Alleged 9/11 mastermind won't testify


Posted on Wed, Jul. 30, 2008

http://www.miamiherald.com/news/miami-dade/breaking-news/story/623820.html

BY CAROL ROSENBERG


 <mailto:[EMAIL PROTECTED]> [EMAIL PROTECTED] 

 
<http://www.miamiherald.com/news/miami-dade/breaking-news/story/623820.html#
x> Reputed al Qaeda kingpin Khalid Sheik Mohammed as portrayed in the sketch
on the left from his military commissions apperance June 5, 2008, at the
U.S. Navy base at Guantánamo Bay, Cuba, shows a much changed man from the
image taken by Pakistani security forces at the time of his March 4, 2003
capture.
Reputed al Qaeda kingpin Khalid Sheik Mohammed as portrayed in the sketch on
the left from his military commissions apperance June 5, 2008, at the U.S.
Navy base at Guantánamo Bay, Cuba, shows a much changed man from the image
taken by Pakistani security forces at the time of his March 4, 2003 capture.

GUANTANAMO BAY NAVY BASE, Cuba -- Reputed 9/11 mastermind Khalid Sheik
Mohammed has balked at testifying in person at the trial of Osama bin
Laden's driver, defense lawyers said Wednesday. Instead, the jury will get
written statements from the al Qaeda kingpin and another alleged plotter in
the Sept. 11, 2001, terror attacks.

Lawyers for Salim Hamdan, 37, plan to use the testimony of Mohammed and
Walid Bin Attash to try to exonerate the driver, Hamdan, of being an al
Qaeda co-conspirator.

One of those men has already written Hamdan's lawyers that the Yemeni with a
fourth-grade education ''Was not fit to plan or execute,'' according to
defense attorney Harry Schneider of Seattle. ``He is fit to change tires.
And oil filters.''

The argument dovetails nicely with the driver's defense that he never joined
al Qaeda, did not know in advance about the details of al Qaeda terror plots
and merely drove for $200 a month -- and not for ideology.

The prosecution says he admitted to knowing broadly that ''operations'' were
coming, and took part in high-security motorcades that spirited bin Laden
and other top al Qaeda leaders safely around Afghanistan, in case of U.S.
reprisal.

Moreover, they describe Hamdan as a sometime member of the al Qaeda leader's
elite bodyguard unit, and a sometime weapons courier.

Defense lawyers have tried for months to get access to the alleged al Qaeda
senior leaders in U.S. custody, formerly held by the CIA. The government
resisted, until the eve of trial. The idea was to bring in what defense
lawyers call self-confessed terrorists, people who are reportedly proud of
their deeds to describe what Hamdan's role was in the organization, if any.

But Schneider notified the trial judge, Navy Capt. Keith Allred, late
Wednesday afternoon that the so-called high-value detainee known in CIA
circles as ''KSM'' would not be testifying in person, and neither would Bin
Attash, who like Hamdan is a Yemeni.

Bin Attash is also implicated in both the 9/11 plot and the October 2000
bombing of the USS Cole of Aden, Yemen, an event that Hamdan claims to have
first believed was carried out by the Israelis, not his boss. Seventeen
soldiers died in the suicide attack by two men who blew up an
explosives-laden boat alongside the $1 billion U.S. Navy destroyer -- and
Yemeni President Ali Abdullah Saleh initially blamed Israel's Mossad.

Last week, ''KSM refused to meet'' with Lt. Cmdr. Brian Mizer, Schneider
told the trial judge. Mizer is Hamdan's Pentagon-appointed attorney, and had
the necessary security clearances to meet with former CIA-held captives.
Schneider did not.

Moreover, Mohammed ''sent notice through his detailed defense counsel that
he would refuse to go to court.'' So Schneider said they would use his and
Bin Attash's earlier written responses to questions sent to them by the
Hamdan.

Of Mohammed, who has convinced a Marine Corps judge to let him defend
himself at his own death penalty trial, Schneider said: ``I see no value to
seeing him testify forcibly.''

Still unclear was whether another supposed bin Laden lieutenant, Mahdi al
Iraq, would be called to testify as the lone high-value detainee at the
Hamdan trial.

 
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