MEMBER: Typed from Linguist’s translations. Okay.
RRESIDENT: Khalid Sheikh Muhammad, I did not offer you an oath early because I was informed by the Personal Representative that you would be making some statement later on in these proceedings relevant to the truthfulness of your comments. So, if you would like to take an oath I would administer one to you but I did understand that you going to make a statement.
DETAINEE: In the final statement, I will explain why then.
RRESIDENT: All right. Thank you. [Tribunal pauses to review D-a thru D-d]
MEMBER: Seen those.
TRANSLATOR: Sir.
RRESIDENT: Yes.
TRANSLATOR: He wanted me to translate a Koranic verse on the spot.
RRESIDENT: I will permit it.
TRANSLATOR: Thank you.
TRANSLATOR: Can I ask him for clarification?
RRESIDENT: Yes.
RRESIDENT: Do you need a few more moments. Translator?
TRANSLATOR: Yes, sir, about thirty seconds.
RRESIDENT: Go ahead and take your time.
TRANSLATOR: Would you me to read the English translation after he read Arabic verse or would like him to read it?
RRESIDENT: You want to save that for later?
TRANSLATOR: [Nods head]
RRESIDENT: All right.
RRESIDENT: Let me take up a few things that have come up as based on my review of these documents that have been provided to us so far. D-d appears to be a written statement regarding certain treatment that you claim to have received at the hands of agents of the United States government as you indicated from the time of your capture in 2003 up until before coming here to Guantánamo in September 2006.
RRESIDENT: Is that correct?
DETAINEE: Yes.
RRESIDENT: All right.
RRESIDENT: Now, I haven’t seen any statements in the evidence we receive so far that claim to come from you other than acknowledging whether you were or not the head of the Military Committee. Were any statements that you made as the result of any of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because of the treatment you receive from these people?
DETAINEE: Statement for whom?
RRESIDENT: To any of these interrogators.
DETAINEE: CIA peoples. Yes. At the beginning when they transferred me ______. This is what I understand he told me: you are not American and you are not on American soil. So you cannot ask about the Constitution.
RRESIDENT: What I’m trying to get at is any statement that you made was it because of this treatment, to use your word, you claim torture. Do you make any statements because of that?
TRANSLATOR: Sir, for clarification.
RRESIDENT: Can you translate it?
TRANSLATOR: I will translate in Arabic.
RRESIDENT: Yes.
TRANSLATOR: [Translating above]
DETAINEE: I ah cannot remember now ______ be under questioning so many statement which been some of them I make up stories just location UBL. Where is he? I don’t know. Then he torture me. Then I said yes, he is in this area or this is al Qaida which I don’t know him. I said no, they torture me. Does he know you? I say don’t know him but how come he know you. I told him I’m senior man. Many people they know me which I don’t them. I ask him even if he knew George Bush. He said, yes I do. He don’t know you that not means its false. ______ I said yes or not. This I said.
RRESIDENT: All right, I understand.
RRESIDENT: Is there anything you would like to correct, amend, modify, or explain to us from what you said back then?
DETAINEE: I want to just it is not related enemy combatant but I’m saying for you to be careful with people. That you have classified and unclassified facts. My opinion to be fair with people. Because when I say, I will not regret when I say I’m enemy combatant. I did or not I know there are other but there are many Detainees which you receive classified against them maybe, maybe not take away from me for many Detainees false witnesses. This only advice.
RRESIDENT: So you are aware that other…
DETAINEE: Yes.
RRESIDENT: People made false statement as a result of this?
DETAINEE: I did also.
RRESIDENT: Uh huh.
DETAINEE: I told him, I know him yes. There are and they are. Not even you show me. This I don’t know him I never met him at all. So, unclassified which is both classified and unclassified so this is you know him you don’t know him. You have to be fair with people. There are many, many people which they have never been part of the Taliban. Afghanistan there have been many people arrested for example people who have been arrested after October 2001 after make attack against Afghanistan many of them just arrive after they don’t what has happen. When Russian came to Afghanistan they felt they went back but they did anything with Taliban and al Qaida then came after that. I don’t know why it was younger people same thing for Afghanis people they show Afghanis people. I will give example one. His name is Sayed Habib. This I remember. Him they found his name in my notes and I told them this note is old note and have people which even before al Qaida I know. And he is not. He is one of my students and the Russian times and I don’t know him.
RRESIDENT: All right.
RRESIDENT: Now what.
DETAINEE: For me nothing which was recorded. For which is written here is not related
RRESIDENT: I understand.
RRESIDENT: I do note that in one of the exhibits you indicate you are not under any pressure or duress today. Is that correct?
DETAINEE: That is about I’m hearing today. Yes.
PRESIDENT: So anything.
DETAINEE: Some of this information. I not state it to them.
RRESIDENT: The information that you are telling us today, so we are clear. You do not believe you are under any pressure or threat or duress to speak to us today, is that correct?
DETAINEE: Yes, that’s correct.
RRESIDENT: All right.
RRESIDENT: Now what you have told us about your previous treatment is on the record of these proceedings now and will be reported for any investigation that may be appropriate. Also, we will consider what you have told us in making our determination regarding your enemy combatant status.
DETAINEE: I hope you will take care of other Detainees with what I said. It’s up to you.
RRESIDENT: I will do as I’ve said. I’ll see to it that it is reported.
RRESIDENT: All right. At this point, we are going to go into the final statement but I do want to give the opportunity to the Recorder, PR, and Tribunal member to ask questions if they would like. So, what we’ll do is proceed then to the Detainee’s final statement and then I’ll have a question and answer session following that. All right just give me a moment.
RRESIDENT: All right.
RRESIDENT: Khalid Sheikh Muhammad, this concludes the presentation of unclassified information to the Tribunal. We are about to conclude the unclassified portion of the hearing. Do you wish to now make any final statement to the Tribunal? You have the assistance of your PR.
DETAINEE: I make a two part. Maybe he will read then I will go also.
RRESIDENT: Very well. You may continue.
PPERSONAL REPRESENTATIVE: Mr. President, the Detainee has asked me to read his final statement to the Tribunal with the understanding he may interject or add statements if he needs to, to correct what I say. According to the Detainee:
“I hereby admit and affirm without duress to the following:
1. I swore Bay’aat (i.e., allegiance) to Sheikh Usama Bin Laden to conduct Jihad of self and money, and also Hijrah (i.e., expatriation to any location in the world where Jihad is required).
2. I was a member of the Al Qaida Council.
3. I was the Media Operations Director for Al-Sahab, or ‘The Clouds,’ under Dr. Ayman Al Zawahiri. Al-Sahab is the media outlet that provided Al-Qaida-sponsored information to Al Jazeera. Four.”
DETAINEE: [speaking inaudibly to P
ersonal Representative]
RRESIDENT: Please tell.
PPERSONAL REPRESENTATIVE: In other channels or other media outlets.
RRESIDENT: Thank you.
PPERSONAL REPRESENTATIVE: [continuing]
“4. I was the Operational Director for Sheikh Usama Bin Laden for the organizing, planning, follow-up, and execution of the 9/11 Operation under the Military Commander, Sheikh Abu Hafs Al-Masri Subhi Abu Sittah.
5. I was the Military Operational Commander for all foreign operations around the world under the direction of Sheikh Usama Bin Laden and Dr. Ayman Al-Zawahiri.
6. I was directly in charge, after the death of Sheikh Abu Hafs Al-Masri Subhi Abu Sittah, of managing and following up on the Cell for the Production of Biological Weapons, such as anthrax and others, and following up on Dirty Bomb Operations on American soil.
7. I was Emir (i.e., commander) of Beit Al Shuhada (i.e., the Martyrs’ House) in the state of Kandahar, Afghanistan, which housed the 9/11 hijackers. There I was responsible for their training and readiness for the execution of the 9/11 Operation. Also, I hereby admit and affirm without duress that I was a responsible participant, principal planner, trainer, financier (via the Military Council Treasury), executor, and/or a personal participant in the following:
1. I was responsible for the 1993 World Trade Center Operation.
2. I was responsible for the 9/11 Operation, from A to Z.
3. I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl, in the city of Karachi, Pakistan. For those who would like to confirm, there are pictures of me on the Internet holding his head.
4. I was responsible for the Shoe Bomber Operation to down two American airplanes.
5. I was responsible for the Filka Island Operation in Kuwait that killed two American soldiers.
6. I was responsible for the bombing of a nightclub in Bali, Indonesia, which was frequented by British and Australian nationals.
7. I was responsible for planning, training, surveying, and financing the New (or Second) Wave attacks against the following skyscrapers after 9/11:
a. Library Tower, California.
b. Sears Tower, Chicago.
c. Plaza Bank, Washington state.
d. The Empire State Building, New York City.
8. I was responsible for planning, financing, & follow-up of Operations to destroy American military vessels and oil tankers in the Straits of Hormuz, the Straits of Gibraltar, and the Port of Singapore.
9. I was responsible for planning, training, surveying, and financing for the Operation to bomb and destroy the Panama Canal.
10. I was responsible for surveying and financing for the assassination of several former American Presidents, including President Carter.
11. I was responsible for surveying, planning, and financing for the bombing of suspension bridges in New York.
12. I was responsible for planning to destroy the Sears Tower by burning a few fuel or oil tanker trucks beneath it or around it.
13. I was responsible for planning, surveying, and financing for the operation to destroy Heathrow Airport, the Canary Wharf Building, and Big Ben on British soil.
14. I was responsible for planning, surveying, and financing for the destruction of many nightclubs frequented by American and British citizens on Thailand soil.
15. I was responsible for surveying and financing for the destruction of the New York Stock Exchange and other financial targets after 9/11.
16. I was responsible for planning, financing, and surveying for the destruction of buildings in the Israeli city of Elat by using airplanes leaving from Saudi Arabia.
17. I was responsible for planning, surveying, and financing for the destruction of American embassies in Indonesia, Australia, and Japan.
18. I was responsible for surveying and financing for the destruction of the Israeli embassy in India, Azerbaijan, the Philippines, and Australia.
19. I was responsible for surveying and financing for the destruction of an Israeli ’El-AP Airlines flight on Thailand soil departing from Bangkok Airport.
20. I was responsible for sending several Mujahadeen into Israel to conduct surveillance to hit several strategic targets deep in Israel.
21. I was responsible for the bombing of the hotel in Mombasa that is frequented by Jewish travelers via El-Al airlines.
22. I was responsible for launching a Russian-made SA-7 surface-to-air missile on El-Al or other Jewish airliner departing from Mombasa.
23. I was responsible for planning and surveying to hit American targets in South Korea, such as American military bases and a few nightclubs frequented by American soldiers.
24. I was responsible for financial, excuse me, I was responsible for providing financial support to hit American, Jewish, and British targets in Turkey.
25. I was responsible for surveillance needed to hit nuclear power plants that generate electricity in several U.S. states.
26. I was responsible for planning, surveying, and financing to hit NATO Headquarters in Europe.
27. I was responsible for the planning and surveying needed to execute the Bojinka Operation, which was designed to down twelve American airplanes full of passengers. I personally monitored a round-trip, Manila-to-Seoul, Pan Am flight.
28. I was responsible for the assassination attempt against President Clinton during his visit to the Philippines in 1994 or 1995.
29. I was responsible for the assassination attempt against Pope John Paul the Second while he was visiting the Philippines.”
DETAINEE: I was not responsible, but share.
PPERSONAL REPRESENTATIVE: I shared responsibility. I will restate number twenty-nine.
29. I shared responsibility for the assassination attempt against Pope John Paul the Second while he was visiting the Philippines.
30. I was responsible for the training and financing for the assassination of Pakistan’s President Musharraf.
31. I was responsible for the attempt to destroy an American oil company owned by the Jewish former Secretary of State, Henry Kissinger, on the Island of Sumatra, Indonesia.”
PPERSONAL REPRESENTATIVE: Sir, that concludes the written portion of the Detainee’s final statement and as he has alluded to earlier he has some additional comments he would like to make.
RRESIDENT: All right. Before you proceed, Khalid Sheikh Muhammad, the statement that was just read by the Personal Representative, were those your words?
Begin Detainee Oral Statement
DETAINEE: Yes. And I want to add some of this one just for some verification. It like some operations before I join al Qaida. Before I remember al Qaida which is related to Bojinka Operation I went to destination involve to us in 94, 95. Some Operations which means out of al Qaida. It’s like beheading Daniel Pearl. It’s not related to al Qaida. It was shared in Pakistani. Other group, Mujahadeen. The story of Daniel Pearl, because he stated for the Pakistanis, group that he was working with the both. His mission was in Pakistan to track about Richard Reed trip to Israel. Richard Reed, do you have trip? You send it Israel to make set for targets in Israel. His mission in Pakistan from Israeli intelligence, Mosad, to make interview to ask about when he was there. Also, he mention to them he was both. He have relation with CIA people and were the Mosad. But he was not related to al Qaida at all or UBL. It is related to the Pakistan Mujahadeen group. Other operations mostly are some word I’m not accurate in saying. I’m responsible but if you read the heading history. The line there [indicating to Personal Representative a place or Exhibit D-c].”
PPERSONAL REPRESENTATIVE: [Reading] “Also, hereby admit and affirm without duress that I was a responsible participant, principal planner, trainer, financier.”
DETAINEE: For this is not necessary as I responsible, responsible. But within these things responsible participant in finances.
RRESIDENT: I understand. I want to be clear, though, is you that were the author of that document.
DETAINEE: That’s right.
RRESIDENT: That it is true?
DETAINEE: That’s true.
RRESIDENT: All right. You may continue with your statement.
DETAINEE: Okay. I start in Arabic.
RRESIDENT: Please.
DETAINEE: (through translator): In the name of God the most compassionate, the most merciful, and if any fail to retaliation by way of charity and I apologize. I will start again. And if any fail to judge by the light of Allah has revealed, they are no better than wrongdoers, unbelievers, and the unjust.
DETAINEE: For this verse, I not take the oath. Take an oath is a part of your Tribunal and I’ll not accept it. To be or accept the Tribunal as to be, I’ll accept it. That I’m accepting American Constitution, American law, or whatever you are doing here. This is why religiously I cannot accept anything you do. Just to explain for this one, does not mean I’m not saying that I’m lying. When I not take oath does not mean I’m lying. You know very well peoples take oath and they will lie. You know the President he did this before he just makes his oath and he lied. So sometimes when I’m not making oath does not mean I’m lying.
RRESIDENT: I understand.
DETAINEE: Second thing. When I wrote this thing, I mean, the PR he told me that President may stop you at any time and he don’t like big mouth nor you to talk too much. To be within subject. So, I will try to be within the enemy combatant subject.
RRESIDENT: You can say whatever you’d like to say so long as it’s relevant to what we are discussing here today.
DETAINEE: Okay, thanks.
DETAINEE: What I wrote here, is not I’m making myself hero, when I said I was responsible for this or that. But you are military man. You know very well there are language for any war. So, there are, we are when I admitting these things I’m not saying I’m not did it. I did it but this the language of any war. If America they want to invade Iraq they will not send for Saddam roses or kisses they send for a bombardment. This is the best way if I want. If I’m fighting for anybody admit to them I’m American enemies. For sure, I’m American enemies. Usama bin Laden, he did his best press conference in American media. Mr. John Miller he been there when he made declaration against Jihad, against America. And he said it is not no need for me now to make explanation of what he said but mostly he said about American military presence in Arabian peninsula and aiding Israel and many things. So when we made any war against America we are jackals fighting in the nights. I consider myself, for what you are doing, a religious thing as you consider us fundamentalist. So, we derive from religious leading that we consider we and George Washington doing same thing. As consider George Washington as hero. Muslims many of them are considering Usama bin Laden. He is doing same thing. He is just fighting. He needs his independence. Even we think that, or not me only. Many Muslims, that al Qaida or Taliban they are doing. They have been oppressed by America. This is the feeling of the prophet. So when we say we are enemy combatant, that right. We are.
The Hunt for KSM Page 33
