IN THE DISTRICT COURT FOR THE DISTRICT OFCOLUMBIA

JUMA MOHAMMEDABDI. L; a,ATIF AL DOSARI,et al.

Petitioners,

Civil Action No. 04-CV-1227(RBW)

GEORGEW. BUSH, President of the UnitedStates, et al., Respondents.

DECLARATIONOF JAMES R. CRISFIELD JR.

Pursuant to 28 U.S.C. § 1746, I, CommanderJames R. Crisfield Jr., Judge Advocate

General’s Corps, United States Navy, hereby state that to the best of myknowledge, information and belief, the followingis true, accurate and correct:

1. I am the Legal Advisor to the CombatantStatus ReviewTribunals. In that capacity I amthe principal legal advisor to the Director, CombatantStares ReviewTribunals, and provide advice to Tribunals on legal, evidentiary, procedural, and other matters. I also review the

record of proceedingsin each Tribunal for legal sufficiency in accordancewith standards

prescribed in the CombatantStatus ReviewTribunal establishment order and implementing

directive.

2. I hereby certify that the documentsattached hereto constitute a true and accurate

copy of the portions of the record of proceedings before the CombatantStatus ReviewTribunal

related to petitioner JumaMohammed Abdul Latif At Dosari that are suitable for public release.

The portions of the record that are classified or considered law enforcementsensitive are not

1824 attached hereto. I have redacted information that wouldpersonally identify certain U.S.

Governmentpersonnel in order to protect the personal security of those individuals. I have also redacted internee serial numbersbecause certain combinationsof internee serial numberswith other information becomeclassified under applicable classification guidance.

I declare under penalty of perjury that the foregoingis true and correct.

CDR, JAGC, USN

1825 Department of Defense Director, CombatantStatus ReviewTribunals

OARDEC/Ser: 0204 11 October 2004 FOR OFFICIAL USE ONLY

From: Director, Combatant Status Review Tribunal

Subj: REVIEW OF COMBATANT STATUS REVIEW TRIBUNAL FOR DETAINEE ISN #~

Ref: (a) Deputy Secretary of Defense Order of 7 July 2004 (b) Secretary of the Navy Order of 29 July 2004

1. I concur in the decision of the Combatant Status Review Tribunal that Detainee ISN #~ meets the criteria for designation as an EnemyCombatant, in accordance with references’IT,-and (b).

2. This case is now considered final, and the detainee will be scheduled for an Administrative Review Board.

¯ M. McGARRAH RADM, CEC, USN

Distribution: NSC(Mr. John Bellinger) DoS (Ambassador Prosper) DASD-DA JCS (J5) SOUTHCOM (COS) COMJTFGTMO OARDEC (Fwd) C1TF Ft Belvoir

FOR OFFICIAL USE ONLY 1826 UNCLASSIFIED

9 Oct 04

From: Legal Advisor To: Director, Combatant Status Review Tribunal

Subj: LEGAL SUF~CIENCY REVIEW OF COMBATANTSTATUS REVIEW TRIBUNAL FOR DETAINEE ISN #~.

Ref: (a) DeputySecretary of DefenseOrder of 7 July 2004 (b) Secretary of the NavyImplementation Directive of 29 July 2004

Encl: (1) Appointing Order for Tribunal #8 of 13 September2004 (2) Record of Tribunal Proceedings

1. A legal sufficiency review has been completedon the subject CombatantStatus ReviewTribunal in accordancewith references (a) and (b). After reviewingthe record of the Tribunal, I find that:

a. The detainee was properly notified of the Tribunal process and voluntarily elected not to participate in the Tribunal proceedings.

b. The Tribunal was properly convenedmad constituted by enclosure (1).

c. The Tribunal compliedwith the provisions of references (a) and Co). Note that some information in exhibits R-5, R-6, and R-18 was redacted. The FBI properly certified in exhibit R-2 that the redacted informationwould not support a determinationthat the detainee is not an .

d. The detainee madeno requests for witnesses or evidence.

e. The Tribunal’s decision that detainee #~is properly classified as an enemycombatant was unanimous.

f. The detalnee’s Personal Representative was ~ven the opportunity to review the record of proceedingsand declined to submit coma’nentsto the Tribunal.

2. Theproceedings and decision of the Tribunal are legally sufficient and no corrective action is required.

3. I recommendthat the decision of the Tribu~ ap(~an.. ~the(~ be considered final.

/&MF,~R. ~LD JR. CDR, JAGC, USN

UNCLASSIEIED 1827 Department of Defense Director, CombatantStatus Review Tribunals

13 Sep 04

From: Director, CombatantStatus ReviewTribunals Subj: APPO/NTIvlENTOF COMBATANTSTATUS REVIEWTRIBUNAL #8

Refi (a) ConveningAuthority AppointmentLetter of 9 July 2004

Bythe authority given to mdin reference (a), a CombatantStatus ReviewTribunal established by "Implementationof CombatantStatus ReviewTribunal Proceduresfor EnemyCombatants Detained at GuantananaoBay Naval Base, Cuba"dated 29 July 2004 is herebyconvened. It shall hear such eases as shall be broughtbefore it withoutfurther action of referral or otherwise.

Thefollowing commissionedofficers shall serve as membersof the Tribunal:

~ Colonel, U.S. Marine Corps Reserve; Pmsideut Colonel, U.S. Army;Member

(jA~~I~; Lieutenant Colonel, JAG-C, U.S. Army; Member

J. M. McGARRAH Rear Admiral Civil EngineerCorps United States Naval Reserve

1828 HEADQUARTERS, OARDEC FORWARD GUANTANAMOBAY, CUBA APOAE 09360

6 October 2004 MEMORANDUMFOR DllLECTOR, CSRT

FROM: OARDEC FORWARDCommander

SUBJECT: CSRT Record of Proceedings ICO ISN#~

1. Pursuant toEnclosure (1), paragraph (1)(5) of hnplementation of Combatant Stat us Review Tribunal Procedures for EnemyCombatants Detained at GuantanamoBay Naval Base, Cuba dated 29 July 2004, I am forwarding the CombatantStatus ReviewTribunal Decision Report for the above mentionedISN for review and action.

2. If there are any questions regarding this package,point of contact on this matter is the undersigned at DSN660-3088.

Colonel, USAF

1829 SECRET//NOFORN//X1

(I.r) CombatantStatus ReviewTribunal Decision Report Cover Sheet

(U) This Documentis UNCLASSIFIEDUpon Removal of Enclosures (2) and

(U) TRIBUNAL PANEL:

(U) ISN#:

Ref: (a) (U) ConveningOrder for Tribunal #8 of 13 September2004 (U) (b) (U) CSRTImplementation Directive of 29 July 2004 (U) (c) (U) DEPSECDEFMemo of 7 July 2004 (U)

Encl: (1) (U) Unclassified Summaryof Basis For Tribunal Decision (U) (2) (U) Classified Summaryof Basis for Tribunal Decision (S/NF) (3) (U) Summaryof Detainee/Witness Testimony ~/FOUO)- ~/A) (4) (U) Copies of DocumentaryEvidence Presented (S/NF) (5) (U) Personal Representative’s Record Review(U)

1. (U) This Tribunal was convenedon 30 September2004 by references (a) and (b) makea determination as to whetherthe Detainee meets the criteria to be designated as an enemycombatant, as defined in reference (c).

2. (U) On 30 September2004 the Tribunal determined, by a preponderanceof the evidence, that Detainee #~is properly designated as an enemycombatant, as defined in reference (c).

3. (U) In particular, the Tribunal finds that this Detaineeis a memberof al Qaidaand affiliated with the , as morefully discussed in the enclosures.

4. (U) Enclosure(1) provides an unclassified accountof the basis for the Tribunal’s decision. A detailed account of the evidence considered by the Tribunal and its findings of fact are containedin enclosures(1) and (2).

DERVFM: Multiple Sources SECRET//NOFORN//X1 DECLASS: XI 1830 UNCLASSIFIED//FOUO

UNCLASSIFIED SUMMARY OF BASIS FOR TRIBUNAL DECISION

O~nclosure (1) to CombatantStatus ReviewTribunal Decision Report)

TRIBUNAL PANEL: #8 ISN #: ~

1. Introduction

As the CombatantStatus ReviewTribunal (CSRT)Decision Report indicates, the Tribunal has determinedthat this Detainee is properly classified as an enemycombatant and is a memberof al Qaida, whichwas affiliated with the Taliban and provided support to it whenit wasengaged in hostilities against the UnitedStates and/or its coalition partners. In reaching its conclusions, the Tribunal considered both classified and unclassified information. The following is an account of the unclassified evidence considered by the Tribunal and other pertinent information. Classified evidence considered by the Tribunal is discussed in Enclosure (2) to the CSRTDecision Report.

2. Synopsis of Proceedings

The unclassified evidence presented to the Tribunal by the Recorderindicated that the detainee is a memberof al Qaida and traveled from the United States to Afghanistanvia Bahrain and Iran in November2001. The Detainee was present at Tora Born and crossed the border from to in December2001 with neither documentation nor authority andsurrenderedto Pakistani authorities. The Detainee chose not to participate in the Tribunal process. He called no witnesses, requested no documentsbe produced, but provided through his Personal Representative responses to the allegations in the Unclassified Summaryof Evidence ~xhibit R-l). The Detalnee’s responses were identified verbally by the Pe~sonalRepresentative in the Tribunal session and were also submitted in written form as Exhibit D-b. The Detainee proclaimed he was innocent of all allegations.

3. Evidence Considered by the Tribunal

The Tribunal considered the following evidence in reaching its conclusions:

a. Exhibits: D-a through D-b and R- i through R- 18.

b. Testimonyof the Personal Representative on behalf of the DetNnee.

4. Rulings by the Tribunal on Detainee Requests for Evidence or Witnesses

The Detainee requested no witnesses and requested no documentsbe produced as evidence; therefore, no rulings on these matters were required. UNCLASSIFIED//FOUO ~SN ~ Enclosure(I) Page1 of 3 1831 UNCLASSIFIED/fFOUO

5. Discussion of Unclassified Evidence

The Tribunal considered the following unclassified evidence in makingits determinations:

a. The Recorder offered Exhibits R-t through R-3 into evidence during the unclassified portion of the proceeding. Exhibit R-1 is the Unclassified Summaryof Evidence. Whilethis summaryis helpful in that it provides a broad outline of what the Tribunal can expect to see, it is not persuasivein that it provides conclusorystatements without supporting unclassified evidence. Exhibit R-2 is the FBI Request for Redaction of National Security Information and provided no usable evidence. Exhibit R-3 is a newspaperarticle dated 19 May2003 taken fzom the Buffalo Newsentitled "Suspected al QaidaRecruiters Center of Probe." Whilethis article was of interest and helped identify the Detainee’s whereaboutsin 2001, it cannot be considered conclusive in and of itself without supporting evidence. Accordingly,the Tribunal had to look to classified exhibits for support of Exhibits R-1 and R-3.

b. Essentially the only unclassified evidencethe Tribunal had to consider was the Detainee’s responses to the Unclassified Summaryof Evidencein Exhibit R-t as provided by the Personal Representative, guided by his interview notes with the Detainee. The Personal Representative’s notes of his interview with the Detainee are attached as Exhibit D-b. In sum, the Detainee proclaims he is innocent, has never been to Tora Bora and that he does not want to be confusedwith al Qaida.

The Tribunal also relied on certain classified evidence in reaching its decision. A discussion of the classified evidence is found in Enclosure(2) to the CombatantStatus ReviewTribunal Decision Report.

6. Consultations with the CSRTLegal Advisor

Noissues arose during the course of this hearing that required consultation with the CSRTlegal advisor.

7. Conclusions of the Tribunal

UponcarefiA review of all the evidence presented in this matter, the Tribunal makesthe following determinations:

a. The Detainee was mentally and physically capable of participating in the proceeding. No medical or mental health evaluation was requested or deemednecessary.

b. Althoughhe did not actively participate in the Tribunal process, there wasno reason to believe he did not understandthis process before choosingnot to participate in it, as indicated in Exhibit D-a. It shouldbe noted that, as indicated on this exhibit and as

UNCLASSIFIED//FOUO ISN Enclosure Page2 of 3 1832 UNCLASSIFIED//FOUO explained by the Personal Representative, the Detainee was advised by an attorney and the International RedCross that he should not participate in the Tribunals because they were "not legal."

c. The Detainee is properly classified as an enemycombatant and is a memberof al Qaida, that had affiliation with, and was supportive of, Taliban forces engagedin hostilities against the UnitedStates and/or its coalition partners.

8, Dissenting Tribunal Member’sreport

None. The Tribunal reached a unanimousdecision.

Respectfully submitted,

Tribunal President

UNCLASSIFIED//FOUO ISN ~ En~losur~(1) Page~ of~ 1833 DETAINEE ELECTION FORM

Date: 28 Sept 2004 Start Time: 1300 hrs End Time: 1600 hrs

ISN#: a

Personal Representative: - - (Name/Rank)

Translator Required? YES Language? ARABIC

CSRTProcedure Read to Detainee or Written Copy Read by Detainee? READTO HIM

Detainee Election:

[] Wants to Participate in Tribunal

[] Affirmatively Declines to Participate in Tribunal

[] Uncooperative or Unresponsive

Personal Representative Comments: Initially, I met with the detainee and he i~dicated that he wouldtake the Muslimoath, orally respond to the unclassified summaryand answer questions. He did not want to call witnesses. On30 September2004, I met with the detainee a second time and he relayed the following to me. He had met with an Attorney and the International Red Cross and they had advised him that the Tribunals were not legal and that he should not participate. He then decidednot to attend the Tribunal. He did answer questions and told methat I could relay his answers to the Tribunal.

Personal Representative:

UNCLASSIFIED/~OUO Exhibit_~_2_~__1834 FOUO

RecorderExhibit List For ISN~

# Title Summary Classification R1 Unclassified Summary UNCLASSIFIED Redaction of National Security UNCLASSIFIED Information Buffalo Six NewsArticle UNCLASSIFIED R4 ACIC Summary SECRET//NOFORN R5 FBI 302 dtd 04 Apr 02 3.a.6 FOUO/LES 3.a.8

R6 FBI 302 dtd 07 Jun 02 3.a.1 FOUO/LES 3.a.2 3.a.3 3 .a.4 3.a.5 R7 II~ 6 034 1322 03 dtd 16 Sept 03 3.a.7 SECRET//NOFORN R8 IIR 6 034 0786 03 dtd 18 Apr 03 3.a.1 SECRET//NOFORN R9 034 1430 03 dtd 13 Sept 03 SECRET//NOFORN Form 40 dtd 14Nov 02 3.a.1 FOUO/LES R10 3.a.2 3 .a.4 3.a.5 Rll Form40 dtd 21 Jan 03 FOUO/LES 3.a.2 3.a.3 R12 Form40 dtd 22 Apr 04 3.a.1 FOUO/LES R13 FBISTREPdtd 25 May 03 SECRET//NOFORN R14 JTF GTMO-CGMemorandum dtd 11 Jan SECRET 03 R15 JTF GTMO-CGMemorandum dtd 21 Jan SECRET 03 R16 EnemyCombatant Review Chec "klist SECRET//NOFORN R17 JTF GTMOBaseball Card SECRET/~OFORN R18 FBI 302 dtd 05 Juan 03 FOUO/LES

FOUO 1835 Combatant Status Review Board

TO: Tribunal Member

FROM:OIC, CSRT(14 September 2004)

Subject: Summaryof Evidence for Combatant Status Review Tribunal - AL DOSARI,Juma MohammadAbdull Lat~

1. Under the provisions of the Secretary of the Na~2¢Memorandum, dated 29 July 2004, Implementation of CombatantStatus Review Tribunal Procedures for EnemyCombatants Detained at GuantanamoBay Naval Base Cuba, a Tribunal has been appointed to review the detainee’s designation as an enemycombatant.

2. An enemycombatant has been defined as "an individual whowas part of or supporting the Taliban or al Qaedaforces, or associated forces that are engagedin hostilities against the United States or its coalition partners. This includes any person whocommitted a belligerent act or has directly supportedhostilities in aid of enemyarmed forces."

3. The United States Governmenthas previously determined that the detainee is an enemy combatant. This determination is based on information possessed by the United States that indicates that the detainee is a memberofal Qaeda. a. The detainee is memberofal Qaeda: 1. Detainee traveled from his homein Saudi Arabia to Afghanistan in 1989 using an Arab gnest house in Pakistan. In Afghanistanthe detainee ~xalnedat the al-Siddeek training campwhere he received instruction on the AK-47.

2. The Detaineetraveled to Bosniain 1995to participate in the jihad in exchangefor 7- 10,000 Saudi Riyals. 3. TheDetainee stated that he traveled to B aku, Azerbaij an in 1996to join other Aribs and to fight in Chechnya. 4. The Detainee was arrested by Saudi authorities for questioning in the KhobarTowers bombingin 1996.

5. The detainee obtained a passport from Bahrain after his Saudi passport was revoked. 6. The detainee traveled from the United States to Afghanistanvia Bahrain and Iran in November 2001.

7. The detainee was present at Tora Bora.

8. The detainee crossed the border fi:om Afghanistan to Pakistan in December2001 with neither documentationnor authority and surrendered to Pakistani authorities.

Exhibit1836 4. The detainee has the opportunity to contest his designation as an enemycombatant. The Tribunal will endeavorto arrange for the presence of any reasonably available witnesses or evidence that the detainee desires to call or introduce to prove that he is not an enemycombatant. The Tribunal President will determine the reasonable availability of evidence or witnesses.

1837 Memorandum

To Department of Defense DaM 09/14/2004 Office of Administrative Review for Detained Enemy Combatants Col. David Taylor, OIC, CSRT

From FBI GTMO ~ Count_er t e~gF~9_~_g~[~

OSC~ REQUEST FOR REDACTION OF NATIONAL SECURITY INFORMATION

Pursuant to the Secretary of the Navy Order of 29 July 2004, Implementation of Combatant Review Tribunal Procedures for Enemy Combatants Detained at Guantanamo Bay Naval Base, Cuba, Section D, paragraph 2, the FBI requests redaction of the information herein marked x, The FBI makes this request on the basis that said information relates to the national security of the United States ~. Inappropriate dissemination of said information could damage the national security of the United States and compromise ongoing FBI investigations.

CERTIFICATION THAT REDACTED INFORMATION DOES NOT SUPPORT A DETERMINATION THAT THE DETAINEE IS NOT AN ENEMY COMBATANT

The FBI certifies the aforementioned redaction contains no information that would support a determination that the detainee is not an enemy co~atant.

The following documents relative to ISN~ have been redacted by the FBI and provided to the OARDEC, GTMO:

FD-302 dated 04/04/2002 FD-302 dated 06/07/2002

iRedactions are ~lackened out on the OARDEC provided FBI document.

aSee Executive Order 12958

Exhibit 1838 Memorandum from ~ .... - ,~- to Col. David Taylor Re: REQUEST FOR REDACTION, 09/14/2004

If you need additional assistance 91ease contact On Scene Commander’ zst

121

1839 Memorandum

To Department of Defense Dm~ 09/24/2004 Office of Administrative Review for Detained Enemy Combatants Col. David Taylor, OIC, CSRT

FBI GTMO Counterterrorism Division

S~ject REQUEST FOR REDACTION OF NATIONAL SECURITY INFORMATION

Pursuant to the Secretary of the Navy Order of 29 July 2004, Implementation of Combatant Review Tribunal Procedures for Enemy Combatants Detained at Guantanamo Bay Naval Base, Cuba, Section D, paragraph 2, the FBI requests redaction of the information herein marked1~ The FBI makes this request on the basis that said information relates to the national security of the United States ~. Inappropriate dissemination of said information could damage the national security of the United States and compromise ongoing FBI investigations.

CERTIFICATION THAT REDACTED INFORMATION DOES NOT SUPPORT A DETERMINATION THAT THE DETAINEE IS NOT AN ENEMY COMBATANT

The FBI certifies the aforementioned redaction contains no information that would support a determination that the detainee is not an enemy combatant.

The following documents relative to ISNm have been redacted by the EBI and provided to the 0ARDEC:

FD-302 dated 06/05/2003 FD-302 dated 06/12/2003

iRedactions are blackened out on the OARDEC provided FBI document.

2See Executive Order 12958

1840 Memorandum from ~o Col. David Taylor Re: REQUEST FOR REDACTION, 09/24/2004

If you need additional assistance, please contact Assistant General Counsel .gence Anal

1841 Front Page > City&Region > Southern Suburbs

Suspected aI-Qaida recruiters center of probe ~y O~,I~Fi~R~p.cI(~di.ou ,~llCH EL

In cafly 2001a mysteryman who called himself Jurn~ cameto Lacka~nna,drcala~ng ¯rough the Yemenite communi~and s~ing p~ ~ ~h his a~ ~1i ~ ~s n defense of ~e MuNimreligion.

He wasinvited to give a Friday sermonat Lackawanna’smosque, but the wordshe spoke them~vere SO full Of rageand p~l~cs that the mosque’selders told himhe wasnot welcome to speakthere again.

By the timehe left WesternNew York for good,shortly after the terrorist attacksof Sept.11, 2001,the manhad helped to create a world of trouble for six youngmen who would come to be known as the "Lackawanna Six." ~

The visitor was known only as Juma to most who met him here,~nna sources have identified him as~~~He is one of a numberof suspectedaI-Qaida recructers whoare the subjects~fe maa~teU.S. Justice Departmentinvestigation, hereand in o~ercities.

Federalagents want to knowwhat Amedcan cities the recruiters visited, howmany young menwere convinced to attend al-Qaidatraining camps,and most importantly, whetherany of

harshnational spotlight, andleft six youngmen facing p~son terms approximately totaling a half-esntury.Tl~e last defendantin the "LackawannaSix’ caseis expectedto follow the othersby taking a pleadeal today..

Yemeni-Amedcanslike AbroadJamfl, 74, an elder at the GuidanceMosque - formerly the Lackawannaislamic Mosque- deeplyregret that Jumacame to townand was able to sell impressionableyoung man on the idea of training with aI-Qaida.

"1 feel very bad. If I hads chanceto knowwhat he wasdoing, I wouldhave stopped what he wasdoing," Jamil said. "It disturbs memore than I couldtell you. Ouryoung men are going to jail.., andwe’re known all over the woddbecause of this."

"lfs terdble," addedKahied aI-Bakrl, the older brother of Mukhtaral-Bakd, the youngestof ¯ the Lackawannasuspects. ~h y playedwith his mind.I wish he neverwent to Afghanistan.", Firs

Sourcesfamiliar with Juma’eactivities in Lackawannasaid theynow believe he is in the http://www.buffal onews.com/editorial/20030519/1015458.asp Exhibit~ 1842 Buffalo News- Suspected al-Qaida recruiters center of’probe Page2 of 4

custodyof U.S.military authorities- pe~siblyat the secretivejail for terrorismsuspects at GuantanamoBay, Cuba.

U.S. AttorneyMichael A. Battle decline~to commenton that speculation,and in fact, refuses to discussJuma at all.

"1 can’t confirmor denyany information (about Juma)," Battle said. ’~/hat I cansay, without discussinganyone by name,is that the recruitersare of great interest to us. We’retrying to find out everythingwe can about them. We do believeit is possiblethat the peoplewho did the recruilJngfor aI-Qaidsin Lackawannadid the samething in other cities."

Madeto feel guilty

recruiting eff0rt with KamalDen,vish, an aI-Qaidaoperative wh0 was a formerLackawanna resident.

Officials in the Yementtecam munib/said Detwish, 29, is believedto havebeen killed in Yemenlast Novemberby a missile fired by a remote-controltsdaircraft usedby the Central Intelligence Agency.CIA officials haverefused to comment.

"Dervish and Jumawere the recruiters. Fromwhat wereheard, Derwishis deadand Juma maybe in federal custody,"said Palrick J. Brown,attorney for oneof the LackawannaSix defendants.

Supportsmof the six defendantssaid [3erwishand Juma used a "hard sell" approachin convincingaI-Bakri, Shafai A. MosedY’ahya A. Gobs,, Yasein A. Taherand SahimAlwan that a trip to the aI-Farooqtraining campin Afghanistanwould help them learn moreabout their religion andhow to defendit.

Trmsewho know the six meninsist they wereduped by the recruiters, andwould never have goneto the aI-Fareeqcamp if theyknew the purposewas to lrain for attacks on the United States.

"Theylaid a guilt trip on(Mosed)," Brown said. "Theytold himhow terrible it wasthat knewthe namesof Americansports stars, but couldn’t namesome of the prophetsin his own religion. Theytold himhe needed to train to protect Islam,which they said wasunder attack in placesall overthe wodd.

"Theydidn’t tel themthey wouldbe training for violenceagainst the U.S. Theytalked about Muslimwomen in Bosniabeing raped by the Serbs,and fetuses being cut out of their bodies, andthey told theseguys they needed to train andprepare to fight againstthtsgs like that."

Defenseattorneys JosephM. LaTona,Rodney O. Personius,John J. Mditsy andJames P. Harfingtonalso confirmedthat their clients - Galab,Taher, aI-Bakri and Alwan -were recruited by the teamof Den~shand Juma.

Juma,described by peoplewho met him as a charismaticfigure, roughly35 yearsold, was Introducedas a religious manwho had lived in Indiana.He made at least twovisits to Lackawanna,staying at Gaba’shouse down the street from the ~nosqueon k,~hlkasbarre Avenue.

Jumaand Derwishspent manyhours speakingto Gobsand other youngmen, in meetingsat Goba’ehouse and other locations. Manyof the youngmen who were approached had close ties to the mosque.Among them was Alwan, the formerpresident of the mosque.

At onepoint in early 200.1,Juma was allowed to give a Friday sermonatthe Lackawanna masque,

Talk waspolitical in nature

http:llwww.buffalonews.comleditorial/20030519/lO15458.a~P 5/19/2003 1843 Buffalo News- Suspectedal-Qaida recruiters center of probe Page 3 of 4

Wearinga white robe andheaddress as he spokefor approximataty20 minutes, dumaspoke so stridently andangdly about wodd polilica that hewa~ not allowedto speakthere again, accordingto somamembers of the congregation.

Thetalk waspdiit~c~l in natureand was "unacceptable" for the mosquepulpit, said Mohamed Ali Saleh,acting presidentof the mosque.He explained that mosqueofficials #equenl]y allow visiting scholarsto speak,and adcled that heand others had no idea beforehandwhat dumawould talk about.

"He did not advocateviolence" dudng the talk, said Salah,who was present for the speech.

"His voicewas rising in anger.It wasmc~re of a political talk thanreligious. Someof the elders wereinfuriated," recalled Mohammad Albanna, vice presidentof the AmericanMuslim Council of WestamNawYodc

That did not stop Jurnaand Donnish from later meetingwith youngmen in Lackawanna

Ultimately,in April andMay of 2001,at I eastsix youngmen agreed to go andtrain with al- Qaida.Authorities are investigatingthe possibility that ether youngmen from Lackawanna ~lsc agreedto makethe trip.

"Theyhad many talks with Tabor.The trip to Afghanistanwas sold to himas a wayof saving his soul," Personiussaid. "Theywanted him to feel guilty aboLgtliving anAmerican lifestyle andnot learningmore about his religion. Theytalked aboutthe struggleto protect Islamand the ~stamway of life."

LaTonadesrdibed the menas"clever, manipulativeand peruueaJveguys.., whotook advantageof a person’sdevotion to Islam."

A "very typical’ scenario

meLsckawann~s censri0 wa~de~:ribed by,no ~errgri~mexPe~ as ’~very typical" of the methodsaI-Qalda and similar groupsusa to recruit potential terr0ristsi

"This is howthey do it," said RobertHeibel, s forrner deputychief of counterterrorismfor the F’B/whonow teaches at MercyhumtCetlege in Erie, Pa, "AJ-Qaidahas peoplewho wander from ci~ to city. Theygo to the mo=que~and Innk fnr p~oplewith radical ideas. They circutate in andout of the mosquesand look for peoplewho might be ~lling to ti~n with

Qaidarecruiting efforts in otherAmerican cities, but Heibelsaid he wouldnot besurprised if the ~o mendid seekrecruits elsewhere.

Federalcourt papersfiled In connectionwith Goba’splea deal in late Marchmentioned duma esverattimes, but not by name.

Thedocuments refer to a man- identified by other sour0esas duma- whostayed with Goba sometimebefore Gobsleft for Afghanistanin May2001, A~tar Gobsreturned ta Lackawanna in August2001, the samema~ stayed at Goba’shome again - leaving shortly after the terrorist attacksof Sept.11, 2001.

"Theman told Gobsthat he wantedto fight for the Talibanagainst the Americans,"federal prosecutorssaid in the court papers."Gobs believes that this manwas later capt~rsdby the Americansin Afghanistan."

Thewhole situation leavesLackawanna residents like AbroadNagi A/asri, 72, upsetthat the tentaclesof Osamabin Laden’stenorist organizationreached into their community.

http://www.buffalonews,com/editorial/20030519/1015458.asp 5/19/2003 1844 Buffalo News- Suspectedal-Qaida recruiters center of probe Page 4 of 4

"It’s no good.We don’t wantthose people here, ’~ Alosfi said, whenasked about the recruiters, "This is the UnitedStates. My home."

e-mail: [email protected] Imichef@b~news.com

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http ://www,buffalonews.comleditofial/20030519/lO15458.asp 5/19/2003 1845 ~ Interview Notes Juma MohammadAbdull Latif AI Dosari 1. All of Saudi Arabia went to Afghanistanduring this time; they even had the support of the Saudi government.The Saudi governmenteven paid for mytrip. Also, half of the population of Saudi Arabia has shot the AK-47,does that makethem all terrorists?

2. I didn’t go to Bosniafor Jihad. I went there for a blond white female, to get married.

3. I went to Azerbaijan to go back to Saudi Arabia, not to go to Chectmya.I traveled from Saudi Arabia to Azerbaljan. I give you money,go to Chechnya.His intention was to go there, get the moneyand get the hell out of there.

a. Question: Can you clarify whyyou went to Azerbaljan? (not clear in notes) b. Question: What moneyare you referring to? c. Question: Whosent you?

4. Whenthe Khobar Towerbombing happened, the Sandijalls were full of suspects. My governmentinvestigated memad they said in the end that they were sorry. Theytold me I could go. Everyonewas a suspect. Accordingto Saudi investigators at the time, Shias blew up the Towers. There is a big difference between Al Qaida and the Shias. It is a well-known fact that the Shias were captured at the Saudi and Syrian boarder carrying explosives. They found out those people they captured were related to the KhobarTowers attack. The jailers and interrogators told methat the Shia people were captured. I’m not trying to defend A1 Qaida, they did other explosions. I just don’t want this confusedwith Al Qaida.

5. I have had two passports up to now. Both Saudi Arabian and Bahrain delegations interrogated me and I have no problemwith either one. I got the Bahrain passport with the approval’of the Saudi Arabian governmentto keep both passports. It wasn’t illegal and I don’t understand what this has to do with A1 Qalda?

The United States had specific goals in Afghanistan. I didn’t go to military centers or military locations in Afghanistan.I had nothing to do with this stuff. I stayed awayfrom it. Wasthe United States going to bombeveryone in Afghanistan? There is no difference betweenpeople there. I’m the one whotold the interrogators this, I have nothing to hide. I went to Afghanistanat this time and there was nothing wrongwith it. I knowit was a sensitive time and I shouldn’t have doneit, but I don’t deserveto be put in jail just becauseI went to Afghanistan. what did I do? I went there whenI went from the United States to Bahrain. I didn’t have any money.My brother in law loaned me 10,000 riyad and he threatened mewith jail ifI didn’t pay him back because I had divorced his sister. If I’d knownhe woulddo that I wouldn’t have divorced her. I called a clerk in Saudi Arabia that I use to know. I told him mystory and that I need money.He told me that he knowsanother clerk whohas a lot of projects in Afghanistan. He said they were humanitarianprojects, building mosques,and schools for orphans, digg~g wells, etc. He told methat they are not sure howthese projects are progressing. He told mewe want you to go there and take pictures of the projects, and if you say things are OKwe will take your wordfor it because we trust you. If things are OK,we will send the clerk running the humanitarianprojects the rest of the moneyso he can finish them. For that, we will give you $5000 US, which was equal to 19000riyad. Youwill have to buy your airline ticket from the $5000and pay for

1846 Exhibit~ 261 Interview Notes Juma MohammadAbdull Latif A1 Dosari your expenses, but you can keep what is left over. I went to Afghanistanand stayed in the clerk’s house (the one running the humanitarianprojects) for the duration of myvisit. The wholetrip cost 4000 riyad, whichleft 15000riyad to pay offmybrother in law. [ didn’t go there to fight, I just neededthe money.Who was I going to fight for?

7. I just stayed in the house becausethe clerk I was staying with told methat ifI stepped outside the house I wouldbe killed. Theywere killing all Arabs. I don’t believe in fighting anyoneunless, for example, SaddenHussein tries to invade. I would fight him, under the Saudi Flag. However,I hate the military in general, and I don’t like fighting. In reality, if somethinghappened, I’d probably be the ~st to run. I’ve never been to Tora Bora, I’m positive about that.

Whois Pakistan to ask for there permission? Doyou think I’m going to ask for Pakistani permissionand wait for it until I’m killed in Afghanistan?No, I didn’t ask for permission, I fled. Before we fled, the clerk I was staying with suggested that I give him mypassport, papers and moneyincase someonesearches me, so they won’t knowI’m an Arab. I was in Kabul we he told me this. Wethen walked for 3 days to the Pakistan boarder. As we approachedthe boarder, this damnclerk said, "Ooops,I forgot your passport and I left you moneyat the house." It wouldhave been a three-day trip back to his house and another 3 days back to the board on foot. The trip to the boarder was very dangerousand I could have easily been killed. Plus it wouldhave been another 6 days of walking, ifI survived. I really had no other choice but to leave it, and I wasn’t very happyabout it. The clerk said after this valley, in 15 minutesor so, you will see the Pakistani check point. I wentto the Pakistani authorities and asked to see someonefrom the Bahrain embassybecause I was traveling under a Bahrain passport. Theysaid yeah, yeah but they took meto the United States authorities in Pakistan because I was an Arab. I see no problemwith Saudi or United States governmentinterrogators questioning mein Pakistan, but it was wrongto bring me here to Cubafor 3 years.

Miscellaneous Notes Claimshe has a "T3"file that says he is innocent Claims the same thing happened with the FBI, they told him he was innocent. ~ a female Interpreter told him so. Theyeven threw him a party and she cooked for him. o Proclaims he is innocent o Never been to Tora Bora

1847 UNCLASSI~IED/FOUO Detainee 261 Interview Notes 30 September 2004

1. In response to #3 of the unclassified summary,I want to Azerbaijan with a person from the United Arab Emirates. He told me, "Whatdo you think about going to Azerbaijan? I w~l take you with me and give you money."I was being offered a free Mpto Azerbaijan and money,so I said yes. Myintention was to sight see in Azerbaijan because I had never been there before. He wanted to take me with Nmto Azerbaijan as a travel companionand he asked me to go with him to Checknya, but I refused. He went on to Chechnyaby himself and I took the moneyhe promised and went home. I didn’t go to Chechnya;I went back hometo Saudi Arabia.

2. In response to the newspaperarticle, I did give that sermonbut I didn’t say, "Get up and go fight against the United States. I have a right to free speech, and I wasjust exercising myright with a fiery sermon.The accusationsin this article that I wasrecruiting for A1 Qaida is not true. Theyare not facts. IfI was A1Qaida, wouldI go to NewYork and says these things? I didn’t knowthese people and I didn’t knowwhat they think. I didn’t knowanything about them. Whywould anyone go to an open communityin the United States, whodoesn’t knowanyone, and tell the people there to go fight against the United States? I amnot that crazy and I amnot an enemyof the United States. I don’t have any problems/issueswith the United States. This is simple not true.

I watcheda newsstory related to this article, it was fromChannel 13 in Indiana. I’m going to press charges against them for destroying myreputation. This is an accusation that I refuse to accept. I amnot a memberof A1 Qaida. I did not encourageanyone to go fight with A1Qaida, and I had no relationship with A1Qaida. I like the United States and I’m not an enemy.I was in the wrongplace and the wrongtime.

LrNCLASSI~IED/FOUO "i~ 1848 IYNCLASSIFIED//FOUO

Personal Representative Review of the Record of Proceedings

I acknowledgethat on .~ October 2004 1 was provided the opportunity to review the record of proceedings for the CombatantStatus ReviewTribunal involving ISN #~

have no comments.

Mycomments are attached.

~ Major. USAF Name Date

SN ~,1~ Enclosure(5) UNCLASSIFIED//FOUO 1849