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ISN 10029 CSRT Transcript Case 1 :09 - - 01385 - PLF Document 47-8 Filed 01/04/10 Page 1 of 80 UNCLASSIFIEDIFORPUBLICRELEASE INTHE UNITED STATES DISTRICTCOURT FORTHE DISTRICTOFCOLUMBIA ) MUHAMMEDRAHIM , ) Petitioner ) Civil Action No. 09-1385 (PLF) BARACK OBAMA, ) President of the United States, et al., ) Respondents. ISN 10029 CSRT Transcript UNCLASSIFIEDIFOR PUBLIC RELEASE Case 1 :09- - 01385- PLF Document 47-8 Filed 01/04/10 Page 2 of 80 UNCLASSIFIEDI/ FORPUBLICRELEASE Combatant Status Review Tribunal Live Hearing Script ( NO WITNESSES ) SECTION 1: UNCLASSIFIED (OPEN SESSION: OPENING PRESIDENT This hearing shall come to order. RECORDER: This Tribunal is being conducted at 1302 hours on February 9, 2009 on board U.S. Base Guantanamo Bay Cuba. The following personnel are present: 3 U.S. President. AirForce, Member 3 Army, Member, 3 Air Force, PersonalRepresentative. 3 Translator. 3 U.S. Air Force, Reporter/Paralegal. 3 U.S , Recorder . 3 is the Judge Advocate member of the Tribunal. OATHSESSION1 RECORDER AllRise 3 PRESIDENT The Recorder will now be swom. Do you, swear, swear you willfaithfully perform the duties as Recorderassigned in this Tribunal, so help you God? RECORDER : I do, PRESIDENT The Reporterwillnowbe swom TheRecorderwill administerthe oath. RECORDER : Do you3 swear that you will faithfully perform the duties as Reporter assigned in this Tribunal , so help you God? REPORTER: I do. PRESIDENT : TheTranslatorwill sworn Page 1 of 79 UNCLASSIFIEDIFOR PUBLIC RELEASE Case 1 :09-cv- 01385- PLF Document 47-8 Filed 01/04/10 Page 3 of 80 UNCLASSIFIEDI PUBLICRELEASE 3 RECORDER Do you Contract Linguist swear that you will faithfully perform the duties as Translator assigned in this Tribunal, so help you God? TRANSLATOR: I do. PRESIDENT Alright folks, we will take a brief recess while the detainee is brought into the room . RECORDER: This Tribunal is in now in recess. The time is 1303 hours on February 9 , 2009. CONVENINGAUTHORITY RECORDER: Rise PRESIDENT: Pleasebe seated. PRESIDENT This hearingwill come to order. TRANSLATOR: (TRANSLATIONOFABOVE) . RECORDER: This Tribunal has returned from recess . The time is 1327 hours on February 9, 2009. TRANSLATOR: ( TRANSLATIONOF ABOVE) . PRESIDENT The Tribunal is convened by order of the Director, Combatant Status Review Tribunals under the provisions of his order dated 23 January 2009 TRANSLATOR ; ( TRANSLATION OF ABOVE ) . PRESIDENT : This Tribunal will delermine whether you , MUHAMMAD RAHIM , meet the criteria to be designated as an combatant against the United States or its coalition partners. TRANSLATOR: (TRANSLATIONOFABOVE). OATH SESSION 2 PRESIDENT The membersof the Tribunalshall nowbe swom . TRANSLATOR: ( TRANSLATIONOFABOVE). Page 2 of 79 UNCLASSIFIED FOR PUBLIC RELEASE Case 1 : 09 - - 01385 - PLF Document 47-8 Filed 01/04/10 Page 4 of 80 UNCLASSIFIEDFORPUBLICRELEASE RECORDER: Do you swear that you will faithfully perform your duties as a member of this Tribunal; that you will impartially examine and inquire into the matter now before you according to your conscience , and the laws and regulations provided ; that you will make such findings of fact and conclusions as are supported by the evidence presented; that in determining those facts, you will use your professional knowledge, best judgment , and common sense; and that you will make such findings as are appropriate according to the best of your understanding of the rules regulations, and laws governing this proceeding , and guided by your concept ofjustice , so help you God? TRANSLATOR ( TRANSLATION OF ABOVE ). TRIBUNAL MBR I do. TRANSLATOR : ( TRANSLATIONOFABOVE) . PRESIDENT I do. TRANSLATOR: ( TRANSLATION OF ABOVE). TRIBUNAL MBR I do. TRANSLATOR ( TRANSLATION OF ABOVE ). PRESIDENT The Recorder will now administer the oath to the Personal Representative . TRANSLATOR: ( TRANSLATION OFABOVE). RE ORDER : Do you swear that you will faithfully perform the duties of Personal Representativeinthis Tribunal, so help you God ? TRANSLATOR : ( TRANSLATION OF ABOVE). PERSONAL REPRESENTATIVE : I do. TRANSLATOR: ( TRANSLATIONOF ABOVE) PRESIDENT; Please be seated , TRANSLATOR: ( TRANSLATION OFABOVE). PRESIDENT The Recorder, Reporter, and Translator, have previously been swom. TRANSLATOR : ( TRANSLATION OF ABOVE). Page 3 of 79 PUBLICRELEASE Case 1 :09- - 01385- PLF Document 47-8 Filed 01/04/10 Page 5 of 80 UNCLASSIFIED PUBLICRELEASE EXPLANATION OF PROCEEDINGS PRESIDENT: MUHAMMAD RAHIM , you are hereby advised that the following rules apply during this hearing. TRANSLATOR: ( TRANSLATION OF ABOVE ). PRESIDENT: You may be present at all open sessions of the Tribunal. However, if you do become disorderly, you will be removedfrom the hearing, and the Tribunalwill continueto hear evidencein your absence. TRANSLATOR : ( TRANSLATIONOFABOVE). PRESIDENT: You may not be compelled to testify at this Tribunal. However, you may testify ifyou wish to do so, and your testimony can be given under oathor unswom TRANSLATOR: ( TRANSLATION OF ABOVE ). PRESIDENT You have the assistance of a Personal Representative at this hearing; your assigned Personal Representative is present. TRANSLATOR: (TRANSLATIONOF ABOVE ) : PRESIDENT You may present evidence to this Tribunal, including the testimony of witnesses who are reasonably available and whose testimony is relevant to this hearing. You may question these witnesses testifying at the Tribunal TRANSLATOR: ( TRANSLATION OF ABOVE). PRESIDENT: You may examine documents or statements offered into evidence other than classified information. However, certain documents may be partially maskedfor security purposes. TRANSLATOR : ( TRANSLATIONOF ABOVE). PRESIDENT Mr. MUHAMMAD RAHIM , do you understand this process ? TRANSLATOR : ( TRANSLATIONOF ABOVE). DETAINEE Yes PRESIDENT Do you have any questions of the Tribunal ? TRANSLATOR : ( TRANSLATION OF ABOVE). Page 4 of 79 UNCLASSIFIED RELEASE Case 1 :09- - 01385- PLF Document 47-8 Filed 01/04/10 Page 6 of 80 UNCLASSIFIED FOR PUBLIC RELEASE DETAINEE ( ThroughTranslator) will do it at the end, PRESIDENT Very good. PRESENTATION OF UNCLASSIFIED INFORMATION PRESIDENT Mr. Personal Representative, please providethe Tribunal with the DetaineeElectionForm . TRANSLATOR: ( TRANSLATION OF ABOVE). PERSONAL REPRESENTATIVE: I am handing the Tribunal the Detainee Election Form , which was previouslymarked as Exhibit D - a and the Affirmationof Combalant StatusReviewTribunalNoticeto Detaineemarkedas ExhibitD - TRANSLATOR: ( TRANSLATIONOFABOVE) . PRESIDENT: The document ( s ) D - a and D - b are received into the record. PRESIDENT: MUHAMMAD RAHIM , see that you have opted to respond to each allegation after the Recorderhas read them . We do not requirean oath. Would you like to make your responses under ? We have prepared a Muslim oath ifyou wish to use it. TRANSLATOR: ( TRANSLATION OF ABOVE) . DETAINEE ( Through Translator ): I do PRESIDENT: And wouldyou likea Muslimoath or nonMuslimoath ? DETAINEE ( ThroughTranslator): Muslim oath PRESIDENT Very Good PRESIDENT Mr. Recorder , at this time would you please administer the Muslim oath . TRANSLATOR ( TRANSLATION OF ABOVE) . RECORDER: Yes Sir RECORDER : Please repeat, In the Name of Allah, the Most Compassionate, the Most Merciful, I , Muhammad Rahim swear by almighty God that my testimony before this Tribunalwill be the truth . Page 5 of 79 UNCLASSIFIEDIFORPUBLICRELEASE Case 1 :09- - 01385- PLF Document 47-8 Filed 01/04/10 Page 7 of 80 UNCLASSIFIEDIFOR PUBLIC RELEASE TRANSLATOR: ( TRANSLATIONOF ABOVE ). DETAINEE: [RepeatsOath as necessary.] PRESIDENT: Thank you. RECORDER PRESENTS UNCLASSIFIED INFORMATION PRESIDENT Mr. Recorder , please provide the Tribunal with the unclassified information TRANSLATOR: ( TRANSLATION OF ABOVE ). RECORDER: I am handing the Tribunal what has previously been marked as Exhibit R - the unclassified summary of the evidence relates to this detainee's status as an enemy combatant. A translated copy of this exhibit was provided to the Personal Representative in advance of this hearing for presentation the detainee. In addition, I am handing to the Tribunal the following unclassified exhibits , marked as Exhibit R - 2 thru R -5 . Copies of these Exhibits have previously been provided to the Personal Representative . TRANSLATOR: ( TRANSLATION OF ABOVE) . PRESIDENT: The documents R - 1 thru R - 5 arc received and entered into the record. TRANSLATOR ; ( TRANSLATIONOF ABOVE ). PRESIDENT: Mr. MUHAMMADRAHIM , I will now explain how this process will proceed. The Recorderwill read each statement from the Unclassified Summary. We will then provide you a chance to respond. The Recorder, the Personal Representative, and the other Tribunal Members may ask you questions based on your responses. TRANSLATOR: ( TRANSLATION OF ABOVE). DETAINEE (ThroughTranslator) Yes Sir PRESIDENT: Mr. Recorder at this time please read the unclassified summary of evidence for the . TRANSLATOR: ( TRANSLATIONOF ABOVE) . RECORDER : 3. The following factors support the determination that the detainee is an enemy combatant: TRANSLATOR : (TRANSLATIONOFABOVE) . Page 6 of 79 UNCLASSIFIEDIFORPUBLICRELEASE Case 1 :09- - 01385- PLF Document 47-8 Filed 01/04/10 Page 8 of 80 UNCLASSIFIED FOR PUBLIC RELEASE RECORDER : 3. a The detainee was a key logistics facilitator and trusted agent for Usama bin Laden within the inner ranks of al Qaida. TRANSLATOR ( TRANSLATIONOFABOVE ). PRESIDENT: Sir, at this time, if you have a statementthat you wish to make to refute that specificcharge, the floor is yours sir. TRANSLATOR ( TRANSLATIONOF ABOVE) . DETAINEE ( Through Translator): I don't understand PRESIDENT:
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