11960 51A5SAT1 1 UNITED STATES DISTRICT COURT 1 SOUTHERN DISTRICT OF NEW YORK 2 -------------------------------------x 2 UNITED STATES OF AMERICA, 3 3 v. S1 02 Cr. 395 (JGK) 4 4 AHMED ABDEL SATTAR, a/k/a "Abu Omar," 5 a/k/a "Dr. Ahmed," LYNNE STEWART, 5 and MOHAMMED YOUSRY, 6 6 Defendants. 7 -------------------------------------x 7 8 January 10, 2005 8 9:33 a.m. 9 9 10 10 Before: 11 HON. JOHN G. KOELTL 11 12 District Judge 12 13 13 APPEARANCES 14 14 DAVID N. KELLEY 15 United States Attorney for the 15 Southern District of New York 16 ROBIN BAKER 16 CHRISTOPHER MORVILLO 17 ANTHONY BARKOW 17 ANDREW DEMBER 18 Assistant United States Attorneys 18 19 KENNETH A. PAUL 19 BARRY M. FALLICK 20 Attorneys for Defendant Sattar 20 21 MICHAEL TIGAR 21 JILL R. SHELLOW-LAVINE 22 Attorneys for Defendant Stewart 22 23 DAVID A. RUHNKE 23 DAVID STERN 24 Attorneys for Defendant Yousry 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11961 51A5SAT1 1 (Trial resumed; jury not present) 2 THE COURT: Good morning, all. Let's bring in the 3 jury. 4 MR. TIGAR: Shall I move to the lecturn, your Honor? 5 Thank you. I will take this off here. 6 THE COURT: Mr. Fletcher advises that the jury is 7 going to be a couple of minutes. I would remind the jurors at 8 the beginning of my usual instructions about summations that 9 nothing the lawyers say is evidence. Basically the lawyers 10 submit that they submit the evidence shows or does not show and 11 that all issues of law, they are to follow my instructions on 12 the law. 13 If any lawyer says a principle of law different from 14 what I say it is my instructions that they must follow and they 15 are to continue to apply those instructions throughout all the 16 summations. And we are just waiting now. 17 MR. TIGAR: Your Honor, will you be saying that it is 18 the purpose of summations to argue to the jury what we claim 19 the evidence does or does not show? 20 THE COURT: Right. 21 MR. TIGAR: Will you be giving that part? 22 THE COURT: Yes. 23 MR. TIGAR: Thank you. 24 THE COURT: The lawyers submit what they submit the 25 evidence does or does not show. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11962 51A5SAT1 1 MR. TIGAR: Thank you very much. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11963 51A5SAT1 1 (Jury present) 2 THE COURT: Good morning, ladies and gentlemen. 3 THE JURY: Good morning, your Honor. 4 THE COURT: It is good to see you all. 5 Ladies and gentlemen, we are going to continue with 6 the summations. Please remember all of my continuing 7 instructions that you are to continue to apply throughout all 8 of the summations even if I don't, as I have told you, repeat 9 them after every break. 10 Remember that nothing the lawyers say is evidence. 11 The lawyers submit to you what they submit the evidence in the 12 case has shown or not shown. 13 On all issues of law, it is my instructions on the law 14 that you must follow. If any lawyer states a principle of law 15 different from what I say that the law is, of course it is my 16 instructions on the law that you must follow. 17 And remember that you are to continue to apply these 18 instructions throughout the summations and I will repeat them 19 again in the course of my final instructions to you. 20 All right, Mr. Tigar, you may proceed. 21 MR. TIGAR: Thank you, your Honor. 22 I will wind this up as expeditiously as I can in 23 talking about what the evidence does and does not show. The 24 "does not show" has to do, in our respectful submission, with 25 this idea of reasonable doubt. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11964 51A5SAT1 1 Now, on Thursday when we were last here I had 2 mentioned that really it is one percent of Lynne Stewart's life 3 that is on display here if you look at her caseload and the 4 other matters she was handling. 5 Now, the reason that she took the stand, and you know 6 she was on the witness stand there for you to see for all or 7 part of nine days, the reason was to put all of this into the 8 context of her life because the government didn't tap her 9 phone. She was picked up when she would call people whose 10 phones were tapped or when she wandered into other 11 surveillances. 12 I am not going to take your time by going through her 13 testimony and putting up pieces of transcript. As I said on 14 Thursday, that's at war with the way I learned how to do this. 15 If we were going to try the case based on reading transcript we 16 could have faxed it in and she wouldn't have to be on the 17 witness stand. She was there. You saw her, you observed her 18 demeanor, you watched her on cross-examination and you watched 19 something very important, I submit to you when you evaluate her 20 good faith, which we submit is a key concept. 21 Lynne Stewart achieved success in her profession in 22 the branch of her profession that she chose to work in, not 23 uptown, Wall Street, real estate. There is nothing wrong with 24 all of that branch of the profession, she chose to do her 25 profession in her community. And she chose it because her life SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11965 51A5SAT1 1 experience, as she worked in the school up in Harlem and down 2 in the East Village, down in the projects, she saw every day 3 what was happening, particularly to young people in her 4 community, and decided she was going to do something about it. 5 She earned her place. 6 Now, you will recall that the government confronted 7 her with her radical politics and the principal thing they 8 confronted her with was a newspaper article that appeared in 9 1995 by a man named Joe Fried in the New York Times while she 10 was trying the Sheikh's case where she talked about her views 11 about violence. 12 Now, the Judge is going to instruct you about the 13 rights every American has to embrace dissident views, but isn't 14 it interesting that although those views were ones that she 15 publicly expressed in 1995, apparently whatever her views were 16 and she made no secret of them ever, the government is indeed 17 taxed with that, can you imagine Lynne Stewart making secretive 18 her views? 19 Pat Fitzgerald came here, the only government witness 20 who had a long experience working with Lynne Stewart, and he 21 told you, under oath, that he respected her as a person, that 22 he liked her, that she did a good job, that she was a well 23 respected lawyer back at the time that she was expressing those 24 views as well as trying the Sheikh's case. 25 Now, in talking about Lynne Stewart's approach to what SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11966 51A5SAT1 1 she did, I submit to you that one of the most significant 2 things was her way of talking about what the media and the 3 government were trying to do to her client. She referred to 4 that as demonization. How do governments justify doing things 5 to people? They justify it by inviting whoever has decided to 6 regard that person as the other, not quite human, not us, the 7 other, different. And then they move from that to justifying 8 whatever else they're asking to you do. 9 Now, make no mistake, members of the jury, Sheikh 10 Abdel Rahman was convicted of very serious crimes. He was 11 being punished and we have seen no proper purpose in retrying 12 him here. But I also ask you to remember that the only 13 witnesses in this case, the live witnesses, the evidence which 14 is your exclusive province, yours to judge, nobody else's; the 15 only witnesses whoever testified they met and talked to Sheikh 16 Abdel Rahman after the SAMs were imposed in 1997 were Ramsey 17 Clark, Larry Schilling, Lynne Stewart, Mohammed Yousry, 18 Dr. Edwardy and the prison clerk Ms. Christiansen. They're the 19 only ones that met him, talked to him. And Mr. Fitzgerald, 20 even though he tried the case for nine months, didn't say he 21 had ever met him. Mr. Sattar never met him after the SAMs were 22 imposed. 23 So, the witnesses, with the exception of Dr. Edwardy 24 and the clerk, the real live people that actually met him and 25 talked to him were defense witnesses and they all told you SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11967 51A5SAT1 1 about the effort to get him out of the United States so that he 2 would not be a lightning rod for protest. 3 Lynne Stewart Exhibit 1 is a heavily redacted 4 memorandum from the Bureau of Prisons in 1997 and it is a 5 pro-Bureau of Prisons document but it -- from Kathleen Hawk -- 6 and it talks about having a meeting to talk, discuss how to 7 best counteract the threat posed should inmate Rahman's health 8 seriously deteriorate or should he die while incarcerated. 9 Of course if he is dead he is not going to be urging 10 people to do violence -- he would be dead. But the government 11 would still fear that others might take advantage of the 12 situation which is exactly what we've been saying. 13 These real live people acting in good faith said that, 14 first, they regarded the SAMs as something that they could work 15 within and that they did in good faith and also that they 16 thought that it was reasonable to try to get him to Egypt. Not 17 to exonerate him. 18 You know, one of the things the evidence in this case 19 abundantly shows is that the Egyptians are very good at 20 punishing people and if the Sheikh chose to go there, that 21 would be a constructive thing to do. 22 And as I reminded you early on, the fact that two 23 government lawyers disagree about what the SAMs said is a 24 powerful, powerful statement. 25 And I don't want to forget and I will even take the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11968 51A5SAT1 1 risk of boring you by reminding you again in 1731 where Abdel 2 Rahman says that he doesn't want -- that's that June 23, 2000 3 call -- he doesn't even want Mr. Taha to get back from 4 Afghanistan and be involved in the IG work. 5 Now why is that significant? This part I didn't say. 6 It is significant because the allegation is that Lynne Stewart 7 somehow conspired to provide Abdel Rahman to a conspiracy to 8 kill or kidnap and involve Mr. Taha. Well, if her client 9 didn't want to be provided to Mr. Taha or have Mr. Taha 10 provided, it becomes very difficult to see how the government's 11 case makes any sense. 12 And Lynne Stewart told you that she understood who 13 Mr. Taha was, that he was someone who opposed the cease-fire. 14 And as you look at 1731 you will also see that any -- 15 Mr. Yousry is asking, he asks the Sheikh if he wants the Sheikh 16 to have Ms. Stewart call Mr. Taha. And the Sheikh says no. 17 Of course, there is no evidence that Lynne Stewart 18 would even know how to do it even if he wanted to have it done. 19 She didn't speak his language, no evidence she even knows where 20 he is, and indeed no evidence that that was ever translated for 21 Ms. Stewart. 22 Ms. Stewart also told you about the way lawyers do 23 their jobs. She said she never violated any undertaking or 24 promise she made. She said she was bound by the ethical rules 25 that governed lawyer behavior. She never violated any command SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11969 51A5SAT1 1 or restriction. 2 Now maybe that's hard to see. Maybe the idea that 3 lawyers representing these people that are accused of terrorism 4 makes folks a little nervous so let's take it out of that 5 context if we can as you consider the evidence and let me 6 suggest this to you. 7 In our jobs everybody -- everybody's job -- we're 8 governed by rules and the rules tell us how to do our job so 9 that we can take pride in our work. Don't tell me how to do my 10 job. People say that all the time about their own job. It's a 11 common complaint. And lawyers do have a special set of rules 12 that reinforce their right to say this. Don't tell me how to 13 do my job. Lynne Stewart testified, these are rules, ethical 14 considerations and aspirational rules that are governed by 15 state law. That's the oath you take to be a lawyer, this 16 obligation to use independent judgment, and I thought maybe I 17 could give you an analogy. 18 Do you remember Dr. Edwardy? He's the bald fellow, he 19 is the homeopathic or osteopathic physician that was the 20 medical director, spent his career first as a physician 21 assistant and then as a doctor working in the prison. And I 22 must say that there are some questions that we put to him and 23 arguments that we made that disagree with how he did his job. 24 So, I cross-examined him about the failure to 25 communicate with his patient about religion, about the fact SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11970 51A5SAT1 1 that his patient was isolated, isolated in a unique way about 2 how they have these special meetings with all these prison 3 officials, a chat with them, administrative people, and so on, 4 in the prison. 5 (Continued on next page) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11971 51AMSAT2 Summation - Mr. Tigar 1 MR. TIGAR: That the isolation might have enhanced the 2 other senses. But the doctor gives daily reports, we also 3 brought out. He didn't go into the cell every morning and say: 4 Good morning, you dirty, convicted terrorist, how can we deal 5 with you today? He said: Good morning, you're in fine fetter 6 this morning. He would know, well, the patient is rather surly 7 today. How can I help you? He approached you as a 8 professional. 9 Then right at the end of his testimony, perhaps maybe 10 hoping I would score a point, I pulled out a prison rule about 11 how the Sheikh was to be treated if he had a life-threatening 12 illness. Was there anything different, I ask, about the way 13 that your patient was to be handled in the event of a serious 14 or life-threatening medical emergency as compared to other 15 people under your care? Sir, yes, there was. One of those 16 differences is that he could not be transported from the 17 special housing unit without direct authorization from the 18 warden? Special housing unit is another word for the isolation 19 cell. Bureaucratic talk. That's correct, he says. And that 20 was so even if he had a serious or life-threatening medical 21 emergency, correct? That's correct. And then I asked this: 22 And this was a matter that was decided by the warden consistent 23 with her responsibility, correct? Yes. 24 "Q And that is to say it was not a decision made by the 25 medical staff or the administrative staff, correct?" SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11972 51AMSAT2 Summation - Mr. Tigar 1 And he shot back with an answer: That's correct. But 2 I do not believe that the warden would have ever overruled the 3 medical staff had we said that he was in danger of dying and 4 needed to be transferred. 5 Members of the jury, that is Dr. Edwardy's bubble. 6 That is Dr. Edwardy's supreme confidence that no matter what 7 that regulation said that he, a medical professional, would be 8 given the latitude to do his job by his rights. I submit to 9 you that is an analogy that bears some relationship to this 10 case. 11 Lynne Stewart got even more precise. First she talked 12 about the lawyer-client privilege. You remember the prosecutor 13 tried to cross-examine her with a Court of Appeals case. And 14 she made clear that the lawyer-client privilege, that's what 15 happens if a lawyer is talking directly to the client. That's 16 a privileged conversation. And that's narrower than the 17 lawyer-client relationship. How does the lawyer find out what 18 to talk to the client about? Well, by doing legal and factual 19 research, by going and finding facts. And she told you that 20 these principles about how doing that are matters of the 21 ethical considerations that are issued by the state bar where 22 she is a member. 23 And I asked her one at a time about those and read 24 them. They are not in evidence as exhibits, but I am going to 25 put up the text of them because they provide the framework for SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11973 51AMSAT2 Summation - Mr. Tigar 1 what she did. 2 History is replete of instances of distinguished 3 sacrificial services by lawyers who have represented unpopular 4 clients and causes. I'll skip down. A lawyer's representation 5 of a client, including representation by appointment, does not 6 constitute an endorsement of the client's political, economic, 7 social, or moral views or activities. That's an aspirational 8 standard of this profession. A lawyer is under no obligation 9 to act as advisor or advocate for every person who may wish to 10 become a client, but in furtherance of the objective of the bar 11 to make legal services fully available, a lawyer should not 12 lightly decline proffered employment. I submit to you that's 13 what Ramsey Clark said. 14 It is important that the world see that this case is 15 aggressively defended. The fulfillment of this objective 16 requires acceptance by a lawyer of a fair share of tendered 17 employment which may be unattractive both to the lawyer and the 18 bar generally. Given the consequences of Lynne Stewart doing 19 her job, coupled with the extremely modest fee that she 20 received, that consideration has a kind of an ironic aspect as 21 well as being relevant. 22 Then both the fiduciary relationship existing between 23 the lawyer and client and the proper function of the legal 24 system require the preservation by the lawyer of confidences 25 and secrets of one who has employed or sought to employ the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11974 51AMSAT2 Summation - Mr. Tigar 1 lawyer. A client must feel free to discuss anything with his 2 or her lawyer and a lawyer must be equally free to obtain 3 information beyond that volunteered by the client. A lawyer 4 should be fully informed of all the facts of the matter being 5 handled in order for the client to obtain the full advantage of 6 our legal system. It is for the lawyer in the exercise of 7 independent professional judgment to separate the relevant and 8 important from the irrelevant and unimportant. The observance 9 of the ethical obligation of a lawyer to hold inviolate the 10 confidences and secrets of a client not only facilitates the 11 full development of facts essential to proper representation of 12 the client, but also encouraged nonlawyers to seek early legal 13 assistance. 14 Independent professional judgment, members of the 15 jury. And, of course, there will be many times when 16 prosecutors disagree. That's why it is called the adversary 17 system, not the do what the prosecutor wants system, not the 18 let the government make the final decision system. It is 19 called the adversary system and it is called independent 20 professional judgment. 21 A lawyer should exert best efforts to insure that 22 decisions of the client are made only after the client has been 23 informed of relevant considerations. 24 I won't read the whole thing. The testimony is there. 25 The duty of a lawyer, both to the client and to the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11975 51AMSAT2 Summation - Mr. Tigar 1 legal system, is to represent the client zealously within the 2 bounds of the law, which includes disciplinary rules and 3 enforceable professional regulations, the professional 4 responsibility, to seek any lawful objective through legally 5 permissible means. And then: The bounds of the law in a given 6 case are often difficult to ascertain. I won't read it out. 7 It is there. Let me leave it on the board for a minute. 8 Those are the principles that Lynne Stewart was guided 9 by and that's what she testified to. She took the stand and 10 she testified about her understanding, not just of some 11 abstract general principles, but of these ideas that are 12 central to the functioning of the democratic society. 13 In this argument I began by talking about the 14 elements. I arraigned as best I could the prosecutor's 15 summation, what the evidence will show. They will get a 16 rebuttal summation. That's why I use my analogy, it wasn't my 17 obligation to build you a building. I was like the building 18 inspector that pointed out that there are reasonable doubts 19 whether this building they have tried to construct holds 20 together. I want to go back for a minute. The judge has told 21 you over and over again that he will instruct you on the law. 22 The judge has told you over and over again not to single out 23 any particular instruction. His instructions on the law will 24 cover several hours and you will have a copy of them in the 25 jury room. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11976 51AMSAT2 Summation - Mr. Tigar 1 So maybe, maybe you will say, you know what, all this 2 lawyer talk, this lawyer rhetoric doesn't move me, defense 3 rhetoric, prosecution rhetoric. And I don't use the word 4 rhetoric as an insult. Rhetoric, which is the science of 5 argument. There are books on it. Go back 600 years B.C. 6 That's fine. It is an old honorable tradition. But maybe 7 that's not the way you choose to decide. Well, fine. You will 8 have the judge's instructions. Don't single out any one 9 instruction. 10 There are principles there, principles that are basic 11 to our system so that you could say, look, overall, I think 12 that Ms. Stewart was negligent, not guilty. I think she was 13 mistaken, but in good faith not guilty. I think she did the 14 conduct, but she didn't have the specific -- the intent that's 15 described in the judge's instructions not guilty. So many 16 roads to not guilty. And if you look at the matter that way, 17 which you may decide to do because it is your province to 18 figure out the case, you may see that this case is a great deal 19 less than the government has claimed, but also, members of the 20 jury, I am going to say this in a concluding bit in just a 21 little while. It involves a great deal more than they have 22 admitted. 23 You're going to have the indictment also. Members of 24 the jury, the judge will tell you that's just a charge. We 25 didn't draft it. It contains many, many allegations. The SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11977 51AMSAT2 Summation - Mr. Tigar 1 essential matters I submit to you are the elements of the 2 offenses. And if there is any one element of any offense there 3 is a reasonable doubt on that charge as to Lynne Stewart, it is 4 your duty to vote not guilty. 5 You might even at the end of the day say, well, I 6 wouldn't hire Lynne Stewart. Not guilty. The bar should look 7 at Lynne Stewart by some lesser standard than beyond a 8 reasonable doubt. Not guilty. Or good faith. And when the 9 prosecutor puts up exhibits and asks you to look at them, I ask 10 you to look back at the context of this case, remembering each 11 time who it was that brought the live witnesses who really knew 12 something and who was offered evidence that was subject to 13 cross-examination and how the context was of particular things. 14 Of course, if they want to do more about Lynne 15 Stewart's politics, although the prosecutor summed up first and 16 said no more needs to be said, I think more will be said. 17 That's fine. Those who wrote the bill of rights were not 18 cowards. We have a society based on the bill of rights, 19 members of the jury. There are risks. There are risks from 20 people expressing unpopular ideas, risks that those who might 21 be guilty will be freed because there is not lawful evidence 22 beyond a reasonable doubt, risks that wild religious doctrine 23 will get loose and have a bad influence. And we take those 24 risks because with the decades of our freedom piled so high, 25 they are what makes a society great. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11978 51AMSAT2 Summation - Mr. Tigar 1 And members of the jury, I concede to you that I am 2 afraid. I'm afraid that the Islamic fundamentalists or some 3 other kinds of fundamentalists are going to win. Suppose we 4 got so worked up, so incited by the rhetoric of government that 5 we decided to punish people for their radical politics, because 6 their politics scared us or their religious doctrine appalled 7 us, or we decided to skip over reasonable doubt and do things 8 based on suspicion, decided to cast aside the presumption of 9 innocence and start accepting critically what government agents 10 tell us. 11 If all of that happened, members of the jury, the 12 fundamentalists would have won. They would have seen 13 extinguished the light of this last hope of earth, which is not 14 some particular country, but it is the very ideology of human 15 rights. Then the Islamic fundamentalists and all the 16 fundamentalists can have a big celebration. This is not the 17 time and place to make a cosmic decision about that. 18 But right now, you, once the judge instructs you on 19 the law, you are we, the people. Your power is as that of the 20 ancient kings. I'm not ashamed that knowing that to plead with 21 you to suggest that in shouldering the responsibilities and 22 accepting the risks of freedom, the next right thing to do is 23 very clear indeed. 24 Members of the jury, Lynne Stewart is in your hands. 25 She is not guilty. Thank you. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11979 51AMSAT2 1 THE COURT: Ladies and gentlemen, we will take a 2 ten-minute break. Please, please remember my continuing 3 instructions. Please don't talk about this case at all. 4 Please remember to continue to keep an open mind until I have 5 finally instructed you on the law. Let me just get 6 Mr. Fletcher for a moment. 7 All, rise. And the jury will follow Mr. Fletcher. 8 (Jury not present) 9 THE COURT: See you shortly. 10 (Recess) 11 (Continued on next page) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11981 51A5SAT3 1 (Page 11980 SEALED by order of the Court) 2 (Jury present) 3 THE COURT: Ladies and gentlemen, the final summation 4 is the government's rebuttal summation. Please remember to 5 continue to apply all of my continuing instructions. Nothing 6 that the lawyers say is evidence. They submit to you what the 7 evidence has shown or not shown. I will instruct you on the 8 law. If any lawyer says any principle of law different from 9 what I instruct you it is my instructions on the law that you 10 must follow. 11 AS I say, the government, it is now time for the 12 government's rebuttal summation and that will be given by 13 Mr. Barkow. 14 Mr. Barkow? 15 MR. BARKOW: Thank you, your Honor. 16 I'm not going to stand up here and talk about, with 17 you Tallyrand, DeValera, Thomas Merton or Derrida, because I'm 18 not able to talk about those people that Mr. Tigar mentioned 19 because I don't even know who some of them are, but I'm okay 20 with that. 21 But what I do know, because I have been here with you 22 every day for the past seven months, is the evidence. The 23 evidence that I can talk about is the evidence. The evidence, 24 what you will use to make your decision in this case as you 25 took an oath to do because that's what fairness and justice to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11982 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 all parties and defendants, as well as the government requires. 2 So, I want to spend my time with you talking about the 3 evidence. 4 But before I do that I do want to say one thing about 5 one name that Mr. Tigar mentioned because everyone is familiar 6 with him -- Nelson Mandela. One of the greatest men in the 7 history of humanity, certainly in my lifetime. A man of peace. 8 And Mr. Tigar suggested to you that there is some parallel 9 between Nelson Mandela and Omar Abdel Rahman. 10 There is no place for that here and I couldn't go any 11 further without calling Mr. Tigar out on that one because 12 Nelson Mandela and Omar Abdel Rahman don't belong in the same 13 sentence, much less to be compared to. 14 And I also wanted to say a word or two about -- two 15 words that Mr. Tigar talked about, terrorism and terrorist. He 16 suggested to you that the government has been too loose with 17 its use of those words. The government has never said that 18 Lynne Stewart is a terrorist. No one from the government has 19 ever stood up before you and said to you that Lynne Stewart is 20 a terrorist. Not once. And I'm not going to do that either. 21 But Lynne Stewart is guilty of conspiracy to defraud the United 22 States, of making false statements twice of material support to 23 a conspiracy to murder and of conspiracy to commit -- to 24 provide material support to a conspiracy to murder. 25 Taha is a terrorist. Atia was a terrorist. Abdel SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11983 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 Rahman is a terrorist. Osama Bin Laden, is a terrorist. Ayman 2 Al-Zawahiri is a terrorist. The Islamic Group is a terrorist 3 group. And killing innocent people and killing tourists is 4 terrorism under any definition of the terms. And I'm going to 5 call them what they are. 6 Lynne Stewart, I'll respond to the arguments that 7 Mr. Tigar made later but before I respond to any particular 8 arguments about any particular defendant, I ask you to step 9 back and remember what this case is really about. Ahmed 10 Sattar, Lynne Stewart and Mohammed Yousry were going to break 11 Omar Abdel Rahman out of jail no matter what. They were going 12 to break Abdel Rahman out of jail even though they knew if they 13 got caught they would be in trouble. They were going to break 14 Abdel Rahman out of jail and Sattar and Taha were going to 15 instigate Atia to commit a fatal attack. 16 These defendants were going to make sure that Omar 17 Abdel Rahman's Fatwahs, his powerful sanctions and blessings of 18 violence were heard around the world in Egypt, in Afghanistan, 19 and in the Middle East. 20 This is a case about a jail break. These defendants 21 broke Abdel Rahman out of jail in the only way that mattered, 22 in the way that allowed Abdel Rahman to continue to be the 23 spiritual leader of his terrorist followers, to tell them that 24 the time for peace had ended and the time to fire and kill had 25 returned and to inspire them to kill Jewish people wherever SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11984 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 they are. 2 Abdel Rahman is a terrorist and when he was convicted 3 of his crime of terrorism and sent away for the rest of his 4 life he was never able to walk the streets of the United States 5 or anywhere else ever again. But when you are dealing with a 6 terrorist like Abdel Rahman physically removing him is 7 meaningless because his danger is his message sanctioning and 8 justifying violence, terror and hate. 9 He's blind. He has been since he was a child and he 10 was when he committed his crimes and when he was convicted of 11 them. And he is not in jail because he is personally going to 12 attack you, he is a spiritual leader and the key to protecting 13 society from him is to prevent him from communicating his 14 hateful and violent message to his terrorist followers who will 15 commit violent acts with his blessing and his inspiration 16 killing and attacking tourists, Jewish people, Egyptian 17 government personnel and anyone else who doesn't adhere to his 18 radical interpretation of Islam. 19 And so, the SAMs were imposed upon him to protect 20 against the risk of death that could result without them, so 21 Abdel Rahman's message of hate and violence could be cut off so 22 his ability to control, lead and inspire terrorism by his 23 followers would be ended. Or so the United States government 24 thought. 25 Because Ahmed Sattar, Lynne Stewart and Mohammed SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11985 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 Yousry were going to break Abdel Rahman's message of violence 2 out of jail, instigate people to commit a fatal attack no 3 matter what even if it meant they knew that they would get in 4 trouble, even if it meant a return to the era of the Luxor 5 massacre when Ekkehart Hassels-Weiler hid behind an ancient 6 column at a sacred temple with his mother and his friends for 7 40 minutes listening to tourists screaming and wailing as they 8 were shot, as they were killed, listening to tourists saying 9 their last words to each other before they were killed; Ahmed 10 Sattar, Lynne Stewart and Mohammed Yousry were going to make 11 sure that Abdel Rahman could still inspire his followers to end 12 the cease-fire and to kill Jewish people wherever they are. 13 And so, they did. 14 They broke Abdel Rahman out of jail in the only way 15 that mattered and they spread Abdel Rahman's instructions in 16 violation of the SAMs, in violation of the affirmations and in 17 violation of the law in Egypt, in Afghanistan, around the 18 Middle East and around the world and that is what this case is 19 about. 20 Let's talk about Ahmed Sattar. 21 We hope that our brothers will help us to surprise our 22 enemy with a fatal attack. 23 That is what Atia told Ahmed Sattar and Sattar's 24 partner and co-conspirator Taha just before Sattar and Taha 25 told Atia about the Fatwah to kill Jewish people wherever they SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11986 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 are. And you didn't hear a single word about that from 2 Mr. Paul in his summation because nothing can be said to 3 explain it other than Ahmed Sattar wanted people to die. 4 It is a legitimate base. What happened in Luxor was 5 executed through it, that is, what Atia told Sattar and 6 Sattar's partner and co-conspirator Taha about himself and his 7 terrorist cell. He told them that he and his henchmen were a 8 legitimate terrorist base, a legitimate base, a legitimate 9 Qaeda or military base, a legitimate group of terrorists who 10 had carried out the Luxor massacre. He told Sattar and Taha 11 that before Sattar and Taha agreed with each other to tell Atia 12 to go by the Fatwah mandating the killing of Jewish people 13 wherever they are. 14 And Mr. Paul avoided this like the plague. He didn't 15 say a single word about it in his summation, about any of this 16 because there is nothing that can be said to explain it other 17 than Sattar wanted people to die. 18 Shall we instigate the people? That's what Taha asked 19 his partner and co-conspirator Ahmed Sattar when Sattar told 20 Taha to draft the Fatwah mandating the killing of Jewish people 21 wherever they are. 22 Sattar's answer? Yes. Yes. Yes. Yes. Yes. Yes. 23 Yes. Because Sattar wanted the Fatwah to work. He wanted to 24 instigate Abdel Rahman's followers to kill. He wanted Jewish 25 people to die. And you didn't hear a word about this from SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11987 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 Mr. Paul in his summation either because nothing can be said to 2 explain it other than Sattar wanted people to die. 3 This is the Fatwah that Ahmed Sattar wrote with Taha 4 in the name of Abdel Rahman that he relayed to Atia, the 5 Islamic Group's military leader and his cell. 6 About which has agreed with Atia to go by it, that he 7 wanted to instigate people to go by, including Atia, around the 8 Middle East, in Palestine, in Egypt, in Syria, in Lebanon and 9 in Jordan; to kill Jews, to target their interests, to target 10 their advocates. This is the Fatwah: 11 I, as a Muslim scholar, appeal to the scholars all 12 over our Islamic world to issue a unanimous Fatwah calling on 13 the Islamic nation to mandate the killing of Jews wherever they 14 are and wherever they are found. 15 That's Exhibit 1182X, page 15. 16 The jihad today is the duty of the entire nation of 17 Palestine and until the Aqsa Mosque is liberated, until the 18 Jews are driven to their graves or out of the countries or to 19 the countries where they came from. The Muslim youth 20 everywhere, especially in Palestine, Egypt, Syria Lebanon and 21 Jordan, they have to fight the Jews by all possible means of 22 jihad either by killing them as individuals or by targeting 23 their interests and their advocates -- meaning to assassinate 24 them wherever you find them. That's page 16. 25 I call on the Muslims everywhere to fulfill God's SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11988 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 obligation by waging jihad against the infidels, to follow them 2 and to slay them everywhere. 3 Now, Sattar wants you to let him off because he claims 4 this case is about words. No. 5 For Ahmed Sattar this case is about solicitation to 6 kill and that's how you solicit someone to kill, with words. 7 For Ahmed Sattar this case is about conspiracy or agreement to 8 kill and an agreement to circumvent the SAMs imposed on Abdel 9 Rahman so that convicted a terrorist and otherwise isolated 10 leader could stop directing and inspiring his followers to 11 commit violence. 12 Sattar wants you to let him off because he claims he 13 just wanted to help his fellow Muslims. 14 No. He wanted to help terrorists who wanted to return 15 to an era of violence and to the days of the Luxor massacre. 16 And Sattar insults the millions and millions of Muslims around 17 the world who love peace and deplore violence by suggesting 18 that his actions had anything to do with helping Muslims and 19 not with just helping terrorists. 20 Sattar wants you to let him off because he claims you 21 need to put what he did and he said in context. Which context 22 is that? The context of Sattar's co-conspirator and co-author 23 and partner, Rifa'i Taha's book -- an attempt to justify, under 24 Islamic law, the cold blooded murder of tourists, women, Jews, 25 Christians and the Egyptian government personnel? Taha, the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11989 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 context of Taha's two Fatwahs in this case, one in 1998 with 2 Osama Bin Laden and the other in September 2000 with Bin Laden? 3 The context of the protocols of the old Zion which 4 Sattar had in his home which was used to justify the genocide 5 of Jewish people in Europe? What context does he want you to 6 put this in? The context of Nazi Germany? 7 Sattar wants to you let him off because he claims he 8 was just angry about Ariel Sharon and the tragic, tragic death 9 of the Palestinian child. 10 THE COURT: Ladies and gentlemen, you've heard 11 reference in one of the prior summations and you just heard 12 reference in this summation to another country in another time 13 and I instruct you this case is about the evidence in this case 14 or the lack of evidence in this case and so be that. 15 And I will also instruct you that you must approach 16 the entire case without emotion and based solely upon the 17 evidence or lack of evidence in this case. 18 As I say, you have heard reference to another country 19 and another time, therefore you have just heard it again and I 20 instruct you to disregard it. 21 Go ahead. 22 MR. BARKOW: Mr. Sattar wants to you let him off 23 because he claims he was just angry about Ariel Sharon's visit 24 to the Aqsa mosque and the tragic death of the Palestinian boy. 25 He was just angry. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11990 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 That is what motivates terrorism, anger. Anger about 2 some cause or some event or some incident, some presence of 3 troops on foreign soil or Holy places. 4 Mr. Sattar told you that the American presence of 5 troops in Iraq in the 1990's caused an uproar in the Middle 6 East and he told you that he knew that Abdel Rahman was enraged 7 about the American troop presence in Saudi Arabia. And 8 sometimes terrorism is motivated by the very existence of 9 Israel in the Middle East, sometimes by Ariel Sharon's visit to 10 the Al-Aqsa mosque. And rather than talking about it racially, 11 civilly, politically and publicly, terrorists issue Fatwahs 12 calling for the death of innocent people and they kill innocent 13 people because they're angry about something. 14 Sattar wants you to let him off because he claims he 15 was just crying out. What did he cry out? Not tears, not 16 cries of sadness, not, oh, that poor Palestinian child. Not 17 stop the violence. Not even stop the violence against the 18 Palestinians not, don't forget Abdel Rahman, kill Jewish 19 people; as loudly and as widely as he could, kill Jewish 20 people; to the whole world via the internet and e-mail and 21 media, kill Jewish people; to Palestinians and others in the 22 Middle East in the midst of violence and considering joining 23 the violence, kill Jewish people; with his coauthor and 24 co-conspirator Taha, kill Jewish people; in the name of Abdel 25 Rahman, the spiritual leader of a terrorist group, kill Jewish SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11991 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 people; through the secret back channels that Sattar and Taha 2 had cultivated over months, kill Jewish people; to the fugitive 3 military leader of a terrorist group, Atia, who he recruited 4 not to follow the cease-fire Sattar cried out, kill Jewish 5 people. 6 Kill Jewish people with the blessing of Omar Abdel 7 Rahman who Sattar knew resolved disputes for members of the 8 Islamic Group and gives religious sanction to terrorist 9 operations for members of the Islamic Group. Kill Jewish 10 people, that is the religious edict and command that Sattar 11 cried out. 12 Now, Mr. Sattar claims that he didn't intend for 13 anyone to die and he puts a face on for you in this courtroom 14 that he is peace loving, he has Jewish relatives. I'm sure 15 some of his best friends are Jewish too because of course he is 16 going to tell you something like that but you know it's not 17 true. 18 The evidence shows you what he did and the recordings 19 at the time and in the dark of night in his home show what he 20 said then. Those recordings don't lie. They can't lie. 21 But when he told you that he didn't intend anyone to 22 die, he did lie. 23 Sattar's actions at the time tell you what he intended 24 because you can usually tell what someone intends by what they 25 do and Sattar's actions speak louder than Mr. Paul's words do SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11992 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 now. And what Sattar said at the time and what Sattar didn't 2 say at the time tell you what he intended and his words then 3 speak louder than his words that he tells you now to try to 4 save his skin. 5 Let's look at what Sattar did. For months he worked 6 with a militant -- someone who could be described as nothing 7 other than a militant genocidal maniac, Rifa'i Taha, to connect 8 him with the military leader of a terrorist group, Atia who 9 Sattar knew had killed innocent tourists. Why? So Taha could 10 tell Atia to kill, not to abide by the cease-fire, that Abdel 11 Rahman supported Taha's pro-violence position, that Abdel 12 Rahman mandated the killing of Jews and that Atia should go by 13 Sattar's and Taha's Fatwah mandating the killing of Jews. 14 Now, before I go further and talk about what Sattar 15 did, I need to make a quick point about these Atia-related 16 calls. About the Atia related calls Mr. Tigar said to you that 17 Mr. Dember said, quote, told you that this is not offered with 18 respect to Ms. Stewart so I'm not going to talk about it. It 19 is not offered with respect to Ms. Stewart. 20 But that's not quite right. Mr. Dember said that the 21 evidence that relates to Atia, the recordings that Atia is on 22 and that Atia's people are on, are all evidence that relates to 23 Counts Two and Three of the indictment. Ms. Stewart is not 24 charged in those counts and that's true. 25 But, more importantly, much more importantly, Judge SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11993 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 Koeltl told you something different than what Mr. Tigar said. 2 Because when each one of these Atia-related calls was read to 3 you, Judge Koeltl gave you the same instruction. For example, 4 when Government Exhibit 1083X was read to you, transcript page 5 4752, Judge Koeltl instructed you that Goverment Exhibit 1083X 6 is offered as to and received only as to Counts Two and three. 7 It is received subject to connection against Mr. Sattar and it 8 can't be considered against Ms. Stewart or Mr. Yousry for the 9 truth of any of the matters asserted in the transcript. 10 So it's not correct to suggest, as Mr. Tigar did, that 11 the Atia calls are not admitted against Lynne Stewart. And 12 it's not to correct to suggest that you can't use them at all 13 to evaluate Lynne Stewart and whether she is guilty or not. 14 You just can't consider them with respect to Lynne Stewart for 15 the truth of the matters asserted but you can consider them 16 with respect to Lynne Stewart for reasons other than the truth. 17 What does that mean? 18 Well, for example, you can consider them with respect 19 to Lynne Stewart for the fact that something was said, for 20 example, that something was said to someone else -- Taha told 21 Atia about the withdrawal of support for the cease-fire; for 22 example, the fact that Taha used the withdrawal of support for 23 the cease-fire to recruit Atia; for example, the fact that Taha 24 used the withdrawal of support for the cease-fire to try to get 25 Atia to abandon the cease-fire. You can use it for that. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11994 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 Because you see, Lynne Stewart is charged in Counts Four and 2 Five with providing material support to the conspiracy to kill 3 charged in Count Two. And she provided that material support 4 by making Abdel Rahman available to the conspiracy to kill by 5 way of the withdrawal of support which was used to prepare for 6 and carry out the conspiracy to kill. 7 Why do I say all of this? Because Exhibit 1083X and 8 other calls are examples of how Abdel Rahman's withdrawal of 9 support for the cease-fire that Lynne Stewart and Mohammed 10 Yousry unleashed into the world was used in the field by 11 terrorists and I will point that out to you as I go along. 12 But let's get back now to Sattar. Government Exhibit 13 1083X, a call on May 19th of 2000, Mr. Paul skipped this one in 14 his summation. At page 9 Taha tells Sattar about Atia and he 15 says, I better call him. 16 And then on page 10 Taha says, I need elements like 17 this at this stage. 18 What stage is this? It's May 9th, 2000. Taha is just 19 about to get the withdrawal of support for the cease-fire that 20 he and Sattar have been working for for over a year. It's 10 21 days before Lynne Stewart and Mohammed Yousry visit Abdel 22 Rahman in the jail to fix what Ramsey Clark refused to do and 23 what Abdeen Jabara stopped from happening -- Abdel Rahman's 24 world broadcast of the blessing of a return to violence. 25 Why do Sattar and Taha need elements like the military SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11995 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 leader of a terrorist group when they're about to get the 2 withdrawal of support for the cease-fire? Because they need 3 someone on the ground ready to carry out terrorist operations 4 to fulfill the point of the withdrawal of support for the 5 cease-fire. 6 Why is Sattar helping Taha do this? Ariel Sharon 7 won't go to the Al-Aqsa mosque for four months and the 8 Palestinian boy hasn't died yet. Why? Because Sattar is 9 Taha's partner and co-conspirator and he has joined forces with 10 Taha and because Sattar and Taha want operatives on the ground 11 ready to kill. 12 Exhibit 1166X, this is a call on September 4th of 13 2000, just minutes before Taha gets on the phone with Hani. 14 Remember, Hani is the connect person to Atia. Sattar tells 15 Hani that Taha is bigger than Hamza. Sattar tells Hani on page 16 5, quote, you asked about two men before. One of them called 17 you, the other one who is bigger than him will call you now. 18 He's the one I told Mr. Ahmed about. 19 And six minutes later, in Government Exhibit 1167X, 20 Taha gets on the phone with Hani. Why does Sattar tell Hani 21 and through him Atia, that Taha is bigger than Hamza? 22 Mr. Dember told you why but Mr. Paul had no answer to that and 23 said nothing about it. Because bigger than means that Taha is 24 more important than Hamza and Sattar wants Atia to know that. 25 It means, listen to Taha and not to Hamza because Sattar knows SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11996 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 that Hamza had previously told Atia the opposite. He told him, 2 listen to me, Hamza, and nobody else, especially Taha. 3 What's Taha going to tell him? Taha is going to tell 4 Hani and Atia what to do. What is he going to tell him? 5 1167X, the same day, page 4, he says, we thought Hamza was in 6 charge. And on page 5 Taha tells Hani, no, the Islamic Group 7 listens to Abdel Rahman. Page 5, quote, the company has a 8 legal emir. He has been paid homage, his word is to be heard. 9 He tells him that those who support the cease-fire can't be 10 trusted. Quote, the inside people, like Muntasir and the 11 others, these people, we don't consider them trustworthy. 12 And then Taha tells Atia through Hani that the policy of the 13 Islamic Group is still to kill and the cease-fire is not 14 binding. He tells him do acts of terrorism if you can. Quote, 15 action or no action depends on capability. If people have 16 something they can do, they do it, end quote. 17 Mr. Dember told that you this meant do an act of 18 terrorism. Murder. Mr. Paul didn't say a word to disagree. 19 Taha tells Atia through Hani that killing depends on 20 capability, not on the cease-fire, because the cease-fire isn't 21 binding on Taha or Atia because they didn't commit to it. 22 Pages 8 and 9, quote, to do or not to do is subject to 23 capability, it is not governed by any other factor. It is not 24 subject to brothers so-and-so say we don't do, it's not subject 25 to a so-called initiative, it is not subject to change of our SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11997 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 relation with the regime, no. It is only subject to our 2 capability to work. If we can work, we work. So, it's subject 3 to capability and nothing else. We didn't make a promise to 4 anybody, the regime or any other. He who made the promise to 5 the regime may bear the responsibility of that promise. 6 Legally we are not committed to it so we have these things, no 7 change in method or thought and things are subject to 8 capability, they are not subject to an agreement with any other 9 party. We didn't commit ourselves to an agreement with any 10 party. 11 Taha tells Atia, if we can work, we work. Work is a 12 terrorist act. Mr. Dember told you that and Mr. Paul never 13 responded to that. He never disagreed. Taha is telling Atia, 14 commit acts of terrorism, kill people, and don't listen to the 15 cease-fire. 16 What does this show you? 17 It shows you that, well, Sattar set this call up by 18 saying that Taha is bigger than Hamza so he should be listened 19 to. And on the call that Sattar sets up that way Taha tells 20 Atia, commit murder. Commit action. Do work, and that the 21 cease-fire isn't binding. 22 And then Taha tells Atia, well, Salah Hashim, he 23 doesn't support the cease-fire but -- I'm sorry, Salah Hashim, 24 he supports the cease-fire but me, Taha? I don't. The youth 25 of the Islamic Group, they don't. And, most importantly, Abdel SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11998 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 Rahman doesn't. So you, Atia, you shouldn't either. 2 Page 11, quote, yes, the engineer, that's Salah Hashim 3 is one of the people most supportive to the initiative, he and 4 the inside brothers. Most likely they are behind it, but most 5 men like you, myself and the big Sheikh -- that's Abdel 6 Rahman -- like the doctor, and other leadership people do not 7 approve of these things. 8 Here you see how the withdrawal of support for the 9 cease-fire that Lynne Stewart and Mohammed Yousry leashed into 10 the world is used. Taha tells Atia about Abdel Rahman's 11 support of violence. 12 Now, why is Taha telling him this? And why is Sattar 13 helping him do this? Ariel Sharon won't go to the Al-Aqsa 14 mosque for another month and Sattar doesn't know that the 15 Palestinian boy exists. 16 Sattar claims to you on the stand that Taha was doing 17 this because Taha wanted Atia to just support his position. 18 This is not a debating society or a community group, this is a 19 terrorist group that has killed people. And Taha is telling 20 Atia this and Sattar is helping him because Taha knows because 21 Sattar told him that Salah Hashim and Mustafa Hamza are telling 22 Atia, don't listen to Taha. And Taha wants Atia ready to kill 23 and not to abide by the cease-fire. Taha wants Atia to reply 24 to him that he is ready to and he will get it. 25 Now, ask yourself, how would a person respond to all SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 11999 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 of this happening on their phone in calls that they set up and 2 listened to and that they said about before the call happened, 3 the guy who is going to tell you to go kill is bigger than the 4 guy who told you not to. How would somebody respond to that 5 who didn't want people to die for some twisted cause, who 6 didn't support violence when it supports his goals, who hadn't 7 partnered with Taha and who didn't think that the withdrawal of 8 support for the cease-fire was a call to arms, as Sattar 9 falsely claims to you that he thought? 10 Compare how you know a person like that would respond 11 to how Sattar responded and reacted. 12 At the end of this call, Government Exhibit 1167X, 13 page 17, Sattar says, quote, I'm happy this call was made. 14 Taha says, what do you think of what was said? 15 Sattar: Good, thank God. Good, good. 16 Not, what are you using me to do? Not get out of my 17 phone and get out of my life. Not I just want to help these 18 people travel. Not, I don't want anyone to get hurt or to die. 19 Why? Because that's what Sattar wanted. He wanted 20 people to die. He wanted the withdrawal of support for the 21 cease-fire to work and for violence to return. And Ariel 22 Sharon won't go to the Al-Aqsa mosque for a month and Sattar 23 doesn't even know that the Palestinian boy exists but Sattar 24 and Taha wanted Atia ready to kill. 25 So, Government Exhibit 1170X, a call on September 18th SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12000 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 of 2000, two weeks later and three days before Taha sits with 2 Osama Bin Laden on September 21st and issues a Fatwah. 3 Atia responds to Taha through Hani. What does Atia 4 say about his capability to act and his willingness to kill? 5 He says, page 3 and 4, quote, concerning the capacity it is a 6 legitimate base. What happened in Manfaloot, Tema, Qena and 7 Luxor and others was executed through it. After the initiative 8 was announced and after the declaration of the cease of the 9 work and with no regard to it. 10 Atia tells Taha we're legitimate, we're a legitimate 11 Qaeda, a terrorist military base. We killed innocent people in 12 disregard of the cease-fire. We didn't follow the cease-fire 13 before and we're not going to follow it again. We are 14 responsible for Luxor and others. We're responsible for 15 killing 62 people while Ekkehart Hassels-Weiler had to hide 16 behind a column with his mother. 17 And then Atia says he wants to and he's ready to do it 18 again. Pages 3 and 4, quote, regarding the preparation we hope 19 that our brothers will help us to surprise our enemy with a 20 fatal attack or at least it will be a step forward to a happy 21 ending. 22 Absolutely incredible. All you need to know to know 23 that Sattar is guilty is how he reacted to these two lines 24 because this is a different call than the one that Mr. Dember 25 and Mr. Paul argued about with each other and that Sattar SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12001 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 claimed on the stand to have missed. This is a different call. 2 The one they were talking about was Exhibit 1075X, 3 this is Government Exhibit 1170X, it's a different call, and 4 Sattar heard this one. And he doesn't say he missed it, not 5 now, not then, not ever. To the contrary, Sattar makes it 6 clear that he heard it. 7 How would someone react to this who is not a member of 8 a conspiracy to kill? Well, we know how one member of a 9 conspiracy to kill reacted -- Taha. 10 Taha tells Hani, page 13, that the response makes him 11 happy, quote, the points to make it clear, number one, what you 12 have read to me is good and God bless you. It made me happy. 13 And then Taha reminds him, Atia, that Abdel Rahman 14 supports him, Taha, again using the withdrawal of support for 15 the cease-fire. 16 Page 14 of 1170X, quote, the Sheikh said to me, I mean 17 the big doctor, many times, he said to me supporting my 18 opinion. 19 We know how another member of a conspiracy to kill, 20 Sattar, reacted too. He's happy too, page 18, Taha says, what 21 do you think about what you have heard? And Sattar says, I 22 hope it will be for the best because Sattar wanted people to 23 die. Ariel Sharon has not gone to the Al-Aqsa mosque and 24 Sattar doesn't even know the Palestinian child exists, but he 25 knows that Atia and his cell carried out the Luxor massacre and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12002 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 he knows that Atia wants to commit another fatal attack, and he 2 knows that Atia doesn't feel constrained by the cease-fire. 3 And Sattar, he thinks it's all for the best. 4 Now, Sattar didn't have to testify. None of these 5 defendants did. But they all did. And when a defendant 6 testifies, if they skip completely devastating evidence it 7 tells you something. It tells you that there is no explanation 8 for it. 9 None of these defendants had to testify, all of them 10 did. None of them had to do anything but they did and they 11 chose to testify. And once they're up there on the stand you 12 can look at what they told you and what they didn't tell you 13 just like you can with any other witness. 14 What did Sattar say on the stand about what Atia said 15 on this call? That Atia said what happened in Manfaloot, Tema, 16 Qema and Luxor and others was carried out through it. That we 17 hope to surprise our enemy with a fatal attack that they don't 18 feel bound by the cease-fire. What does Sattar say about that 19 on the stand? Nothing. He avoided it like the plague. He 20 said nothing to you. He gave you no explanation. 21 All Sattar said about this call and these statements 22 that Atia communicated through Hani on his phone is what he 23 said in Exhibit 1170X at 12, I hope it will be for the best. 24 Sattar hopes it will be for the best that the people 25 who carried out the Luxor massacre won't follow the cease-fire SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12003 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 and want to commit a fatal attack. 2 And Mr. Paul? What did he say about what Atia said to 3 Taha and Sattar? Mr. Dember argued this point at length. 4 Mr. Paul, he didn't say a word about it. 5 Why didn't Mr. Paul argue about it or Mr. Sattar try 6 to explain it? Because no explanation can be given other than 7 Sattar wanted people to die and Ariel Sharon won't go to the 8 Al-Aqsa mosque for a few weeks and Sattar doesn't even know 9 that the Palestinian boy exists. 10 Now, Mr. Dember told you that Sattar joined the 11 conspiracy to kill in September of 1999. And in fact, in 12 September of 1999 Sattar wrote this, which was found on his 13 computer, relaying Abdel Rahman's words, Government Exhibit 14 2204AT, quote, permission to take up arms is hereby given. 15 And by September 2000 in Exhibit 1170X, which I was 16 just talking about, Sattar and his partner Taha have come 17 treacherously close to realizing their goal to return to the 18 era of violence that existed before the cease-fire. They've 19 secured the end of support for the cease-fire by Abdel Rahman, 20 the spiritual leader of the group; they've told Atia, the 21 military leader of the Islamic Group that Abdel Rahman doesn't 22 support the cease-fire anymore; and Ariel Sharon hasn't gone to 23 the Al-Aqsa mosque and Sattar doesn't know that the Palestinian 24 boy even exists. 25 And now all Sattar and Taha need to tell Atia is who SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12004 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 to kill and that it is religiously justified to do it because 2 the emir of the group says that Atia will still go to heaven. 3 Let's talk about the Fatwah. 4 Sattar wanted Jewish people to die. Let me recap 5 briefly what Sattar did with the Fatwah because, from what he 6 did, you know what he meant and what he thought. 7 The Fatwah is a solicitation to kill. Sattar told 8 Taha to write it. Sattar wanted it to work. He wanted Jewish 9 people to die so he made sure it was written in Abdel Rahman's 10 name. Sattar wanted it to work so badly, he wanted Jews to die 11 so badly he made sure it sounded real like Abdel Rahman wrote 12 it. And Sattar relayed the Fatwah to Atia so Sattar and Taha 13 would have troops on the ground ready to carry it out after 14 months of influencing Atia not to follow the cease-fire. 15 Sattar agreed with Taha to tell Atia to go by the 16 Fatwah, to tell Atia actually to kill Jewish people. And 17 Sattar distributed it to the world in the midst of violence and 18 enflamed times in the hopes to get at least one person to carry 19 it out. He calls it crying out but you know what it is. You 20 know it as terrorism. 21 You can't go kill innocent people or agree to have 22 innocent people killed because you're mad about something, some 23 policy or some action by some government. You can't go kill 24 innocent Jewish people because you're mad about Israeli policy 25 or a visit to a Holy cite by an Israeli politician just like SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12005 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 crazy sick people can't come here and attack America because 2 they're mad about some American policy. That's terrorism. 3 That's the cold-blooded murder of innocent people just because 4 you're angry. And here it's a conspiracy to kill and a 5 solicitation to kill. 6 Sattar told Taha to write the Fatwah. He told Taha 7 who he knew and who was the founding leader of a terrorist 8 group who he knew had written 300 pages of hate in his book, 9 Exhibit 2700, claiming to say why it was good and okay under 10 Islamic law to kill women, children, old people, Jews and 11 Christians. 12 He told Taha who was and who he knew was a close 13 associate of Osama Bin Laden and who he knew had signed two 14 Fatwahs with Osama Bin Laden, one in February 1998 calling for 15 the killing of Americans and one in September 2000. 16 Let me make one thing clear about Osama Bin Laden 17 right now. This is not a case about guilt by association. 18 That is not allowed in the United States of America and for 19 good reason. 20 Sattar is not guilty because he associated with Taha. 21 He's guilty because he wrote a Fatwah with Taha and because 22 with Taha he gave the Fatwah to Atia and told him to go by it. 23 And the fact that Taha associated with Osama Bin Laden 24 and issued two Fatwahs with Osama Bin Laden, one to kill 25 Americans and the other just two weeks before Taha and Sattar SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12006 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 get a Fatwah to Atia doesn't make Sattar guilty. 2 The fact that Sattar wrote a Fatwah with Taha, gave it 3 to Atia and agreed to tell him to go by it, that makes him 4 guilty. 5 But Judge Koeltl never -- never -- instructed you that 6 Osama Bin Laden would have nothing to do with the case, quote 7 unquote, as Mr. Paul argued to you that he did, to suggest that 8 the government did something wrong with its presentation of the 9 evidence regarding Osama Bin Laden. 10 All Judge Koeltl told you was that Osama Bin Laden is 11 not a co-conspirator in the case. Quote, Osama Bin Laden is 12 not alleged to be a member of any conspiracies in this case. 13 Transcript page 5327. 14 Osama Bin Laden is not a co-conspirator and the 15 government has never said that he is, but there is a legitimate 16 connection between every piece of evidence that the government 17 put into evidence in this case and the charges in this case and 18 the evidence about Osama Bin Laden speaks volumes. It was 19 admitted in evidence in the case and it tells you something. 20 It tells you Taha wasn't just hanging out in Afghanistan, he 21 was with Al-Qaeda and Osama Bin Laden issuing Fatwahs. And 22 Sattar knew that because the evidence shows that Sattar read 23 the February 1998 Fatwah when it came out. And Sattar watched 24 on TV the September 2000 Fatwah while it was happening. He 25 talked to Taha about it while he was watching it in Exhibit SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12007 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 1173X. And knowing all that Sattar, nonetheless, issued a 2 Fatwah with Taha to kill Jewish people. 3 Mr. Paul says, well, in 1998 and 2000 no one knew who 4 Osama Bin Laden was. But the truth is and the evidence shows 5 that Sattar knew what a monster he was because Sattar knew that 6 Osama Bin Laden had been charged with the bombing of two 7 embassies in Africa that killed hundred of people. He even had 8 a copy of the indictment. That's at transcript page 10965. 9 And Sattar knew that Taha was a close associate of 10 Osama Bin Laden. But Sattar partnered with Taha anyway to kill 11 Jewish people and to tell Atia not to abide by the cease-fire. 12 So, what did Sattar do next that tells you that you 13 know, that lets you know that Sattar wanted a Fatwah to work 14 and Jewish people to die? He forwarded it to Yasser Al-Sirri 15 for worldwide distribution. He didn't really change what Taha 16 had drafted. The Fatwah still called for the killing of Jewish 17 people, all Jewish people, and for the targeting of Americans. 18 As published it said, kill Jews everywhere. Kill them. 19 Not debate with them, throw a rock at them, discuss 20 things with them -- kill them. Target Jewish interests and 21 target their advocates. Which Mr. Sattar said included 22 Americans. 23 And Sattar testified though that he couldn't have 24 meant for this Fatwah to work because the word "advocates" 25 would have included himself and his family. And it's true, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12008 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 Sattar is an American citizen and he has been for a long time 2 and so are the members of his family American citizens. But 3 there are millions of other Americans other than Sattar and his 4 family. There are Americans who live, work and travel all 5 around the world and all around the Middle East and, in fact, 6 there was no risk that Atia or anyone else would show up on 7 Sattar's doorstep on Staten Island and carry out the Fatwah and 8 target Sattar or his family because terrorists can't kill all 9 Americans, they choose targets with symbolic value, and Staten 10 Island and the author of the Fatwah is probably not on their 11 list. 12 And, in fact, the charges here are of a conspiracy to 13 kill people outside the United States. 14 When Sattar issued this Fatwah around the world he 15 meant for it to work, for Jews to be killed and for the 16 advocates of Jews to be targeted. He wanted it to work. He 17 wanted Jewish people to die. Immediately when he told Taha to 18 write it Taha asked him, do you want it to work? Government 19 Exhibit 1179X, October 3, 2000, pages 12 and 2, Taha and 20 Sattar, do you want it to work, shall we instigate the people? 21 And Sattar says, yes, yes, yes, yes, yes. 22 What does he want to instigate them to do? Mr. Paul 23 skipped this in his summation and Sattar skipped it on the 24 stand because there is no answer to that question other than 25 Sattar wanted to instigate the killing of Jewish people, the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12009 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 targeting of their interests, the killing and assassination of 2 Jewish people and the seeking of revenge. 3 Sattar wanted it to work so badly and has wanted Jews 4 to die so badly he put it in Abdel Rahman's name. It was 5 signed Omar Abdel Rahman. Not Ahmed Sattar the postal worker 6 living and working on Staten Island. Not even in the name of 7 Taha. Why? Why did Sattar make it in the name of Abdel 8 Rahman? The world renown and influential spiritual leader of a 9 terrorist group who everyone knows whose religious sanction 10 gives terrorists freedom to kill and still go to heaven. 11 Instead of putting it in his own name, the person supposedly 12 crying out? 13 Mainly because, as Mr. Paul said in his summation, no 14 one could care less what Ahmed Sattar had to say. Because if 15 it were in Sattar's name, no one could care less and it 16 wouldn't work. So, Sattar put it in Abdel Rahman's name so 17 people would care and so it would work. And he wanted to make 18 it work so badly that he didn't just put it in Abdel Rahman's 19 name, he made sure it sounded like Abdel Rahman actually said 20 it. 21 Exhibit 1182X, page 27, this is a call on October 4th 22 of 2000. Sattar tells Al-Sirri, quote, make sure the signature 23 shall be your brother Omar Abdel Rahman, a scholar of honorable 24 Al-Azhar. 25 Sattar wanted this to work so badly he didn't just SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12010 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 casually put it in Abdel Rahman's name, he made sure it was 2 published in Abdel Rahman's name. And Mr. Paul skipped it in 3 summation and Mr. Sattar skipped it on the stand. 4 And I think I just misspoke, but Sattar meant for it 5 to work so badly that he didn't just make sure it was in Abdel 6 Rahman's name, he made sure it sounded like Abdel Rahman 7 because in Government Exhibit 1179X, October 3rd, 2000, pages 3 8 and 4, Sattar gives Taha a copy of an old Fatwah by Abdel 9 Rahman from Sattar's personal collection so Taha can use it as 10 a model to make sure it sounds like Abdel Rahman really said 11 it. 12 1183X, October 5, 2000, page 3, Sattar and Taha 13 confirmed with each other that the, quote, style and the 14 phrases are, quote, close to the man. 15 The style and phrases are close to Abdel Rahman. What 16 style is that? Sattar told you on the stand, transcript page 17 10015, firey and anti-Jewish. 18 Sattar wanted the Fatwah to serve the purpose of a 19 Fatwah, to cause violence because it gave religious sanction to 20 murder. 21 Why did Sattar think that he needed a Fatwah to make 22 sure that terrorist operations would be carried out and become 23 a reality? You know why. Because Sattar knew that Abdel 24 Rahman was the emir and the spiritual leader of the Islamic 25 Group and he knows that Islamic Group members like Atia need, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12011 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 quote, a leader who is a religious figure to make sure that 2 their conduct and policies were carried out in accordance with 3 the laws of Islam, end quote. Transcript page 10410. 4 And Sattar himself believes that one has to do things 5 and only things that are sanctioned under the laws and rules of 6 Islam in order to go to heaven when one dies, transcript page 7 10411. 8 And Sattar knew that Abdel Rahman had told his 9 followers in the past to get Fatwahs before they carried out 10 terrorist operations like suicide bombings. Government Exhibit 11 2077T, page 4, this was something Sattar had in his home. 12 Abdel Rahman was asked this question: Is it right to commit 13 suicide for the purpose of jihad like strapping explosives 14 around one's body and detonating them among the enemies and 15 dying with them? 16 Abdel Rahman's answer: If you wish to do something 17 like that come to me and ask me and get a Fatwah approval by 18 agreeing to it or not. If you have the intention, huh, that, 19 if you want to commit a suicide operation. But for you to ask 20 and you're sitting here, nothing will happen. 21 Nothing will happen if you are just sitting here but 22 come ask me. If you want a Fatwah, I will give it to you. 23 Sattar knew because he knew that Mustafa Hamza had 24 said it, the leader of the Islamic Group, that the Islamic 25 Group and its members, like Atia, need and get Fatwahs before SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12012 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 carrying out terrorist operations of murder like killing 2 innocent tourists in order to justify it under Islamic law. 3 Exhibit 2044T, page 6, and transcript 10419. Mustafa Hamza 4 says, the Islamic Group and its members get Fatwahs before they 5 carry out terrorist acts. 6 Sattar wanted his fatwah to serve what he knew to be 7 the purpose of a Fatwah, to give permission under the rules and 8 the laws of Islam and religious cover to murder. 9 Sattar wanted the Fatwah to be carried out, he wanted 10 it to work and he wanted Jews to die so he actually relayed the 11 Fatwah to Atia and his henchmen, his recruited killer on the 12 ground. 13 Mr. Paul tried to divide this case into units. 14 Remember, he said, well, there is the Atia unit and there is 15 the Fatwah unit. And he wants to do that and he wants you to 16 do that because he knows, if you think about for just one 17 second that Sattar wrote this Fatwah and gave it to Atia and 18 agreed with Taha to tell Atia to go by it, you are going to 19 find him guilty. 20 But this isn't a case about separate units. And the 21 Fatwah and Atia can't be separated because Sattar recruited 22 Atia for months not to abide by the cease-fire and then he gave 23 him the Fatwah and he agreed to tell him to go by it. Those 24 are not separate units, that's one unit, and that one unit 25 tells you that Sattar is guilty. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12013 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 The calls in which Sattar gives Atia the Fatwah are 2 1191X, 1194X at pages 18 and 19, and 1197X. Those are calls on 3 October 10th and October 16th of 2000. 4 In 1191 -- Mr. Paul skipped that one. Sattar tells a 5 member of Atia's cell about the Fatwah which is exactly what he 6 agreed with Taha to do just the day before in 1188X and 1189X. 7 And then 1194X, pages 18 and 19, Mr. Paul skipped this 8 one too. Sattar tells Taha that he gave Atia the internet 9 address for the Fatwah and Atia and his men are going to look 10 it up and get it. Sattar says, that's good. That's good. 11 1197X, Mr. Paul skipped this one too, Sattar tells 12 Taha on pages 2 and 3 that Sattar confirmed with Atia himself 13 that the Fatwah was actually issued by Abdel Rahman. 14 And then Atia asks Sattar, how did the statement get 15 out? 16 Sattar says, don't ask. 17 Why doesn't Sattar want Atia to know that the Fatwah 18 was written by him and not Abdel Rahman who Sattar took such 19 great pains to make sure it sounded like he wrote it? Because 20 you know why. Because Sattar wanted it to work. He wanted 21 Jewish people to die. He wanted Atia to go by it. 22 Now, Sattar claims this was just a momentary fit of 23 anger about Ariel Sharon and the Palestinian child. That's 24 just a lie. He told Atia about the Fatwah on October 10th, 25 11th and 16th, and Ariel Sharon visited the Al-Aqsa mosque and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12014 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 the Palestinian boy died in September. And between that time 2 and the time that Sattar gives the Fatwah to Atia and tells him 3 to go by it, days passed. Sattar wakes up, presumably goes to 4 work, goes to sleep, wakes up, goes to sleep, goes to work, 5 whatever. He had 12 days to get over his anger and to think. 6 He had 12 days before he gave Atia the Fatwah and told him to 7 go by it; 12 days and nights to get over his anger and come up 8 with something peaceful to say like stop the violence, or stop 9 the violence against Palestinians. 10 And Mr. Paul wants you to think about how calm Sattar 11 was up on the stand when under fire on cross-examination. This 12 supposedly calm and thoughtful man over 12 days, instead of 13 using those 12 days to come up with something peaceful to say, 14 instead uses that period to plot and scheme the revenge and 15 death that he wants, the death of innocent Jewish people and 16 revenge at the hands of Atia. And anyone else in the world who 17 might act like it. 18 Sattar claims that Atia was just a fugitive who he 19 just wanted to help travel, not someone he is who was getting 20 ready to kill. 21 Was Sattar his travel agent? Was the Fatwah his train 22 ticket or itinerary or passport. Was he telling him, in your 23 travels, stop by Jerusalem on the way? 24 That makes no sense. Sattar wanted Jews to die and 25 that's why he did what he did. I have made reference to it, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12015 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 Sattar wanted this to work so badly that he agrees to tell Atia 2 to go by it. 3 1188X, pages 5 and 6, call on October 9, 2000, 12 days 4 after Ariel Sharon's visit to the Al-Aqsa mosque, after the 5 Palestinian boy, Taha sells Sattar, quote, I want to tell them 6 to take courage. The man issued a Fatwah, you are supposed to 7 go by it. 8 Sattar's response: Yes. 9 I want to tell them to take courage, the man issued a 10 Fatwah. You are supposed to go by it. Yes. 11 Taha says each one of these things on pages 5 and 6 to 12 Sattar and to each one Sattar says yes. 13 I want to tell them to take courage, the man issued a 14 Fatwah, you are supposed to go by it. Yes. 15 Can you contact them tomorrow at 10:30? Yes 16 Tell them I want to talk to them. Yes 17 Tell them about the Fatwah, there must be the scale of 18 our good deeds, even if it's not credited to anyone. What is 19 he talking about there? Kill someone, even if it is not 20 credited to someone. Sattar says yes. 21 They will them in general terms, God willing. Yes. 22 Tell them about the Fatwah. If the man calls, read 23 everything to him. Yes. 24 To each one of these things Sattar says yes because he 25 wanted Atia to take courage. Abdel Rahman had issued a fatwah SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12016 51A5SAT3 Rebuttal Summation - Mr. Barkow 1 and he and Taha wanted Atia to go by it. And no surprise but 2 Mr. Paul skipped all of this in his summation and Sattar, he 3 skipped it too. Ask yourself, how could a person respond to 4 all of this telling Atia to go by the Fatwah who didn't want 5 people to die for some twisted cause, who didn't support 6 violence when it supported his goals, who hadn't partnered with 7 Taha and Sattar falsely claims to you about himself that he 8 did? Compare how you know someone like that would respond to 9 how Sattar responded. 10 Government Exhibit 1188X, page 7, Sattar says, yes. 11 Yes, sure. Of course. We wouldn't let a chance like this go. 12 (Continued on next page) 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12017 51AMSAT4 Rebuttal 1 MR. BARKOW: Not get off of my phone and out of my 2 life? Not, I thought this was just a case about words. Go by 3 it? Not, I just want to help these people travel. What are 4 you talking about, go by it? Not, I don't want anyone to get 5 hurt. Go by it? 6 Why did Mr. Paul and Sattar skip this? Why didn't 7 Sattar say these things that I'm talking about? There is only 8 one answer to those questions, because Sattar wanted people to 9 die. Yes, sure, we wouldn't let a chance like this go. This 10 is our chance, telling Atia to go by the fatwah to kill is our 11 chance. We wouldn't let a chance like this go. We wouldn't 12 let a chance like this go. We have got our man, our terrorist 13 in the field, and we would not allow a chance like this to go. 14 This is helping Muslims? This is crying out? This needs 15 context? No. 16 This is a conspiracy to kill and a solicitation to 17 kill. And telling Atia to go by a fatwah by Abdel Rahman and 18 telling Atia that it is okay to kill innocent people because 19 Abdel Rahman says, if you do it, you're still going to go to 20 heaven and telling Atia, go kill people so I can get my 21 revenge, that is a conspiracy to kill and a solicitation to 22 kill. 23 Mr. Paul wants you to put this in context, but 24 Mr. Paul skips all the context. He ignores the months of 25 recruiting Atia and not ignoring the ceasefire. He ignores the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12018 51AMSAT4 Rebuttal 1 fact that Sattar tells Atia to go by the fatwah after Atia told 2 Taha and Sattar that him and his men carried out the Luxor 3 attack. He ignores the fact to go by the fatwah after Atia 4 told Taha and Sattar to go for a fatal attack. He ignores the 5 fact that Sattar told Atia to go by the fatwah and he saw that 6 as a chance he couldn't let go. Mr. Paul wants you to look at 7 the context, but he skips all the context because the context 8 supplied by the evidence shows you that Sattar is guilty. 9 And as if it weren't enough that Sattar got this 10 fatwah into the hands of a proven killer, Atia, I'm almost 11 tired of saying it but Mr. Paul skipped this, too. Sattar 12 disseminating it by the thousands to the whole world so maybe 13 at least one person would go out and kill a Jewish person so 14 Sattar could get his revenge. 15 1182X, October 4, 2000. Sattar has a conversation 16 with Al-Sirri about the dissemination of the fatwah, pages 8 17 and 20. They talk about how the fatwah will reach everyone, 18 every location. It will get the necessary attention. It will 19 be on the TV, the radio, the news agencies, the Italian news 20 agency, the French, the Reuters, the Italians, they will all it 21 pick it up. People will find it on their fax and their e-mail 22 first thing in the morning. 23 Those are all quotes on that call. 1186X, October 6 24 of 2000, Sattar and Taha -- Sattar tells Taha, people are 25 disseminating it by the thousands. 1252X, October 6, 2000, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12019 51AMSAT4 Rebuttal 1 Taha and Sattar talk about how it is being reported on 2 Al-Jazeera and in Al-Hayat. Sattar wasn't content with it just 3 getting to Atia. He wanted it all over the world. A Jihad 4 army. Abdel Rahman says, if you kill just people, you will 5 still go to heaven because it only takes one person to kill 6 someone. It only takes one person to carry out Sattar's 7 fatwah. It only takes one person to kill an innocent Jewish 8 person. 9 Mr. Paul argues that Atia -- Sattar thought he just 10 wanted to travel and he wasn't going to commit any violence. 11 Of course, he is going to say something to you about this. 12 What else did he say? Of course, Atia was traveling. He was a 13 fugitive. He was a killer on the run from the government. So 14 was Taha. By all indications Atia had been in hiding or in 15 jail or somewhere for some time. He was a killer on the loose 16 living in a sugar cane field. People like that want to run and 17 want to travel. But Sattar knew exactly what Atia was. He was 18 a killer. He was the military leader of a terrorist group. He 19 had killed innocent people. He had carried out the Luxor 20 massacre. Sattar admitted to you on the stand, transcript page 21 10413: 22 "Q At the time you were having these conversations, you knew 23 Atia was a military leader in the Islamic Group in Egypt, 24 right? 25 "A Yes, yes. I know he was the Islamic Group military leader, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12020 51AMSAT4 Rebuttal 1 yes, I knew that. 2 "Q That is the part of the group that carries out terrorist 3 operations, right? 4 "A Yes. Sattar knew that Atia was the military leader of the 5 Islamic Group at the time he made the calls, the part of the 6 Islamic Group that carries out terrorist attacks. Sattar 7 doesn't need to know any more than that." 8 Sattar knew what Atia was before he recruited Atia 9 along with Taha, not to abide by the ceasefire. 10 By January 17 of 2000, Sattar knew that Atia had 11 succeeded Farid Kidwani as the military leader of the Islamic 12 Group in Egypt, 1031X, October 23, 1999, page 2. Al-Sirri 13 tells Sattar that Allah Abdel Raziq had replaced Farid Kidwani 14 as leader of the military wing. Al-Sirri, there are new 15 leaders for the group. 1048X and 1050X on January 17 of 2000. 16 Then Hani tells Sattar that Hammam Badwari is his boss and 17 Hammam Badwari is Allah Abdel Raziq. Fawzi says -- Hani is 18 Fawzi, going under that name, Fawzi. Hammam Badwari is 19 Mr. Allah, Allah Abdel Raziq. That's 1050X. 20 By January 17 of 2000, Sattar knew that Atia was the 21 leader of the military wing of the Islamic Group in Egypt, 22 before he recruited him not to abide by the ceasefire. 1170X, 23 September 18 of 2000, Sattar knew Atia was responsible for the 24 Luxor massacre and that he wanted a fatal attack before Sattar 25 told Atia about the fatwah and agreed to tell him to go by it. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12021 51AMSAT4 Rebuttal 1 As I said, this is a different call than the one that Sattar 2 testified about having missed, and that Mr. Dember and Mr. Paul 3 argued back and forth about Sattar having taken a break during 4 his testimony. This is a different call. 5 The one they were talking about, that was 1075X. This 6 is 1170X, on September 18 of 2000. Sattar skipped this one 7 entirely on direct and Mr. Paul ignored it completely when he 8 argued. Why would they do that? Let's see. 1170X, Atia says 9 through Hani that Atia carried out the Luxor massacre and he 10 wants to do another fatal attack. First, concerning the base, 11 the capacity and the obligations. It is a legitimate base. It 12 is a legitimate base. We have to focus on it. What happened 13 in Manfaloot, Tema, Qena, and Luxor and others was executed 14 through it. After the initiative was announced and after the 15 declaration of the cease of the work and with no regard to it, 16 he goes on. 17 Secondly, Atia, through Hani, regarding the 18 preparation, we hope that our brothers will help us to surprise 19 our enemies with a fatal attack. And Sattar heard this one for 20 sure because on page 18 Taha asks him: What do you think about 21 what you have heard? And Sattar doesn't say, I missed it. I 22 was out having a cigarette and a cup of coffee. He says: I 23 hope it will be for the best. 24 So on September 18, 2000, Sattar knew that Atia had 25 carried out the Luxor massacre and two weeks later he tells SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12022 51AMSAT4 Rebuttal 1 Atia in his cell about the fatwah and he agrees with Taha to 2 tell Atia to go by it. Sattar knew that Atia wanted to commit 3 another fatal attack and just wanted his brothers to help him, 4 help him by telling him it was religiously justified, and just 5 two weeks later Sattar gives him the fatwah and tells Atia: If 6 you kill people, you will still go to heaven, commit your fatal 7 attack. 8 Do you need to know any more? Atia and his men 9 slaughtered 62 people in Luxor. Sattar knew it. And two weeks 10 later he gives Atia the fatwah and agrees to tell him to go by 11 it. As if you have needed any more, Government Exhibit 1187X 12 on October 6 of 2000, Sattar reads an article to Taha talking 13 about how Atia was the new military leader of the Islamic 14 Group, pages 10 and 11. Taha says -- Sattar reads the article 15 and it says: Atia is the new military leader, the part of the 16 group that carries out terrorist attacks and Taha says: Oh, 17 I'm telling you, they have good details. 18 Three days later Sattar agrees to tell Atia to go by 19 the fatwah and then the next day he gives him the fatwah. And 20 none of this has anything to do with the calls that Sattar 21 claims that he missed, the call that Sattar claimed that he 22 missed and he heard in the first time in this courtroom and 23 Mr. Dember and Mr. Paul argued about. Mr. Paul ignored this 24 completely because they tell you that Sattar is guilty. 25 But Mr. Paul argues that Atia just wanted to travel, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12023 51AMSAT4 Rebuttal 1 not to kill, based on three calls. He gives you 1205X, 1209X, 2 both government exhibits, and AS-6, a Sattar exhibit. Those 3 are calls on October 23, November 2, and November 12, 4 respectively. 1205 is October 23; 1209 is November 2; AS-6 is 5 November 12. 1205X is the one where Sattar says: The man only 6 wanted to get out of the trouble he had. These three calls 7 prove absolutely nothing. In 1205X itself, on page 10, before 8 Sattar says that Atia just wanted to get out of the trouble he 9 had, Al-Sirri asked Sattar: Well, how did this happen? How 10 did they catch and kill Atia? And Sattar says: "For your 11 information, 99 percent, I expect it is from here. 12 Another section of another call skipped by Mr. Paul in 13 his summation and by Sattar on direct: Sattar is 99 percent 14 sure that Atia is dead because of what was heard on Sattar's 15 own phone. Sattar is 99 percent sure that someone is listening 16 to his calls and that that someone went out and killed Atia. 17 1205X is the day after Sattar had Taha call him on Odeh's cell 18 phone. That's on October 22, 2000, 1202X, and October 23, 19 1203X. Mr. Paul argued it is just nonsense for Mr. Dember to 20 suggest that Sattar had Taha call on Odeh's phone to avoid 21 detection. Of course, that's why Sattar had Taha call on that 22 phone to avoid detection. It is the day that he is 99 percent 23 sure that his phone is being listened to by governments who go 24 out and call Atia. That's what's in Sattar's head. He thinks 25 he is 99 percent sure someone is listening to him. Sattar is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12024 51AMSAT4 Rebuttal 1 not calling Odeh to buy baby milk. He is calling to talk about 2 the Cole. And Sattar knows that his phones are being listened 3 to. 4 And both of the other calls relied on by Mr. Paul to 5 say that Atia just wanted to travel come after that, after 6 Sattar is 99 percent sure that his calls are being intercepted. 7 This is a man, Sattar, who says on Ahmed Sattar Exhibit 4, page 8 17: I'm very calculating when I speak with anyone. Those are 9 his words. 10 Now, he can't necessarily keep it straight all the 11 time. But when he needs to be, he is very calculated. And 12 when he is 99 percent sure that a government is listening to 13 his calls, he is going to try to protect himself. He is 14 calculating. And so on the heels of thinking and being 99 15 percent sure that Atia is dead because of what he said on his 16 phone, he makes self-serving statements about how Atia was just 17 trying to get out of trouble. But that ignores all of the 18 evidence and all of the context that I have just gone through 19 with you. Atia just wanted to travel and wasn't ready to kill? 20 No. Atia was the military leader of the Islamic Group in 21 Egypt. He hoped for a fatal attack. He had big surprises, and 22 he helped carry out the Luxor massacre and the murder of 62 23 people. Sattar knew it, he knew it then, and when he knew it, 24 he agreed to tell Atia to go by the fatwah, and he gives Atia 25 the fatwah. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12025 51AMSAT4 Rebuttal 1 But wait. Maybe Mr. Paul would say now, okay, Atia, 2 he didn't just want to travel. Atia wanted to kill. I give 3 up. I agree with Mr. Stern who in his summation said: "Atia 4 is a member of the Islamic Group who apparently wants to kill 5 people if he can." Maybe Mr. Paul would say, well, Atia, he 6 wasn't able to kill anyone. He wanted to, but he couldn't do 7 it because he argued to you that it is obvious, his word, from 8 these calls that the Islamic Group was not a group with the 9 power to do anything. 10 This is a distraction. Because the question for you 11 is whether Sattar intended people to die and whether Sattar 12 thought Atia was capable. But come on. The evidence proves 13 that Sattar and Taha knew Atia could kill and they intended for 14 Atia to kill. And the evidence shows that Salah Hashim and 15 Mustafa Hamza thought Atia could kill and Sattar through that. 16 And your common sense tells you that Atia could kill because 17 unfortunately it is not too hard. Your common sense tells you 18 that Atia had the power and the ability to kill. 19 Unfortunately, it just doesn't take that much to kill 20 someone. Sattar told you that he knew about Luxor, and you 21 know that seven to ten people with guns carried out the Luxor 22 massacre and killed 62 people. How many people appear in these 23 transcripts in the Atia cell? Well, at least nine: Atia, 24 Hani, who is also Fawzi -- Atia, Hani, Ibrahim, Thabit, Ismail, 25 Ahmad Sharif, Muntasir -- that's not Muntasir al-Zayyat -- and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12026 51AMSAT4 Rebuttal 1 an unidentified male. 2 Contrary to what Mr. Tigar suggested to you, that 3 Ekkehart Hassels-Weiler provided the only evidence in the case 4 of weapons being in Egypt, Sattar told you on the stand on page 5 10863, he knew Atia has weapons. And Sattar told -- and he 6 said on cross-examination that he told Front Line in an 7 interview that he had that he knew, he knew that four or five 8 people were able to carry out the first world Trade center 9 bombing and that two people carried out the Oklahoma City 10 bombing. And you know that it only takes one suicide bomber, 11 or one gunman to kill someone. 12 Sattar sent his fatwah to the Atia cell and the whole 13 world, and it just takes one person to kill someone. Just one, 14 one gun, one bomb. Atia, was he capable? Atia himself, who 15 would know better than Mr. Paul, disagrees with Mr. Paul. 16 Because he told you in Exhibit 1170X that he was ready and able 17 to kill when he tells Sattar and Taha that he carried out the 18 Luxor massacre and other attacks, and he wants to commit a 19 fatal attack. 20 1192X, he says it here, too, October 11, 2000. Atia 21 tells you and Sattar that he is ready to kill. Pages 13 and 22 14. Atia: Let me tell you something. Sattar: Yes. Atia: 23 God willing, we will have very big surprises. They will 24 terminate all these things. What does this mean? Atia is 25 ready to say on Sattar's line: I am ready to kill. He has big SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12027 51AMSAT4 Rebuttal 1 surprises, big surprises from the man who wants to carry out a 2 fatal attack and who carried out the massacre in Tema, in 3 Manfaloot, and other places. He has big surprises. 4 What does Sattar say? Not get out of my life and off 5 of my phone. I want nothing to do with you. He says, page 14: 6 Listen, for your information, my line is not safe, so be -- 7 Sattar cuts Atia off because his phone, he thinks, isn't safe. 8 Sattar does not need Atia to go all the way and say, I am going 9 to kill people tomorrow because Sattar knows what Atia means. 10 He means it is time for a fatal attack. It is time to end the 11 ceasefire. It is time to capitalize on the withdrawal of 12 support from the ceasefire and the recruitment of Atia. It is 13 time to kill. 14 Sattar claims now, I was just a link. That's not even 15 true because Sattar was Taha's partner in trying to end the 16 ceasefire and writing the fatwah, in recruiting Atia, and 17 getting the fatwah to Atia, telling him -- agreeing to tell him 18 go by it and not follow the ceasefire, as I just went through. 19 But let's talk about it for a second anyway, just a link. Let 20 me get one thing straight here right away. Sattar is not 21 charged with being the member of a group. That's not the 22 charge here. And it doesn't matter one way or the other if he 23 was. This is not a case about Sattar being a member of the 24 Islamic Group. It doesn't matter. Because he is charged with 25 a conspiracy to murder and solicitation to kill. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12028 51AMSAT4 Rebuttal 1 And the conspiracy to murder is not the Islamic Group. 2 It is a group of people, Taha, Sattar, Atia, Abdel Rahman, and 3 they are members of the Islamic Group, some of them, or 4 associate of the Islamic Group. But it doesn't matter because, 5 in fact, they are operating at odds with the leaders of the 6 Islamic Group, or some of them, Salah Hashim and Mustafa Hamza. 7 He is not charged of being a member of any group and it doesn't 8 matter if he is or he isn't. He is a member of a conspiracy to 9 kill. 10 In fact, some of the leaders of the Islamic Group 11 deplored what Sattar was doing, like Hamza and Hashim. The 12 issue for you is whether Sattar is a member of a conspiracy to 13 kill and whether he solicited killing. And Judge Koeltl will 14 instruct you that a defendant's guilt is not measured by the 15 extent of his participation. Some people play major roles, 16 some people play minor roles. Coconspirators don't always have 17 to play equal roles. And a single act can be sufficient to 18 make the defendant guilty of a conspiracy because everyone has 19 a role in a conspiracy. 20 Like take a bank robbery. Somebody drives the car, 21 somebody makes the plan, somebody distracts the guards, someone 22 sticks up the teller. And in a conspiracy to kill, people have 23 roles, too. Some people make the decisions and the plans. 24 Other people relay them. Other people get equipment or 25 identification. And other people carry out the attack. And SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12029 51AMSAT4 Rebuttal 1 here Sattar's job is to get the fatwah, to get the withdrawal 2 of support for the ceasefire, to relay communications, to get 3 Taha in touch with Atia so he can recruit him, and somebody 4 else. Atia or someone else is going to carry it out. 5 Now, Mr. Paul says Sattar, he didn't take sides. He 6 would have helped either side if he had the chance and he was 7 asked. Sattar knew that the pro ceasefire side of the Islamic 8 Group wanted Taha an