6925 4A6MSAT1 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 October 6, 2004 8 9:30 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 STERN 23 DAVID A. RUHNKE 24 Attorneys for Defendant Yousry 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6926 4A6MSAT1 1 (Trial resumed) 2 THE COURT: Mr. Fallick? 3 MR. FALLICK: Mr. Paul is interviewing a witness. He 4 will be here later. 5 THE COURT: That's fine. Is that okay to begin 6 without him? 7 MR. FALLICK: We are ready. 8 THE COURT: One of my law clerks passed Ms. Stewart 9 coming out of the Court yesterday, and that's fine. 10 Government Exhibit 2312-43, which I have reviewed, I 11 previously allowed the first three paragraphs of the article 12 with the instruction that "the article is not received for the 13 truth of any of the statements of the article." This was when 14 the article was offered as a free-standing article, Government 15 Exhibit 549 without the argument that it was also found in the 16 search of Mr. Yousry's home. I found that the first three 17 paragraphs were "relevant to show the dissemination of 18 Mr. Sattar's statement as well as the knowledge, intent, and 19 state of mind of Mr. Sattar and Mr. Al-Sirri. Given the 20 evidence of how the article was produced and the limiting 21 instruction that it is not received for the truth of any of the 22 matters asserted in the article, the relevance of the article 23 is not outweighed by any danger of unfair prejudice." 24 Transcript, 6120. 25 In response to the arguments by the parties I have SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6927 4A6MSAT1 1 reconsidered all of the correspondence on the admissibility of 2 exhibit now marked as Government Exhibit 2312-43, an article 3 found in the search of Mr. Yousry's home. It is now plain to 4 me that only the fourth and fifth paragraphs should be redacted 5 and that the sixth paragraph should be included. For all of 6 the reasons the first three paragraphs were admissible not for 7 the truth. The sixth paragraph is admissible also not for the 8 truth of the matters asserted. It was plainly part of the 9 statement developed by Mr. Sattar and Mr. Al-Sirri and 10 distributed to the press. See Government Exhibit 1221X at 11 pages 11-13. 12 The comparison of that paragraph of the Al-Hayat 13 article to the transcripts shows how that paragraph was 14 developed by Mr. Sattar and Mr. Al-Sirri. That dissemination 15 is relevant indeed. In describing the article originally, the 16 Court described the article as citing "a statement by 17 Mr. Sattar and includes a claim that prison authorities 18 withheld insulin." Transcript at 6119. 19 In redacting the article initially, the Court redacted 20 the paragraph with that claim. And after review of the 21 article, the correspondence, and the transcripts, that 22 redaction was not warranted. 23 It is also clear that the sixth paragraph is 24 admissible for the knowledge, intent, and state of mind of 25 Mr. Yousry. There did not appear to be any objections to the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6928 4A6MSAT1 1 redaction of the fourth and fifth paragraphs of the article and 2 those remain redacted. The Court has also reconsidered all of 3 Ms. Stewart's objections and for the reasons already explained, 4 they are rejected. 5 Ms. Stewart raises a new Bruton objection, but there 6 is no Bruton problem. The article is not offered for the truth 7 of the matters asserted in the article. And there is no basis 8 to believe that the jury will not be able to follow that 9 instruction. See United States v. Deutsch, 451 F.2d 98, 116 10 (2d Cir. 1972). Simpson v. Donnelly, 00 Civ. 3284, 2003 WL 11 660832 (S.D.N.Y. February 27, 2003). 12 Moreover, this is not the type of statement covered by 13 Bruton. It is supported by the fact that in arguing against 14 its admission initially, Ms. Stewart argued that the article is 15 "irrelevant to Ms. Stewart's case." Letter of Michael Tigar 16 dated September 12, 2004, at 3. 17 Therefore, Government Exhibit 2312-43 will be 18 admitted, except that the fourth and fifth paragraphs will be 19 redacted. And the article will be admitted with the 20 instruction "this article is not admitted for the truth of any 21 of the matters asserted in the article." 22 Are we ready to call in the jury? 23 MR. MORVILLO: The government is ready, your Honor. 24 THE COURT: The jury wants some time to complete 25 filling out their meal requests. There is a pause. It will be SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6929 4A6MSAT1 1 about five or ten minutes. If there are other matters. 2 MS. BAKER: One logistical matter to apprise everyone 3 of so defense counsel, if they wanted, could look back at their 4 exhibit lists or transcripts to verify what I am going to say. 5 At some point today, we are going to offer into evidence 6 Government Exhibits 525, 534, 540, 542, and the corresponding T 7 exhibit or translation of each of those. Each of those is a 8 news article that your Honor ruled on September 22, 2004 would 9 be admissible or is admissible with a not for the truth 10 instruction. Three of the four of those -- 11 THE COURT: Hold on. Okay. 12 MS. BAKER: Three of the four of those, that is 525, 13 534, and 540, are identical to articles found in the search of 14 Mr. Yousry's residence. I can provide those exhibit numbers 15 now if anyone would like. Mr. Morvillo had provided them 16 yesterday. And so those three, 525, 534, and 540, are not 17 going to be presented to the jury under those exhibit numbers. 18 Instead, they are going to be presented to the jury under the 19 Yousry search exhibit numbers. But because we did have 20 translator testimony about them earlier in the trial and the 21 Court ruled them admissible, we are going to offer all of them. 22 But of that series, the only one that's going to be actually 23 presented to the jury is 542 and 542T, because that is not 24 duplicated or identical to a Yousry search exhibit. 25 THE COURT: 542 is not duplicative. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6930 4A6MSAT1 1 MS. BAKER: Correct. 2 THE COURT: Any of the defendants want to be heard? 3 The free-standing Government Exhibit 542, the 4 government said that it was offered only with respect to Counts 5 2 and 3. 6 MS. BAKER: Correct, your Honor. The defense 7 requested that instruction and the government agreed that that 8 instruction could be given. 9 THE COURT: If that's offered, my instruction to the 10 jury will be, the article will be admitted -- it is not 11 received for the truth of any of the matters asserted in the 12 article and it is offered only with respect to Counts 2 and 3. 13 The jury is still not done. 14 Anything else? See you later. 15 (Recess) 16 THE COURT: Let's call in the jury. 17 MR. BARKOW: Your Honor, I think Mr. Fallick may have 18 stepped out and Mr. Morvillo. 19 THE COURT: No problem. 20 Everyone is here. I will call in the jury. Except 21 Mr. Paul, who is excused. 22 (Jury present) 23 THE COURT: Good morning, ladies and gentlemen. It is 24 good to see you all. 25 Mr. Dember. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6931 4A6MSAT1 1 Mr. Barkow. 2 MR. BARKOW: Your Honor, at this point the government 3 requests permission to continue the publication of Government 4 Exhibit 2201AT which is in evidence. Yesterday I left off near 5 the bottom of page 8. 6 THE COURT: All right. 7 MR. BARKOW: Government Exhibit 2201AT. 8 Staying away from the spotlight. 9 Your name was not prominent in the Islamist's arena 10 when you arrived in Britain. However, your name was mentioned 11 quite frequently after the document on halting "the violence" 12 was released. Was this a desire on your part to come under the 13 spotlight? I am one who believes that public appearances 14 undermine actions. There might be interests that require 15 resorting to the media. But the presence of some Islamists 16 abroad created a big halo that was not commensurate with their 17 true size. The measure of freedom present in western capitals 18 aided this as well; also, the chance to communicate made easy 19 by technology. Slogans and fiery press releases have turned 20 some fundamentalists into stars in Europe's visual and written 21 media. Thank God I am not one of those wooing the media with 22 fireworks and hot air balloons. Any oppositionist's real 23 status is measured by his status inside his own country and not 24 in the country he sought refuge in to escape persecution. I am 25 not an individual without roots that extend to my country. A SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6932 4A6MSAT1 1 man is judged by his brothers. I pray to God almighty to be 2 among those who carry this call across the length and breadth 3 of Egypt. 4 In contrary to what you say, my name did not start to 5 circulate suddenly. It is generally the responsibility of the 6 media and public opinion. I do not hope that God finds me 7 better than what people think of me. As to what you call the 8 "document," it is a legal and academic study in which I sought 9 God's rule on the state of things. As I wrote in the foreword, 10 it does not express the ideas of any groups or represents a 11 deviation or a break away from anyone. Killing civilians was 12 not part of The Islamic Group's policy, (not in his personal 13 view). Such actions must be assessed within the context of the 14 overall view of the situation, its pressures, and abnormal 15 conditions. Some actions and deeds must be viewed from this 16 perspective. The crime itself has to be assessed by the way it 17 is viewed and the motives, reasons, and the prevailing 18 conditions when it occurred as well as the circumstances that 19 prompted some to carry out such actions. 20 All my writings advocate the denunciation of violence, 21 but not in the sense you mean or is meant by one who believes 22 that the nation cannot regain its freedom and be master of its 23 will without force. 24 Rifa'i Taha, the official in charge of "The Islamic 25 Group's military wing and member of its consultative council SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6933 4A6MSAT1 1 (he was accused of the Luxor incident which claimed the lives 2 of 58 tourists in November 1997) has a different view on the 3 conclusion you reached in your legal study about the 4 prohibition on killing civilians. What are the common points 5 between you and Rifa'i on this important point? 6 I agree with Rifa'i Taha in principle because he 7 disagrees with what is established by religious scholars; that 8 women, children and the innocent who do not practice any form 9 of war are legally immune and should not be harmed. But he 10 differs with us in classifying those who are immune, meaning, 11 in the matter of tourism, the contract according to which 12 non-Muslims enter our country is invalid because it is not made 13 by an Islamic party or by one acting according to Muslims' 14 creed. Second, in Rifa'i's view, many of these tourists carry 15 out unacceptable activities, like spying, spreading corruption, 16 and other things. But in practice, Rifa'i is bound only by The 17 Islamic Group's philosophy on this issue. 18 Relationship with al-Zawahiri. 19 Your name has been mentioned as the leading candidate 20 to succeed Omar Abdel Rahman as "the Islamic Group's mufti. Is 21 Ayman al-Zawahiri among the candidates for this post. 22 It is not right for me to deny or confirm that Ayman 23 al-Zawahiri is a candidate for such a post, firstly, because he 24 does not belong to the Islamic Group about which I am asked and 25 around whose initiative to halt violence we are talking. There SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6934 4A6MSAT1 1 is a difference between the two groups over some legal matters 2 and on the some of the policies adopted. The talk about 3 Al-Muqri's nomination to succeed Sheikh Omar Abdel Rahman is 4 not based on a correct assessment because Omar Abdel Rahman is 5 someone substantial. A comparison between him and me is not 6 fair. It is like comparing a small pebble to a high mountain. 7 In addition, the group has its scholars. Ask 8 al-Azhar's Sheikh, Dr. Tantawi, about them. He got to know 9 their students very well when they debated him when he was 10 appointed Egypt's mufti. Some of them [the group's scholars] 11 are enough to study and determine urgent and important legal 12 matters for the group. As to your question about who will 13 succeed the Sheikh, it is your duty to know the nature of 14 advancement in Islam. Man, no matter where he is, advances 15 through his work. Omar Abdel Rahman advanced through his 16 knowledge and contributions before he was promoted by the 17 group. This reminds me of what the emir of believers, 'Umar 18 Bin-al-Khattab said when God bestowed his grace on Khalid 19 Bin-al-Walid, who was dismissed by Umar. "Khalid has shown his 20 mettle. God has mercy on the soul of Abu-Bakr because he had 21 better knowledge of the men than I did," meaning he [Abu-Bakr] 22 did not dismiss Khalid. 23 Some believe that succeeding Omar Abdel Rahman would 24 be a gain or a legacy. However, it is a big responsibility and 25 a burden. You know how much Omar Abdel Rahman has suffered and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6935 4A6MSAT1 1 continues to suffer to this moment in the U.S. prisons. Each 2 era has its men. The Islamic movement is rich with its men. 3 It is the nation that will choose the next successor in the 4 Islamic Group. Only those who are disinterested and who meet 5 the requirements will be nominated. Let me tell you that the 6 group's next mufti will not be appointed or imposed on the 7 people. 8 MR. MORVILLO: Your Honor, at this time the government 9 would offer into evidence and request permission to publish to 10 the jury Government Exhibit 2415-7 and Government Exhibit 11 2415-7T. 12 THE COURT: Government Exhibits 2415-7 and 2415-7T are 13 admitted in evidence. 14 (Government's Exhibits 2415-7 and 2415-7T received in 15 evidence). 16 THE COURT: Ladies and gentlemen, this is a newspaper 17 article and a translation of the article. These exhibits are 18 offered only against Mr. Yousry. They are not offered or 19 received for the truth of any of the matters asserted in the 20 exhibits. They are received solely for Mr. Yousry's intent, 21 knowledge, and state of mind. 22 MR. MORVILLO: May we publish 2415-7 to the jury, your 23 Honor? 24 THE COURT: Yup. 25 MR. MORVILLO: May we publish and may I read to the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6936 4A6MSAT1 1 jury Government Exhibit 2415-7T? 2 THE COURT: Yes. 3 MR. MORVILLO: Al-Hayat in Arabic September 8, 1999. 4 Translator No. 7. Report by Mohammed Salah from Cairo. 5 "Egypt, Islamic Group's military wing leader and three others 6 killed." 7 One year and a half since the struggle with the 8 fundamentalists came to a halt, the Egyptian security forces 9 yesterday killed four members of the Islamic Group's military 10 wing in al-Amraniyah area in Al-Jizah governante. Among those 11 killed was prominent leader Farid Salim Kidwani, regarded by 12 the authorities as the current leader of the Islamic Group's 13 military wing. Yesterday's incident was the first 14 confrontation between the two sides since the beginning of this 15 year. 16 The interior ministry issued a statement saying that 17 the security elements received reports that the four 18 fundamentalists were hiding in al-Amraniyah. It added that the 19 police besieged them and called on them through loud speakers 20 to surrender but they opened fire, which compelled the security 21 forces to fire back. A battle ensued for around half an hour 22 and ended with the death of the four. The statement added that 23 the police found inside their hideout a quantity of weapons and 24 ammunition; in addition to organizational papers, Islamic Group 25 pamphlets and newspapers containing reports and comments on the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6937 4A6MSAT1 1 Islamic Group's activities. It noted that the security forces 2 confirmed the identity of Kidwani and two others, Sa'd 3 Nur-al-Din Ibrahim Abd-al-Jalil and Kasban Sayyid Mahfuz. 4 Observers consider Kidwani's death the biggest blow to 5 the Islamic Group since the killing of the military wing's 6 former leader Tal'at Yasin Hammam in April 1994 in a battle 7 with the police in the Hada'iq al-Qubbah (east of the capital). 8 The Islamic Group's lawyer in Egypt, Muntasir 9 al-Zayyat, expressed his regret for the incident and said that 10 the four were probably forced to defend themselves the moment 11 their hideout was raided. 12 He told al-Hayat: "All I know is that all Islamic 13 Group members are complying with the decision to halt 14 operations, and this is proved by the fact that not a single 15 incident has taken place since the decision was taken." 16 The Islamic Group announced last March a total halt to 17 its military operations in response to an initiative launched 18 in July 1997 by its historic leaders. But the Islamic Group's 19 operations practically stopped after the Luxor massacre in 20 November 1997, when it caused negative reactions and a strong 21 chain reaction inside the Islamic Group itself. 22 Al-Zayyat expressed his fear that yesterday's incident 23 would cast its shadow on the climate of calmness that has 24 prevailed in Egypt during this last period of time. 25 Reports circulated in 1996 said that Kidwani was SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6938 4A6MSAT1 1 killed in a clash with the police in an upper Egypt city and 2 that his body was handed over to his family for burial. But 3 the police confirmed later that he was still alive after 4 escaping from the aforementioned site of battle. His cousin 5 was killed in another battle with the police in the summer of 6 1997. 7 According to the interior ministry's statement, 8 Kidwani was born in 1966 in al-Minya governante, had a 9 bachelor's degree in commerce, and was accused of perpetrating 10 24 terrorist incidents. Sa'd Nur-al-Din Ibrahim "Abd-al-Jalil 11 was born in 1963 and accused of planning and perpetrating three 12 terrorist incidents; and Kasban Mahfuz was born in 1977, worked 13 as a tinsmith, and accused of planning and perpetrating 11 14 terrorist incidents. The statement added that the security 15 forces were continuing their efforts to identify the fourth 16 dead man. 17 MR. BARKOW: Your Honor, at this point the government 18 requests permission to publish to the jury what is in evidence 19 as Government Exhibit 2204, 2204A, and 2204AL from the Sattar 20 computer and offers into evidence Government Exhibit 2204AT. 21 THE COURT: All of those exhibits except 2204AT are 22 already in evidence. 23 MR. BARKOW: Yes, your Honor. 24 THE COURT: Government Exhibit 2204AT received in 25 evidence. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6939 4A6MSAT1 1 (Government's Exhibit 2204AT received in evidence) 2 MR. BARKOW: May I publish this, your Honor? 3 THE COURT: Yes. 4 MR. BARKOW: This is Government Exhibit 2204 in 5 evidence. Government Exhibit 2204AL in evidence. It reads 6 some coding.doc. 12KB, 9/20/1999. 12:55 p.m., Microsoft Word 7 document. This is Government Exhibit 2204A in evidence. And 8 Government Exhibit 2204AT in evidence. 9 In the name of the God, the compassionate, the 10 merciful. "Permission to take up arms to hereby given to those 11 who are attacked because they have been wronged." 12 The Islamic Group has adhered to the initiative to 13 stop all military operations which was released by the brothers 14 in detention camps more than two years ago, knowing that the 15 Egyptian regime continued in its violations, killing the 16 innocent, and holding unjust military courts. 17 When this initiative was released, it was released for 18 the protection of Moslem lives and to unify the ranks in order 19 to confront the true enemies of the nation. Except that on top 20 of whom is the ruling group in Egypt thought that this 21 initiative was made from a position of weakness, or that the 22 Islamic Group had abandoned its fundamentals of the call, 23 Jihad, and ordering kindness and forbidding the abominable, 24 forgetting or pretending that they have forgotten, that the 25 Islamic Group did not take up arms, except to defend itself and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6940 4A6MSAT1 1 to stand up to the power that overstepped all traditions and 2 all agreements, killing and imprisoning the best of Egypt's 3 youth in prisons and detention camps. 4 After two years of calmness and adherence of the group 5 and its members to that initiative, despite all the 6 instigations and the regime's failure to stop its injustice and 7 aggression, last week's newspapers came out with the news of 8 the regime killing four of the group's members. If such news 9 indicates anything, it is that the Egyptian regime has no 10 desire to respond to this peaceful initiative that intended to 11 unite people. 12 Therefore, and from the perspective of being an 13 Islamic scholar, my duty obligates me to confer advice on my 14 children and brothers in the Islamic Group, that they conduct 15 an inclusive evaluation and a complete assessment of this 16 initiative and its results. Also, I advise them that they 17 should consider themselves released from it. "And God has 18 power over all things, though most men may not know it." 19 Your brother, Dr. Omar Abdel Rahman. 20 MR. MORVILLO: Your Honor, at this time the government 21 requests permission -- withdrawn. 22 The government would offer into evidence Government 23 Exhibit 2312-40 and 2312-40T. 24 THE COURT: All right. Government Exhibits 2312-40 25 and 2312-40T are received in evidence. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6941 4A6MSAT1 1 (Government's Exhibits 2312-40 and 2312-40T received 2 in evidence) 3 MR. MORVILLO: Your Honor, in accordance with 4 agreement with counsel, may I publish the portion of the 5 stipulation 2300S relating to where exhibits in the 2312 series 6 were seized from? 7 THE COURT: Yes. 8 MR. MORVILLO: Paragraph 2, subparagraph A3. 9 Government exhibits in the 2312 series were found on the black 10 chair in between the front and back cover of an unbound 11 notebook labeled "legal notes 6 Sheikh Omar Abdel Rahman." 12 Your Honor, may I now publish and read to the jury 13 Government Exhibit 2312-40 and 2312-40T? 14 THE COURT: Yes. 15 MR. MORVILLO: I just note for the record that at the 16 top it says Ayna.com. And under says old approved, Ramsey 17 Clark, 1 of 1. 18 Can you scroll down, Ms. Griffith. 19 May I now publish and read to the jury Government 20 Exhibit 2312-40T? 21 THE COURT: Yes. 22 MR. MORVILLO: Handwritten English, old approved, 23 Ramsey Clark, translator No. 4. In the name of God, the 24 merciful, the compassionate. 25 Beloved brother. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6942 4A6MSAT1 1 May the peace, mercy and blessings of God be upon you. 2 I met with the (male) lawyer today. As I told you 3 this morning, he will issue a statement to express the 4 disappointment of the Sheikh at what is happening in Egypt and 5 at the initiative. But after the meeting and in light of the 6 discussion of the issue from all sides, calculating the pros 7 and cons here at least, we elected not to issue this statement. 8 It can cause a negative reaction, particularly from the legal 9 side here. So we decided not to issue it. 10 As for what I read for you in the morning, it was an 11 individual endeavor from me to phrase the points dictated to 12 me. I was granted the freedom to phrase them. These points 13 are: 14 1. The great disappointment at the outcome of the 15 initiative and at what happens in Egypt, specially the latest 16 incidents. 17 2. Confirm our commitment to the principles and 18 objectives. 19 3. Comprehensive review and evaluation of this 20 initiative. 21 4. Do not let the initiative constitute an impediment 22 or an obstacle that stops you from saying the truth. You are 23 absolved. If you think canceling it serves interests, cancel 24 it. If you think adherence to it is necessary to serve 25 interests, adhere to it. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6943 4A6MSAT1 1 5. We asked him to issue an appeal to Muntasir to 2 come back, same as happened before. However, he completely 3 disregarded this. This gave us the impression that he is 4 extremely disappointed at the way things ended up in Egypt. 5 6. He understands your position and point of view; he 6 is in total agreement with you. He thanks you and prays a lot 7 for you. He tells you, do whatever you think is appropriate. 8 Point number six was said as personal. This is why I 9 didn't include it with what I read to you this morning. This 10 is a very brief summary of what was said. I hope I presented 11 it correctly without distortion or omission. There are other 12 things, brother, but as you know, every situation has its 13 proper thing to say. For this reason, I was hoping to talk to 14 you at the time you set, God willing, we will talk again. May 15 God reward you graciously for your concern. 16 May the peace, mercy and blessings of God be upon you. 17 Abu Omar, 9/21/1999. 18 MR. BARKOW: Your Honor, at this point the government 19 requests permission to publish to the jury what is in evidence 20 as Government Exhibit 2201, 2201B, 2201BL, and we offer into 21 evidence Government Exhibit 2201BT from the Sattar search. 22 THE COURT: Ladies and gentlemen, those exhibits are 23 already in evidence except 2201BT. So 2201BT is received in 24 evidence. 25 (Government's Exhibit 2201BT received in evidence) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6944 4A6MSAT1 1 THE COURT: This exhibit is received not for the truth 2 of any of the matters asserted in the exhibit. It is received 3 solely with respect to the knowledge, intent, and state of mind 4 of Mr. Sattar. 5 MR. BARKOW: May I proceed, your Honor? 6 THE COURT: Yes. 7 MR. BARKOW: This is Government Exhibit 2201 in 8 evidence. 9 THE COURT: It is received, as I said, against 10 Mr. Sattar. It is a translation of a newspaper article and it 11 is received solely with respect to the knowledge, intent, and 12 state of mind of Mr. Sattar. 13 MR. BARKOW: Government Exhibit 2201BL reads across, 14 Arab.2.text.4.GIF, 17KB, ACD See, GIF image, 10/13/1999, 12:54 15 p.m. This is Government Exhibit 2201B. 16 And Government Exhibit 2201BT. 17 Egyptian "Islamic Group" leader calls for "stepping up 18 of hostile strategy" against the United States. 19 London: Muhamad al-Shafi'i. 20 Rifa'i Ahmad Taha Musa, considered by many to be the 21 de facto leader of the "Islamic Group" organization in Egypt, 22 in light of Omar Abdel Rahman's presence in a U.S. prison, has 23 called for the hostile strategy against the United States to be 24 stepped up and given priority. The fundamentalist leader, 25 Taha, whose extradition is sought by Egypt as one among 14 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6945 4A6MSAT1 1 involved in cases of religious violence, has said in a lengthy 2 e-mail message, a copy of which was received by "Asharq 3 al-Awsat," that the United States continuance in its hostile 4 policy towards its Islamic movement, by which it means to harm 5 the movement by targeting its prominent figures in order to 6 break its resolve will certainly end in utter failure. Indeed, 7 such a policy will cause the factions of the Islamic movement 8 to consolidate their efforts and their policies to confront 9 (what he called) U.S. rowdiness and piracy. 10 He added, the Islamic movement does not claim to be 11 stronger than the United States in terms of what it possesses 12 in physical capabilities and human resources, but it is more 13 powerful in terms of strength of will and clarity of purpose. 14 He clarified, the Jihad movement in particular, given 15 that it is the largest of the factions to have suffered from 16 the hostile U.S. campaign, cannot overlook these hostile 17 practices and will do all it can to rescue Islamic Group leader 18 Omar Abdel Rahman (held in an American prison in Rochester, 19 Minnesota, where he is serving a life sentence for his 20 involvement in the New York bombings) and force the United 21 States to stop its policy of kidnapping leaders of the Jihad 22 movement and pursuing them on behalf of the Egyptian government 23 or any other regime in the region." 24 He said the Islamic movement cannot forget the role 25 played by the United States in Omar Abdel Rahman's arrest, his SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6946 4A6MSAT1 1 trial before a Jewish Judge, and his sentence to life 2 imprisonment. Also, its involvement in the kidnapping of 3 Engineer Tal'at Fu'ad Qasim (Abu-Talal al-Qasimi, official 4 spokesman of The Islamic Group, and a political refugee in 5 Denmark) while he was in Croatia. U.S. intelligence officers 6 have also kidnapped a number of "jihad" group leaders and 7 handed them over to Egypt, including Ahmad Salamah Mabruk and 8 Ahmad al-Najjar (both were sentenced to life in prison in the 9 returnees from Albania case by the military court in Hikestep 10 (PH) in northern Cairo last April.) 11 He pointed out that the U.S. campaign to pursue 12 members of the Islamic movement, especially the leaders of the 13 Jihad group in the United Kingdom, Germany, Italy and Albania, 14 has not yet stopped." 15 At this point, your Honor, the government requests 16 permission to publish to the jury what is in evidence as 17 Government Exhibit 2205, 2205A, 2205AL, and we offer into 18 evidence Government Exhibit 2205AT. These are from the Sattar 19 computer. 20 THE COURT: All right. Government Exhibit 2205AT 21 received in evidence and the other exhibits are in evidence. 22 (Government's Exhibit 2205AT received in evidence) 23 MR. BARKOW: This is Government Exhibit 2205. And 24 Government Exhibit 2205AL across has symbols,.doc, 16KB, 25 10/28/1999, 11:37 p.m., Microsoft Word document. This is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6947 4A6MSAT1 1 Government Exhibit 2205A. And Government Exhibit 2205AT. 2 To the director of the office of Reuters news agency 3 in Cairo. 4 Greetings. 5 Attached to this letter is a response to the report 6 that was published by your office in Cairo and was attributed 7 to Mr. Jamal Sultan, founder of the reform party in Egypt. 8 When the words attributed to Mr. Jamal Sultan were 9 contradictory to the truth, and were contrary to what I know 10 regarding the circumstances and setting of the letter that he 11 had sent and its response, I found that duty dictates that I 12 send you this statement, especially after Mr. Jamal Sultan had 13 doubted the words that were attributed to his eminence, 14 Dr. Omar Abdel Rahman. Therefore, I beg you to legitimize the 15 truth and in adherence to professional conduct, to be kind 16 enough to publish this statement, so that things become clear 17 and are put in their right place. 18 Note: Attached to this statement is the text of the 19 letter sent by Jamal Sultan and Gamal Habib asking Dr. Omar 20 Abdel Rahman's opinion. 21 Signature, Ahmed Abdel Sattar, legal assistant to 22 Dr. Omar Abdel Rahman, on 10/28/1999 Telephone 718-442-3513. 23 In the name of the God, the Compassionate, the 24 merciful. (Who is more wicked than the man who hides a 25 testimony he has received from God?) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6948 4A6MSAT1 1 Praise be to God almighty and prayer and peace be upon 2 the master of his messengers, our master Muhamad, and upon his 3 family and his friends and upon whoever became rightly guided 4 by him until judgment day. 5 And so, we were presented a dialogue by the media, 6 attributed to Mr. Jamal Sultan, where he refutes a report 7 published in the Islamic observation center regarding the 8 opinion of his eminence, Dr. Omar Abdel Rahman, in the matter 9 of planning to establish political parties in Egypt, and his 10 words saying that the report is fabricated and that the Sheikh 11 was lied about and other false rumors which were discussed in 12 other newspapers regarding thing subject. In addition, his 13 saying that he had sent questions to his eminence, the doctor, 14 and that he had not yet received an answer. 15 Because the words attributed to Jamal Sultan were not 16 correct, not only that, but they contradict the truth that I 17 know and which I was part of, and to legitimize the truth and 18 to reveal the facts, I found it my duty towards my religion 19 first and to my client, his eminence, Dr. Omar, to come out 20 openly with the truth, so that the name of Dr. Omar Abdel 21 Rahman does not get used in personal matters, from behind which 22 trivial gains are sought in this world. 23 I received a letter dated January 5, 1999 through an 24 intermediary known to Mr. Jamal Sultan. This letter was signed 25 in the names of Jamal Sultan and Gamal Habib. In it they SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6949 4A6MSAT1 1 outlined the idea of the intention to establish a party and 2 they asked his opinion regarding this idea and these efforts 3 they are going through. They said exactly the following: "So 4 that our work is based on clear vision and enlightenment." 5 Actually, I presented this letter to his eminence, the 6 Sheikh, shortly after it arrived, hoping for an answer in the 7 form of a letter to them, which I myself sent right away to the 8 same intermediary through whom I had received the first letter. 9 In other words, the response reached them no less than eight or 10 nine months ago. 11 In this way, I had considered this matter to be closed 12 and I looked at it as a personal matter between a Moslem 13 scholar and some of his admirers asking him his opinion and 14 advice. At that time I didn't find any benefit to publishing 15 it. 16 But after the latest statements by Mr. Jamal Sultan, 17 in which he denied receiving any response from his eminence, 18 the Sheikh, I found the matter had escalated from a mere normal 19 letter to an attempt to throw the name of Dr. Omar into this 20 situation. Especially, that Jamal Sultan himself has admitted 21 in the past that they had sent requesting the Sheikh's opinion 22 in this matter. But when he received a response that was 23 different than what he had expected, we found him indicating 24 that he received nothing. I find it my courteous duty, 25 especially since I was a part of this situation, that I publish SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6950 4A6MSAT1 1 the opinion of his eminence, the doctor, and with it an excerpt 2 from the letter that Jamal Sultan sent him. Actually, I sent 3 them both to the observation center to be published. 4 And from this perspective, I declare that whatever was 5 published and attributed to his eminence Sheikh Omar Abdel 6 Rahman, in the Islamic observation center, regarding this 7 letter, is the Sheikh's words, verbatim, even if Jamal Sultan 8 says to the contrary. In addition, what Jamal Sultan has 9 alleged, that the style in which the published terms in the 10 observation center do not befit a scholar from al-Azhar, due to 11 its linguistic weakness, I declare one more time that these 12 words were the Sheikh's, they were part of his letter to them 13 and it was not a formal fatwah that required to be written in a 14 manner befitting formal fatwahs or the response to them. The 15 Sheikh, in summing his respond and in not expounding on the 16 terms of the letter, felt he was addressing people who were 17 familiar with his prior fatwahs, in which he has addressed this 18 subject in detail. Writing or dictating a letter quickly 19 differs completely from writing or dictating a fatwah. 20 Finally, the Sheikh derives no benefit from this 21 subject. Rather, he was asked about his opinion and he 22 responded. If it weren't for the things said by Jamal Sultan 23 to the media and his attempt to mislead those around him by 24 saying that he never received any answer from the Sheikh, we 25 wouldn't have published the Sheikh's letter to him. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6951 4A6MSAT1 1 I also say that it is Jamal Sultan's right or others', 2 to establish a party or to get involved in what they see 3 proper. But what is not his right, is the attempt to create 4 doubt and refute the words of Dr. Omar Abdel Rahman when Jamal 5 Sultan knows very well that the words were his [Abdel 6 Rahman's.] 7 "And God has power over all things, though most men 8 may not know it." 9 Signature, Ahmed Abdel Sattar, legal assistant to 10 Dr. Omar Abdel Rahman, 10/28/1999. 11 MR. MORVILLO: Your Honor, at this time the government 12 offers into evidence Government Exhibit 2415-8, and 2415-8T. 13 THE COURT: All right. Ladies and gentlemen, these 14 exhibits are received in evidence. But they are not received 15 for the truth of any of the matters asserted in the exhibits. 16 (Government's Exhibits 2415-8 and 2415-8T received in 17 evidence) 18 MR. MORVILLO: Your Honor, the government would also 19 ask permission to publish 2415-8 and Government Exhibit 2013, 20 which has already been received in evidence. 21 THE COURT: All right. 22 MR. MORVILLO: The fax line at the top reads OCT-28-99 23 THU 10:23 p.m. 24 Ms. Griffith, do you have Government Exhibit 2013 as 25 well? Can you publish that, please. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6952 4A6MSAT1 1 Your Honor, with the Court's permission, I would like 2 to at this point read to the jury 2415-8T. 3 THE COURT: All right. 4 MR. MORVILLO: [Asharq al-Awsat, report by Muhamad 5 al-Shafi'i from London]. 6 In a message from his prison in the U.S., Sheikh Omar 7 Abdel Rahman opposes militants' participation in political 8 parties. 9 It has been circulated by the militant groups in Egypt 10 that Omar Abdel Rahman, the spiritual leader of the Islamic 11 Group, did not comment on the idea of establishing Islamic 12 political parties (Islah and Sharia) [reform and Islamic law]. 13 The latter caused controversy in both militant and political 14 arenas, because both parties are branded as Islamic. Among of 15 their founders, a number of individuals, some of whom are 16 branded as militants and others as symbols of the peaceful 17 approach of the movement. 18 A letter smuggled out of Rochester prison in 19 Minnesota, where Abdel Rahman is serving a life sentence 20 because of his role in the New York bombings suggested 21 completely the opposite. He emphatically rejected the idea of 22 the Islamic parties. The Blind Sheikh cited many Islamic legal 23 references (that was according to his own endeavors.) 24 Yesterday Asharq Al-Awsat received a copy of the 25 letter via the Islamic media Observation Center which is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6953 4A6MSAT1 1 located in London. In it, Omar Abdel Rahman wholly rejected 2 the concept that Islamic parties based on Islamic legal 3 principles. The latter prohibits the militants from 4 participating in the political parliamentary arena, the 5 democratic process, and the people's assemblies. 6 However, Omar Abdel Rahman stated in his opinion the 7 legal principles on which he based his rejection of the concept 8 of Islamic parties, referring to the incident of Dirar Mosque, 9 which was mentioned in the Quranic verse of Touba [repentance]. 10 [LS: The verse referred to an incident during Prophet 11 Mohammad's time where Muslims tore down a mosque which was 12 built by hypocrites.] 13 Some of the legal reasons that Abdel Rahman had cited 14 were parts of the story of prophet Abraham, peace be upon him. 15 Abdel Rahman alleged in his reasoning that the 16 militants' participation in the political life will bolster the 17 concept of parliamentary counsels and support the regime. 18 Abdel Rahman said, the sacrifice for the sake of God 19 does not bear any losses. Their dead ones are in heaven. 20 It is worth mentioning that the list of founders of 21 the Sharia party which was presented last month by their 22 representative attorney, Mamdouh Ismail (he was accused in the 23 case of the late President Anwar Sadat's assassination. He is 24 considered one of the prominent members of the legal defense 25 team defending Islamists.) to the Parties Affairs Committee of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6954 4A6MSAT1 1 the Egyptian Consultative council. It included some names of 2 militants who are considered "extremists who were accused in 3 the assassination of the late president Anwar Sadat and who 4 were involved in other religious violence cases." 5 Among the names that were included in the list of the 6 Sharia party was Abdel Khaleq and Majdi Ibrahim Al-Najar, who 7 are the brothers of Ahmad Al-Najar, the prime suspect in the 8 case of the returnees of Albania, and who is awaiting 9 execution. The two were previously accused in the case of 10 President Sadat's assassination. The list also included the 11 attorney, Hasan Ali Mahmoud, who was accused in 1993 in the 12 case of the famous writer, Faraj Fouda's assassination. It 13 also included Ismail Mohammed Ali, who was accused in the Sadat 14 case, which caused him to be discharged from the army. At that 15 time, he was accused to be one of Abud Al-Zoumar's aides. He 16 [Ismail] was also accused in the 1987 in the case of reviving 17 the al-Jihad organization, and in the assassination attempt of 18 the former interior minister, Major General Hasan Abu Basha. 19 Concerning the reform party, its list contained 70 20 people. Among them are some symbols of the nonviolent 21 approach, and others were previously accused in religious 22 violence related cases. 23 [LS: Missing line]. 24 The Islamic purpose. In order to apply God's law on 25 earth. To stand in a single line to face the waves of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6955 4A6MSAT1 1 alienation and dissolution that flooded all aspects of life in 2 the Islamic countries. 3 On the other hand, Jamal Sultan, who said that Omar 4 Abdel Rahman's letter is fabricated, added that this action was 5 aimed to "derail the new political project which was presented 6 by the reform party. He also said, whoever ponders the letter 7 will find out that it answered a question other than the one 8 which was asked by the founders. The alleged letter did not 9 address the political parties. However, it only addressed the 10 Parliaments. The poor language and weak evidence had clearly 11 proved that the letter had been falsely attributed to Sheikh 12 Omar, who is an Azhar University graduate. He, Jamal Sultan, 13 expressed his deep regrets regarding what he described as an 14 attempt of some Islamists to adopt and refuse the ills of 15 covert operations in the political action arena. The founders 16 of the reform party are historic figures and not "affiliates" 17 to the Islamic movement as they were depicted in the letter. 18 He emphasized that the consent of the political 19 activities was legitimized by many prominent and well known 20 scholars in Egypt and the Islamic world. 21 It is obvious that the clashes within the Islamic 22 forum hinder reforms and developments. It also hinders the 23 discovery of future challenges. 24 MR. TIGAR: May I confer with Mr. Morvello, your 25 Honor? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6956 4A6MSAT1 1 THE COURT: Yes. 2 MR. MORVILLO: Your Honor, for the record and at the 3 request of Mr. Tigar, I just note that LS in the transcript 4 stands for language specialist and not Lynne Stewart. 5 THE COURT: All right. The parties agree. Ladies and 6 gentlemen, the LS in the transcript stands for language 7 specialist and not Lynne Stewart. 8 MR. MORVILLO: Your Honor, at this time the government 9 offers into evidence Government Exhibit 2405-7 and 2405-7T. 10 THE COURT: Ladies and gentlemen, these exhibits are 11 received in evidence, 2405-7 and 2405-7T. They are received 12 only against Mr. Yousry and they are not offered for the truth 13 of any of the statements in the exhibits. They are being 14 received solely with respect to the knowledge, intent, and 15 state of mind of Mr. Yousry. 16 (Government's Exhibits 2405-7 and 2405-7T received in 17 evidence) 18 MR. MORVILLO: May we publish 2405-7, your Honor? 19 THE COURT: Yes. 20 MR. MORVILLO: Ms. Griffith, can you scroll down to 21 the bottom. Could you display the other three pages of the 22 exhibit? 23 Your Honor, I would like to display Government Exhibit 24 2405-7T, but I'm not planning on reading it at this time. 25 (Continued on next page) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6957 1 MR. MORVILLO: Your Honor, at this time the government 2 offers in evidence 2405-2. 3 THE COURT: All right. Government Exhibit 2405-2 4 received in evidence. 5 (Government's Exhibit 2405-2 received in evidence) 6 THE COURT: Ladies and gentlemen, this exhibit is a 7 newspaper article and it's not received for the truth of any of 8 the statements in the article. 9 MR. MORVILLO: Your Honor, may I read a -- may I 10 display the exhibit to the jury? 11 THE COURT: Yes. The article is not received for the 12 truth of any of the statements in the article. 13 MR. MORVILLO: At the top it reads in English 14 handwriting, approved by Mr. Jabara, then a date 1999, and then 15 some Arabic, then 25. 16 If I may read from Government Exhibit 2400S. It's in 17 evidence, your Honor, a stipulation. 18 THE COURT: Yes. 19 MR. MORVILLO: Paragraph five, your Honor. 20 Government Exhibit 2405-2 is identical but for the 21 handwriting of Government Exhibit 2020, as to which Government 22 Exhibit 2020T is a true and accurate translation. 23 Your Honor, at this time the government offers into 24 evidence Government Exhibit 2415-11 and 2415-11T. 25 THE COURT: All right. Government Exhibits 2415-11 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6958 1 and 2415-11T are received in evidence. 2 (Government's Exhibits 2415-11 and 2415-11T received 3 in evidence) 4 THE COURT: Ladies and gentlemen, this is a newspaper 5 article. It's not offered or received for the truth of any of 6 the statements in the article. 7 MR. MORVILLO: May we publish Government 8 Exhibit 2415-11 to the jury, your Honor. 9 THE COURT: Yes. 10 MR. MORVILLO: At the top in English it is written 11 approved -- in handwriting, approved by Mr. Jabara. 12 May I now publish and read to the jury Government 13 Exhibit 2415-11T, your Honor. 14 THE COURT: Yes. 15 MR. MORVILLO: Handwritten, English, approved by 16 Mr. Jabara. 17 Struggle between the Islamic Group leaders. Mustafa 18 Hamza announces that he has assumed the leadership. 19 London Al-Quds al-'Arabi, issue 3289. December 3, 20 1999. Report by Khalid al-Shami. 21 Increasing signs of splits within the militant Islamic 22 Group as well as contradictory statements about the leadership 23 of the Group emerged yesterday. The Group is considered one of 24 the biggest organizations that oppose the government of Egypt. 25 Al-Quds al-'Arabi received a letter from Rifa'i Ahmad SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6959 1 Taha yesterday in which he denied his resignation, stating that 2 he will continue to work for religion "from several locations" 3 through the Islamic Group; besides "my membership in the 4 highest leading Group organization." 5 Usamah Rushdi, a member of the Islamic Group [IG] who 6 lives in the Netherlands confirmed the authenticity of Muhammad 7 Shawqi al-Islambuli's letter in which he announced his 8 resignation and that of Rifa'i Taha from the IG's Shura 9 Council, the IG's highest leadership body. 10 He emphasized that Mustafa Hamza is the "Shura Council 11 chairman" and the IG's present leader, that there is no 12 disagreement over this issue and that he is announcing this on 13 his behalf. 14 It is worth mentioning that Mustafa Hamza is the main 15 suspect in the 1995 assassination attempt against Egyptian 16 President Husni Mubarak at Addis Ababa. 17 Rushdi denied reports of an "organizational collapse" 18 in the IG, adding that the IG still includes several quarters 19 and trends. 20 He added that the resignation of Rifa'i, al-Islambuli 21 and others were "voluntary" and aimed at giving others the 22 opportunity to assume the responsibility and run the IG's 23 affairs. 24 Rushdi strongly denied reports of a deal between the 25 IG and Egyptian government which aimed at putting an end to the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6960 1 acts of violence in return for the release of the jailed IG 2 members and commuting the death sentences issued against some 3 IG members in the recent cases to life sentences. He accused 4 "some Islamist quarters" in the British capital or "Londistan" 5 as he called it, of changing their tune when speaking to the 6 media. 7 He said that the struggle with the Egyptian government 8 is continuing but "with different means," adding that are some 9 25,000 IG members in Egyptian jails despite the recent wave of 10 releases which affected over 5,000 fundamentalists. 11 An Islamist source close to the IG attributed the 12 contradictory statements issued by the IG leaders to old 13 disagreements within the Shura Council over a statement issued 14 by Rifa'i Taha in which he announced that IG was responsible 15 for the 1997 Luxor massacre which claimed the lives of 59 16 tourists in November 1997. 17 He said that Rifa'i did not consult with the council 18 on this issue and on other important issues such as joining 19 Saudi oppositionist Usama bin Laden's front, in addition to the 20 recent threats he made about the armed attacks that might 21 resume in Egypt. He added that he wanted to steer the IG 22 toward "certain directions." 23 It is worth mentioning that the Islamic Group did not 24 carry out any armed operation in the past two years in response 25 to an initiative launched by its traditional leaders who are SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6961 1 imprisoned since the assassination of the late president Anwar 2 al-Sadat in 1981. 3 The source denied the alleged "struggle for power" 4 over the leadership of the Group, wondering what would happen 5 among them if they were ever been able to assume power. 6 He pointed out, Taha's resignation followed these 7 disagreements, and that he has a "a copy" of it except that he 8 refused to announce it. 9 Reuters quoted some fundamentalists who live in Egypt 10 and abroad their saying that "the Group's Shura Council is no 11 longer in power." 12 An Islamist living in London accused "some people" of 13 using al-Islambuli's name knowing he has no way of contact with 14 the media. It is believed that both Rifa'i Taha and Muhammad 15 Shawqi al-Islambuli live in Afghanistan. 16 The recent "war of statements" started last month when 17 Rifa'i Taha wrote an article warning against the government's 18 strong fist on Islamists which can push some members abroad to 19 violent operations similar to the Luxor massacre. 20 It is known that the Islamic Group differs from other 21 fundamentalist organizations in its concept of "shura" 22 (consultation); the leader is committed to "shura." Therefore, 23 the "Shura Council," not the leader alone, makes the decision. 24 If a leader does not conform to this law, he would be going 25 against Islamic law. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6962 1 Sheikh Rifa'i Ahmad Taha. I did not resign. No 2 organizational collapse -- 3 THE COURT: Hold on just a moment. One of the -- it's 4 10:46. Why don't we take a break. 5 (Pause) 6 THE COURT: OK. 7 MR. MORVILLO: May I continue, your Honor. 8 THE COURT: Yes. 9 MR. MORVILLO: Sheikh Rifa'i Ahmad Taha. I did not 10 resign. No organizational collapse in "the Islamic Group" 11 Brother, Mr. Abdel Bari 'Atwan, editor in chief, 12 Al-Quds al-'Arabi. 13 May the peace, mercy and blessings of God be upon you. 14 Your newspaper published an article on its front page 15 under the title "Predictions of Organizational Collapse and 16 Internal Conflicts." It included a letter sent by brother 17 Shawqi al-Islambuli -- may God protect him -- with news about 18 my resignation from the Islamic Group. I would like to state 19 the following in this respect: 20 One, the resignation of one member or more from the 21 leadership of the Islamic Group does not mean any 22 organizational collapse inside the Group nor any collapse at 23 all. The Group will continue to be strong and adamant in the 24 face of any attempt to demolish it. 25 Two, the resignation or nonresignation of the Group SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6963 1 members is an internal issue. The Group is not in the habit of 2 putting these causes in newspapers. This is not acceptable to 3 any son of the Islamic Group. 4 Three, I did not authorize anybody to announce my 5 resignation. I do not know if brother Shawqi is the one who 6 sent this statement to you or somebody else. 7 Four, I did not submit my resignation the way it was 8 presented in the news article. God willing, I will continue to 9 work for religion through the Islamic Group from several 10 locations besides my membership in the highest leading Group 11 organization. 12 Five, all the statements and interviews I gave to the 13 press express my personal viewpoint as I said at the beginning 14 of each. It is possible that the person who sent you this news 15 article deducted it from the same interviews. The last 16 interview I made was published in your newspaper on Monday, 17 November 29, page 3. It quoted me saying something in this 18 effect. This does not mean that the Group said otherwise or 19 that it renounced part of it. The Group will continue to say 20 the truth no matter how much it costs. However, we agreed in 21 our Group to distinguish between the official statements of the 22 Group and the articles its leaders issue to express its general 23 direction. 24 I am writing this letter to make things clear. Please 25 publish it or at least refer to it on the front page same as SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6964 1 you did with the former news article you received. 2 Please accept my best regards and respect. 3 Rifa'i Ahmad Taha, one of the traditional and founding 4 leadership of the Islamic Group in Egypt. 5 At this time, your Honor, the government offers in 6 evidence Government Exhibit 2415-12 and 2415-12T. 7 THE COURT: All right. Ladies and gentlemen, these 8 exhibits are received in evidence. They are not offered or 9 received for the truth of any of the matters stated in the 10 article. Like I say, it's a newspaper article. 11 (Government's Exhibits 2415-12 and 2415-12T received 12 in evidence) 13 MR. MORVILLO: Your Honor, may we publish Government 14 Exhibit 2415-12 to the jury. 15 THE COURT: Yes. 16 MR. MORVILLO: In handwriting at the top it states, 17 approved by Mr. Jabara. 18 May I now read and publish to the jury Government 19 Exhibit 2415-12T, your Honor. 20 THE COURT: Yes. 21 MR. MORVILLO: Handwritten in English, in brackets, 22 approved by Mr. Jabara. 23 Al-Hayat in Arabic, 7 December 99, page 5. 24 Report by Mohammed Salah from Cairo: 25 "Confirmed to Al-Hayat Rifa'i Taha's commitment to the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6965 1 decision to halt operations. Al-Zayyat: Islamic Group's 2 crisis is fabricated." 3 Muntasir Al-Zayyat, the Islamic Group's lawyer in 4 Egypt, said that he was expecting the recent crisis inside the 5 group, which led to rumors of possible resumption of violent 6 acts, to end soon. Al-Zayyat described the differences between 7 the group's leaders that the media has reported as 8 "fabricated." 9 A number of the Group leaders published statements and 10 interviews in a number of newspapers, revealed in a split in 11 their stands on how to deal with the government. These were 12 explained as differences between Rifa'i Ahmad Taha, who was in 13 charge of the organization's Shura Council for a long time, and 14 four council members living abroad. They are Mustafa Hamza, 15 Usamah Rushdi, Mohammad Shawqi al-Islambuli 'Abd-Al-Akhar 16 Hammad. It then became known that Taha resigned from the 17 council one year ago and was replaced by Hamza. But Al-Zayyat 18 stressed that Taha "is committed to the decision to halt armed 19 operations." He said that the analyses that explained an 20 article by Taha criticizing the Egyptian government as a threat 21 to violence "were an erroneous interpretation." He stressed 22 that Taha "did not mean at all that he intended to take 23 unilateral decisions on the question of violence." 24 Al-Zayyat told Al-Hayat that he has received signals 25 from several parties asserting their commitment to the Group's SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6966 1 stands, including the ones maintaining the calm and continuing 2 to honor a decision taken by the Shura Council last March 3 ordering a total halt to armed operations inside and outside 4 Egypt." He said that he was expecting the Group to issue an 5 official statement soon that "will include decisions binding on 6 everyone and put an end to the speculations and rumors of the 7 past few days and the wrong information about changes in the 8 organization's strategy." 9 Regarding the stand of the Group's military wing on 10 the differences, Al-Zayyat pointed out that "unlike other 11 organizations, the Group has not seen any splits throughout its 12 history." He added, "Those who carry out the operations 13 receive their orders from the Shura Council, whomever its 14 members are. Thus the changes in the council's formation do 15 not affect the stand of the military wing's members who always 16 comply with its decisions." 17 He went on to say, "When the historic leaders who are 18 serving prisons terms in the assassination of Anwar al-Sadat's 19 case launched their famous peace initiative more than two years 20 ago, some of the council's members living outside Egypt doubted 21 it. The violent acts did not stop until the Luxor incident 22 happened. This led to the emergence of a current among the 23 leaders abroad that believed in the need to deal with the peace 24 initiative positively. They stood behind a Shura Council 25 decision issued in February 1998 that hinted at changes in the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6967 1 means and methods that the group would follow in future to 2 achieve its objectives. The group's members in Egypt have not 3 fired a single shot since that time, which means that all of 4 them are complying with the Shura Council members' decision to 5 stop operations. When an official decision was issued last 6 March to stop operations inside and outside Egypt, the Group 7 exercised self-restraint to the extent that it did not 8 retaliate for the death of a number of its members, among them 9 Farid Salim Kidwani who was killed last September. This means 10 that the members do not react until they receive orders to do 11 so." 12 Your Honor, at this time the government offers into 13 evidence Government Exhibit 231237. 14 THE COURT: All right. Ladies and gentlemen, this 15 exhibit is offered and received solely against Mr. Yousry. 16 MR. MORVILLO: May we publish it to the jury, your 17 Honor. 18 THE COURT: Yes. 19 MR. MORVILLO: I'm just going to read the top, 20 notification of Special Administrative Measures, April 7, 1999 21 (modified December 10, 1999). 22 Ms. Griffith, if you would just scroll through the 23 pages of the exhibit. 24 At this time, your Honor, the government would offer 25 into evidence Government Exhibit 2305-1. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6968 1 THE COURT: All right. Ladies and gentlemen, this 2 exhibit is offered and received solely against Mr. Yousry and 3 Ms. Stewart. 4 MR. MORVILLO: May I publish it to the jury, your 5 Honor. 6 THE COURT: Yes. 7 MR. MORVILLO: Government Exhibit 2305-1, United 8 States Department of Justice, United States Attorney, Southern 9 District of New York. April 5, 2000. By federal express, 10 Abdeen Jabara, Esquire, Ramsey Clark, Esquire, 36 East 12th 11 Street, New York, New York 10003. Lynne Stewart, Esquire, 351 12 Broadway, third floor, New York, New York 10013. 13 Re Omar -- Dr. Omar Abdel Rahman. 14 Dear counsel, on April 3rd, 2000, the Special 15 Administrative Measures (SAM) for Dr. Omar Abdel Rahman was 16 extended for another 120 days. Enclosed is a copy of your 17 client's SAM and an affirmation acknowledging receipt of the 18 SAM. Please sign the enclosed affirmation and return the 19 original to our office. 20 Very truly yours, Mary Jo White, United States 21 Attorney, Southern District of New York. By Paul W. Butler, 22 Assistant United States Attorney 212-637-2475. 23 With the Court's permission, I would just publish the 24 remaining pages, the attached pages of the exhibit. 25 THE COURT: All right. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6969 1 MR. MORVILLO: Your Honor, did you want to take a 2 morning break? 3 THE COURT: All right. Ladies and gentlemen, we'll 4 break for ten minutes or so. Please remember my continuing 5 instructions. Please, don't talk about the case at all. 6 Please always remember to keep an open mind until you've heard 7 all of the evidence, I've instructed you on the law and you've 8 gone to the jury room to begin your deliberations. 9 Have a good break. I'll see you shortly. 10 (Recess) 11 THE COURT: All right. Mr. Morvillo. 12 MR. MORVILLO: Thank you, your Honor. Your Honor, the 13 government now offers into evidence Government Exhibits 2312-25 14 and 2312-25T. 15 THE COURT: All right. Government Exhibits 2312-25 16 and 2312-25T are received in evidence. 17 (Government's Exhibits 2312-25 and 2312-25T received 18 in evidence) 19 THE COURT: Ladies and gentlemen, the exhibit is a 20 newspaper article and it's not offered or received for the 21 truth of any of the statements in the article. 22 MR. MORVILLO: Your Honor, may I publish Government 23 Exhibit 2312-25 to the jury. 24 THE COURT: Yes. 25 MR. MORVILLO: In handwriting at the top it says SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6970 1 approved by Lynne Stewart. 2 May I now publish and read to the jury Government 3 Exhibit 2312-25T, your Honor. 4 THE COURT: Yes. Handwritten in English, approved by 5 Lynne Stewart. The 12th year issue, 3416 Friday, May 5, 2000. 6 Muharram 30, 1421, 4, Al-Quds al-'Arabi Arabic and 7 international affairs. 8 State security court prepares to sentence 13, 3 of 9 whom are minors, charged with belonging to "the Group." 10 The Egyptian government continues legal prosecution of 11 Islamists despite a halt in violent acts. 12 Cairo, AFP: In spite of the Egyptian authorities' 13 ability to put a stop to the wave of violence which reached its 14 peak in the Luxor attack in 1997, it remains firm in continuing 15 legal prosecution of the Islamists, 43 of whom will appear in 16 court during this May. 17 It had been decided that the Emergency Court, whose 18 decisions are considered final, will review three different 19 cases. Two of the cases address acts of violence committed by 20 armed organizations, while the third relates to those active in 21 the Islamic Brotherhood Group, which rejects acts of violence. 22 Sentence is expected to be pronounced on the 10th of 23 May by the state security court, for 13 defendants, three of 24 whom are minors. This is in the framework of trying an Islamic 25 Group in Al-Minya (south) connected to the Islamic Group, one SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6971 1 of the most important armed fundamentalist groups in Egypt. 2 Their leader, Sha'ban Haridi, a 30-year-old peasant, 3 had been sentenced to death last April 13th for his involvement 4 in the killing of three members of the police force and seven 5 civilians, three of whom were Copts between 1995 and 1997. The 6 Group is charged with armed robbery in order to finance the 7 Islamic Group and they could be sentenced to life in prison 8 with hard labor. It is noted that the Islamic Group took 9 responsibility for the Luxor attack which took the lives of 58 10 tourists and four Egyptians in November 1997. 11 However, it announced in March of 1999 abandoning 12 violence and, in fact, there has been a period of tranquility 13 since the end of 1998. 14 The state security court will also review the matter 15 of ten Islamists, four of whom are women, on the 23rd of May. 16 They are accused of working to revive the fundamentalist 17 movement of Al-Takfir and Al-Hijra. 18 Shukri Ahmad Mustafa, who split from the Muslim 19 Brotherhood organization started Al-Takfir and Al-Hijra 20 movement. The movement was able to carry out the assassination 21 of the Minister of Islamic Estates, Muhammad Hussain al-Dahabi 22 in July of 1977. The founder of the movement along with four 23 of its leaders were executed in March of 1978. The ten from 24 Al-Takfir and Al-Hijra were arrested in 1999 in the provinces 25 of Al-Giza and Alexandria and were presented for prosecution SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6972 1 last March. They are accused of being affiliated with "an 2 illegal group that works to obstruct application of the 3 constitution and that violates citizens' rights." 4 It has also been decided that the High Military Court 5 in Cairo will decide at the end of May on a date to sentence 20 6 from among the ranks of the Islamic Brotherhood Group who were 7 arrested in October. Their trial had started last 8 December 25th. 9 They are accused of "harming public welfare and 10 belonging to an illegal organization that works to obstruct 11 application of the constitution and of working to revive the 12 Muslim Brotherhood group." The penalty for these charges can 13 reach life imprisonment with hard labor. Among the 20 that 14 will appear in court are 12 board members of professional labor 15 organizations, for example, the ones representing engineers, 16 physicians, pharmacists and attorneys, the most prominent of 17 whom is Attorney Mukhtar Nuh, the former deputy and member of 18 the board for the attorneys' guild. 19 The trial of the members of the Muslim Brotherhood 20 comes months prior to the legislative elections due to take 21 place next fall, actual date not yet specified. Fifty-four 22 from the ranks of the Muslim Brotherhood were arrested and 23 imprisoned directly before the last legislative election in 24 1995. It is known that the Muslim Brotherhood Group, which was 25 founded by Hassan al-Banna in 1929 calls for implementing SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6973 1 Islamic law. However, it rejects violence. Human rights 2 organizations said that there were currently more than 15,000 3 Islamists in Egyptian prisons, most of whom [are there] without 4 trial because of the imposed emergency statement that has been 5 almost permanent for the last 33 years. 6 Next to the headlines in English, approved by lynne 7 stu. 8 Under picture, Egyptian fundamentalist, members of 9 "the Islamic Group" during their appearance in front of the 10 military court that will review the Islamists' cases. (Reuters) 11 Your Honor, at this time the government offers into 12 evidence Government Exhibit 2405-1. 13 THE COURT: All right. Government Exhibit 2405-1 14 received in evidence. 15 (Government's Exhibit 2405-1 received in evidence) 16 THE COURT: Ladies and gentlemen, this exhibit is not 17 offered and not received for the truth of any of the statements 18 in the article. 19 MR. MORVILLO: Your Honor, may we publish Government 20 Exhibit 2405-1 to the jury. 21 THE COURT: Yes. 22 MR. MORVILLO: It says hotmail inbox, approved, Lynne, 23 May 19, 2000. Page one of two. 24 There's a stipulation with respect to this exhibit 25 that I'd like to read, your Honor. It's Government SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6974 1 Exhibit 2400S, paragraph 6. 2 THE COURT: All right. 3 MR. MORVILLO: Government Exhibit 2405-1 consists of 4 two statements, one by Rifa'i Ahmad Taha and one by the 5 al-Azhar student's union, read to Sheikh Abdel Rahman by 6 defendant Mohammad Yousry in the presence of defendant Lynne 7 Stewart during the May 19, 2000, prison visit. A true and 8 accurate translation of the reading of these statements appears 9 at pages 50 through 58 of Government Exhibit 1706X (one of the 10 transcripts of the May 19, 2000 prison visit.) 11 At this time, your Honor, the government would offer 12 into evidence Government Exhibit 2312-34 and 2312-35. 13 THE COURT: All right. Government Exhibits 2312-34 14 and 2312-35 received in evidence. 15 (Government's Exhibits 2312-34 and 2312-35 received in 16 evidence) 17 THE COURT: Ladies and gentlemen, these exhibits are 18 not offered and not received for the truth of any of the 19 statements in these articles. 20 MR. MORVILLO: Your Honor, may we publish Government 21 Exhibit 2312-34 and 35 to the jury. 22 THE COURT: Yes. 23 MR. MORVILLO: Your Honor, at this time I'd like to 24 read a paragraph from Government Exhibit 2400S, which is a 25 stipulation relating to Government Exhibit 2312-34 and 35. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6975 1 THE COURT: All right. 2 MR. MORVILLO: Ms. Griffith, can you put it on the 3 Elmo for me. 4 Thank you. 5 Paragraph seven, Government Exhibits 2312-34 and 6 2312-35 together constitute a copy of an article read to Sheikh 7 Abdel Rahman by defendant Mohammad Yousry in the presence of 8 defendant Lynne Stewart during the May 20, 2000, prison visit. 9 A true and accurate translation of the reading of this article 10 appears at pages 73 through 79 of Government Exhibit 1711X (one 11 of the transcripts of the May 20, 2000 prison visit.) 12 Your Honor, at this time the government offers into 13 evidence Government Exhibits 2312-41 and 2312-42 and the 14 corresponding translations, 2312-41T and 2312-42T. 15 THE COURT: 2312-41, 2312-42, 2312-41T and 2312-42T 16 are all received in evidence. 17 (Government's Exhibits 2312-41, 2312-42, 2312-41T and 18 2312-42T received in evidence) 19 THE COURT: Ladies and gentlemen, these exhibits are 20 not offered and not received for the truth of any of the 21 statements in the article. 22 MR. MORVILLO: Your Honor, may we publish Government 23 Exhibit 2312-41 and 42 to the jury? 24 THE COURT: Yes. 25 MR. MORVILLO: At the top it reads Ayna.com, in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6976 1 handwriting, approved by Lynne Stewart, page one of two. 2 Your Honor, may I now publish to the jury and read to 3 the jury Government Exhibit 2312-41T and 2312-42T. 4 THE COURT: Yes. 5 MR. MORVILLO: Brackets, handwritten English, approved 6 by Lynne Stewart. 7 There is no God but Allah and Mohammed is his prophet. 8 In the name of Allah, the most merciful and compassionate. 9 "Those whose efforts have been wasted in this life, 10 while they thought that they were acquiring good by their 11 works?" 12 "They are those who deny the signs of their Lord and 13 the fact of their having to meet Him in the hereafter. Vain 14 will be their works, nor shall we on the day of judgment give 15 them any weight." 16 With broken hearts we have received the declaration 17 that is attributed to our honorable Sheikh, Dr. Omar Abdel 18 Rahman, which was conveyed by the American attorney Lynne 19 Stewart and delivered to the media by the American Abu 20 Omar/Ahmed Abdel Sattar. The declaration claims that our 21 honorable Sheikh has withdrawn his support of the initiative of 22 cessation of violence. 23 The Islamic Group "Callers of the Truth" was keeping 24 an eye on those members who deviated from the right path of our 25 basic and conventional Islamic work and put their personal SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6977 1 interests and greed before the fear of God. 2 It is time for the Islamic Group "Callers of the 3 Truth" to publish their previous messages to brother Abu Yasir 4 Rafa'i Taha, which was delivered through his adherent, Yassir 5 al-Sirri in those messages. We advised him to fear God and to 6 stop his acts that only led us to tribulations. But since he 7 was kicked out of the consultative council of our Islamic Group 8 and was replaced by another brother, he kept on spreading 9 hatred and innuendos. He surrounded himself with shaky 10 characters and managed to recruit two individuals whose true 11 allegiance is unknown, and they are the American, Ahmed Abdel 12 Sattar, who claims that he is the official spokesperson of the 13 Sheikh, while, in fact, he adds to what the Sheikh says. And 14 he is an informant of American intelligence services. 15 The other individual is Yassir al-Sirri, Abu Ammar, 16 who was kicked out of the Jihad Group and who resides in London 17 from where he propagates enmity toward our Islamic Group. We 18 are used to this man's aggressiveness towards our group, 19 especially after he was rejected by the Jihad Group in 20 October 1998. And in order to create division, he lied and 21 claimed that the honorable Sheikh does not condone the issued 22 report by our distinguished Sheikhs and historical leaders in 23 which they call to stop violence. The authenticity of this 24 report was proven false and its purpose was revealed as well as 25 of those behind it. Once more today he repeats the same SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6978 1 maneuver. 2 The Islamic Group "Callers of the Truth" will not 3 forget to warn all the brothers from this lobbyist, especially 4 as we commemorate the blessed birth of our prophet. May God's 5 peace, blessings and mercy be bestowed on him. They will not 6 forget to remind him to reflect on our blessed prophet's 7 biography and to remain united under the Islamic and lawful 8 leadership of the Islamic Group, their sheikhs and their 9 historical leaders, abiding by the rules of its Islamic work 10 and faithful to its constitutional resolutions. 11 "And Allah has full power and control over his 12 affairs; but most among mankind know it not." 13 The Islamic Group "Callers of the Truth," 6/14/2000. 14 11th of Rab'i first 1421H, the Islamic Group, the Callers of 15 the Truth, 6/14/2000. 16 Your Honor, at this time the government offers into 17 evidence Government Exhibit 2312-44 and 2312-44T. 18 THE COURT: All right. Government Exhibits 2312-44 19 and 2312-44T are received in evidence. 20 (Government's Exhibits 2312-44 and 2312-44T received 21 in evidence) 22 THE COURT: Ladies and gentlemen, these exhibits are 23 not offered or received for the truth of any of the statements 24 in the articles. All right. 25 MR. MORVILLO: May we display Government SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6979 1 Exhibit 2312-44 to the jury, your Honor. 2 THE COURT: Yes. 3 MR. MORVILLO: At the bottom in handwriting it says 4 approved, Lynne Stewart. 5 May I now publish and read to the jury Government 6 Exhibit 2312-44T, your Honor. 7 THE COURT: Yes. 8 MR. MORVILLO: In the upper left-hand corner in 9 brackets, handwritten English, approved by Lynne Stewart. 10 Asharq Al-Awsat, in Arabic 15 June 00P3. 11 Omar Abdel Rahman's lawyer relays a message in which 12 he withdraws his support of the initiative to stop violence in 13 Egypt. 14 Omar Abdel Rahman, the banned spiritual leader of the 15 Egyptian Islamic Group who's serving a life sentence in the US, 16 has reportedly decided to withdraw his support for the 17 cease-fire announced by the Islamic Group leaders two years ago 18 in which their followers are still complying with. 19 Abdel Rahman (62) was sentenced to life in prison in 20 January 1996 in New York in the case of the explosions at the 21 World Trade Center in 1993 that killed six people and injured 22 1,000. His trial lasted nine months and more than 200 23 witnesses testified before it. 24 Abdel Rahman's lawyer, Lynne Stewart, said in a 25 telephone contact with Asharq Al-Awsat from New York last night SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6980 1 that he is withdrawing his backing of the present initiative to 2 halt violence. 3 Abdel Rahman launched a vehement attack on Sameh 4 Darrar, Egypt's former consul in New York and its present 5 ambassador in the Swedish capital of Stockholm, for his 6 statement in which he accused the sheik of being a US agent. 7 Darrar also said he's being treated well in his US prison. 8 Abdel Rahman said, "I have been in a solitary cell since 1993 9 and I am not allowed visits or to have a radio." 10 He asked, "Is it good or privileged treatment when I 11 am not allowed to perform the Friday and congregation prayers? 12 Is it good treatment when I am not told of the advent of the 13 first day of Ramadan and the first day of the holiday, when no 14 one is allowed to talk to me or I don't talk to anyone and when 15 I, an al-Azhar scholar who studied and taught Islam for 40 16 years, am categorized as insane?" 17 Talking about being beaten and physically attacked by 18 his guards, he said "Is it good treatment when I am subjected 19 to toxic gases that cause me severe pains and to be monitored 20 by cameras 24 hours a day?" 21 Abdel Rahman replied to Ambassador Darrar's charges of 22 escaping to Sudan. He said "It was the Egyptian government 23 that expelled me. Apparently he can't differentiate between 24 the year 1980, when the Court acquitted me in the al-Sadat 25 case, and the year 1990, when I was forced to escape from Egypt SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6981 1 to Sudan and from there to Pakistan, Afghanistan and then Saudi 2 Arabia." 3 Replying to Darrar's remarks that the United States 4 takes good care of its friends, the Islamic Group's spiritual 5 leader said "How great is the US backing for its friends in 6 Afghanistan! It is now chasing the Arab mujahadeen who had 7 brought down the Soviet Union and has sentenced me personally 8 to life in prison." 9 On his part the Egyptian ambassador in Stockholm 10 commented on Abdel Rahman's statement in a telephone call with 11 Asharq Al-Awsat. He said "I am surprised by the things that 12 the blind sheik still remembers after six years." He added 13 that he left New York in 1994 and does not recall accusing 14 Abdel Rahman of being a US agent when he acted as Egypt's 15 consul there. Darrar said he was living under the protection 16 of the FBI during his stay in New York after Abdel Rahman had 17 sanctioned his death in a speech at his mosque in Brooklyn 18 before his arrest in 1993. 19 Lawyer Stewart read the statement that she said Abdel 20 Rahman issued when she visited him two weeks ago at Rochester 21 prison in Minnesota where he is serving a life sentence. She 22 said that Sheikh Abdel Rahman concluded that the July 1997 23 initiative had not brought positive results for the Islamists. 24 Abdel Rahman backed the initiative in a statement that was 25 titled "They stood up for God and are stopping for the sake of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6982 1 God." The initiative gained momentum and a moral boost after 2 the Luxor incident in November of the same year. 3 Stewart cited Abdel Rahman as saying "no progress has 4 been made. Thousands of detainees are still in prison, the 5 military trials are continuing and the death sentences are 6 still carried out." 7 The Islamic Group announced a unilateral ceasefire in 8 July 1997. The lawyer also cited Abdel Rahman as saying "those 9 who declared the initiative acted in good faith but the 10 Egyptian government does not have good intentions." 11 Stewart added that the sheik was totally isolated in 12 his prison and that, contrary to reports, was not treated well. 13 She said that he was held in solitary cell but his morale was 14 very high. 15 She noted that the prison authorities might ban her 16 from visiting him because of these statements. She also 17 pointed out that the US government had imposed many 18 restrictions on the defense team. But the latter decided at a 19 meeting held several days ago to study the best way for 20 reporting Abdel Rahman's message to the media and the right 21 timing for doing so. 22 Stewart said the defense team visits Abdel Rahman once 23 every few months and contacts him by telephone once a week. He 24 can telephone his wife once a month. Sources close to Abdel 25 Rahman have reported that he inadvertently spoke for the first SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6983 1 time with his 11-year-old daughter who was born during his 2 voluntary exile. The US authorities penalized him by banning 3 him from making telephone calls for six months. 4 Your Honor, at this time the government offers into 5 evidence Government Exhibit 2312-46. 6 THE COURT: All right. Ladies and gentlemen, let me 7 just take five minutes. We'll take a brief break. Please 8 remember my continuing instructions. Don't talk about the case 9 at all, always remember to keep an open mind. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6984 1 (In open court; jury not present) 2 THE COURT: Please have a seat. 3 The only reason for the break is that I wanted to 4 confirm that the construction that the parties had agreed upon 5 for the documents coming up, which in all of the cases appear 6 to be from 2312-46 through 2312-58, are these exhibits are not 7 offered or received for the truth of any of the statements in 8 the article; that I'm correctly reading; and that, in fact, 9 those go over to 2312-58. 10 MR. TIGAR: Your Honor, does that instruction begin 11 with the text that says these are media articles or newspaper 12 articles or words to that effect, because -- 13 THE COURT: I'll say that. 14 MR. TIGAR: It might be helpful to remind the jurors 15 that you've told them about newspaper articles and that 16 newspaper reporters sometimes get it wrong. The language that 17 you've used before as an introduction would, we suggest, make 18 it clearer. 19 MR. MORVILLO: Yes, your Honor, that's the correct 20 instruction. 21 THE COURT: OK. All right. Then that really would 22 take me down, with a couple of exceptions which don't have 23 limiting instructions, to about 2312-54. OK. 24 MR. MORVILLO: Your Honor, just with respect to this 25 one article that I'm about to read, which is Government SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6985 1 Exhibit 2312-46, this is an article by Esmat Salaheddin. It is 2 the government's view that his testimony about the statements 3 are admitted for the truth but the article itself is -- gets 4 this limiting instruction, just so that -- 5 THE COURT: Well, he's already -- yes, he's testified 6 and there was no claim of limitation on his testimony in court 7 subject to cross-examination. 8 MR. TIGAR: Is Mr. Morvillo requesting that the Court 9 say something about that subject? 10 MR. MORVILLO: No, your Honor. I was just pointing it 11 out to the Court and to the parties. 12 THE COURT: All right. Unless someone else needs a 13 break, would you call the jury in and we'll probably go until 14 12:45. OK. 15 MS. BAKER: Your Honor, actually, if we might have a 16 minute before the jury comes in. 17 THE COURT: Sure. Why don't we take five minutes. 18 MR. BARKOW: Your Honor, the reason we asked for this 19 is that Mr. Tigar asked that at this point the Court remind the 20 jurors that you've told them newspaper articles -- about 21 newspaper articles and that newspaper reporters sometimes get 22 it wrong. 23 THE COURT: No. What I would intend to do -- and you 24 can keep the jury out -- what I would tell the jurors at this 25 point is, as you will see, the next series of exhibits are SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6986 1 newspaper articles. I've previously instructed you about 2 newspaper articles. They are not received for the truth of the 3 matters asserted. 4 MR. BARKOW: We're content with that instruction, your 5 Honor. 6 THE COURT: And that's what I will say. 7 MR. TIGAR: Your Honor, the Court had in the past 8 given an instruction that was longer than the one you're now 9 giving in which you said, and reporters may or may not get it 10 right about what was said or done. I would ask that you give 11 the same instruction that you did at that page of the 12 transcript, which I will find. 13 (Continued on next page) 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6987 4A6MSAT3 1 MR. TIGAR: The reason that I'm happy to tell them 2 that you should, of course, continue to follow that 3 instruction, to talk about it runs into the issue of -- 4 Mr. Salaheddin previously testified to the Court's point. I 5 accept that. I do not press the contention I just make telling 6 the jurors to follow the earlier instruction and I can level 7 the playing field. I understand the concern that's been 8 expressed here and I don't want to use the instructional 9 process as a mid-trial summation, and I take the Court's point. 10 MR. BARKOW: That's fine, your Honor. 11 THE COURT: Let's bring in the jury. The order should 12 be, the next series of exhibits, newspaper articles. I 13 previously instructed you about newspaper articles and you 14 should follow that instruction. They are not received for the 15 truth of the matters asserted in the articles. 16 (Jury present) 17 THE COURT: Mr. Morvillo. 18 MR. MORVILLO: Your Honor, I am not sure -- I don't 19 recall whether you received in evidence Government Exhibit 20 2312-46. 21 THE COURT: Government Exhibit 2312-46 is received in 22 evidence. 23 (Government's Exhibit 2312-46 received in evidence) 24 THE COURT: Ladies and gentlemen, this exhibit and a 25 series of exhibits following it are newspaper articles. I SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6988 4A6MSAT3 1 previously instructed you about newspaper articles, and you 2 should follow that instruction here. They are not received for 3 the truth of the matters asserted in the articles. 4 You may proceed. 5 MR. MORVILLO: Your Honor, may I display for the jury 6 Government Exhibit 2312-46? 7 THE COURT: Yes. 8 MR. MORVILLO: The top in the handwriting, approved, 9 Lynne Stewart. 10 Your Honor, may I now read from Government Exhibit 11 2400S, which is a stipulation? 12 THE COURT: Yes. 13 MR. MORVILLO: Paragraph 8. Government Exhibit 14 2312-46 is an article by Esmat Salaheddin from the June 15, 15 2000 edition of the Arabic-language newspaper al-Quds al-Arabi. 16 It is an Arabic version of Mr. Salaheddin's June 14, 2000 17 Reuters article which is in evidence as Government Exhibit 524. 18 Thus, Government Exhibit 524 is a true and accurate English 19 translation of Government Exhibit 2312-46. 20 Your Honor, I've been informed that Government Exhibit 21 524 is not yet in evidence, so I would offer it at this time. 22 THE COURT: All right. Government Exhibit 524 23 received in evidence. 24 (Government's Exhibit 524 received in evidence) 25 THE COURT: It is not offered or received for the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6989 4A6MSAT3 1 truth of the statements in the article. 2 MR. MORVILLO: May I publish it to the jury, your 3 Honor? 4 THE COURT: Yes. 5 MR. MORVILLO: Full article, Government Exhibit 524, 6 Factiva, Dow Jones and Reuters, page 1 of 3. 7 Spiritual chief of Egypt militants renounces truce by 8 Esmat Salaheddin, 589 words, 14 June 2000 10:23 GMT Reuters 9 News, English. 2000 Reuters limited. 10 Cairo, June 14, Reuters. The spiritual leader of 11 Egyptian Moslem militants whose bloodiest act was the 1997 12 Luxor massacre, has renounced their truce, his lawyer said on 13 Wednesday. "He is withdrawing his support for the cease fire 14 that currently exists," Lynne Stewart, the main lawyer for 15 Sheikh Omar Abdel Rahman, told Reuters by telephone from New 16 York. 17 The Sheikh is serving a life sentence in the United 18 States for his role in a plot to bomb New York buildings in 19 1993. 20 She read a statement which she said he had issued two 21 weeks ago from his jail cell in Rochester, Minnesota, which his 22 defense team had held while considering how best to release it. 23 Stewart said Sheikh Omar had concluded that the 24 unilateral truce observed by al-Gama'a al-Islamiya (Islamic 25 Group) since the Luxor slaughter of 58 foreign tourists and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6990 4A6MSAT3 1 four Egyptians had brought no advantage to Egypt's biggest 2 militant group. 3 "There is absolutely nothing moving forward," she 4 quoted his statement as saying in Arabic. "The thousands of 5 people who are in prison (in Egypt) are still in prison, the 6 military trials continue, executions are taking place." 7 Last year exiled Gama'a leaders endorsed a 1997 cease 8 fire call by their jailed comrades in the shura (consultative) 9 council that sets the group's guidelines. 10 "The people who launched the cease fire have good 11 faith, but the (Egyptian) government has shown no good faith, 12 Sheikh Omar said in the statement. He wants people not to 13 place hope in this process because nothing is moving forward, 14 Stewart said. 15 Moslem militants in Egypt and abroad say the views of 16 the 61-year-old blind cleric are highly respected by his 17 followers. 18 Exiled Egyptian Islamists say his latest decision may 19 further deepen a rift between what are believed to be two camps 20 inside the Gama'a, those who support the cease fire and those 21 who want to continue the armed struggle. 22 Leader said to be ill-treated in jail. 23 Stewart said the Sheikh was completely isolated in 24 jail and was not well treated. He is held in solitary 25 confinement, but his faith is very, very strong, she added. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6991 4A6MSAT3 1 They (U.S. prison authorities) may bar me from visiting him 2 because of this announcement." 3 U.S. officials could not immediately be reached for 4 comment. 5 Stewart said Sheikh Omar's legal defense team visits 6 him every few months and calls him once a week. He is 7 permitted one call a month to his wife in Cairo. 8 The cleric was tried twice in Egypt in the early 9 1980s, but acquitted for lack of evidence. He made his way 10 into the United States in 1990 after obtaining an American visa 11 in Khartoum. 12 About 1200 people, mainly militants and police, were 13 killed during a 1992-1997 insurgency by Moslem radicals bent on 14 toppling President Hosni Mubarak's pro western government and 15 turning in Egypt into a purist Islamic state. 16 Egyptian jails hold 12,000 political detainees who 17 have not been charged or tried, the U.S. State Department 18 reported in February. A local human rights group puts the 19 figure at 15,000. 20 The interior ministry says about 5,000 detainees have 21 been released in the past three years, though human rights 22 activists and Islamists say the number is much lower. Military 23 courts have sentenced about 95 militants to death since 1992, 24 of whom 72 have been executed. Sentences by military courts 25 cannot be appealed under Egypt's emergency laws in force since SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6992 4A6MSAT3 1 militants assassinated President Anwar Sadat in 1981. 2 Your Honor, at this time the government offers into 3 evidence Government Exhibit 2312-49 and 2312-49T. 4 THE COURT: All right. Government Exhibits 2312-49 5 and 2312-49T received in evidence. 6 (Government's Exhibits 2312-49 and 2312-49T received 7 in evidence) 8 THE COURT: But not for the truth of any of the 9 statements contained in the article. 10 MR. MORVILLO: Your Honor, may we publish Government 11 Exhibit 2312-49 to the jury? 12 THE COURT: Yes. 13 MR. MORVILLO: The handwriting at the bottom of the 14 second page says approved, Lynne Stewart. 15 May I now publish and read to the jury Government 16 Exhibit 2312-49T? 17 THE COURT: Yes. 18 MR. MORVILLO: [Handwritten English] approved Lynne 19 Stewart. Al-Hayat in Arabic 15 June 00 PP16. 20 Omar Abdel Rahman Withdraws his Support of the Peace 21 Initiative and Founder of The Group persists in halting 22 violence. 23 Cairo, Muhamad Salah. 24 Signs of a new disagreement have appeared within the 25 Islamic Group in Egypt following the decision of its leader SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6993 4A6MSAT3 1 Dr. Sheikh Omar Abdel Rahman, who is serving a life sentence in 2 a U.S. prison to withdraw his support of the peaceful 3 initiative. This initiative was launched in July 1997 by the 4 organization's historic leaders who are serving sentences for 5 their involvement in the case of the assassination of the late 6 President Anwar al-Sadat. This is while engineer Salah Hashem 7 the group founder who lives in Suhaj province, has stressed 8 that Mustafa Hamzah, who is in charge of the Organization 9 Consultative Council, his council colleagues and historic 10 leaders "still maintain their stand on the initiative and have 11 not changed it." 12 Hashem told Al-Hayat that he was contacted by Hamzah 13 several days ago during which the latter confirmed that the 14 decision to halt military operations "is a strategic choice 15 that the group will not deviate from." He pointed out that he 16 had visited the leaders in prison a few days ago and did not 17 find any change in their stand. Hashem also said that Abdel 18 Rahman's remarks "are just reviews for discussion and 19 examination at the Consultative council, but no decision has 20 been taken yet." He asserted that he and his colleagues still 21 "support the initiative." 22 Since launching the initiative, the Islamic Group is 23 experiencing reactions and differences between two factions. 24 The first is led by Hamzah and represents the majority that was 25 behind the Islamic Group's decision in March of last year to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6994 4A6MSAT3 1 stop all military operations inside and outside Egypt. 2 Prominent leader Rifa'i Ahmad Taha Musa leads the other 3 hard-line wing that rejects the initiative and believes that it 4 has not achieved anything for the group. Abdel Rahman's 5 position is therefore favorable to Taha. 6 Last November, the organization had changes in 7 leadership when Hamzah took charge of the consultative council, 8 the post that was held by Taha. It was noted recently that 9 Taha issued statements signed by him but without an 10 organizational title, and included violent attacks against the 11 government. 12 Justifying his new stand, Abdel Rahman said, "The 13 initiative has not achieved any positive results." His lawyer 14 Lynne Stewart said in New York that her client wrote her a 15 statement two weeks ago and handed it to her when she visited 16 him in the Minnesota prison. Stewart said in a telephone 17 conversation with Al-Hayat in Cairo yesterday that Abdel Rahman 18 had replied in his statement to remarks made by Egypt's former 19 consul in New York, ambassador, Sameh Darrar. 20 The latter said "The Sheikh is being treated well and 21 even more than well in his U.S. prison," that he and his 22 followers are "U.S. agents" and that the "U.S. Government takes 23 good care of its friends." 24 In his statement, Abdel Rahman asked, "Is it good 25 treatment and even better than good when I am deprived of radio SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6995 4A6MSAT3 1 broadcasts and newspapers, when I am not allowed to have a 2 person read books and newspapers to me, read a letter or write 3 one for me? Is it good treatment when I am not allowed to 4 perform the Friday prayer or pray with a congregation, not told 5 of the first day of Ramadan, its last day, and the holidays, 6 remain imprisoned with no one talking to me or me talking to 7 anyone for 24 hours a day?" 8 He added, "Is it good treatment and above good when I, 9 an al-Azhar scholar who studied and taught Islam for 40 years, 10 am classified among the insane and placed next to them, 11 subjected to harmful odors and gases that cause me severe 12 pains? Attached and beaten by government employees? Thrown to 13 the ground and kicked? Denied visit from my family, friends 14 and media correspondents? Being observed by cameras and tape 15 recorders 24 hours and also for those to be used during the 16 single visit that my family was allowed to pay me in five 17 years?" 18 Abdel Rahman's wife and his brother visited him in 19 prison last year, but the American authorities refused to let 20 them have a close meeting and placed a glass barrier between 21 them. 22 Abdel Rahman added, "I withdraw my support of the 23 initiative to halt operations because we have reaped nothing 24 from it except disunity. It is obvious that the government 25 still continues its policy. Military trials are continuing, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6996 4A6MSAT3 1 death sentences are still being issued and carried out and the 2 prisons are full. He advised his followers in the organization 3 not to pin hopes or cling to groundless hopes from the 4 initiative. He concluded his statement by saying that he is 5 adhering to his principles and will not forsake the trust that 6 God has put on my shoulders as one of the nation's scholars. I 7 will continue to tell the truth as long as I can, even if the 8 price for telling it is my death in America's prisons." 9 In 1995, a federal court sentenced Abdel Rahman and 10 another fundamentalist, Sayyid Nusayr, to life in prison. 11 Nusayr was acquitted in 1990 in the assassination case of 12 Israeli Rabbi Meir Kahana. The Court also sentenced eight 13 other defendants to prison sentences ranging between 25 and 57 14 years. They were convicted of involvement in a large-scale 15 plot that included blowing up the World Trade Center in New 16 York on February 26, 1993, planning to blow up the UN 17 headquarters and bridges and tunnels leading to New York, and 18 preparing to assassinate Egyptian president, Hosni Mubarek, 19 during his visit to the United States the same year. 20 Your Honor, at this time the government offers into 21 evidence Government Exhibits 2312-50 and 2312-50T. 22 THE COURT: Government Exhibits 2312-50 and 2312-50T 23 are received in evidence. They are received not for the truth 24 of any of the statements in the article. 25 (Government's Exhibits 2312-50 and 2312-50 received in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6997 4A6MSAT3 1 evidence) 2 MR. MORVILLO: May I publish Government Exhibit 3 2312-50 to the jury, your Honor? 4 THE COURT: Yes. 5 MR. MORVILLO: Written in the margin is approved, 6 Lynne Stewart and a date, 2000 and what appears to be Arabic. 7 May you I now read Government Exhibit 2312-50 to the 8 jury, your Honor? 9 THE COURT: Yes. 10 MR. MORVILLO: Government Exhibit 2312-50T. 11 [Handwritten English] approved Lynne Stewart. 12 Al-Sharq al-Awsat in Arabic 16 June 00 P3. [Report by 13 Nabil Abu-Sutayt from Cairo: "Imprisoned Islamic Group leaders 14 are committed to the initiative to halt violence"]. 15 The shura consultative council of the banned Egyptian 16 Islamic Group Organization issued a statement yesterday 17 underlining the commitment to the initiative to halt violence. 18 The council includes all the Islamic Group's imprisoned 19 historic leaders, among them Abud al-Zummar. It urged all 20 Islamic Group members inside and outside Egypt to comply with 21 the leaders' initiative which was previously launched. 22 The statement came in the wake of the statement made 23 the day before yesterday by Lynne Stewart, the lawyer of 24 group's spiritual leader Omar Abdel Rahman, who is imprisoned 25 in the United States. She said that Abdel Rahman has backed SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6998 4A6MSAT3 1 down, the day before yesterday, on the initiative to halt 2 violence. The statement which was attributed to the group's 3 "emir" Omar Abdel Rahman, was distorted and made prematurely. 4 The statement of the "group" leaders said: "This has saddened 5 us. We read the full text of the Abdel Rahman's message that 6 consisted of two parts. The first dealt with his suffering in 7 his U.S. prison. The second was addressed to the Islamic 8 Group's historic leaders who did not see in it any indication 9 that he has withdrawn his initiative as reported. On the 10 contrary, it contained clear expressions in which the blind 11 Sheikh underlines his approval of whatever they agree on." 12 They added: "We thank Abdel Rahman for hindering 13 schemes that are hostile to Islam. They then urged all the 14 leaders of the group at all levels inside and outside Egypt to 15 comply with their unanimous agreement to halt violence. 16 Islamic group lawyer Muntasir al-Zayyat yesterday 17 visited the group leaders at their Turah prison south of Cairo. 18 He told Al-Sharq al-Awsat: The statements attributed to 19 Dr. Abdel Rahman are baseless. The person who conveyed this 20 message betrayed the trust twice, once by leaking a message 21 that was not for publication and addressed to the Islamic Group 22 leaders, and second time by distorting and deleting parts of 23 the message in a way that suggested the opposite of Sheikh 24 Omar's intention. According to the shura council's statement, 25 he was the most ardent advocator of stopping combat SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 6999 4A6MSAT3 1 operations." 2 The shura council said that they have received the 3 message and read it. It deals with two issues. The first is 4 Sheikh Abdel Rahman's bad conditions in his prison in the 5 United States and his ill treatment at the hands of the 6 prison's management. The second deals with instructions that 7 the statement described as a beacon that guides them at a 8 critical moment. The statement then stressed, Sheikh Omar has 9 not backed down on his support for the initiative to halt 10 violence. It also expressed Islamic Group leaders' 11 astonishment at the remarks attributed to him. 12 Your Honor, at this time, the government would offer 13 into evidence Government Exhibit 2312-47A and B, and Government 14 Exhibit 2312-47AT and 2312-47BT. 15 THE COURT: All right. Government Exhibits 2312-47A 16 and 47B and 2312-47AT and 2312-47BT are received in evidence, 17 but not for the truth of any of the statements in the article. 18 (Government's Exhibits 2312-47A, 2312-47B, 2312-47AT, 19 and 2312-47BT received in evidence) 20 MR. MORVILLO: Your Honor, may I publish Government 21 Exhibit 2312-47A and 47B to the jury? 22 THE COURT: Yes. 23 MR. MORVILLO: At the top in handwriting, approved, 24 Lynne Stewart. 25 If you could focus on the date, Ms. Griffith, on the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7000 4A6MSAT3 1 left-hand column. Al-Hayat, Friday 16 June, 2000, issue No. 2 13610. 3 Your Honor, may I now read to the jury Government 4 Exhibit 2312-47AT? 5 THE COURT: Yes. 6 MR. MORVILLO: May I publish it as well? 7 THE COURT: Yes. 8 MR. MORVILLO: Al-Hayat newspaper, Friday June 16, 9 2000 handwritten English, approved Lynne Stewart. 10 Abdel Rahman denies his withdrawal to the initiative. 11 Egypt, the historical leaders of the Islamic Group 12 assert their commitment to stop all violent operations. 13 Cairo Al-Hayat. 14 The historical leaders of the Islamic Group 15 organization ended the feud over the group leader Dr. Omar 16 Abdel Rahman's new position regarding a decision taken by the 17 organization to stop all military operations inside and outside 18 Egypt. 19 Yesterday, some of the imprisoned leaders issued a 20 report in which they expressed their December may "for the leak 21 to the media, concerning a letter addressed to them by the 22 Blind Sheikh. They described what was published in the papers 23 as a distorted and misleading version of the true position of 24 Abdel Rahman. 25 The attorney Muntasir al-Zayyat has visited yesterday SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7001 4A6MSAT3 1 the imprisoned leaders. Al-Hayat was able to get a copy of 2 their report in which the following was said: It is very 3 appalling for us to see the leak that occurred to the media 4 recently. It is regarding a private message sent by the 5 honorable Sheikh Dr. Omar Abdel Rahman (may God keep him and 6 protect him) to us, through his attorney, Muntasir al-Zayyat. 7 Moreover, this leaked message was presented in a distorted and 8 misleading way." Those distorted messages caused major 9 confusion concerning the honorable Sheikh's position from the 10 initiative of the cessation of violent operations in Egypt 11 which he condoned three years ago. 12 Today we examined the true and entire letter. We 13 concluded that whoever leaked some of the messages's contents 14 is a traitor since he betrayed the confidence put in him first 15 by publishing a private message that was note supposed to be 16 published, and secondly the content of the letter was 17 distorted, and we don't know to whose advantage was this done? 18 And who allowed it? We found that the letter consists of two 19 parts. The first part, which the Sheikh allowed to be 20 published, is about the honorable Sheikh's endurance and 21 patience to the persecution he faces, a price for his adherence 22 to his convictions and to his devotion to Islam. It is also a 23 response to ambassador Samih Darrar who claimed that the Sheikh 24 was treated well by the authorities in the American prisons. 25 This announcement makes no sense and is one sided SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7002 4A6MSAT3 1 since it does not even represent the Egyptian government's 2 view. The second part of the letter belongs to us, and we did 3 not find in it any indication that the Sheikh is withdrawing 4 his support to the initiative; better yet, it includes 5 sentences that show his eminence's modesty, as well as his 6 total confidence in the decision we agree upon regarding the 7 adherence to our principles. Therefore, while we are 8 supporting the initiative we thank his eminence for his support 9 and his confidence in us. His blessed support to us had a 10 great impact since it defended our religion and our people from 11 depravity. It opened a blessed door for Islam and its peoples. 12 Your support obstructed the plans of defying forces against 13 Islam which intended to continue the shedding of blood as a 14 justification to obliterate Islam. All the group leaders 15 inside and outside Egypt concurred to abide by the initiative 16 which was agreed upon in the past, and openly supported by the 17 honorable Sheikh to stop all violent operations. The report 18 added the letter of the honorable Sheikh was not supposed to be 19 handled by the media, and we recommend that such issues must 20 not be handled by the media in the future, and to let us deal 21 with the honorable Sheikh our way. 22 The group leaders who are outside Egypt began to 23 communicate in order to remedy the crisis caused by the 24 dissemination of the letter, which was perceived as the 25 Sheikh's withdrawal of his support to the peace initiative. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7003 4A6MSAT3 1 The initiative was launched in July 1997 by the historical 2 leaders of the group who are now serving prison sentences for 3 the assassination of President Anwar al-Sadat. 4 The highest authority within the group, the shura 5 committee, has not yet issued up to yesterday any reply to 6 Sheikh Abdel Rahman's communique. In this communique he 7 explains his retraction to his previous position of supporting 8 the initiative, saying that the government did not change its 9 disposition from the Islamists and that the initiative caused 10 nothing but separation. 11 May I publish and read to the jury Government Exhibit 12 2312-47BT, your Honor? 13 THE COURT: Yes. 14 MR. MORVILLO: Handwritten in English, approved Lynne 15 Stewart. Al-Hayat in Arabic 16 Jun 00 P5, report by Muhammad 16 Salah in Cairo. 17 Although he is incarcerated in a U.S. jail serving a 18 life sentence, Sheikh Omar Abdel Rahman, the leader of the 19 al-Jama'ah al-Islamiya, extremist group in Egypt, remains a 20 controversial person and a mover of events that may take place 21 thousands of miles from where he is. The importance that this 22 man enjoys among Islamists from various factions and 23 affiliations goes beyond the fact that he is the spiritual 24 leader of the al-Jama'ah Al-Islamiya (Islamic Group) which has 25 carried out several major acts of violence in Egypt, starting SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7004 4A6MSAT3 1 with the assassination of former president Anwar al-Sadat and 2 ending with the notorious massacre in Luxor in November 1997. 3 In February 1998, Osama Bin Laden, Dr. Ayman 4 al-Zawahiri, former leader of the Egyptian al-Jihad Group; two 5 factions from Pakistan; and one faction from Bangladesh 6 established the organization of the Islamic Army for the 7 Liberation of the Holy Sites." This army is believed to be a 8 military wing of the "World Islamic Front to Fight against Jews 9 and Crusaders." When this organization claimed responsibility 10 for the bombings of the two U.S. embassies Nairobi and Dar El 11 Salaam, the name of Sheikh Omar Abdel Rahman figured 12 prominently in the statement that was released by this 13 organization. He was mentioned as one of the several Muslim 14 scholars languishing in U.S. jails. When the traditional 15 leaders of the Islamic Group launched their peaceful initiative 16 in July 1997, protests by some of their colleagues and members 17 of the shura council living abroad grew until Sheikh Omar Abdel 18 Rahman issued a statement from his jail in support of this 19 initiative. As a result of this support, the opponents to the 20 initiative found themselves in a difficult position for they 21 could not object to Abdel Rahman's instructions and directives 22 and had to change their position. Even the most radical among 23 them, such as Rifa'i Ahmad Taha Musa, bowed to the wish of the 24 majority and preferred to remain silent. He was unable to stop 25 the current in the direction of the peaceful trend until the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7005 4A6MSAT3 1 organization issued its decision in March 1999 completely 2 suspending military operations inside and outside Egypt. 3 The reaction to Abdel Rahman's retraction from his 4 position and of his support for the initiative has aroused the 5 interest of the media pertaining to anything he may say for 6 peace or for war. This media interest is due to the fact that 7 Abdel Rahman's words may lead to certain policies and actions 8 by his followers. It is also due to the influence that it may 9 have on Abdel Rahman himself, particularly since he says that 10 he is suffering from an isolation that had never been imposed 11 on any other prisoner in the United States. 12 Although Sheikh Omar Abdel Rahman is blind, he is the 13 "general emir of the Islamic Group." However, his health 14 condition and incarceration in the United States have prevented 15 him from personally supervising the work of this group. The 16 daily affairs of this group are run by the shura council, some 17 members of whom are in jail in Egypt, while others are 18 dispersed in European and perhaps Asian countries. When a vote 19 is to be taken on any resolution, Abdel Rahman has one vote 20 like any other member of the shura council. However, his 21 stature makes it hard to his opponents to object to his 22 opinion. 23 Sheikh Omar Abdel Rahman was born on May 3, 1938 in 24 the village of al-Jamaliyah, in the province of al-Daqhaliyah, 25 120 miles from Cairo. He was diabetic and lost his sight 10 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7006 4A6MSAT3 1 months after his birth. He did his elementary, preparatory, 2 and secondary education in the nearby town of Damietta that 3 schools associated with al-Azhar. He then went to the al-Azhar 4 University and graduated from the al-Azhar School of Religious 5 Studies in 1965. During his university education, he became 6 exposed to the ideology of the Muslim brothers, but he did not 7 join them. Sheikh Omar Abdel Rahman was arrested in 1968 and 8 dismissed from al-Azhar in 1969 for his radical ideas, which 9 culminated with a fatwah he issued that it is not right to 10 perform prayer on the corpse of Jamal Abdel Nasir because he is 11 "an infidel and unbeliever." This fatwah drove authorities to 12 arrest him again on October 3, 1970. Sheikh Omar spent eight 13 months in the al-Qal'ah jail before he was released. Sheikh 14 Omar worked as a teacher in the Al-Minya Academy and later in 15 Asyut University. He received a doctorate degree in Islamic 16 theology in 1977 and was appointed as an instructor in the 17 school of religious studies of the al-Azhar University branch 18 in the province of al-Fayyum. He was also appointed as the 19 imam of the mosque in the nearby village of Fidmin. He used 20 the mosque pulpit to continue to instigate against the ruling 21 regime. 22 Sheikh Omar Abdel Rahman then left Egypt for Saudi 23 Arabia where he worked in the field of teaching and later 24 returned at the beginning ever 1980. During his annual leave, 25 he was always invited to lecture at the camps and panel SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7007 4A6MSAT3 1 discussions of the Islamists. These discussion groups were 2 organized under the guise of "student unions" that were under 3 the control of the Islamists. After his return, he met with 4 members of the shura council of the Islamic group in the town 5 of al-Fayyum who asked him to be their leader because they were 6 determined to have a legitimate point of reference. He 7 declined the offer at first, but then accepted it and submitted 8 to their viewpoint. Later, the Islamic Group entered into an 9 alliance with the al-Jihad organization that was then led by 10 engineer Muhammad Abdel Salam Faraj. The two sides accepted 11 Abdel Rahman as leader, emir, and mufti of the alliance that 12 engineered the assassination of Anwar al-Sadat. When the ring 13 leaders of the assassination confessed to the military tribunal 14 that their leader had issued a fatwah legalizing the murder of 15 al-Sadat because he was "infidel," Sheikh Omar's coy response 16 was, "I did not issue a fatwah permitting the killing of 17 al-Sadat. Does al-Sadat need such a fatwah?" Sheikh Omar 18 defended himself before the court for eight hours and he and a 19 second defendant, out of 24 defendants, were acquitted for lack 20 of evidence. 21 However, after the trial, Sheikh Omar Abdel Rahman 22 became more active moving from one Egyptian province to another 23 sermonizing and instigating. The authorities barred him from 24 leaving his place of residence in al-Fayyum and prevented him 25 from delivering sermons and meeting with his followers. He was SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7008 4A6MSAT3 1 arrested again in 1989 in the wake of the incidents that took 2 place in the al-Shuhad' Mosque in al-Fayyum when he was accused 3 of inciting the worshippers to commit sabotage and to 4 demonstrate and attack the police. The next year, he was 5 acquitted again but the military governor refused to ratify the 6 court verdict of acquittal based on the powers vested in him by 7 the emergency law. This case was then referred to another 8 court. In April 1994, this Court sentenced him in absentia to 9 seven years in prison. 10 In 1990, Sheikh Omar Abdel Rahman left for Sudan where 11 he procured an entry visa to the United States. He left for 12 the United States where he used the al-Salam mosque in Jersey 13 City as the center of his operations. He was arrested in the 14 wake of the World Trade Center bombing in New York on February 15 26, 1993 after the U.S. authorities used Imad Salim, one of his 16 followers, as a witness against him. During the trial Abdel 17 Rahman defended himself again but the U.S. Court sentenced him 18 to life in 1995. He was moved to Manhattan Jail and after his 19 health condition worsened, he was moved to a prison in 20 Minnesota so he would be close to a health center there. 21 Your Honor, at this time the government would offer 22 Government Exhibit 2312-55 and 2312-55T. 23 THE COURT: Government Exhibits 2312-55 and 2312-55T 24 are received in evidence, but not for the truth of any of the 25 statements in the articles. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7009 4A6MSAT3 1 (Government's Exhibits 2312-55 and 2312-55T received 2 in evidence) 3 MR. MORVILLO: May we publish it to the jury, 4 Government Exhibit 2312-55? 5 THE COURT: Yes. 6 MR. MORVILLO: At the top it reads Ayna.com, approved 7 by Lynne, 6-20-2000. 8 May I now publish to the jury and read to the jury 9 Government Exhibit 2312-55T? 10 THE COURT: Yes. 11 MR. MORVILLO: [Handwritten English] 12 Approved by Lynne 6-20-00. 13 In the name of God, the Companionate, the Merciful. 14 Praise be to God and prayer and peace be upon God's 15 Prophet. 16 Dear Brothers, Peace, and God's mercy and blessings be 17 upon you, we received yesterday a statement in the name of the 18 Islamic Group -- advocates of truth -- and since its content is 19 far from the good character every Muslim should strive to have, 20 in addition to adhering to his faith, and a poor attempt to 21 create an incident between us and our brothers, Sheikh Abu 22 Yassir, may God protect him, and the good brothers Yassir 23 Al-Sirri, and Ahmed Abdel Sattar, may God guide them to what he 24 prefers and a favors. And from its style and word choice we 25 assume that who sent it is out to fulfill the interest of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7010 4A6MSAT3 1 suspicious parties, so we request from our brothers to be on 2 the alert, and cautious during this delicate period of the 3 group's history. 4 May God reward you, and God's blessings, and peace and 5 mercy be upon you, 6 The Islamic Group in Egypt. Friday 14 Rabi Al-Awal 7 (6/16. 8 Your Honor, at this time the government would offer 9 into evidence Government Exhibit 2312-45A, 2312-45B, and 10 2312-45C, and corresponding translations 2312-45AT, 2312-45BT, 11 and 2312-45CT. 12 THE COURT: Government Exhibits 2312-45A, 45B, and 13 45C, and Government Exhibits 2312-45AT, 45BT, and 45CT are 14 received in evidence. 15 (Government's Exhibits 2312-45A to 2312-45C and 16 2312-45AT to 2312CT received in evidence) 17 THE COURT: But not for the truth of any of the 18 statements in the article. 19 MR. MORVILLO: Your Honor, may I publish Government 20 Exhibit 2312-45A, B, and C to the jury? 21 THE COURT: Yes. 22 MR. MORVILLO: In the upper right hand corner it reads 23 approved by Lynne Stewart, 6-20-00. 24 Your Honor, may I now read and publish to the jury 25 Government Exhibit 2312-45AT? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7011 4A6MSAT3 1 THE COURT: Yes. 2 MR. MORVILLO: [Handwritten English] approved by Lynne 3 Stewart 6-20-00. 4 The Islamic Group threatens Washington with an 5 imminent action. 6 London: Muhammad Al-Shafi'i. 7 Rifa'i Ahmed Taha, an official of the Egyptian Islamic 8 Group said, "As for Omar Abdel Rahman, the spiritual leader of 9 the group who is incarcerated in an American prison, the policy 10 of discussion, threats and promises is over, and we will talk 11 to the United States of America in the language that it 12 understands, and we will break his shackles and we will free 13 him, and I believe that has become imminent." 14 He added that the group's leadership may end the truce 15 that it had announced unilaterally two years ago after the 16 spiritual leader, Omar Abdel Rahman, who is imprisoned in the 17 United States, withdrew his support for it. 18 Taha said, in response to questions from Asharq 19 al-Awsat, over the internet from an unknown location (he is 20 believed to be residing in Afghanistan) that the group will 21 reevaluate the initiative to halt the violence, which Abdel 22 Rahman announced he no longer supports because it did not 23 produce any results for the fundamentalist movement. 24 Taha indicated that ceasing of operations is a human 25 decision which could be nullified if the majority of the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7012 4A6MSAT3 1 group's internal leadership sees that as beneficial. 2 Further, Asharq al-Awsat, had conveyed, according to 3 Lynne Stewart, attorney for Abdel Rahman, who is spending a 4 life sentence in a prison in the United States, after being 5 convicted of involvement in the New York bombings of 1993, that 6 last week, according to him, he withdrew his support for the 7 truce that the group has implemented since members of the 8 group had killed 58 foreign tourists and four Egyptians in 9 Luxor in November 1997. 10 Taha, one of the 14 fundamentalist leaders whose 11 extradition has been officially requested by Egypt over the 12 internet, due to their involvement in cases of "religious 13 violence," said there is no doubt that the leadership of the 14 Islamic Group will reevaluate his position based on the 15 directives from Abdel Rahman. 16 Taha, one of the founders of the Islamic Group, who 17 was sentenced to death in absentia, in the case of the 18 returnees from Afghanistan, had denied being toppled by the 19 group's consultative council. He also mentioned the members 20 that had carried out the Luxor massacre in 1997 and said that 21 they were not frustrated nor were they undisciplined, despite 22 the fact that the group, throughout all of its previous stages, 23 was and is still besieged. Details on page 5. 24 Your Honor, if I may publish to the jury Government 25 Exhibit 2312-45BT? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7013 4A6MSAT3 1 THE COURT: Yes. 2 MR. MORVILLO: [Handwritten English] approved by Lynne 3 Stewart, 6-20-00. Al-Sharq al-Awsat in Arabic 19 June 00 P6. 4 Egypt's Islamic Group official: The Decision to Halt Violence 5 Can Be Rescinded. 6 Rifa'i Taha, The Elements That carried out the Luxor 7 Massacre Were Not Frustrated or Undisciplined. 8 London, Mohammed al-Shafi'i. 9 Reports during the past few days that Omar Abdel 10 Rahman, the spiritual leader of the Islamic Group who's serving 11 a prison sentence in the U.S. on the charges of involvement in 12 the 1993 New York explosions, has withdrawn his support for the 13 initiative to halt violence, has provoked an argument amongst 14 Egypt's fundamentalist movements. The group's historic leaders 15 rushed to issue a statement from their prison in Egypt in which 16 they expressed their understanding of the blind Sheikh's 17 conditions and at the same time underlined their commitment to 18 the initiative that was declared unilaterally in 1997. 19 Many observers of the fundamentalist movement's 20 phenomenon believe that this stand and reactions, the argument 21 among the group members inside and outside Egypt about the 22 betrayal of trust in conveying Abdel Rahman's message from his 23 U.S. prison, and the backing down or the attempt to 24 underestimate it and its impact indicate that the Islamic Group 25 is going through an important development inside Egypt. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7014 4A6MSAT3 1 Fundamentalist leader Rifa'i Ahmad Taha is one of 2 those who have broken their silence in the wake of Abdel's 3 Rahman's withdrawal of his support for the initiative to halt 4 violence. The Egyptian authorities regard Taha, alias Abu 5 Yassir, as the group's military official. He is one of the 14 6 fundamentalist leaders accused of involvement in cases of 7 violence that Egypt is officially demanding their extradition 8 from abroad. He was sentenced to death in absentia in the 9 returnees from Afghanistan case. 10 Speaking from an unknown place through the internet, 11 Rifa'i underlined his total support for Abdel Rahman's 12 decision. He said, "The decision to halt violence (the 13 operations) was taken by humans and can be rescinded if the 14 majority inside the Islamic Group believes there is an interest 15 in doing so, particularly after Abdel Rahman's recent 16 instructions in which he has withdrawn his support for the 17 initiative. He pointed out that the group leaders might end 18 the unilateral truce they announced two years ago to stop 19 operations. 20 Taha intervened in formulating some questions in a way 21 that suggested the dialogue was live. The dialogue went as 22 follows: 23 Al-Shafi'i: Some observers in the political and media 24 circles have interpreted Abdel Rahman's withdrawals of his 25 support for the initiative launch by the group leaders SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7015 4A6MSAT3 1 imprisoned in Egypt as a call for resuming violent acts in 2 Egypt. What is your assessment of this? 3 Taha: Dr. Omar Abdel Rahman is The Islamic Group's 4 leader. He has strong influence and is much respected, not 5 only inside the group but also inside the other Islamic 6 movement groups. His instructions are undoubtedly widely 7 accepted by all the circles that love, respect, and consider 8 him their religious term of reference. 9 Taha claimed that the Egyptian authorities continue to 10 ignore God almighty's law and to recognize the Zionist entity, 11 the so-called State of Israel. They do not allow the Egyptian 12 people to choose their rulers and are spreading corruption, 13 bribery, and nepotism. They have attracted the corrupt and 14 excluded the honest ones. The policy of silencing the people, 15 denies freedom, and maintaining the emergency law and 16 widespread arrests, torture, and arranged deaths are also 17 continuing. 18 Al Shafi'i: Your recent statement on the Banquet for 19 Seaweeds novel in which you urged the Egyptian youths to rebel 20 surprised some political circles in Egypt. Is not this 21 inconsistent with the support for the initiative to halt 22 violence that you announced almost three years ago? 23 Taha: I am surprised by this question. When the 24 group announced the suspension of its operations, it did not 25 say that it has abandoned its stand of opposing Egyptian SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7016 4A6MSAT3 1 authorities. As I said in my answer to the previous question, 2 Egypt's Muslim people did not choose these authorities in the 3 proper way. The group will continue to resist the government 4 and urge all sectors of Egypt's Muslim people to rebel and act 5 to change it. The group will in no way become the protector of 6 its interests, like some factions in the Palestinian Liberation 7 Organization who have become the protectors of the Zionist's 8 entity's interests. The group's antigovernment stand has not 9 and will not change, God willing. This stand is one of the 10 group's constants that no one can alter until God's law is 11 established in Egypt and on our land. 12 Al-Shafi'i: Reports talk about a coup against you to 13 remove you from the chairmanship of the group's consultation 14 council. What is the real situation at present, particularly 15 as you now sign your statements "one of the Islamic group 16 leaders? 17 Taha: Structural, organizational, or any other 18 changes inside the group is an internal affair and concern it 19 alone, and anyone who brings them to the media's attention is 20 making a mistake. The policy of not announcing [naming] the 21 group's active leaders is one of the factors of its strength. 22 Reports of what you are calling a coup inside the group are 23 baseless. Thank God that it is far removed from such methods. 24 Leadership in the group, especially in conditions like those 25 that prevail today, is a liability and not an advantage that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7017 4A6MSAT3 1 makes people seek to attain it by staging coups. 2 Al-Shafi'i: The group unilaterally announced its 3 cease fire more than 15 months ago. What is your assessment of 4 the situation at present, particularly after Abdel Rahman 5 announced his withdrawal of his support? 6 Taha: Like any other tendency in Egypt, the Islamic 7 Group is suffering from the suppression of freedom and from not 8 being allowed to express its views. What makes the group 9 different from others is that it has not surrendered to the 10 oppression against it, yielded to the authorities, or helped in 11 any way improve their image. Some media organs have tried to 12 depict the announcement to halt (violent) operations 13 incorrectly. Some regarded it as a deal to reconcile with the 14 regime. Abdel Rahman's withdrawal of the support came as a 15 response to the "regime's continued policy of repressing and 16 silencing the people and not releasing the detainees. The 17 group leaders and members will undoubtedly review their stand 18 and what has been achieved so far in light of Abdel Rahman's 19 instructions: 20 Al-Shafi'i: To what extent can frustrated elements 21 carry out armed operations without referring to their leaders, 22 as was the case in Luxor? 23 Taha: First of all, I object to the use of the 24 expression (frustrated elements). They are not frustrated 25 elements but Mujahidin who know what they are doing. What SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7018 4A6MSAT3 1 happened in Luxor was not in discipline or frustration. The 2 groups tasked with such actions carried it out. If what you 3 are saying about indiscipline is true, then why has there not 4 been any incident since Luxor to this day? There is no 5 indiscipline in the group and the authorities know it. 6 Some people think that what prevented the Islamic 7 Group elements from carrying out other actions was its weakness 8 and encirclement, but I say that the Islamic Group has always 9 been in this state. It is under siege throughout its past 10 stages and still is. It has never been strong in numbers and 11 equipment when compared to the regime but is stronger by its 12 firmness, commitment to its religion, and its strong 13 determination and will. 14 The question will be amended if you asked what are the 15 possibilities that the Luxor incident might be repeated? Then 16 I can tell you that the Luxor incident was the group's attempt 17 to free its leaders, foremost of them Omar Abdel Rahman, 18 Engineer Karam Zuhdi, Lieutenant Abud al-Zummar and others, and 19 as long as the regime continues to suppress the propagators and 20 to carry out the arrest and torture activities. Some youths 21 who want to save their brothers from prison and restore the 22 call to God almighty will definitely act. These youths might 23 not be the group's sons if the latter remains committed to its 24 initiative. Egypt's youths are not limited to the Islamic 25 Group. There are other important groups that have not approved SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7019 4A6MSAT3 1 the initiative and have elements and leaders behind prison 2 bars. There are elements such as Saber and Sulayman, Khatir, 3 neither of whom was linked to a group or organization. 4 Al-Shafi'i: Is the Islamic Group finished following 5 the many concessions made by its leaders, or is there a change 6 in its policy; namely, a backing down on the mistakes of the 7 past? Or has there been an unpublicized agreement with the 8 government? What is the truth? 9 Taha: No one of the Islamic Group leaders has made 10 any concession. It is not finished and will not be finished. 11 It will bow only to God, the supreme and irresistible despite 12 the siege, the distortions and attempts to bring it to its 13 knees. If I understand correctly your question, when you say 14 "there is a change in policy by backing down on the mistakes of 15 the past," then I say that the group does not believe that it 16 has made mistakes when it carried out its Jihad in words and 17 deeds, when it enjoyed what is right and forbade what is wrong, 18 or in its call to God almighty. There have been no changes in 19 the group's course which has been based on God's book and the 20 prophet's Sunna since its inception. Its thinking is based on 21 the thinking of our nation's past scholars and those who had 22 followed their course. 23 THE COURT: We can break for lunch. 24 Ladies and gentlemen, we are going to break for lunch 25 until ten minutes after two. Please remember my continuing SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7020 4A6MSAT3 1 instructions. Please don't talk about this case at all. 2 Always remember to keep an open mind until you have heard all 3 of the evidence, I've instructed you on the law, you've gone to 4 the jury room to begin your deliberations. 5 Have a good lunch. I look forward to seeing you later 6 this afternoon. 7 All rise, please, and please follow Mr. Fletcher to 8 the jury room. 9 (Jury not present) 10 THE COURT: See you this afternoon, five after two. 11 (Luncheon recess) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7021 4A6MSAT3 1 AFTERNOON SESSION 2 2:20 p.m. 3 (In open court; jury present) 4 THE COURT: Good afternoon, ladies and gentlemen. 5 Good to see you all. 6 All right. Yes, Mr. Morvillo. 7 MR. MORVILLO: Thank you, your Honor. 8 Your Honor, at this time the government requests 9 permission to read and publish to the jury Government 10 Exhibit 2312-45CT in evidence. 11 THE COURT: All right. 12 MR. MORVILLO: Asharq Al-Awsat -- 13 THE COURT: And by the way, as you recall, ladies and 14 gentlemen, this exhibit is not offered for the truth of any of 15 the statements in the article. 16 MR. MORVILLO: Asharq Al-Awsat, Monday, 6/19/2000, 17 issue 7874, page five. Handwritten in English, brackets, 18 approved by Lynne Stewart 6/20/00. An Egyptian police official 19 warns the return of armed violence and lessens the importance 20 of Abdel Rahman. 21 Cairo: Nabil Abu Stait. A former Egyptian police 22 official warns of a new wave of violence that may be witnessed 23 by Egypt in the coming period. And he considered what was 24 attributed to the banned leader of the Islamic Group 25 organization, Rifa'i Taha, to be the most important of the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7022 4A6MSAT3 1 series of different statements released in the past days. In 2 assessing his view, General Fu'ad 'Allam, former deputy 3 director of the Egyptian state security police, relied on 4 Rifa'i's leadership position inside the armed wing of the 5 organization, affirming that such statements, when made by 6 Rifa'i Taha, are not to be taken lightly. This, according to 7 General 'Allam, means that the organization has regained its 8 organizational abilities and arranged new sources of finance, 9 after Egyptian law enforcement had restricted all of its 10 activities and succeeded in eliminating the sources of its 11 financing. He also said that a halt in acts of violence during 12 the past two years does not mean the end of these movements 13 forever because they rely on an ideological view that is not 14 yet obsolete and is still capable of producing more 15 reverberations and of enlisting more new members. 16 About the statements that were attributed to Sheikh 17 Omar Abdel Rahman Emir of the Islamic Group who is currently 18 serving his sentence in an American prison, General 'Allam 19 says, "Omar Abdel Rahman's statements have no weight, whether 20 or not they were made by him." He explained that by saying he 21 knows this man to be contradictory in resolving issues and that 22 he relies on emotional situations that are dictated by the 23 movement he lives through. 24 THE COURT: Moment. 25 MR. MORVILLO: Moment he lives through. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7023 4A6MSAT3 1 Also that what happened proves that his [Abdel 2 Rahman's] role is only symbolic. However, General 'Allam gives 3 Rifa'i Taha's statements more weight, pointing out that the 4 latter is an operational leader who knows and means what he 5 says. Therefore, General 'Allam warns of a new wave of 6 violence that may take place in the coming period based on 7 these statements and according to his personal view. 8 Your Honor, at this time the government would offer 9 into evidence Government Exhibits 2312-57 and 2312-57T. 10 THE COURT: All right. Government Exhibits 2312-57 11 and 2312-57T are admitted in evidence but not for the truth of 12 any of the statements in the article. 13 MR. MORVILLO: Your Honor, may I publish Government 14 Exhibit 2312-57 to the jury. 15 THE COURT: Yes. 16 MR. MORVILLO: At the top it says in handwriting 17 approved by Lynne Stewart, 2000, some writing in what looks 18 like another language. 19 May I now publish and read to the jury Government 20 Exhibit 2312-57T, your Honor. 21 THE COURT: Yes. 22 MR. MORVILLO: Handwritten on top of the article, 23 International Ahram, June 21, 2000. Handwritten in English, 24 approved by Lynne Stewart. 25 Omar Abdel Rahman's attorney announces adherence to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7024 4A6MSAT3 1 the initiative released by the Group's leaders to stop the 2 violence. 3 Rifa'i Taha is only expressing his personal opinion 4 after leaving the leadership of the Consultative Council. 5 Ahmad Musa wrote: New developments occurred that 6 relate to the position of Omar Abdel Rahman, the spiritual 7 leader of the organization called the Islamic Group. As his 8 attorney in Egypt, Muntasir Al-Zayyat, announced that the 9 message made public by the American attorney, Lynne Stewart, 10 and what it contained, which some understood to mean that Abdel 11 Rahman withdrew his support for the initiative to stop the 12 violence, was not verified. This, in spite of the fact that 13 its content did not have a single word that conveys what was 14 reiterated. 15 Al-Zayyat said in a press conference for 16 correspondents of newspapers, television and international news 17 agencies that what was said in the message from Sheikh Omar 18 Abdel Rahman included phrases that commission the Group's 19 leaders in Liman Turah [name of a prison in Egypt] to review 20 the position in light of what they see. He also confirmed that 21 the Group's Consultative Council had issued a statement in 22 which they renewed their adherence to the initiative, which 23 they released three years ago and which they continue (to 24 honor). 25 Al-Zayyat added that all ranks and leaders on the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7025 4A6MSAT3 1 inside and the outside are clinging to the initiative to stop 2 the violence and that the statements made by the escaped 3 terrorist Rifa'i Taha do not express the Group's position; 4 rather, they only represent his (Taha's) personal opinion, 5 especially since the leadership position in the Group's 6 Consultative Council is now held by Mustafa Hamza, who strongly 7 supports the continuation of the initiative. 8 Al-Zayyat said that the group's position can only be 9 expressed by a signed statement by the Group. Muntasir 10 Al-Zayyat clarified that efforts are currently being made to 11 verify the accuracy of the meaning of what was said by Attorney 12 Stewart regarding Abdel Rahman's position. Knowing that the 13 conditions under which he is detained makes speaking to him an 14 act that requires a long time and a lot of effort. 15 Your Honor, at this time the government offers into 16 evidence Government Exhibits 2312-59 and 2312-59T. 17 THE COURT: All right. Government Exhibits 2312-59 18 and 2312-59T are admitted into evidence but not for the truth 19 of any of the statements in the article. 20 MR. MORVILLO: Your Honor, may I publish Government 21 Exhibit 2312-59 to the jury. 22 THE COURT: Yes. 23 MR. MORVILLO: In the upper left-hand corner in 24 English is handwritten, approved, Lynne Stewart. 25 Your Honor, may I now read Government Exhibit 2312-59T SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7026 4A6MSAT3 1 to the jury and publish it. 2 THE COURT: Yes. 3 MR. MORVILLO: Handwritten English, approved Lynne 4 Stewart. Al-Hayat in Arabic 21 June 00P7. 5 Report by Muhammad Salah from Cairo. 6 "Al-Zayyat Islamic Group has not backed down on 7 decision to stop operations. Revealed contents of message from 8 the "historic leaders to Omar Abdel Rahman." 9 Muntasir al-Zayyat, the Egyptian fundamentalist 10 Islamic Group's lawyer in Egypt, denied that Islamic Group 11 leader Dr. Omar Abdel Rahman has withdrawn his support for the 12 peace initiative launched by the Islamic Group historic 13 leaders. Abdel Rahman is serving a life sentence in a US 14 prison while the historic leaders are serving prison sentences 15 issued against them in the case of the assassination of former 16 President Anwar al-Sadat. The initiative prompted Islamic 17 Group's Shura Council to issue a decision in March of last year 18 stopping armed operations inside and outside Egypt. 19 Speaking at a news conference held the day before 20 yesterday, Al-Zayyat revealed that Islamic Group leader Abdel 21 Rahman had asked the organization's leaders to assess and 22 review the initiative's achievements since its launch. He said 23 that the historic leaders have sent a message in reply 24 explaining the positive aspects that they believe it has 25 achieved. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7027 4A6MSAT3 1 Al-Hayat cited last Thursday Abdel Rahman's lawyer, 2 Lynne Stewart, as saying that Dr. Abdel Rahman has withdrawn 3 his backing for the initiative because "it has achieved nothing 4 but division" and because the government "has not changed its 5 policy toward the Islamists." 6 But the Islamic Group's imprisoned leaders in Egypt 7 hastened the next day to deny that Abdel Rahman has withdrawn 8 his support. They said he had sent them a message through 9 Al-Zayyat that dealt with severing points, including one about 10 the initiative that did not signify any of this [withdrawal] 11 but underlined his support for whatever they believe is in the 12 interest of the group and the Muslims. Rifa'i Ahmad Taha, the 13 Shura Council's former leader, reacted by announcing the Group 14 is in the process of reviewing the truce imposed by the 15 initiative following Abdel Rahman's change of mind. 16 Al-Zayyat said that Mustafa Hamzah, the official now 17 in charge of the Shura Council, contacted him the day before 18 yesterday to assert that the group continues to observe the 19 decision to stop armed operations and has not changed its peace 20 strategy. He then read a statement that he said he had 21 presented to Hamza. The statement asserted that the "latest 22 Islamic Group stand on the initiative and the decision to stop 23 operations was the one announced by the Shura Council members 24 in the Tura prison last Thursday in a statement that carried 25 their signatures. They stressed in it their commitment to the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7028 4A6MSAT3 1 initiative and determination to proceed with it. They also 2 said that the council members abroad read the statement and did 3 not voice any objection." 4 Explaining the complications that have led to the 5 crisis over Abdel Rahman's stands, Al-Zayyat said: "His 6 Eminence Sheikh Abdel Rahman dictated to his lady lawyer a 7 message addressed to his brothers in Turah prison in which I 8 was supposed to convey to them. The text of the written 9 message did not include a single word or expression indicating 10 his withdrawal of his backing for the peace initiative but 11 contained expressions that underlined his backing for the 12 stands that the leaders take. He also criticized the Egyptian 13 government's refusal to release the detained Islamic Group 14 youths, the continuing military trials, the pursuit and killing 15 of its fugitive elements and the detention of their family 16 members as hostages." 17 He said the leaders sent a reply message to the Sheikh 18 in which they reviewed the initiative's positive achievements. 19 These include the end of military trials and random arrests, 20 the improvement of police station conditions, the release of a 21 large number of the group members -- particularly the old and 22 the sick -- the end to the hostage taking and the stoppage of 23 torture in prisons. The leaders added in their message that 24 the calm will lead to other positive results if it is 25 maintained. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7029 4A6MSAT3 1 Abdel Rahman's status: Al-Zayyat added in his 2 statement, "The respect, esteem and status that His Eminence 3 Sheikh Abdel Rahman enjoys among the Group leaders and sons are 4 indisputable and do not need any confirmation. The attempt to 5 sow sedition between the Group leaders and sons by insinuating 6 that they are disobeying the Sheikh's instructions is futile." 7 This was a reference to statements made by Rifa'i Ahmad Taha in 8 which he asserted that Abdel Rahman has withdrawn his backing 9 for the initiative. 10 Al-Zayyat went on to say that he is in the process of 11 verifying the accuracy of the expressions that Abdel Rahman 12 wanted to send to the media through his American lady lawyer's 13 statement. He added that his client's isolation and the 14 surveillance he is under from US authorities "make talking to 15 the Sheikh and getting him to hear our voice or us to hear his 16 voice need some time and much efforts." 17 Commenting on Taha's statements Al-Zayyat said "sheikh 18 Taha has a senior rank among his brother Islamic Group leaders 19 inside and outside the country. All of them appreciate the 20 efforts he had made for many years during which he was in 21 charge of the group's Shura Council, but the views that he is 22 now voicing represent his personal opinion, and the Islamic 23 Group ought not to be held responsible for Taha's views." He 24 then pointed out, "The Shura Council leadership's post is now 25 occupied by Mustafa Hamza and not by Taha." SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7030 4A6MSAT3 1 Al-Zayyat admitted that the initiative "has not 2 fulfilled the hopes of those who had launched it." He 3 stressed, however, that the alternative solution "is not to 4 overturn the table and return to armed operations." He noted 5 that the initiative "was launched for several practical and 6 legitimate necessities. Gains have certainly been achieved but 7 they are not enough." 8 He explained that Abdel Rahman's request to review and 9 assess the initiative "does not mean armed action but the 10 search for new mechanisms on the basis that the government is 11 one of several parties in society. There are other parties, 12 such as civil society's institutions, the political forces, the 13 professional and labor unions, the universities and the 14 religious establishments. These can be addressed and asked to 15 pressure the government to halt its measures against the 16 Islamists and to bring about political reforms." 17 He stressed that Abdel Rahman "has not made a single 18 decision since 1980 without consulting his brother group 19 leaders." He pointed out, "it was the historic leaders who 20 launched their initiative and the blind Sheikh then blessed it 21 and not the other way around." Al-Zayyat went on to say that 22 every organization or group holds periodic reviews of its 23 policy and assesses what had happened in the past so as to 24 determine the policies that it will follow in the future. 25 He revealed that Sheikh Karam Zuhdi, one of the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7031 4A6MSAT3 1 architects of the initiative who is in Turah Prison, has said, 2 "If the fighting proves to have failed to achieve the 3 objectives, then it must be abandoned and other means must be 4 resorted to." 5 Al-Zayyat was influential in advocating the peace 6 initiative until the decision to stop armed operations was 7 taken. He said that the group's military elements "receive 8 instructions only from the Shura Council and not from anybody 9 else." 10 Your Honor, at this time the government requests 11 permission to -- withdrawn. 12 At this time the government offers into evidence 13 Government Exhibit 2312-56 and 2312-56T. 14 THE COURT: All right. Government Exhibits 2312-56 15 and 2312-56T are received in evidence but not for the truth of 16 any of the statements in the article. 17 (Government's Exhibits 2312-56 and 2312-56T received 18 in evidence) 19 MR. MORVILLO: Your Honor, may we display Government 20 Exhibit 2312-56 to the jury. 21 THE COURT: Yes. 22 MR. MORVILLO: At the top it says untitled document, 23 page one of two, in handwriting, approved, Lynne Stewart. 24 Can you scroll through the document, Ms. Griffith. 25 Thank you. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7032 4A6MSAT3 1 Your Honor, may I now publish Government 2 Exhibit 2312-56T to the jury. 3 THE COURT: Yes. 4 MR. MORVILLO: Handwritten English, approved Lynne 5 Stewart. Asharq Al-Awsat. Omar Abdel Rahman calls upon his 6 followers to remain silent. He emphasizes that he had 7 withdrawn his support, not the abolishment for the initiative 8 to halt violence. 9 One of the Egyptian Islamic Group leaders, "we are 10 waiting for a message from the Group's leader to determine the 11 final situation regarding the conflicting statements. 12 London: Muhammad Al-Shafi'i. 13 Cairo: Nabil Abu Stait. 14 Omar Abdel Rahman, the spiritual leader of the 15 "Islamic Group," the largest radical group in Egypt, renewed 16 his withdrawal for the support of the initiative to halt the 17 violence which was declared two years ago by the historical 18 leaders of the group who are serving their sentences in the 19 case of the assassination of al-Sadat, the former president at 20 Turah prison in Cairo. Its followers still abide by it. He 21 said that he did not abolish the initiative but he withdrew his 22 support for it. He called on his followers to remain silent 23 and to "fear God in what they say." 24 Abdel Rahman, in a statement signed by him and 25 received by Asharq Al-Awsat yesterday, said that he requested SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7033 4A6MSAT3 1 to have his statements published through his American lawyer, 2 Lynne Stewart. Some of the radicals have doubts that this was 3 issued by him. 4 Abdel Rahman is serving a life sentence in the USA at 5 Rochester prison in Minnesota after his conviction in 1995 for 6 conspiracy to blow up the landmarks in New York. Abdel Rahman 7 declared that his lawyer since 1994 was present at his trial 8 from the beginning to the end. She made every conceivable 9 effort to defend him and any statements she announces, he 10 considers them true statements passed from him. 11 Yesterday Stewart conveyed his statement: "I did not 12 abolish the initiative, but I withdrew my support for it and I 13 expressed my opinion. And I left the matter to my brethren to 14 assess its advantage." 15 Abdel Rahman said, "all the statements which were 16 attributed to me, through my lawyer, Lynne Stewart, are true 17 and they truly were issued by me." 18 Last week Abdel Rahman indicated in his statements 19 that the initiative did not develop any positive results in 20 favor of the fundamentalists. He said that no improvements 21 took place, thousands of prisoners are still incarcerated, the 22 military courts are still active and the executions are still 23 taking place. 24 Abdel Rahman emphasized that he entrusts his legal 25 assistant, Ahmed Abdel Sattar, with the statements attributed SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7034 4A6MSAT3 1 to him. He said that he gave him a power of attorney and 2 recommended him to give advice to his children, to ship his 3 body after his death and pay his debts. He added that those 4 among the Islamists who accused him, Ahmed Abdel Sattar, of 5 being a traitor should fear God and should not cast their words 6 haphazardly. After he declared his position for the second 7 time, he advised his brethren, leaders of "the Islamic Group," 8 to remain silent and fear God in what they say. 9 From his side Muntasir Al-Zayyat, the fundamentalists' 10 lawyer in Egypt, announced that he abides by what Abdel Rahman 11 said; that it is important to close the door of discussing that 12 subject and refuse to make any comments on the contradictory 13 statements for the historical leaders of the group and with 14 what Abdel Rahman declared. In 1997 the Islamic Group 15 announced the unilateral ceasefire. 16 On the other side, Abdullah, Abdel Rahman's son, a 17 graduate of the Foundation of Islamic Religion College in 18 Cairo, indicated through a telephone call from "Asharq 19 Al-Awsat" that his father's decision does mean that he 20 abolished the initiative to halt violence but he left the door 21 open to the group's Shura Council to make the appropriate 22 decision on what they find compatible. 23 The fundamentalists in Egypt and abroad said that 24 Abdel Rahman's views (61 years old) enjoy special respect among 25 his followers. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7035 4A6MSAT3 1 The historical leaders, the prisoners in Turah prison, 2 in their statement which had been issued last Thursday, denied 3 that they received information indicating that the blind Sheikh 4 withdrew his support for the halt of violence. They confirmed 5 that they received a message from Abdel Rahman, through 6 Muntasir Al-Zayyat, the fundamentalists' lawyer, confirming his 7 approval to what they agree upon in the interest of Islam and 8 the Muslims. 9 Stewart said that Abdel Rahman is in solitary 10 confinement, contrary to what the American and Egyptian 11 authorities say. He is not receiving good treatment. The 12 Abdel Rahman defense committee said that they visit him only 13 once every several months but they get in touch with him by the 14 telephone once or twice a week. He can call his wife only once 15 a month. She added that he is in solitary confinement but he 16 has strong faith. She indicated that the prison's 17 administration might deprive her from visiting him because of 18 the statements she made. 19 Abdel Rahman was tried two times in Egypt in the early 20 '80s but he was acquitted in both trials for insufficient 21 evidence. This happened in 1990 before his departure to the 22 United States through the Sudan. 23 A report issued by the American State Department last 24 February (Shabat) stated that there are 12,000 political 25 prisoners in Egypt. No charges have been directed against them SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7036 4A6MSAT3 1 and no one went through trial. A local human rights group 2 stated that number might reach 15,000. The Interior Ministry 3 in Egypt declared that it released 5,000 prisoners during the 4 past three years, but some fundamentalists and activists said 5 the number is much less than the number which was officially 6 announced. 7 Since 1992 the military courts as well as the state 8 security courts sentenced 95 fundamentalists to death and 72 of 9 them were executed. The contradictory statements of the 10 group's leaders, which renews the split along the line of the 11 Islamic Group's leaders inside who call for the halt of 12 violence against the government, and the leaders abroad, who 13 adopted a direction more severe, as the observers can see it. 14 From his side one of the founders of the "Islamic 15 Group" and a historical leader who was released (from prison) 16 in Egypt, Salah Hashim refused to acknowledge that the 17 spiritual leader of the Group, Omar Abdel Rahman, intended to 18 direct a message to the members of the group to rescind the 19 initiative of halting the violence. He described Omar Abdel 20 Rahman's last statement as less severe than the statement of 21 his (female) lawyer. He (Abdel Rahman) expressed his personal 22 view of the withdrawal of the initiative and he left the 23 Group's leaders free to make their decision according to the 24 circumstances they are surrounded with. He pointed out that 25 the lawyer's statements were understood as an invitation to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7037 4A6MSAT3 1 from him to the leaders of the group to rescind the initiative, 2 and this is not what the Sheikh meant. 3 Hashim informed Asharq Al-Awsat that he and the 4 leaders of the group in Egypt are waiting today or tomorrow for 5 a message from the leader of the Group, Omar Abdel Rahman, 6 through his paralegal, Ahmed Abdel Sattar, to confirm or negate 7 what was issued by Omar Abdel Rahman and to decide the final 8 situation, how to deal with the ongoing events and with 9 conflicting statements coming from different directions. 10 Although Hashim denied the existence of division among 11 his group and emphasized that the statement of Omar Abdel 12 Rahman to rescind the initiative could meet a response by some 13 members of the group who have the same view. But he said, "I 14 don't believe that many people took that stand and we expect 15 Sheikh Omar to receive the information which we sent in full. 16 And I believe that he will reconsider his position after he 17 reads our evaluation of the current situation." 18 He denied that the irritability which the "Islamic 19 Group" is going through at the present time and the arguments 20 about the withdrawal of the initiative to halt the violence 21 passed three years ago next month, carries a hidden threat to 22 the Egyptian government to push it to comply with it. He 23 pointed out that the initiative was unilaterally issued, 24 without having an agreement with anyone. Therefore, the 25 situation should not be based on a party who is not a partner SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7038 4A6MSAT3 1 in the agreement. He explained that the government's 2 compliance with the initiative was weak and did not appease the 3 Group. At the same time it was fruitful and this should be 4 recognized. 5 Your Honor, at this time the government offers into 6 evidence Government Exhibit 2312-58 and 2312-58T. 7 THE COURT: All right. Government Exhibits 2312-58 8 and 2312-58T are received in evidence but not for the truth of 9 any statements in the article. 10 (Government's Exhibits 2312-58 and 2312-58T received 11 in evidence) 12 MR. MORVILLO: Your Honor, may we publish Government 13 Exhibit 2312-58 to the jury. 14 THE COURT: Yes. 15 MR. MORVILLO: At the bottom in English in 16 handwriting, approved by Lynne Stewart, 2000, and then some -- 17 what appears to be Arabic writing. 18 And I'll read and publish to the jury Government 19 Exhibit 2312-58T, your Honor. 20 THE COURT: Yes. 21 MR. MORVILLO: Brackets, handwritten English, approved 22 by Lynne Stewart. "A light sentence" fo four members of "the 23 Islamic Group." 24 A statement by Omar Abdel Rahman defining his position 25 on the peace initiative is imminent. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7039 4A6MSAT3 1 Cairo, Muhammad Salah. 2 "Islamic Group" leader Dr. Omar Abdel Rahman, who is 3 serving a life sentence in an American prison, is expected to 4 issue a statement stating clearly his position on the peace 5 initiative launched in July 1997 by the organization's historic 6 leaders who are serving prison sentences for their involvement 7 in the assassination of former President Anwar al-Sadat. 8 Islamist sources said the anticipated statement was 9 prescribed by the confusion resulting from the announcement 10 last week by attorney Lynne Stewart that her client, Abdel 11 Rahman, had withdrawn his support for the peace initiative on 12 the grounds that "it achieved nothing but division" and because 13 the government "did not change its policies towards the 14 Islamists." 15 The attorney's remarks caused fierce debate amongst 16 those close to Abdel Rahman. The imprisoned leaders issued a 17 statement last Thursday denying that they had received anything 18 to suggest the blind Sheikh had withdrawn his support for the 19 initiative. They confirmed that they had received a letter 20 from Abdel Rahman through attorney Muntasir Al-Zayyat which was 21 addressed to them and in which the Sheikh affirmed his support 22 for what they agreed on "in the interests of the group and of 23 Muslims." they declared their commitment to the initiative and 24 to continuing the organization's peaceful approach. 25 Rifa'i Ahmad Taha, a leader of the group who has SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7040 4A6MSAT3 1 radical views, has made statements in which he declared that 2 the group is about to change its policies and is studying 3 nullifying the truce on the instructions of Abdel Rahman, 4 ignoring the statement by the imprisoned leaders who represent 5 the majority of the members of the Group's highest authority, 6 the Consultative Council. 7 These developments compelled attorney Al-Zayyat to 8 hold a press conference on Monday evening in which he said 9 Taha's remarks are his own personal view and that they do not 10 represent the Group's position. He indicated Taha had left the 11 position of the Consultative Council leader, a post now 12 occupied by Mustafa Hamza, adding that Abdel Rahman had asked 13 the imprisoned leaders to evaluate and re-examine the 14 initiative, not void it. 15 The furor over Abdel Rahman's position and that of the 16 organization's on the peace initiative has overshadowed a 17 sentence issued two days ago by the State Security Supreme 18 Court in Asyut in the case against four members of the Group's 19 military wing. The facts of the case go back to four years ago 20 and the sentence was light, since the court sentenced the four 21 defendants to five years in jail. The individuals concerned 22 were Ahmad Abdul Tawwab Abdul Hamid, Khalid Abdul Fattah, Badr 23 Rabi' 'Ali Sayyid and Atif Nusir Othman. 24 The Court convicted them only on the charge of 25 "belonging to a secret organization whose objective is to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7041 4A6MSAT3 1 overthrow the system of government by force." It dismissed the 2 other charges of murder, attempted murder and engaging in 3 terrorism. 4 The court, presided over by counselor Bakri Abdullah 5 together with member counselors Lutfi Salman and Helmi Abdul 6 Azim, convened the session in order to pronounce the sentence 7 in the case involving events that took place in Dayrut, Asyut. 8 The judge said "the evidence submitted by the Attorney General 9 to convict the defendants is not sufficient to prove the 10 charges against them that relate to murder and terrorism." He 11 pointed that "none of the prosecution's witnesses said they 12 actually saw any of the defendants committing any of the crimes 13 attributed to them, whether they relate to murder, attempted 14 murder or sabotage." 15 According to Egyptian law, the period the defendants 16 have spent under arrest in connection with the same case will 17 count as time served and the four defendants will therefore 18 spend only a year in prison to serve the sentence that has been 19 issued against them in the case. 20 Your Honor, at this time I'm going to offer into 21 evidence a series of exhibits and request to publish them one 22 after the other, and I'm going to start with Government 23 Exhibit 2312-67 and 68. 24 THE COURT: All right. 25 MR. MORVILLO: 2312-60, 2312-48. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7042 4A6MSAT3 1 THE COURT: Do you want to -- do you want rulings 2 or -- 3 MR. MORVILLO: There's only one more and then you can 4 rule on all of them at once or -- 5 THE COURT: No, let's -- 6 MR. MORVILLO: I'll go one at a time. 2312-67 and 68, 7 your Honor. 8 THE COURT: Government Exhibits 2312-67 and 2312-68 9 are admitted in evidence. 10 (Government's Exhibits 2312-67 and 2312-68 received in 11 evidence) 12 MR. MORVILLO: Your Honor, I would also offer at this 13 time Government Exhibit 2312-60. 14 THE COURT: All right. Government Exhibit 2312-60 is 15 received in evidence. 16 (Government's Exhibit 2312-60 received in evidence) 17 MR. MORVILLO: And I would also offer 2312-48 and 18 2312-48T. 19 THE COURT: All right. Government Exhibit 2312-48 and 20 2312-48T are received in evidence but not for the truth of any 21 of the statements in the articles. 22 (Government's Exhibits 2312-48 and 2312-48T received 23 in evidence) 24 THE COURT: There was also 2312-48T? 25 MR. MORVILLO: Yes, your Honor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7043 4A6MSAT3 1 THE COURT: All right. 2312-48T is received in 2 evidence but not for the truth of any of the statements in the 3 article. 4 MR. MORVILLO: Actually, your Honor, as a stipulation 5 that I'm about to read will make clear, 2312-48T is actually 6 two separate exhibits, 2312-48AT and 2312-48BT. And I would 7 offer both of those at this time. 8 THE COURT: All right. 2312-48AT and 2312-48BT are 9 received in evidence but not for the truth of any of the 10 statements in the article. 11 (Government's Exhibits 2312-48AT and 2312-48BT 12 received in evidence) 13 MR. MORVILLO: Your Honor, I'd like to read a 14 stipulation, Government Exhibit 2400S. 15 THE COURT: All right. 16 MR. MORVILLO: And while I'm doing that, I'd like to 17 display some of these exhibits starting with 2312-67 and 68. 18 Paragraph nine of Government Exhibit 2400S reads as follows: 19 Government Exhibits 2312-67 and 2312-68 are three 20 handwritten pages of notes dated "Tuesday, June 20, 2000" in 21 Arabic at the top of the first page. The notes contained five 22 enumerated points that are virtually identical to the five 23 enumerated points contained on the handwritten portion of 24 Government Exhibit 2023 for which Government Exhibit 2023T 25 contains a true and accurate translation. And at the top of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7044 4A6MSAT3 1 Government Exhibit 2312-67, the words Lynne Stewart is written, 2 and then also in English, legal tapes didn't receive. 3 About halfway down, Lynne Stewart and an arrow, write 4 it down then translate to me. To Lynne Stewart and approved by 5 Lynne Stewart. 6 And beginning on the right-hand side are numbers one 7 and two followed by Arabic writing, or what appears to be 8 Arabic writing. 9 On the back side in the right-hand margin, the numbers 10 three and four and more Arabic, or apparently Arabic, writing. 11 And Government Exhibit 2312-68, number five is 12 circled. And then again at the bottom it says, approved by 13 Lynne Stewart and the word "paralegal." And then Arabic 14 writing underneath. 15 Your Honor, may I now publish Government 16 Exhibit 2312-60 in evidence to the jury. 17 THE COURT: All right. 18 MR. MORVILLO: At the bottom of the page there's a 19 date, 2000/6/20, and in handwriting, approved by Lynne Stewart. 20 And in the right-hand margin of the printed document 21 are the numbers one, two, three, four and five, followed by 22 Arabic, or apparently Arabic, writing. 23 And I'd like to read from Government Exhibit 2400S, 24 paragraph ten. 25 Government Exhibit 2312-60 is a document in the Arabic SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7045 4A6MSAT3 1 language containing five enumerated points. Those five 2 enumerated points are also contained word for word in 3 Government Exhibit 2312-48, which is translated as Government 4 Exhibit 2312-48BT. Specifically, the five points contained in 5 Government Exhibit 2312-60 are truly and accurately translated 6 in Government Exhibit 2312-48BT following the sentences, "Abdel 7 Rahman's latest position is set out in a statement, a copy of 8 which has been obtained by Al-Hayat in Cairo. It contains the 9 following five points." 10 May I now display Government Exhibit 2312-48 to the 11 jury, your Honor. 12 THE COURT: Yes. 13 MR. MORVILLO: At the top of Government 14 Exhibit 2312-48, handwriting approved by Lynne Stewart, and 15 again, approved by Lynne Stewart. 16 Your Honor, I would request permission to read 17 paragraph 11 from Government Exhibit 2400S already in evidence. 18 Government Exhibit 2312-48 consists of two Arabic 19 language newspaper articles in three sections that were found 20 clipped and stapled together. Government Exhibit 2312-48AT is 21 a translation of the two smaller sections and constitute one 22 article. 23 Government Exhibit 2312-48BT is a translation of the 24 larger section and constitutes the other article. 25 Your Honor, may I now read and publish to the jury SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7046 4A6MSAT3 1 Government Exhibit 2312-48AT. 2 THE COURT: Yes. 3 MR. MORVILLO: 4 Brackets, handwritten English, approved by Lynne 5 Stewart. Al-Hayat newspaper, Friday, June 23rd, 2000. 6 A request from the Group to close the file and to 7 maintain silence. Omar Abdel Rahman pleases all sides. I did 8 not cancel the peace initiative. I only withdrew my support. 9 Cairo, Mohammed Salah. 10 The leader of the "Islamic Group" Dr. Omar Abdel 11 Rahman, who is serving a life sentence in one of the US jails, 12 put an end to the dispute which erupted last week regarding his 13 position toward the peace initiative. The initiative was 14 launched in July of 1997 by the historical leaders of the 15 organization who are serving jail sentences for the 16 assassination of the late President Anwar al-Sadat. 17 Omar Abdel Rahman was able to end the feud in a way 18 that would please all involved parties. He denied that he 19 cancelled the initiative, yet he clarified he withdrew his 20 support and that he left it all to his brothers, the Group 21 leaders, to review since "they are more aware of the reality of 22 matters for they are living it." 23 Lynne Stewart, the American lawyer of the blind 24 Sheikh, told "Al-Hayat" correspondent in Cairo about a report 25 dictated to her by Omar Abdel Rahman in a phone conversation SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7047 4A6MSAT3 1 between them this past Tuesday. This report came after she 2 read to him the reaction of his "report," which was published 3 by Al-Hayat last week, and in which he announced that he no 4 longer supported the initiative. In his latest report the 5 Sheikh seems tentative to avoid any of the parties to feel 6 neither victorious nor defeated. 7 The "group" witnesses severe oppositions between the 8 two sides. The first represents the majority of the imprisoned 9 leaders, Mustafa Hamza, who is in charge of the Group shura 10 committee, and the committee members, who are all in favor of 11 the peace initiative. They were also behind the decision that 12 was issued by the organization in March of last year, which 13 consists of total cessation of armed operations inside and 14 outside Egypt. 15 The other side is led by the former head of the shura 16 committee, Rifa'i Ahmad Taha, who opposed the initiative at the 17 time of the launch; moreover, he refused to approve the 18 decision of the cessation of operations and he lately began to 19 make announcements instigating violence against the government. 20 Sheikh Abdel Rahman said in his letter "I have left 21 the matter to my brothers to review the initiative since they 22 are more aware of the reality of matters, for they are enduring 23 it more than I." 24 He also asked them, referring to Taha, not to refute 25 any opinion issued within the Group, no matter how SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7048 4A6MSAT3 1 insubstantial it is. He also strongly stressed that "his sons 2 and brothers must remain silent after the release of this 3 particular report." 4 In an effort to defend the lady lawyer, Lynne Stewart, 5 he said that she did not distort his words which were supposed 6 to reach the media last week. He also indicated that the lady 7 lawyer "has been involved with his case since 1994 and she did 8 her best to defend me and she still is doing so." 9 He commented on his son Abdullah's latest announcement 10 that his father would have never changed his position toward 11 the initiative, saying, "no, perhaps my son did not know that." 12 It was also noted that he defended his paralegal's position, 13 Mr. Ahmed Abdel Sattar, especially after he was accused by the 14 imprisoned leaders in a communique issued last Thursday that he 15 was the one who leaked the letter sent to him by Abdel Rahman. 16 A different communique was issues by an unknown 17 organization which accused Abdel Sattar of being an American 18 agent. The Sheikh said "those who accused him of espionage 19 should fear God, to watch what they are saying and to verify 20 their publications before making an announcement." 21 Your Honor, may I now publish and read to the jury 22 Government Exhibit 2312-48BT. 23 THE COURT: All right. 24 MR. MORVILLO: Brackets, handwritten English, approved 25 by Lynne Stewart, Al-Hayat in Arabic, 23 June 00, P6. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7049 4A6MSAT3 1 Leader of the Egyptian "Group" clarifies his position: 2 "I withdraw my support for the peace initiative but not 3 cancelling it." 4 The Islamic Group leader Dr. Omar Abdel Rahman said 5 that he didn't issue a decision to cancel the peace initiative 6 launched by the organization's historic leaders in July 1997 7 that led to a decision issued by the Group in March of last 8 year to halt all military operations inside and outside Egypt. 9 He indicated that he had withdrawn his support for the 10 initiative and had left it to his brothers to examine the 11 initiative and its benefits "since they are more aware of their 12 present conditions." He pointed out that he requested them 13 "not to underrate the Group's opinion regardless of how small 14 the Group is" in reference to the hard line leader Rifa'i Ahmad 15 Taha, who is opposing the organization's current peaceful 16 direction. 17 Cairo, Muhammad Salah. 18 Dr. Omar Abdel Rahman, who is serving a life sentence 19 in a US jail, put an end to a dispute that lasted for almost a 20 week over his position on the peace initiative launched by the 21 Group's historic leaders who are serving jail terms for the 22 assassination of late President Anwar al-Sadat. He announced 23 that he had not abandoned the initiative but had merely 24 withdrawn his support for it and left the matter to be settled 25 by the Group's leaders. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7050 4A6MSAT3 1 The blind Sheikh defended his US attorney, Lynne 2 Stewart, who last week issued a press release that confirmed 3 his withdrawal of the support of the initiative. Abdel Rahman 4 also defended his legal aid, Ahmed Abdel Sattar, who lives in 5 New York, against any implicit allegations that he had leaked 6 the content of a letter from the Sheikh to the imprisoned 7 leaders. 8 Abdel Rahman also asked the Group's leaders "not to 9 expropriate any opinion, regardless how small the group that 10 espouse it." This is in reference to a group led by Rifa'i 11 Ahmad Taha, who opposes the organization's peaceful approach 12 sponsored by the jailed leaders and their colleagues living 13 abroad who are members of the Group's Consulting Council, its 14 highest authority, and chaired by Mustafa Hamza. 15 Abdel Rahman's latest position is set out in a 16 statement, a copy of which has been obtained by Al-Hayat in 17 Cairo. It contains the following five points: 18 All the statements attributed to me and was issued 19 through my attorney, Lynne Stewart, are correct and, in fact, 20 came from me. Lynne Stewart has been my attorney since 1994 21 and has handled my case from the beginning to the end. She has 22 spared no effort to defend me and she continues to do so. Any 23 statements she makes should be considered as coming from me. 24 Perhaps when my son (Abdullah) said what he did in a statement 25 (...) he was not aware of this fact. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7051 4A6MSAT3 1 I attest that Ahmed Abdel Sattar is a Muslim brother 2 who worked with me on the case for many years as an official 3 legal assistant, and I trust him with all my affairs. I 4 granted him an official power of attorney entrusting him to 5 advise my children, repatriate my body and settle my debts. I 6 swear by God that he speaks only the truth. Those who accused 7 him of being an agent must fear God and should not make blind 8 remarks and carefully examine their statements before they 9 issue them. 10 Everything I was quoted saying in response to Sameh 11 Darrar, the Egyptian diplomat, is true. It is not right to say 12 he made these remarks in his personal capacity and not in his 13 governmental capacity. These are groundless statements. His 14 personal capacity should involve his domestic and family 15 affairs and not those relating to public life. 16 Despite the fact that the Egyptian government is 17 heedless in its holding of detainees, murdering of innocents, 18 random imprisonment, raiding of homes and other such barbaric 19 crimes, I have not cancelled the initiative but I have 20 withdrawn my support for it. I have made my position clear and 21 left it to my brothers to consider the initiative and its 22 benefits since they are better acquainted with the situation 23 than I am. They are the ones who are living it. 24 I also asked them not to discount the views of any 25 group no matter how small the group is, as is the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7052 4A6MSAT3 1 organization's policy since it was founded. 2 Having made my position abundantly clear and 3 unambiguous, I am asking my brothers and my sons to remain 4 silent, now that may statement is issued, and fear God in what 5 they say. 6 Stewart advised that the blind Sheikh had dictated to 7 her the new statement during a telephone conversation between 8 them last Tuesday. Commenting on the statement, Abdel Sattar 9 commended Abdel Rahman and his positions which express the 10 "spirit of Islam and the Islamic law." He described his 11 defense of him as "a testimony that I will carry with me for 12 the rest of my life." He refused to discuss the circumstances 13 surrounding the crisis and said "since the Sheikh requested 14 silence, then everyone must comply." 15 Abdel Rahman's latest statement was much clearer than 16 the previous one, to which the reactions from the supporters 17 and opponents of the peace initiative caused a crisis. The 18 crisis was exacerbated by the discrepancy between the first 19 statement and a message sent from the Sheikh to jailed leaders 20 through attorney Muntasir Al-Zayyat, which contained no clear 21 indication that Abdel Rahman had withdrawn his support for the 22 initiative. The message contained fierce criticism of the 23 former Egyptian consul in New York, Sameh Darrar, in response 24 to what he said during a radio interview in which he denied the 25 US authorities had been mistreating the blind Sheikh. The SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7053 4A6MSAT3 1 latter's comments on the issue appeared in a new statement in 2 response to the jailed's leaders's statement that Darrar 3 represented only himself and that his view was at odds with 4 that of the Egyptian government. 5 Attorney Al-Zayyat said the latest development does 6 not constitute "a defeat for the peaceful tendency within the 7 group". He told Al-Hayat that the Sheikh's assurance that he 8 left the matter of considering the future of the peace 9 initiative to his brothers in the group's leadership is 10 "evidence of the truth of the jailed leaders' assertion that 11 their Sheikh supports them in whatever they deem to be in the 12 Group's benefit." 13 He denied that any leading "Islamic group" personality 14 or anyone close to had harmed either Attorney Stewart or Abdel 15 Sattar. He added "a distinction needs to be made between two 16 issues: The first is the press release made by the attorney 17 (Stewart) last week, which contained a reference to the 18 Sheikh's withdrawal of support of the initiative and his letter 19 to the jailed leaders which contained no such reference." 20 He continued, "Abdel Sattar is highly regarded for the 21 role he has played over the years alongside the Sheikh and none 22 of the Sheikh's children can fault him." He concluded by 23 saying "if the Sheikh requested everyone to remain silent, it 24 is incumbent on all to respect his wishes. 25 Islamic Group founder, Engineer Salah Hashem, who is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7054 4A6MSAT3 1 seen as one of the peace initiative's greatest advocates, 2 expressed his hope that Abdel Rahman will change his position 3 about the initiative after he receives new information on the 4 "positive results" it has achieved. He said he sent the Sheikh 5 a "comprehensive assessment" of the initiative. And the jailed 6 leaders have also sent him a letter covering in great details 7 all the positive results achieved by the initiative. 8 Your Honor, at this time I would offer into evidence 9 Government Exhibit 2312-53 and 2312-53T. 10 THE COURT: All right. Government Exhibit 2312-53 and 11 2312-53T received in evidence but not for the truth of any of 12 the statements in the letter. 13 (Government's Exhibits 2312-53 and 2312-53T received 14 in evidence) 15 THE COURT: All right. 16 MR. MORVILLO: Your Honor, may I publish Government 17 Exhibit 2312-53 to the jury. 18 THE COURT: Yes. 19 MR. MORVILLO: At the top, 20 June 00 1453, approved, 20 Lynne Stewart, to meet Friday at 6/23/00. 21 Your Honor, at this time I would request permission to 22 publish to the jury Government Exhibit 2312-53T. 23 THE COURT: Yes. 24 MR. MORVILLO: I'm not going to -- I'm not planning on 25 reading it to the jury, I'm just going to publish it. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7055 4A6MSAT3 1 THE COURT: All right. 2 MR. MORVILLO: Your Honor, at this time I would offer 3 into evidence Government Exhibit 2312-54 and 2312-54T. 4 THE COURT: All right. Government Exhibits 2312-54 5 and 2312-54T received in evidence but not for the truth of any 6 of the statements in the letter. 7 (Government's Exhibits 2312-54 and 2312-54T received 8 in evidence) 9 MR. MORVILLO: Fax line across the top is 20 June 00 10 1453, in handwriting, approved by Lynne Stewart, to read Friday 11 6-23-00. 12 Your Honor, may I also publish to the jury Government 13 Exhibit 2312-54T. 14 THE COURT: Yes. 15 (Continued on next page) 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7056 4A6MSAT5 1 MR. MORVILLO: Your Honor, did you want to take the 2 afternoon break at this point? 3 THE COURT: We can take a break. 4 Ladies and gentlemen, we will break for about 10 5 minutes. Please remember my continuing instructions not to 6 talk about the case at all. Remember to keep an open mind 7 until you have heard all of the evidence. Have a good break. 8 See you shortly. 9 All rise, please. Please follow Mr. Fletcher to the 10 jury room. 11 (Jury not present) 12 THE COURT: See you shortly. 13 (Recess) 14 MR. BARKOW: Your Honor, we just wanted to inform the 15 Court and the parties that when Mr. Morvillo is done presenting 16 this evidence, which we think will take about 35 minutes, but 17 we don't know for sure, we estimate that we have about 45 18 minutes left of evidence. And I don't know -- given what time 19 Mr. Morvillo may end, at that point, the Court may or may not 20 want to ask the jury if it wants to stay or no. But we have 21 about 45 minutes left after Mr. Morvillo ends. 22 THE COURT: We can only sit tomorrow until 1:00 in any 23 event. And so estimates are usually not very predictable. I'm 24 not going to put it to a vote. So it sounds as though Mr. 25 Morvillo will come close to filling the day and we will meet SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7057 4A6MSAT5 1 tomorrow. 2 Anyone else want to be heard on that? I don't see a 3 ready alternative to that. 4 MR. RUHNKE: Your Honor, if there was any chance of 5 the government actually resting this afternoon and it could be 6 done realistic within an hour or so -- 7 THE COURT: There is disagreement at your table over 8 that. 9 MR. TIGAR: I'm sorry. Point of personal privilege. 10 If you need a detail, I'll be heard at side bar. 11 THE COURT: I really don't. I think it makes more 12 sense to come back tomorrow. 13 MR. PAUL: I do assume that you will take up Rule 29 14 issues at that time when they venture to close, whenever that 15 is tomorrow? 16 THE COURT: Yes. 17 Let's bring in the jury. 18 (Jury present) 19 THE COURT: Mr. Morvillo. 20 MR. MORVILLO: Thank you, your Honor. 21 Your Honor, at this time the government offers into 22 evidence Government Exhibit 2313-6. 23 THE COURT: All right. Ladies and gentlemen, this 24 exhibit is introduced solely against Mr. Yousry and 25 Ms. Stewart. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7058 4A6MSAT5 1 (Government's Exhibit 2313-6 received in evidence) 2 MR. MORVILLO: Your Honor, as per prior agreement with 3 counsel, may I read paragraph TA, subsection 4 of Government 4 Exhibit 2300S? 5 THE COURT: Yes. 6 MR. MORVILLO: Paragraph 4. Government exhibits in 7 the 2313 series were found among loose papers. 8 May I publish Government Exhibit 2313-6 to the jury? 9 THE COURT: Yes. 10 MR. MORVILLO: Law offices of Lynne F. Stewart, 351 11 Broadway, suite 300, New York, New York 10013. 212-625-9696. 12 212-625-3939 fax. Date, 8/28/00. Pages to follow, 15. To 13 Yousry, 718 crossed out 396-1418, and written 429-9547. Abdeen 14 Jabara from Lynne F. Stewart Esq. At the bottom says: If you 15 do not receive all these pages, please call Tanya. At the 16 bottom, fax line from Lynne Stewart, ESQ, fax No. 212-625-3939, 17 AUG 20, 2000, 4:19 p.m. P1. This is August 3, 2000 letter to 18 Lynne Stewart, Esq., 351 Broadway, Third Floor, New York, New 19 York 10014. RE: Omar Abdel Rahman. I am not going to read 20 the letter: It is signed Patrick J. Fitzgerald, chief 21 organized crime terrorism unit, 212-637-1045. 22 Your Honor, the government now offers into evidence 23 Government Exhibit 2313-8. 24 THE COURT: All right. Government Exhibit 2313-8 is 25 received in evidence. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7059 4A6MSAT5 1 (Government's Exhibit 2313-8 received in evidence) 2 THE COURT: Ladies and gentlemen, the attached letter 3 by Mr. Fitzgerald and the enclosures are not offered for the 4 truth of any of the matters asserted in those documents. 5 MR. MORVILLO: May I publish the exhibit to the jury, 6 your Honor? 7 THE COURT: Yes. 8 MR. MORVILLO: Your Honor, the government now offers 9 into evidence Government Exhibit 2312-21 into evidence. 10 THE COURT: Government Exhibit 2312-21 is received in 11 evidence. 12 (Government's Exhibit 2312-21 received in evidence) 13 MR. MORVILLO: May I publish it to the jury? 14 THE COURT: Yes. 15 MR. MORVILLO: Fax line reads from Lynne Stewart, Esq. 16 Fax No. 212-625-3939. SEP 07 2000, 5:40 p.m. Law offices of 17 Lynne Stewart. To Ahmed Sattar and Mohammed Yousry. 18 Your Honor, the second page also has an exhibit 19 number. I offer it into evidence, 2312-22. It is actually 20 part of 2312-21, your Honor. The same limiting instruction 21 would apply. 22 Your Honor, I'm sorry. There is no limiting 23 instruction to it. It is a separate page, but it has a 24 separate exhibit number. But it is the same document. 25 THE COURT: 2312-22 is received in evidence. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7060 4A6MSAT5 1 (Government's Exhibit 2312-22 received in evidence) 2 MR. MORVILLO: United States Department of Justice, 3 Federal Bureau of Prisons, Federal Medical Center, September 5, 4 2000, Lynne F. Stewart, attorney at law, 351 Broadway, Third 5 Floor, New York, New York 10013. RE: Omar Abdel Rahman. 6 Federal register No. 34892-054. 7 Dear Ms. Stewart: 8 This is in response to your request to have a legal 9 visit with Omar Abdel Rahman on September 15, and September 16, 10 2000. You also request that your interpreter, Mohammed Yousry, 11 be authorized to accompany you during the visit. 12 I have approved your request for a legal visit with 13 Mr. Rahman. Accordingly, you and Mr. Yousry are authorized to 14 visit with Mr. Rahman on September 15 and 16, 2000. For your 15 general information, you may be processed into the institution 16 at 8:30 a.m. on both days, and the visits may last until 3 p.m. 17 on both days. Sincerely, Constance Reese, warden. 18 Your Honor, the government now offers into evidence 19 Government Exhibit 2313-3. 20 THE COURT: Government Exhibit 2313-3 is admitted in 21 evidence solely against Mr. Yousry and Ms. Stewart. 22 (Government's Exhibit 2313-3 received in evidence) 23 MR. MORVILLO: Fax line at top, from Lynne Stewart, 24 Esq., fax No. 212-625-3939, SEP 14, 2000, 11:10 a.m., P1. U.S. 25 Department of Justice, Federal Bureau of Prisons. Federal SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7061 4A6MSAT5 1 Medical Center. September 11, 2000. Lynne Stewart, attorney 2 at law, 351 Broadway, Third Floor, New York, New York 10014. 3 RE, Omar Abdel Rahman. Register No. 34892-054. 4 Dear Ms. Stewart: 5 After a recent legal visit at Federal Medical Center 6 in Rochester, Minnesota, you made statements to the press that 7 violated the Special Administrative Measures imposed upon Omar 8 Abdel Rahman. I am informed that as a result of your actions, 9 the United States Attorney for the Southern District of New 10 York requested that you execute an amended affirmation before 11 any future legal visits are approved. I understand that as of 12 today, September 11, 2000, you have not yet executed the 13 amended affirmation. Accordingly, I am rescinding my previous 14 approval of your legal visit with Omar Abdel Rahman scheduled 15 for September 15 and 16, 2000. 16 Consideration for future legal visits will be given 17 after you have executed the required amended affirmation. 18 Sincerely, Constance Reese, warden. CC: Pat 19 Fitzgerald, AUSA, file. 20 Your Honor, at this time the government offers into 21 evidence Government Exhibit 2422-1. 22 THE COURT: All right. Ladies and gentlemen, 23 Government Exhibit 2422-1 is received in evidence. The exhibit 24 is received only against Mr. Yousry and it is not received for 25 the truth of any of the statements in the exhibit. It is being SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7062 4A6MSAT5 1 received solely with respect to the knowledge, intent, and 2 state of mind of Mr. Yousry. 3 (Government's Exhibit 2422-1 received in evidence) 4 MR. MORVILLO: Your Honor, may I read paragraph -- 5 subparagraph 2F of Government Exhibit 2300S? 6 THE COURT: Yes. 7 MR. MORVILLO: Government Exhibit 2422-1 is from a box 8 identified by Special Agent Christine Monaco as containing 9 miscellaneous documentation found on a two-drawer dresser in 10 the office on the second floor of defendant Yousry's residence 11 at 30-51 84th Street, East Elmhurst, New York. 12 May I now publish Government Exhibit 2422-1 to the 13 jury? 14 THE COURT: Yes. 15 MR. MORVILLO: Osama Bin Laden video. In handwriting 16 on top. It is al-Zawhri, Rifa'i Ahmad Taha, unintelligible 17 word. Top right-hand banner on the wall: "They fragmented 18 their state and killed them on land, in sea, and in air." 19 Top left-hand banner on the wall: "It is a unanimous 20 decision that the captive Omar Abdel Rahman." 21 Note, control track starts with first sound. 22 Speaker 1 and in hand 23 writing, Rifa'i Taha. 00:00, behind the faces of an infidel 24 state. How can we turn a blind eye about the rightful fighter 25 who is behind bars in a tyrannical country. 00:30, in his cell SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7063 4A6MSAT5 1 his call has been silenced and stature diminished. 00:38, we 2 have a duty to fight for him until his chains are broken and he 3 is released. 01:10, we vow to God not to spare any effort 4 towards that goal. 01:19, in handwriting, it is easy to God to 5 do it. 6 01:40, speaker 2, Osama Bin Laden. Our brothers 7 behind bars in America and elsewhere as indicated i.e., our 8 brother Sheikh Omar Abdel Rahman and our brother Sayyed Nuseir 9 and our brother Muhammad bin Rashen bin Dawood al-Ohani who 10 went to carry out an operation knowing that he would never 11 return, but Allah the Almighty willed to give him a new life in 12 order for him to fend against the hue humiliation, submission, 13 and infidelity of the Holy Land, the land of mecca. 2:17, the 14 land, where Islam was revealed to our prophet Muhhamad. 2:29, 15 in America, there is our brother, Osama Mulla Haidar, who is 16 one of the three people to establish the first center for the 17 Arab Mujahedeen in Afghanistan. 2:50, the second being the 18 late Ibrahim Madani and myself, 3:05. We vow in this blessed 19 night to do our utmost to triumph our religion and set up the 20 Sharia over all Muslim lands, 3:17, and to expel all Jews and 21 Christians from the Holy Land and to seek the release of our 22 Muslim scholars from their privileges in America, Egypt and 23 Riyadh (Saudi Arabia) and all countries of Islam. 3:31. We 24 turn to Allah, the almighty, for his support. He is the 25 guardian of our quest, 3:45. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7064 4A6MSAT5 1 Speaker 3. Son of Omar Abdel Rahman (off camera) 2 3:50, our brothers everywhere, ask your governments (sic) your 3 Sheikhs (sic), your scholars (sic) your mothers, ask everyone 4 everywhere and they will tell you, believers in Allah, that 5 Allah and his prophet will protect you if you come to implement 6 their call upon you, 4:13, for Allah stands between man and his 7 heart, 4:18. Only to him you will return, 4:20. Make haste 8 and spare no effort to do your duty. Your souls are but in the 9 hands of Allah, 4:28. (On 4:28 lower banner caption, 10 "conference in support of Dr. Omar Abdel Rahman"). No force 11 upon earth can take your life before its end, not even a minute 12 or a second. Therefore, hurry up to the battlefield of Jihad, 13 and fight them face to face and seek martyrdom and sacrifice. 14 5:08, lower banner. Brother Mujahed Assadullah, son of 15 Dr. Omar Abdel Rahman. Upper banner, the release of Dr. Omar 16 Abdel Rahman is a duty on everyone who is capable to partake in 17 it. Signed, Osama Bin Laden plus question mark. 5:11, go to 18 bloodshed, go to bloodshed, go to bloodshed. 5:21. 19 5:23, who of us today will not sacrifice himself for 20 the man who was ever present for every battle for right. He 21 was always the hero and invincible leader who never retreated. 22 Dr. Omar Abdel Rahman has a right on us, he never hesitated to 23 fight for right and how can we hesitate to fight for him and to 24 work for his release, 5:51. My honorable brothers. I am not 25 here to beg your support. 5:57, lower banner: Conference in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7065 4A6MSAT5 1 support of Doctor Omar Abdel Rahman. I am here to incite you 2 to work, to embark on Jihad, 6:05. The situation now does not 3 allow for eloquent speeches. 6:09. It is my honorable 4 brothers, an irrevocable fight as all the infidels has closed 5 ranks to destroy Islam and Mujahideen, chasing them from 6 country to country amassing them in this and that prison, 7 killing them, kidnapping them. (sic) 6:26. So what are you to 8 do to face the duty towards Allah. 6:30. Chanting from off 9 camera. In God we trust, if God we trust. 10 6:39. My honorable brothers, we are talking more and 11 doing less and today is the day of great men, 6:45, ourselves 12 and all the Mujahideen to confront this tyrannical infidel 13 state which trampled our holy shrines and occupied our mosques 14 and implanted Israel in the heart of our nation, 6:56. It 15 occupied our holiest shrine (mecca) and deployed its forces in 16 Egypt, Yemen and the gulf killing our sons, humiliating our 17 scholars and defiling our holy shrines and swindling our 18 resources, 7:13. Our honorable brothers, let's act and enough 19 of words spoken. My honorable brothers we are talking too much 20 and doing less. 7:19. He who seeks death, death to him will 21 be a tolerable thing. 7:26. We did Allah the almighty to 22 grant us all a life of dignity, a life of Jihad for him, 7:34. 23 Your Honor, at this time the government offers into 24 evidence Government Exhibit 2313-2. 25 THE COURT: All right. Government Exhibit 2313-2 is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7066 4A6MSAT5 1 received in evidence. 2 (Government's Exhibit 2313-2 received in evidence) 3 THE COURT: Solely against Mr. Yousry. 4 MR. MORVILLO: Taliban says Bin Laden's threat tape 5 old. 6 Dubai, September 23, Reuters. Afghanistan's ruling 7 Taliban movement said on Saturday that taped threats by 8 Saudi-born dissident Osama Bin Laden to free a Muslim militant 9 jailed in the United States were several years old. 10 Arab media reported earlier that Bin Laden had vowed 11 in the tape broadcast on Friday to free Sheikh Omar Abdel 12 Rahman, a militant Islamic cleric sentenced to life in 1995 for 13 his role in an alleged plot to blow up New York City landmarks. 14 "I say that tape may have been recorded five or four years 15 ago." Taliban's information minister Qudratullah Jamal, told 16 Qatar's Jazeera satellite television which had broadcast the 17 videotape. 18 "He (Bin Laden) has no right to have contacts with the 19 outside world," the minister said in the live interview from 20 Kabul. 21 London-based Arabic newspapers Asharq al-Awsat and 22 al-Hayat said Bin Laden made the comments during a conference 23 by prominent Islamic militants. 24 Asharq al-Awsat said the conference took place in 25 Afghanistan where Bin Laden -- sought by the United States for SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7067 4A6MSAT5 1 allegedly masterminding the 1998 bombing of two U.S. embassies 2 in Africa that killed more than 200 people -- reportedly lives. 3 It gave no date for the gathering. 4 The papers quoted another conference participant, 5 Egypt's Islamic Jihad leader Ayman Zawahri, as calling for 6 confronting the brutal force, an apparent reference to the 7 United States. 8 One of Abdel Rahman's sons was quoted as calling for 9 Jihad, or holy war, to free his father, the blind clergyman, 10 convicted of plots to blow up the United Nations, the World 11 Trade Center, tunnels leading into New York City and other U.S. 12 landmarks. 13 Jazeerah on Friday broadcast footage it said came from 14 the meeting showing Bin Laden speaking in Arabic, followed by a 15 turbaned Zawahri and Refa'i Taha, the exiled leader of Egypt's 16 Islamic militant Gama'a group. 17 At the bottom it reads, Wednesday, September 27, 2000, 18 America online, AMJABARA, page 1. 19 Your Honor, I believe that the limiting instruction 20 that you gave was that it is only admissible against 21 Mr. Yousry. I also believe that it would be appropriate -- 22 THE COURT: It is not offered for the truth. 23 MR. MORVILLO: Yes, your Honor. 24 THE COURT: Ladies and gentlemen, Exhibit 2313-2 is 25 received only against Mr. Yousry. It is not offered for the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7068 4A6MSAT5 1 truth of any of the statements in the exhibit and it is being 2 received solely with respect to the knowledge, intent, and 3 state of mind of Mr. Yousry. 4 MR. MORVILLO: Your Honor, at this time the government 5 offers Government Exhibit 2313-4. 6 THE COURT: Government Exhibit 2313-4 is received in 7 evidence. 8 (Government's Exhibit 2313-4 received in evidence) 9 THE COURT: Ladies and gentlemen, this exhibit is 10 received solely against Mr. Yousry and Ms. Stewart. And it is 11 not offered or received for the truth of any of the printed 12 statements. 13 MR. MORVILLO: May I publish Government Exhibit 14 2313-4, your Honor? 15 THE COURT: Yes. 16 MR. MORVILLO: Law offices of Lynne Stewart, date 17 9/25/00; pages to follow, 2. To Mohammed Yousry. 718-429-9547 18 from Lynne F. Stewart. From Lynne Stewart, Esq., fax No., 19 212-625-3939. SEP 25 2000 01:58 p.m. P1. 20 Top Faxcom. NBC Mail. RE: To Lynne Stewart. 21 9/22/00 12:45:13. Read. From windram. NBC News Production 22 Systems. To fax. Modified. Windram. Timing, Bin Laden 23 threat. In handwriting on the right-hand side it said RE: 24 Sheikh Omar. 25 Qatari TV today ran an interview in which he vowed to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7069 4A6MSAT5 1 free the Blind Sheikh. Omar Abdel Rahman held in a federal 2 prison for his role in the World Trade Center bombing and other 3 prisoners. 4 Here is the Agence France Press report: 5 Dubai, September 22, AFP. Alleged terrorist 6 mastermind Osama Bin Laden vowed to free an Egyptian Islamist 7 jailed in the United States for the 1993 World Trade Center 8 bombing in a statement broadcast Friday. 9 "We promise to work with all our power to free our 10 brother, Sheikh Omar Abdel Rahman, and all our prisoners in 11 America, Egypt, and Riyadh," Bin Laden said in a video 12 recording of a meeting with a group of Islamists. 13 Qatar's satellite TV channel Al-Jazeera broadcast the 14 video without giving a date or place for that meeting, in which 15 two Egyptians condemned to death in absentia took part. 16 Bin Laden, a dagger in his belt, was flanked by the 17 Egyptians, Ayman al-Zawahiri, considered his right-hand man, 18 and Rifa'i Ahmad Taha Musa, leading figure in the armed 19 Egyptian group, Jama'ah al-Islamiya. 20 Assad Allah, son of Sheikh Abdel Rahman, who was 21 accused of ordering the bombing of the World Trade Center in 22 New York that killed six people and wounded more than 1,000, 23 was also at the meeting. 24 The Federal Bureau of Investigation (FBI) has placed a 25 five million dollar price on Bin Laden, who took refuge in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7070 4A6MSAT5 1 Afghanistan in 1996, for the bombing of two U.S. embassies in 2 East Africa in 1998. 3 Bin Laden, his beard turning white and looking thin, 4 also said one of his followers had been caught during an 5 operation in Saudi Arabia. 6 "He was arrested trying to fight injustice, atheism, 7 and shame, Bin Laden said, without revealing any details." 8 "Enough of words. It is time to take action against 9 this iniquitous and faithless force (the United States) which 10 has spread troops through Egypt, Yemen, and Saudi Arabia," said 11 al-Zawahari, who was applauded by people off camera. 12 Assad Allah thrice urged Muslims, "Forward to shed 13 blood." 14 Your Honor, the government would offer Government 15 Exhibit 2313-1. 16 THE COURT: Government Exhibit 2313-1 is received in 17 evidence, but not for the truth of any of the statements 18 contained in this newspaper article. 19 MR. MORVILLO: The government would also offer, your 20 Honor, Government Exhibit 2313-1T, translation. 21 THE COURT: 2313-1T received in evidence. Again, 22 ladies and gentlemen, not for the truth of any of the 23 statements contained in the article. 24 (Government's Exhibits 2313-1 and 2313-1T received in 25 evidence) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7071 4A6MSAT5 1 MR. MORVILLO: May I publish Government Exhibit 2 2313-1, your Honor? 3 THE COURT: Yes: 4 MR. MORVILLO: In handwriting, approved by Mr. Clark. 5 May I now publish and read to the jury Government 6 Exhibit 2313-1T? 7 THE COURT: Yes. 8 MR. DEMBER: [Handwritten English] approved by 9 Mr. Clark. Page 1 of 2. Al-Hayat in Arabic 6 October 00 page 10 5. Islamic reactions. Ali Ben Haj urging Jihad sit-ins in 11 London, Geneva, and Frankfurt. 12 Cairo, Muhammad Salah; London, Al-Hayat. 13 Dr. Omar Abdel Rahman, leader of the Islamic Group, in 14 Egypt who is serving a life sentence in the United States, 15 issued a fatwah from his prison making it the duty of Muslims 16 to kill the Zionists wherever they are. He urged Muslims, 17 especially in Palestine, Egypt, Syria, Lebanon and Jordan, to 18 fight the Jews with all the means of Jihad either by killing 19 them or targeting their interests and those who support them 20 when they have the opportunity to do so. 21 In a statement issued by Abdel Rahman he said, it 22 pained and greatly saddened me to hear from the trickle of news 23 they allow me to hear about these hideous massacres that the 24 Jews are committing against our sons and brothers in our holy 25 mosque, the first of the two Kiblas and the third of the holy SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7072 4A6MSAT5 1 shrines and in the month of Rajab, the month of prophet 2 Muhammad's ascension to the seven heavens. These Barbaric 3 actions by these monkeys and pigs are not new to them. They 4 are the killers of prophets and known to have shed blood. 5 Their ancient and modern history is a testimony to this, but 6 some of our people, speaking on our behalf, have covered their 7 eyes and closed their ears to this truth. 8 The Blind Sheikh appealed to the Moslems' scholars "to 9 issue a collective fatwah calling on the Islamic nation to the 10 necessity of fighting the Jews and killing them wherever they 11 are. This is because they have occupied our lands, desecrated 12 our holy places, killed our men and destroyed our houses. 13 Therefore, every capable Moslem must perform Jihad against 14 them. He pointed out that Moslem scholars have unanimously 15 agreed that if a pagan enemy invades a Moslem country, then its 16 people must rise to repel this enemy. If the people of this 17 country are incapable of doing this, then this becomes the duty 18 of other Moslems. He added: It has been proved conclusively 19 that our people in Palestine cannot undertake this mission 20 alone after having sacrificed and are still sacrificing tens 21 and even hundreds of martyrs. Hence, Jihad today is the duty 22 of the entire Nation of Islam until Palestine and al-Aqsa 23 Mosque are liberated and the Jews are sent to their graves or 24 the countries from where they had come. 25 Abdel Rahman's new fatwah recalled to memory the one SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7073 4A6MSAT5 1 issued in February 1998 by Usama Bin Laden in the constituent 2 statement of the world Islamic front for fighting the Jews and 3 crusaders. It mandated the Moslems to kill the Americans and 4 loot their possessions wherever they are. It is believed that 5 blowing up the U.S. Embassies in Nairobi and Dar al-Salam in 6 August 1998 was in response to this statement. 7 The Islamic Group has issued a statement titled stop 8 talking. It said stop talking and preaching to the nation of 9 Islam. Those people disbelieve our talk, every right, 10 everything that is sacred and every honor. Stop talking and 11 put the paper aside. Their words are shells and their letters 12 are bullets. Come to Jihad. The Jews are the Jews. Treachery 13 is their covenant, tyranny is their law, and evil is their 14 pursuit. He added, let their bullets be the fuse that 15 reignites the Intifadah, the blaze that dispels the dreams of 16 those begging for peace, and the roar that warns the unwary and 17 deceived, wakes the advocates of westernization and exposes the 18 traitors. 19 In London, Al-Hayat received a number of statements 20 condemning the Israeli actions in the Palestinian territories. 21 A statement by group of Moslem clerics in Britain condemned the 22 criminal Zionist onslaught on the oppressed Palestinian people 23 and the Israelis' desecration of the Jerusalem mosque. The 24 statement appealed to the clerics of Islam and the mosques' 25 imams preachers in the Moslem countries and throughout the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7074 4A6MSAT5 1 world to shoulder their lawful responsibilities of supporting 2 the Palestinian people. 3 A statement issued by a group that supports the banned 4 Algerian Islamic salvation front has quoted Ali Ben haj, the 5 organization's second in command, as saying that had he been 6 outside the prison, I would have been the first volunteer for 7 Jihad in Palestine. I would have used all possible means to 8 get there by land or sea. 9 Several Islamic and Arab groups are organizing large 10 demonstration in front of the Israeli embassy in London today. 11 Abu-Hamzah al-Masri, leader of a group that calls itself the 12 supporters of Islamic law, has sent a message to the British 13 prime minister, Tony Blair accusing his country of the 14 responsibility for the confrontations in the Palestinian 15 territories since it (England) was the one that planted this 16 malignant Zionist entity in our nation's body. He was 17 referring to Belfour's promise to give the Jews a homeland in 18 Palestine. 19 In the Iranian city of Qom, a statement issued from 20 the office of Ayatollah Mohammed Sa'id Tabataba'i al-Hakim 21 said: The grave violations of Islamic holy places in holy 22 Jerusalem and the barbaric massacres committed by the Zionist 23 occupiers reflect the degree of latent hatred that these 24 criminals harbor toward Islam and Moslems. 25 In Germany, several Islamic societies and centers in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7075 4A6MSAT5 1 Hessen province announced that they would stage a solidarity 2 march on Saturday morning in Frankfurt in support of the 3 Jerusalem Intifadah. The Bilal mosque in Aachen (Islamic 4 Center) called for devoting the Friday sermons to solidarity 5 with the Palestinians who have risen to defend al-Aqsa, and 6 called for collecting contributions for the victims' families. 7 THE COURT: Ladies and gentlemen, we will break for 8 the day. We will resume at 9:30 tomorrow morning. Let me 9 reemphasize again my continuing instructions. Please, please 10 do not talk about this case at all among yourselves or with 11 anyone when you go home. Please remember, don't look at or 12 listen to anything to do with the case. If for some reason you 13 should see or hear something inadvertently, simply turn away. 14 As I've said, you're here. You hear all of the evidence. 15 There is nothing else that can affect what you do in the case. 16 Please don't look at or listen to anything to do with the case. 17 Always remember to keep an open mind, as I've told 18 you, until you have heard all of the evidence, I have 19 instructed you on the law, and you've gone to the jury room to 20 begin your deliberations. Fairness and justice to the parties 21 requires that you do that. I remind you that we are only 22 sitting tomorrow until 1:00. Have a very good evening and I 23 look forward to seeing you tomorrow. All rise, please. 24 Please follow Mr. Fletcher to the jury room. 25 (Jury not present) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7076 4A6MSAT5 1 THE COURT: I didn't want to stop in the middle. So 2 the limiting instruction with respect to Exhibit 2313-6 was 3 that it was admitted solely against Mr. Yousry and Ms. Stewart. 4 I would think that there should be another limiting instruction 5 which says that Mr. Fitzgerald's letter and the enclosure is 6 not offered for the truth. 7 MR. MORVILLO: The government agrees, your Honor. 8 MR. RUHNKE: We agree, your Honor. 9 THE COURT: I'll say that first thing tomorrow. 10 MS. BAKER: Your Honor, very briefly. 11 With respect to scheduling, obviously, the government 12 has not rested as early in the week as we expected to rest. We 13 have had a lot of legal argument and the presenting of exhibits 14 has taken longer than we anticipated. But I just want to make 15 sure that the defense is not going to make a last-minute 16 application for an adjournment of the start of its case, 17 because Mr. Elliot cancelled the meeting that he was supposed 18 to be attending so that he could be here on Tuesday. 19 MR. STERN: I am going -- I wouldn't characterize it 20 as a last-minute application. I have spoken with all of the 21 defendants in this case and I think we all agree that although 22 we have asked you this before, we anticipate this case would 23 end Monday or Tuesday, and we had hoped to use that time to 24 prepare witnesses. 25 Speaking only for Mr. Yousry now and no one else, we SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7077 4A6MSAT5 1 have between five and 10 witnesses to prepare. And we have the 2 disadvantage there, they are not government employee who we can 3 call at any time in the day or night to meet with us. I 4 recognize that we are going second in this case, but I think 5 for things to flow smoothly, we would like to take off next 6 week. It is a three-day week. It would assure that every 7 defendant would be able to go ahead with this case what would 8 be from beginning to end, without any breaks and without any 9 breaks requested. It is most important to us maybe because the 10 number of witnesses we intend to call, but I think everyone 11 joins in the sense that for us to prepare our case -- I don't 12 say this to criticize anyone. Having lost two days that we 13 expected to have, we really do need the extra time. 14 MS. BAKER: Your Honor, we have all been in the same 15 courtroom this week. And everyone could see that it was 16 proceeding more slowly. And I told everybody at the same time 17 on Monday that Mr. Elliot had this scheduling conflict. And 18 the Court quite appropriately said no. If the defense wants to 19 have him as their first witness, fine. And Mr. Elliot 20 cancelled the FBI's participation in this meeting which was an 21 important meeting that had been scheduled for a long time 22 involving quite a number of other people so that he could come 23 here as requested by the defense and directed by the Court. 24 And in light of that, to now, at essentially the last 25 minute after that has happened, request an adjournment, the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7078 4A6MSAT5 1 government submits is inappropriate and that it should be 2 denied. 3 MR. TIGAR: Your Honor, Mr. Stern spoke about this and 4 we join that application. These extra days that have come here 5 have borne in upon us more than others. 6 With respect to Mr. Elliot, I understand that concern. 7 I also understand that today, when Ms. Shellow-Lavine 8 approached Ms. Baker about trying to reach some agreement on 9 the exhibits that we tendered, Ms. Baker quite properly said 10 that she needed more time to talk to the FBI about what the 11 government's position would be there. 12 So given that, there are some issues that would need 13 to be resolved in order for Mr. Elliot to be able to come, get 14 on the stand and get out of here without a lot of time being 15 wasted dealing with matters that the Court and parties can 16 resolve and what exhibits can he be shown and so on. 17 To that end, we would be willing not to call 18 Mr. Elliot as our first witness if that would accommodate all 19 the other parties. Speaking personally, your Honor, in terms 20 of preparation time, quite frankly -- once we get to about a 21 12-hour day, your Honor, that really is about as much as I 22 personally can handle in terms of getting ready for things. 23 (Continued on next page) 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7079 4A6ESAT6 1 MR. TIGAR: So, I do join in with what Mr. Stern says, 2 and I think that's the fairest way. There are plenty of things 3 that can be done in that week, such as getting these exhibit 4 issues resolved so that the testimony proceeds crisply. 5 And also we're going to tender to the Court now 6 Ms. Stewart's exhibit list. The overwhelming majority of those 7 exhibits are ones that were seized from her office that we're 8 offering, so the government has had them. If there are any 9 questions about it, those will need to be resolved. 10 So for all of those practical reasons, as well as the 11 question Mr. Stern raised, we join in his application. 12 MS. BAKER: Your Honor, the government asks the Court 13 to deny the request for the adjournment. 14 As far as the potential Elliot exhibits that have been 15 tendered by Ms. Stewart's counsel, I expect to indicate to them 16 tomorrow which of those exhibits the government would object to 17 having Mr. Elliot publicly questioned about. 18 To the extent that the parties are unable to resolve 19 disputes, which I anticipate with respect to at least some 20 documents, the Court obviously has read the documents once 21 already very recently. I don't want to unduly pressure the 22 Court, but I don't think that these issues are very complicated 23 issues. 24 The government has already set forth what it believes 25 to be the applicable law here, which is the law of law SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7080 4A6ESAT6 1 enforcement privilege. And so once I respond back to 2 Ms. Stewart's counsel about which documents I believe the 3 privilege applies to, I don't think it will be very time 4 consuming, at least for the parties, and I hope not for the 5 Court to get those issues resolved in time for Mr. Elliot to 6 testify on Tuesday. 7 And notwithstanding anything else that the defense has 8 said about providing a list of exhibits for Ms. Stewart's 9 testimony, the government does not wish an adjournment and 10 opposes the application. 11 MR. RUHNKE: Your Honor, just one factual -- 12 Ms. Baker's comment that we've all been in the same courtroom 13 all week together deserves a response. 14 The government -- you haven't been privy to our 15 exchanges, but the government has been predicting every day 16 this week that today's day they were going to rest, but if not 17 today, for sure tomorrow. There's been some dissenting views 18 back and forth, a lot of it with humor even. 19 But the idea that we're now going to go to Thursday, 20 if somebody had said on Monday the government's never going to 21 rest this case until Thursday, I don't think any -- there would 22 have been many takers even on the government's trial team. So 23 we've been expecting it to rest today, but if not today, 24 tomorrow. 25 And here, in fact, right now we're expecting them to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7081 4A6ESAT6 1 rest today. Now it's going to be tomorrow. I assume they'll 2 rest tomorrow and not Monday or Tuesday. But it hasn't been a 3 case of, we've known since Monday really this was going to go 4 all week. 5 MS. BAKER: Respectfully, your Honor, this is not a 6 situation where the government is surprising the defense with 7 the evidence that it's presenting. The defense has the same 8 chart that the government provided to the Court, which is a 9 road map of all of these Yousry exhibits that are being 10 presented in the exact order in which they're being presented 11 and how many of them there are and so on. 12 And at the end of the Yousry exhibits, there's about 13 45 minutes' worth of other evidence. So but for that 45 14 minutes, everyone has known all week exactly what remained to 15 be presented. And obviously, when we started on Monday morning 16 and no one knew how much legal arguing there was going to be 17 and the amount of time it took to read things, that might have 18 been one situation. But now it's the end of the day on 19 Wednesday. 20 THE COURT: I've got several observations. 21 One, unless my memory is not correct, most of the time 22 was just taken up with the evidence. We've had some legal 23 arguments which have delayed us in the morning on a couple of 24 the days so that the jury came in later than I would have 25 liked, and I explained that to the jury. But the time was SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7082 4A6ESAT6 1 taken up with the evidence. 2 Second, the parties usually work hard, it seems to me, 3 under circumstances where some of the translations were only 4 being produced at the end of last week or over the weekend, as 5 far as I could tell, because they weren't able to be given 6 earlier. So the notion that all of this could have been done 7 earlier doesn't strike me as quite right. 8 I say that as background because the government had 9 been asking to start with Mr. Elliot immediately after the 10 conclusion of the government's evidence, which was not thought 11 to be tomorrow through much of the week. 12 Having said all of that, I've said that the 13 defendants' case would begin on Tuesday and the parties knew 14 that. I am somewhat persuaded by whether there are matters 15 that have to be taken care of, in particular dealing with 16 Mr. Elliot's testimony, prior to the time that he testifies. 17 Despite what the government says about the fact that 18 I've reviewed all of these exhibits for purposes of the prior 19 motion, I certainly have to listen to the parties with respect 20 to what exhibits are being offered and if there is an objection 21 to the exhibit, what the objection is and attempt to resolve 22 that. 23 It's now Wednesday and the evidence is going to be 24 completed tomorrow, which is Thursday. And the next day, next 25 court day is the day in which the government wants to present SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7083 4A6ESAT6 1 Mr. Elliot to testify. That doesn't seem to me to leave the 2 time that's necessary. 3 So, I am concerned about the jurors' time and the 4 estimates with respect to the length of the trial. At the 5 moment I would be inclined not -- the only adjournment I would 6 be inclined to do is from Tuesday to Wednesday, so that we 7 would sit Wednesday and Thursday rather than on Tuesday to take 8 up any other matters. 9 I don't know if there are any other events coming up 10 next week other than the holiday on Monday or whether there are 11 any other commitments that I've told the jurors we would be 12 sitting less than a full day. No? 13 MR. RUHNKE: Not next week, your Honor, no. 14 THE COURT: And it appears that Mr. Elliot's schedule 15 is a little more flexible. I hadn't known that he'd cancelled 16 the meeting completely, so my inclination at this point is that 17 defense case would begin on Wednesday. It gives the defendants 18 a chance to present any case. The defendants are not required 19 to present any case. 20 All right. Did I say Tuesday? I meant Wednesday. 21 Wednesday. 22 MR. TIGAR: I will say, your Honor, that as soon as we 23 find out the government's position, we do anticipate that this 24 is a serious issue with respect to these exhibits that we've 25 tendered to the government and the Court. And it involved -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7084 4A6ESAT6 1 the Court's opinion of last Sunday dealt with the 2 authentication or authenticity issue. So we really are at the 3 realm of 803(6), 803(8), 807, Davis vs. Alaska -- 4 THE COURT: No, no. 5 MR. TIGAR: We take those issues very seriously. 6 THE COURT: But I don't think that's the issue. The 7 government can correct me if I'm wrong. I read the 8 government's papers as not disputing authenticity. 9 MR. TIGAR: That's right. I'm sorry, I'm not making 10 myself clear. 11 I heard the government counsel to suggest that the 12 privilege issue that they would intend to raise is pretty 13 simple to resolve. And I'm simply suggesting that it is not 14 easy to resolve because it does involve these other 15 considerations. 16 THE COURT: All right. See you all tomorrow at 9:15. 17 (Adjourned to Thursday, October 7, at 9:15 a.m.) 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7085 4A6ESAT6 1 GOVERNMENT EXHIBITS 2 Exhibit No. Received 3 2415-7 and 2415-7T . . . . . . . . . . . 6935 4 2204AT . . . . . . . . . . . . . . . . . 6939 5 2312-40 and 2312-40T . . . . . . . . . . 6941 6 2201BT . . . . . . . . . . . . . . . . . 6943 7 2205AT . . . . . . . . . . . . . . . . . 6946 8 2415-8 and 2415-8T . . . . . . . . . . . 6951 9 2405-7 and 2405-7T . . . . . . . . . . . 6956 10 2405-2 . . . . . . . . . . . . . . . . . 6957 11 2415-11 and 2415-11T . . . . . . . . . . 6958 12 2415-12 and 2415-12T . . . . . . . . . . 6964 13 2312-25 and 2312-25T . . . . . . . . . . 6969 14 2405-1 . . . . . . . . . . . . . . . . . 6973 15 2312-34 and 2312-35 . . . . . . . . . . . 6974 16 2312-41, 2312-42, 2312-41T and 2312-42T . 6975 17 2312-44 and 2312-44T . . . . . . . . . . 6978 18 2312-46 . . . . . . . . . . . . . . . . . 6987 19 524 . . . . . . . . . . . . . . . . . . . 6988 20 2312-49 and 2312-49T . . . . . . . . . . 6992 21 2312-50 and 2312-50 . . . . . . . . . . . 6996 22 2312-47A, 2312-47B, 2312-47AT, and 2312-47BT 99 23 2312-55 and 2312-55T . . . . . . . . . . 7009 24 2312-45A to 2312-45C and 2312-45AT to 2312CT 10 25 2312-56 and 2312-56T . . . . . . . . . . 7031 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 7086 4A6ESAT6 1 2312-58 and 2312-58T . . . . . . . . . . 7038 2 2312-67 and 2312-68 . . . . . . . . . . . 7042 3 2312-60 . . . . . . . . . . . . . . . . . 7042 4 2312-48 and 2312-48T . . . . . . . . . . 7042 5 2312-48AT and 2312-48BT . . . . . . . . . 7043 6 2312-53 and 2312-53T . . . . . . . . . . 7054 7 2312-54 and 2312-54T . . . . . . . . . . 7055 8 2313-6 . . . . . . . . . . . . . . . . . 7058 9 2313-8 . . . . . . . . . . . . . . . . . 7059 10 2312-21 . . . . . . . . . . . . . . . . . 7059 11 2312-22 . . . . . . . . . . . . . . . . . 7060 12 2313-3 . . . . . . . . . . . . . . . . . 7060 13 2422-1 . . . . . . . . . . . . . . . . . 7062 14 2313-2 . . . . . . . . . . . . . . . . . 7066 15 2313-4 . . . . . . . . . . . . . . . . . 7068 16 2313-1 and 2313-1T . . . . . . . . . . . 7070 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300