or four.

      15   "Q   Three or four.  And did any of the grooms look anything

      16   like the person depicted in Grand Jury Exhibit 5?

      17   "A   I don't recall.

      18   "Q   As you sit here today, you are telling this grand jury

      19   you have no recollection of the person depicted in Grand Jury

      20   Exhibit 5?

      21   "A   Yes, sir, I don't.

      22   "Q   You have no recollection?

      23   "A   Right."

      24            THE COURT:  All right, we will break there and we

      25   will resume on Monday.  Have a pleasant weekend.  Stay

                                                                    3222

       1   healthy.  Remember not to read or listen to anything about

       2   this case.  We are adjourned until Monday morning.

       3            (Jury excused)

       4            THE COURT:  Anything before Monday?  Any reason why

       5   we should meet early Monday morning?  All right then, we are

       6   adjourned until Monday.

       7            (Proceedings adjourned until Monday, March 26, 2001,

       8   at 10:00 a.m.)

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3223

       1

       2                        INDEX OF EXAMINATION

       3   Witness                    D      X      RD     RX

       4   ROBERT MIRANDA..........3083   3084    3134    3138

       5   ABIGAIL SEDA............3141

       6                        GOVERNMENT EXHIBITS

       7   Exhibit No.                                     Received

       8    451C .......................................3144

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

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