UNITED STATES v MAJID SHOUKAT KHAN ISN 10020 ) ) ) U.S. NAVAL STATION ) GUANTANAMO BAY, CUBA ) ) FEBRuARY 13,2012 OFFER FOR PRETRIAL AGREEMENT I, VIAJID SHOUKAT KHAN, ISN 10020, am presently the accused under military commission charges, dated February 13,2012. I read the charges and specifications alleged against me, and they have been explained to me by my defense counsel, Mr. J. Wells Dixon, Ms. Katya lestin, and LTC Jon Jackson, USAR. I understand the charges and specifications, and I am aware I have a legal and moral right to plead not guilty and to leave the Government with the burden of proying my guilt beyond a reasonable doubt by legal and competent evidence. Understandi the above, and under the conditions set forth belovi, and in consideration of agreement by the Convening Authority to approve a sentence in accord with the limitations set forth in Appendix A, I offer to plead guilty to all charges and specifications. The term --ConVening Authority" as used throughout this agreement includes any current or future official so designated by the Secretary of Defense. I understand that this Offer, if accepted by the Convening Authority, constitutes a binding agreement. I assert that I am, in fact, guilty of the offenses to which I am offering to plead guilty. I understand that this agreement permits the Government to avoid presentation in a military commission of sufficient evidence to prove my guilt. I offer to plead guilty because it will be in my best interest that the Convening Authority grant me the relief set forth above and in Appendix A. I understand that I waive my right to a trial of the facts and to be confronted by the witnesses against me, and my right to avoid self-incrimination insofar as a plea of guilty will incriminate me. In making this offer, I state that: 1. I am satisfied with the defense counsel, who advised me with respect to this Offer, and consider them competent to represent me in this tvlilitary Commission. 2. No person or persons made any attempt to force or coerce me into making this OiTer or to plead guilty. 3. My counsel fully advised me of the nature of the charges against me. my right to defend against them. any defense \\hich might apply. and the etfect of the guilty plea that I am offering to make. I fully understand their advice and the meaning, effect and consequences of this plea. Appellate E)(hibit 012 (Kh Page 1 ( 4. I understand that the signature of the Convening Authority to this Offer and to Appendix A will transform this offer il1to an agreement binding upon me and the Government. 5. I understand that I may \yithdraw my plea of guilty at any time before sentence is announced by the yfilitary Commission but not after and that if I do withdraw my plea of guilty, the agreement that may result from this Offer is canceled. Any sllch agreement \\ill also be canceled if any of the follO\\'ing occurs: a. Refusal of thc court to accept my plea of guilty, as set forth above. or modification of the plea during the trial to not guilty or to a lesser degree of guilt. b. Withdrawal by either party to the agreement before my guilty plea is accepted by the Military Judge. \vith the GowrI1ment on a stipulation of facts as discussed c. My failure to in paragraph 15 below. d. Failure or refusal by the Military Judge to delay the sentencing proceedings in this case until 4 years from the date the Military Judge accepts my guilty plea as set forth in paragraph 18 below. e. Failure or refusal of the Military Judge to instruct the members that the sentence to confinement adjudged for me shall be no less than years and no more than 40 years as discussed in paragraph 8 below. 6. I understand the Convening Authority'S obligation to approve a range of punishment as provided in Appendix A to this agreement may be canceled if I commit any offense chargeable under the M. C. A. between the announcement of sentence and the Convening Authority's approval of any sentence, or if I in any conduct. \';hich if committed by a member of the U.S. armed forces, \\ould be an offense under Sections 877 through 934 of Title 10 of the United States Code. 7. I understand that the Convening Authority has no power to affect my status as an alien unprivileged enemy belligerent, and does not purport to do so by the terms of this agreement. 8. To effect my agreement to a range of confinement, and after full and satisfactory consultation with my defense counseL I agree that, in accordance with RMC 705(b)(1), 705(b)(2)(f) and 1005(e)(l), the Government and I shall jointly request the ::Yfilitary Judge to instruct the members, prior to deliberation, that th~ sentence .to confinemel:t must be at ~east 25 years and -I\PPL"<>~ may not exceed 40 years, as reflected 111 AppendIX A. The penod of any I!H!ljW~g~ntence to tC:I;S~ confinement shall run from the date that the Military Judge accepts my guilty plea. ~ @ 9. I have been informed by my counsel of m)' post-trial and appellate rights and fully understand those rights. I knowingly_ voluntarily and expressly \\'aive all rights to appeal my conviction 2 Q§) ~ Appellate Exhibit 012 (Khan) Page 2 of 7 sentence, or confinement except as provided in this agreement. I n particular. and \vithont limitation. I may bring a post conviction claim ifany sentence is imposed in violation of the sentencing limitation provisions contained in this Offer and Appendix A. I shall execute whatever documents may be necessary to implement this paragraph and any other provision of this Offer or the Appendix. including lvlilitary Commissions Form 30 and any appellate rights statements, as provided in R.M.C. 1110. 10. I also understand that I may have a right to attack the conviction and/or sentence imposed collaterally on the grounds that it was imposed in violation of the Constitution or la\\'s of the United States, that I received ineffective assistance from my counsel that the Court was without proper jurisdiction, or that the conviction and/or sentence was otherwise subject to collateral attack. I understand such an attack is usually brought through a motion pursuant to Title 28, United States Code, Section 2255. I have reviewed Section 2255 with my counsel, and understand my rights under the statute. Understanding those rights, and having thoroughly discllssed those rights \\'ith my counsel, I knowingly and voluntarily waive my right to collaterally attack my conviction and/or sentence, except as provided in this agreement. 11. Once my guilty plea is accepted, I will not initiate any legal claims against the United States Government, any United States Government Agency or official, or any civilian or civilian agency regarding my capture, detention, or confinement conditions prior to my plea. I further agree to \vithclraw or dismiss without prejudice any pending litigation regarding my capture, detention. confinement conditions, or alien unlawful enemy combatant or alien unlawful enemy belligerent status. Notwithstanding the foregoing or any other provision of this Offer or Appendix A, after I have served any unsuspended portion of an approved sentence to continement, I retain the right to seek release from the appropriate United States authorities by challenging m)' continued detention, ifany, through a petition for a writ of habeas corpus or other available remedies. 12. I waive my right to any discovery beyond what the Government is obligated to provide pursuant to R.M.C. 701 (b)(l) and 701(d). I additionally waive any request for forensic or scientific testing of any physical evidence in the Government's possession. The Government may dispose of any physical evidence upon completion of any appellate processes not waived by this agreement or otherwise available to me. 13. I agree to cooperate fully and truthfully with the Government This cooperation includes. but is not limited to, providing complete and accurate information in interviews, depositions, and testimony wherever and whenever requested by prosecutors from the Office of Military Commissions. the United States Department of Justice. United States law enforcement, military, or intelligence authorities while in enited States custody. I agree that the Government may interview me \vithout the presence of my counsel. However. the Government \vill provide my counsel \\'ith reasonable notice of and the opportunity to be present for any testimony by me under oath. 14. Should I commit any additional offense, before or after the acceptance of my guilty plea. I will be subject to prosecution for those offenses before any court having jurisdiction over me. 3 Appellate Exhibit 012 (Khan) Page 3 of 7 15. I have el1lered into a stipulation of fact with the Government (Attachment A). I understand that I have an absolute right to refuse to enter into this stipulation of fact: however. I knowingly and yoluntari Iy agree to enter into this stipulation of fact. I understand that I may not ordinarily attack. contradict. or otherwise challenge the stipulation of fact. If I do so, on my own or through counsel, the Com'ening Authority may withdra\\' from this agreement. I have discussed this decision vvith my counsel and believe it is in my best interest to enter into this stipulation of fact. 16. I agree that the stipulation of fact will be used to determine my guilt and to assist in the determination of my sentence. I have read and fully understand the stipulation of fact and have discussed it with my counsel. This stipulation of fact is a fair and accurate summary of the facts supporting all charges and specifications to which I am pleading guilty. The facts to \vhich I am stipulating, but was not a direct party, are a fair and accurate summary of those facts, to the best of my knowledge, and I acknowledge that the Government could prove those facts beyond a reasonable doubt. The Military Commission may rely on this document to determine my guilt and to determine an appropriate sentence along with all ma.tters presented during the sentencing hearing in this case. The Government and I (through counsel) will offer the stipulation of fact, unopposed, to the Military Commission. 17. I knowingly and voluntarily waive the time periods enumerated in R.M.C. 707(a)(2). 18. I shall join the Government in requesting that the Military Judge delay the sentencing proceedings in my case until four (4) years from the date the Military Judge accepts my guilty plea, in order to allow me to cooperate with the Government. 19. The Government. in its discretion, may request that the Military Judge schedule my sentencing proceedings before the expiration of four (4) years from the date the Military Judge accepts my guilty plea. Should the Government seek to accelerate the date of my sentencing proceedings in this manner, the Government will provide 90 days notice before the proposed date of the proceedings to my counsel. 20. I understand the panel of members of the Military Commission will determine the sentence, not the Convening Authority. I also understand that the offenses to which I am pleading guilty would carry the following maximum penalties in my case in the absence of this agreement: Confinement for life; .I 4 Appellate Exhibit 012 (Khan) Page 4 of 7 21, The Government and defense may call live witnesses and present evidence, subject to any rulings by the ~vlilitary Judge. regarding matters in aggravation and mitigation for sentencing consideration. 22, I will not offer live testimony of any detainee held at Lnited States Naval Station Guantanamo Bav. 23. I wi II not reta in or present at a sentenc ing heari ng more than two expert consultants or witnesses at Government expense, the Convening Authority will consider m)' request for an expert witness in accordance with the Rules for \1ilitary Commissions. 24. I may submit written sworn or unsworn statements during the sentencing hearing. 25. Should 1 or the Government seek to introduce any classified evidence during my sentencing procedures, M.C.R.E. 505 and 506 will apply. 26. Once this Offer is accepted, and as a continuing obligation after the Military Judge has accepted m)' guilty plea, I agree that I will not disclose, in any form. in any manner, or by any means, any classified United States Government information, except to my cleared defense counsel during the course of my re presentation or to the Military COlllm ission as information in mitigation at sentenc ing as provided in paragraphs 20 and 24 above. Such classified information includes any information regarding my capture, detention, confinement, locations of my confinement or detention, or identifying information concerning any Government employee, law enforcement officer, or intelligence officer, including any physical description or any other information from which identity could be inferred or otherwise determined. Such classified information also includes any information regarding the capture, detention, confinement, locations of detention or confinement of other detainees currently held at the United States Naval Base at Guantanamo, Bay Cuba, or such information regarding other detainees that I may have learned since my capture. I further understand and acknowledge that if I do make such a disclosure or disclosures, it will constitute a material breach of the conditions of the plea agreement and that the Convening Authority will be free to pursue its rel11ed ies for such breach as set forth in th is agreement. 27. The Convening Authority has no power to control the location or conditions of my detention or confinement, to release me from military or civilian detention or confinement after taking action on any adjudged sentence against me, or to compel the lJnited States to release me from my detention as an alien unprivi leged enemy belligerent. Pursuant to Regulation for Trial by Military Commission Chapter 12, Section 12-7(c), the Convening Authority agrees to make recommendations regarding the conditions of my detention. between now and the time I am sentenced, to JTF-GTMO. The Convening Authority will recommend to JFT-GTMO that, as long as I am fully and truthfully cooperating with the Government as required by this agreement, I should not be detained at Camp 7 and should be detained at a facility consistent with the detention conditions appropriate for law of \\ar detainees and no more austere than my detention conditions at Camp 7. Pursuant to Regulation for Trial by Military Commission Chapter 12, Section 12-7(c), JTF-GTMO's failure to comply with this recommendation does not render the agreement voidable and is not grounds for me to withdraw from this agreement. 5 Appellate Exhibit 012 (Khan: Page 5 of j 28. If this Offer is not accepted by the Convening Authority. if the Convening Authority or I \\ithdraw from this agreement. or if the COl1\ening Authority terminates this agreement. this Offer. Appendix and 111) prO\idence inquiry cannot be used to establish my guilt concerning any of the offenses with which' have been charged in this case. 29. Before the :-vlilitary Judge accepts my guilty plea. I may change or withdnm that plea. After the Military Judge accepts my guilty plea, but before an adjudged sentence is announced. I may seek permission from the Military Judge to change or withdraw any portion of my plea. and the Military Judge. in his or her discretion, may permit me to do so. If I change or withdraw my guilty plea. the Convening Authority may terminate this agreement. 30. The statements contained within this Offer and the attached Appendix contain all of the terms, conditions, and other provisions that represent the entire agreement with the Convening Authority. There are no other inducements that are not expressly contained in this agreement that affect my offer to plead guilty. Any modification of this agreement shall be effective only if made in writing and signed by the Convening Authority and me. 3 I. The Government agrees that after the announcement of my sentence by the Military Commission, no further criminal charges will be brought against me pursuant to the Military Commissions Act of 2009 for my role in the offenses described in the stipulation of fact that I have entered into with the Government (Attachment A). I understand that if any agreement resulting from this Offer is canceled for any reason stated above, this Offer cannot be used against me in any ,",vay or at any time to establish my guilt of the offense(s). and the limitations upon disposition of my case set forth in Appendix A will have no effect. 6 Appellate Exhibit 012 (Khan) Page 6 of 7 This document and Appendix A include all of tile terms of this offer to plead guilty and no other inducements havc been made by thc Convening Authority or any other person that aHect my offer to plead guilty, ~_lJ"~"l.L Date We certify we gave the accused the advice referred to above, we explained to him the elements ofehe offense(s) and \\e witnessed his voluntary signature to this offer for a pretrial agreement. Mr. . r ~ Dixon Member of the bar of ----, ~ ... - ~4--- Ms, Katya Jestin Member of the bar of DJte 1\.1. Y. --;:::-~ -/;:~ ~-- r-'~"/ , onJ;;:Cj9;~;u AR-- Date J Certifiedullder Article 27(b) ljCv1J 7 recommend (acceptance) (reip.A'j'()n) of this offer. ~~':..c... _~"( I t~_ Dat~ ~~c.~~~ • \ L~al Advisor to the Convening Authority The foregoing instrument. including Appendix A. dated## is accepted 6-.jee!etI). f 6 Ll II,/;( I~Y'/ / './ ~-" " Bruce ~lacDonald , Convel1lng Authortty ~- _/ /"-'\ ; // ' ,/ ',~-~' 7 Appellate Exhibit 012 (Khan) Page 7 of 7 L'NlilwiiD Oi? 5X Oi?: MAJID KHAN this Stipulation oi" Fact is entered into by the Prosecution and Defense knowingly and Voluntarin in the case of ignited States V. Majid Shotilt?at Khan (the Accused). it is hereby stipulated and agreed. by and between the Prosecution and Defense, with the express consent ot? the Accused, that the following facts are il?tic?f?. l. he Accused is an alien tinpriviieged enemy belligerent. as de?ned by the Commissions Act of2009 (YMCA). The Accused is. and has been at all times relet?artt to these proceedings. person subject to trial by military commission under Section 948C of the MCA. The Accused has never been a citizen ofthe United States and is therefore ?an "alien." 3. Accused is an ?enemy beiligerent" because he [fittrposel?itlly and materially supported hostilities against the United States and its coalition partners. The Accused is an "imprix'ileged" belligerent because he does not fall Within one oii?the eight categories enumerated tinder :??\rticle 4 ofthc Genew Contention Reiative to the Treatment of Prisoners of War: He is not a member ofthe armed forces of a Part); to the conflict, including militia or volunteer corps iiorining part armed "forces; (2) He is not a member of some other militia or volunteer corps, including organized resistance movements, belonging to a Jarty to the con?ict and operating; in or outside their own territory. which must l?tiltiil the following. conditions: being commanded by a person responsible for his subordinates: t; b) hating a fixed distinctis'e Sign recognizabie at a distance; carrying arms openly; Conducting operations in accordance with the laws and customs of ?211?: He is not it member armed forces who profess ailegiance to a government or authority not recognized by the lQnited States: Prosecution Exhihit Page 1 of 3c: He did not accompany the armed forces without actually being a member thereof. such as eix'ilian members of military aircraft cren?s. contractors. and others nho have received authorization from the armed forces which they accompany from whom the}; receive some sort of identi?cation card: He is; not a member ofa merchant marine or civil aircraft eren ot?a Part}: to the con?ict: as; He is not an inhabitant ofa non~occupied territory who took up arms to resist inrading forces and who carried arms openly and respected the lane and customs oi" not". (7) He is; not a person ?who belonged to the armed forces ot?the occupied country and has been interned- after being: originally liberated. due to his allegiance to those armed forcesperson belonging; to one ofthe above categories who has been interned by a neutral or non?belligerent Power on its territory. The Accnsed?s Activities Took Place in the Context of and Were Associated with Hostilitics 3. in August P996. Usama bin Laden issued a public "Declaration of Holy War Against the Who are Occupying the Land of the Two Holy Places." in which he called for the murder ofUS. military personnel serving on the Arabian Peninsula. 4. In or about i?vlareh 1997'} in an interview with CNN, Usarna bin Laden promised to "drive Americans away from nil Musslim conntries,? and narned the US. "to get out? if it did "not want to have its sons ?who are in the army killed.? Usama bin Laden stated that he could "not gitnrantee? the ?safety? ol?US. cit?ilians since they were ?not exonerated from responsibilit)? for 15.8. foreign policy ?because they Chose the government and Voted for it despite their knowledge of its crimes." He promised that ifhis demands were he would send the US. "messages ?with no words becanse? the L153, President ?does not know? an); nords.? 5. On or about liebrnary l998. Usnina bin Laden and others, under the banner ot?w the ?International lslarnic Front for Jihad against the Jews and the Crusaders," issued a l?atnah (purported religious ruling) Claiming that it was "God?s order? and an "individual duty for erer3? Muslim? to "ltiil Americans wherever and whenever? found. The latwali directed all Mitslinis to ?kill the Americans and their allies. Civilians and military." 6. On or about: May 28? 199$ in an intertietx? with ABC News in Afghanistan. Drama bin Laden reiterated the February 1998 tinxrah's call for killing Americans. emphasizing that. "We do not differentiate between those dressed in military uniforms and civilians. ?they ere all targets in this l?attrah." L'snrna bin Laden l?nrther Stated that it PrQSecut?ion Exhibit: 001(Khai 2 Page 2 0H his demands were not met. a! Qc?ieu?o mould "send" to the LT. S, ?the wooden boxes and the coffins? containing "the corpses ot?American troops and the American civilians." Bin Laden also noted that "American civilians were asked to gather information on Muslims and obserrant Muslim youth and to comer it to the security section in the embassy." On or about May 39. 1998, Emma bin Laden issued a statement entitled, ?The Bornb oflslatn.? nnder the banner ofthe "international lslantic Front for Fighting Jews and Crusaders.? in which bin Laden stated that ?it is the duty ofthe Muslims to prepare as much force as possible to terrorize the enemies ofGodt" 8. The Accused?s activities occurred during the period of an armed con?ict between Quark; and the United States. 9. 'l?he Accused performed his actix'ities on behalf ofcr/ Quark; and n] cher/a associates and associated terrorist organizations. lti. The acts ofthe Accused described in this Stipulation otiFacts constituted or here substantially related to hostilities occurring dnritig an armed conflict. Overviett? of the Aeeused?s Criminal Activities 1 l. The Accused. a Pakistani national. resided with his family hear Baltimore. Maryland from l996 through 2002. Just one month after the September 1 l. 2001 terrorist attacks. the Accused applied for a United States ?Refugee Travel Document.? falsely claiming that he intended to trarel to Dubai and Saudi Arabia. in fact, the Accused intended to, and did, travel to Pakistan. One of his reasons for taking, this trip, in the immediate stake ofthe September 1 1, 20m attacks, was to explore the possibility of entering Afghanistan and front close terrorist associates, ?with whom he intended to meet upon arriving in Pakistan. as. lift. Nearly immediately upon arriving in Pakistan. the Accused offered to work for of Qua/u and was introduced to Khalid Sheikh hr?loltaninted The Accused ex?entually. identity and learned that he had been the architect ofthe September l. 2001 attacks and volunteered to work for hint. The Accused remained in Pakistan for approximately three months. During that short time frame. the Accused agreed to be a suicide bornber in a failed Qwerty plot to assassinate the former Pakistani president. took timer device training. The Accused also discussed ?with KSM several potential dcnnestic plots. including. poisoning water reservoirs and exploding underground gasoline storage tanks at American gas stations. KSM tasked the Accused with retnrning to the United States and gathering certain information before returning to Pakistan. The Accused returned to the United States. for approximately tire months. during. it?hich time. he gathered a limited amount of information for KSM and purchased a laptop computer for u/ chet/u. Upon his return to Pakistan, the Accused immediately resumed working for KSM and a! Quaint, and did so until he was arrested there in 2.003. Among other tasks he performed for a! Qa?reu?o during. this second trip, the Accused covertly itelis?ered 350.008 of of Queries money to erea?o associates? who Prosecution Exhibit: [mitle Page 3 of: ,3 the funds with other money that the} had raccix?cd from KSM for tcrrarist Operations. A portion of the funds that the Accusad delivered was used In bless; up the Harriett in Jakarta. lndancsia. an August 5. 2003. an attack. in which. alavcn people were killed and at lcast others acre injured During this time. the Accused also discussed with a plan ta return to the United States serve as an a] Quads: anrnt and to recruit to form a new call to conduct domestic oncrations. was thwarted only by his capture. The runways Radicalimtinn and First Travel In Pakistan 1 3. In WQG. the Accuscd catered United States illegally with other members. in July 1998. the Accused was granted deriratixc asylec status as an unmarried minar child when his mother?s pctitian tar was granted. 14. Thai Accused resided in 01' near Baltin?iara, h?lal'3'l21?d. from 1998 through August 2003. He graduated from Owings Mills High Schoal in June 1999. July 1999, the Accused tiled an applicatian to adjust his immigratiau status In perinanel?tt rcsidaat alien status. but ultimately left the United Statcs and hagan working far a] Qaada baton? achicx?iag that status. 15. in 2001, the Accused resided in the Baltimore area and commuted ta Northern Virginia. Where hr: worked for a caninany named Data SYSl??lljs (EDS) as an Oracle Databasc Administrator. The Accused becaatc more radical?zed in his \?iau? of Islam t?ollau?ng his mother?s daath in April 3001. and began attending, conferences in the United States sponsnred by an lslamic missionary nrgz?inization called Tablighi .larnaat 16. la 3000. the Accused met an individual namcd lyman Faris. afkfaf Abdul Ratth at the Accascds family home. After listening tn lymaa Paris speak abnut his time as a Muhaiidcen lighting against the Soviets. the Accused began thinking. aboutjihad. On September 1 l. 2001. the Accused was u'orlting as an Oracle database administratur an a high llaar Ora building. Incatcd in the Tt'san?s Garner. Virginia area when (it til hijacked four commercial airlincrs and deliberately crashed them. Two airliners crashed into the it"nrld Trade Center in New York City. New York, one crashed inta the Pentagen in Arlington. Virginia, and ane crashed inta a field in rural 18. "l?hc .?chuscd viewed the smoke rising train the Pentagram from his Office building in Tyson?s Corner. E9. Following the September '1 1. 2001 tcrrar?st attacks. the Accused began ta hecomc radicalizad and bccamc intcrestad in learning about jihad. tic sent and received computer crnail massages cuntaining "pro-Taliban? content. Examples include the l?bllnu?ing: Frasecution Exhibit {301(Khar page 4 Of 1 (at A September 2:3. 200i. email with the snb?iect Iinc. ?Iiitcrt'icw with hilallah Omar-must read!? Attached to the email was a transcript or a Voice: ol? America with Taliban leader Omar and an article from the website reporting that the United Statcs Dcpartment ol~ State had banned the Voice of Antcrica radio network from broadcaating the interview. In the interview. Mullah Omar described his i'casons for harboring Iisanta bin Laden and stated has creatcd the evil that is attaching it." The sender of the message \i'rotc. "Too had no one in the US will heai? this interview." The i-chnsed forwarded the message to others and to his own. personal email accotini. A November 20, 300l euniail with the subject Iinc, ?Pcacet?ttl army supported by USA and its coalition.? Attached to entail were ?king.? tiles entitled "Brutality." which contained photographs purporting to show the execution of ?I?aliban members, One photograph bore the notation, "This is what CNN. Bl3& [sic] and International Media Hiding from the world." In the body olthc the sender wrotc, "This is what the Northern Alliance is doing in Afghanistan. Ont: can easily judge who is brutal. Northern Alliance or Taliban. Taliban never behaved like this with Prisoners ol? War. It is a tort; shameful act from those who call thcin intislirns and thc)? are doing. this because USA is backing thorn. \Vhera are human-rights activities how? Plcasc toward this e?mail to as many people as you can as it will expose the realit?i?." 30. In October 2001, alter he had applicd for permanent alicn status. Accused sought information through his aboot the possibility ot?traveling to Pakistan to get married. Acctisetl?s employer informed him in an October IS, 3001 email that lawyer advised that returning. to the country from which his ohtaiited gist-"hint ?could be grounds to deny his permanent [application] If I . On Octobcr l6. 3001. the applied to the United Statcs Immigration and Naturalization Scrrice (INS) for a refugee trrn?el document, fraudulently claiming that he wanted to ll??tVC?l to Dubai to get married and than to Saudi Arabia for a pilgrimage. In tact. the :?chosed intended to travel to Pakistan. The Accused also falser claimed on his application for a travel document that he had never obtaincd a Pakistani passport. In fact. the Accused had obtained a Pakistani passport. at the Pakistani Embassy in ?i?ilashington. DC, in July 2000. The Accused rccaircd an 3] ret?tigcc travel doconicnt from INS on December 22. 200l. The I- 3] travel document was valid for one year and expired on December 22. 2002. "so. 3V In cart}; .ianttar)? 2002. the Accused sought a leave ol?ahsence from EDS and trat'cled to Pakistan. lwle departed tor Pakistan on January it. 3003. two it?eelts alter Prosecution Exhibit Page 5 of: 5 receiving; the l~ 3i li?ElVCl decunicnt. He did hat trat'cl directly in Pakistan. but trat'clcd instead through countries. 34. When he left for Pakistan. the Accused to do the t?sllaxi?ing: to get rnarricd: commence: a Malay Spiritual clcansing: the possibility 01? moving; to Afghanistan ta under Sharia law; and understand jihad. Prior to lcating tjnitcd States. the .w?iccascd kncn? that he would with closc assaciatcs af?liath with a tihadi organization while in Pakistan. 35. \V?hcn the Accused arrit'cd in Pakistan ha: with his jihadinaii?iliatcd assnciatcs. 26. hi or abdut January 2.003. in Pakistan. the Accuscd?s sistcr-in-law arranged for the Accused and his fathcr to with this l?atniiy at a high?ranking Pakistani General and associate of former Pakistani Prcsidcnt Musharrafin ordcr to explarc possibility of arranging a marriage the Accuscd and the Pakistani General?s daughter. 27. In or about .lanuarjr 2002, in Pakistan. the Accuscd advised an a! Qatar/a alliliatcd individual (CO-censpirator all) that Accused was going to meet the Pakistani General and his family. Cowanspirator til replied that he had a ?very important" man that he named the Accused t0 nicct. The Accuscd?s t0 Assassinatc the Former President of Pakistan 28. in .lanuartw 2002. Quark: associate .lat?iiar al Tayycr. t'isitcd Accuscd?s apartment in Karachi, Pakistan. where the inn viewed vidans QfLIsania bin Laden and discussed lslarn. The Accused \?icncd this meeting as an of his a! Qaet/(r. Subsequently, the Accused inct .laiil?ar al Tayycr on a number of occasions at a number u/ Quark: safe 39. In Or abnta January 2002. Cowconspirator ail introduccd the Accused to KSM for the first time. ?illhc Accused and on a street CQl?ilfi?l? in Karachi. Pakistan. Accused was introduced tn KSM who went l3}: the alias ??lwlafccz.? While the two \i'alkcd, 1418M discussed with the Accused his interest in PakiStani General and tasked Accused with assassing the security surrounding the General?s home and the Accused to report back to KSM. 30. In or abatit January 3003. Accused and some of his family members ?visited the home in Rawalpindi. Pakistan. and spent several hdtirs there. The Accused and his family met with the Pakistani General and his wills. Si. in or January 3003. immediately tpotl the :?chuscd?s rcturn from Visiting; this kistani General. liSM met with .--\ccuscd on the of Karachi. Pakistan. far a tints. .vkgain. the .Jtccuscd and KSM it?alkcd \t?hila they spoke. KSM asked Accused about the security measures at the Pakistani Ocncram hdnic. including it rather Prosecution Exhibit DOlthan 6 Page 6 of l; ?l i'isitt?n's~ bags were checked upon arriving. The Accused adi'ised KSM that he obseri'ed ho security measures. at the Generals home. 33. in or about January 2002. or near Karachi. Pakistan. the Accused and KSM diascuaaed a possible plot to sncalt a suicide bomber into the wedding between the Accuged and the Pakistani General?a daughter. KSM adrised the Accuged that he knew President .\ittaharrafwould be present at the wedding. and that objectii'e was to usgassinate .?xinsharraf at the wedding. 33. The arranged marriage betii?een the Accused and the Pakistani General?s daughter did not happen. and the Accused subsequently married another \t'omaii on February 26. 2003, 34. l3} in or about February 2002. the Acctiaed learned that KSM was a leader of "the brothers." a member oral Qaeda. and the planner of the 1 September 2001 terrorist attacks. 35. in or about January 2002 through February 2002. the Accused began to lean further toward wanting to participate in jihad. He behet?ed that he had Simth by his liliestyle in the United Statcg. and was Sincerely motivated to become a martyr. By Februar} 2003. the Accused has; ready to conipiete a ?job? (which the Accused understood to be a terroriSt operation} For Qrieri?d. 37. Alter his; February 26. 2002 marriage. the Accused traveled to initiate, Pakistan, for his honeymoon. While there. members ol?rii? Queda contacted the likccittseti and told hint to return to Karachi. The Accused complied. When he returned, he iearued that KSM was planning to aasassinate Preaident Musharraf. and that KSM wanted the Accuaed to at; a bomber in that attack. 38. 'i?he i-?tccused agreed to participate in a suicide operation and met with KSM in an a! Quark: sale house. in Karachi. Pakistan. on or about March 7, 2002. \VltEl?C many other high?ranking hf Qtiedri oi?l?icials \t?ere gathered. The Accused was; taught hour to operate a suicide test. The Accused spent the exerting. oi? N?larch 7. 2002 in the Karachi safe house where he observed lmiassan bin canarructing the auicide rest. The Accused linen lilaasan bin Attash to be al?t'iliated u?itli m? Q?ieci?ci. 39. The Accused awoke at the Karachi cafe house on the morning of March 8. 2002. and prepared for his Suicide migsion. He was enthusiastic about the operation. in the gate house. he recorded a Video. After driving his Wife to hit; family apartment in Karachi. the Accused adt?iaed his with that he might never return. 40. On March 8. 3002. the .~\ccused tit-t?x?ti?irf?l \Vith RSV and other 0/ Qatar?? members to a monque ii?here KSM thought Musharraf might attend. regularly discnased his desire to ltiil Musliari?a?l in the Accused}; presence. Prosecution Exhibit 0010912: 7 Page 7 of i at . 'l?he Accused donned a tire suicide rest was prepared to kill :?x-iusharrzd?. ?l?he est was outfitted with small hall hearings that would scatter upon detonation in order to create what the Accused called a "killing machine" that in?icts maximal death and damage. The ?used intended to kill Rinslnu?rafst the mosque. Musharraf never attired. \?t'hen not arrixc. KSM was visibly upset that the attempt failed and threw his cell phone. The Accuscti?s Support to Additional {11008110 Plots Alter the toiled plot against Musharraf. the returned to an Qoetz?rr safe house in Karachi. ?akistan. (in or about March 8. 2002. he and KSM discussed various plots for attacks on American soil. KSM was interested in the Accused because the Accused possessed valid US. trai?ei documents. spoke ?uent Urdu and English. and knew how to use computers. The advised KSh-?i that his family owned gas stations in the Baltimore. h-iarjrlond area. KSM and the Accused discussed a plot to simultaneously explode gas tanks at multiple gas stations in the United States. and KSM stated that such a plot nonld create chaos. 43. The Accused agreed and conspired with KSM. Ali til?Axis. All {All} and others to commit crimes during. his time in Karachi, Pakistan. and undertook certain acts to assist KSM. Ali. and others. to further the conspiracy. Speci?cally. the Accused began working for members oi?oi? Qua/(i and affiliated persons in January 3002 through .Vlarch 2003. including checking; Qwerty operations-11 email accounts and couriering messages {or of Qatar/ii operatives andz?or associates. From 2002 through 173003. in: Accused it'szii'ked to gain the and approval of KSNI and or? Qatar/rt. 4-4. in or about March. 200:2. KSM ordered the Accused to attend training. on the construction oliexpiosives tinting devices at a safe house in Karachi. Pakistan. The training lasted eight hours and was provided by Hosan Bin Attash and Jal?l?l?er Al Tayyer. if?. The training consisted ol? instruction on the construction of simple tinting. devices to he used as potential detonators. The Accused was directed to memorize the configuration ot?triring and tubing. and learn how to connect the dex?ice to a watch. the training. KSM tested the Accused on his knowledge ol?the timing devices. told the Accused that the detonators could he used for a future attack on gas station fuel storage tanks in the United States. 46. In the Acctised and KSM discussed nuclear desiccs. uroniant. a potential plot to open a front?cornpain? to sell poisoned medication to the United States. and plot to poison water resertoirs in the United States. They also discussed the possibility 1? opening an importiexport company to more explosives to the United States. On or about March EB. 3003. on the streets 01" Karachi. the Accused again met with H.531. During. this meeting. KSM instructed the .--\ecused to conduct research into the ot? blowing. up gas stations in the Lfnited States. the operation and maintenance ot? gas stations and incl tanks. and specifically the Accused to 8 Prosecution Exhibit page 8 mi: research government nndfor Federally associated gas stations. KSNI also instructed the Accused to research ways to poison water reservoirs close to ifnited States military installations and to research the feasibility ot?using intportfexnort businesses to import nuclear weapons and/or uranium to the L'nited States and to research shipping containers. 48. On March 21. 2003. the Accused traveled from Karachi. Pakistan. to Dulles International Airport. transiting; ?rst through Dubai, UAE. and Zurich, Switzerland. ?t?x'hen he returned to the lfnited States, the Accused \vent to nor-l; for his family?s gas stations in the Baltimore area. During. this time. the Accused observed and mersan~ the delivery of fuel to the can; station on a regular basis. The Accused rernnined in the Baltimore tired from unnroxintntelv March El. 2003 through August 1 l. 2002. 40. ?i?i?hile in the linited States between March 21. 2002 ?tt?iCl Angust l, 2002. the Accused remained in contect tvith various of Qneda members, :30. While in the United States. the Accused an ill) laptop that he intended to bring. back to Pakistan and protide to (if to use. The Accused provided the laptop to of eren?r: when he returned to Pakistan in Attgust 3002. 51. \V?hile in the United States between March El. 3003 and August 1 l. 3003. the Accnsed contacted the 'ijnited States Military and attempted to obtain recruiting materials from the United States hint}; '?l?ite Accused misrepresented that he was interested in enlisting: in the L'nited $trttes I?v?lilitnry. A United St?rttes Military recruiter traveled to the .l?tccused?s Baltimore residence to spettlt with hint ttbout enlisting. in fact. the Accused intended to bring the information he learned from military recruiters back to Pakistan to share with KSr?x-r?i and other members oral Qdeu?o. 52. The Accused intended and had reason to believe that the information he was collecting for KSM and other a! Qaedri members would be used to injure the Linited States. The Accused knew that KSNI and of Qatar/r: were enemies ofthe United States, and the Accused intended to deliver this information to them as such. 53. Between on or about ivlarch 2.1, 200.2 and on or about August 1 l. 2002, in or near Baltimore. \llaryland. the Accused attempted to recruit his brother to work for KSM and cr/ Qua/u. ?l?he Accused bragged to several family members and Friends that he had been working. with the "nitrialiideeii" while in Pakistan detailed some ofthe things he had done. including nearing. a suicide vent. He was careful never to use the terms "ci/ {jam/u. or specifically mention KSM in these discussions. in addition. the Accused began to assess several individuals in the Baltimore area for recruitment by of Qricc/ci. including a i?ottrteenwyeatwold boy. :14. Between on or about h?larch 31. 2002 and on or about August i l. 2002. in or near Baltimore, hilarvland, the Accused Showed his family friends several Lisamtt bin laden videos that he herd brought back with him from Pakistan. 9 Prosecution Exhibit OOElKhai We 9 55. in or rthout the Summer the Accused \t'ord from m? Qua/rt that he inns required hack in P2 kistan. The Accused told members ol? his family that "the Sheikh? ordered him to return to Pakistan. the some time. the Accurred was inrolt?ed in at disagreement \Vill'l his {other and decrded to return to lhrkistrm permanently. so. In July 3003. the Accused filled out tut for it renewed l~ 31 travel document. His original trn?t?el docrtiitent had not expired: rather. it had been taken by his: father. ?Wlto ttruited to preterit him from returning:I to l-i?nkistnn to continue working for a! Qaerkr. The ultinnttely did not mail the application. hirit?eud. he claimed that he no longer intended to work {or of Qatar/u. and thin: deceived his farther into returning his original lulEi trtit?el document. On i l. 3002. the Accused trnx?cled to Pakistan. once again flying. through Zurich. When he attired in Pakistan, the Aecrtsed met with KSM and reporer his progregr. The also offered to continue l?CSE?l?Cl?ritEg the gas station plot for KSM. KSi?v?l agreed. 58. While the Acenged nag in Pakistan the second time. he: performed tasks for a! gown: members. including and Ali. During thiS time. the witnegscd reourity measures: employed by KSM. Ali and other a/ Quad: members. For instance. the had at telephone number that he tiSrECl to determine \t?hother Ali needed his services on tiny gi?ren dirt. llihc got in contact with Ali. hr: was to unit at at specific- location. here Ali met him. The Accnried frequently drove Ali on a to a] Quinta trteerings around Karachi. Dining these trips. closed his eyes so than if he were nrrested and interrogated. he would not know where he had met various of Qrzerz?rr members. Ali instructed the Accused to drive 213 straight or; possible and Et?i?CtiCl ohserving landmz-rrks or road signs so that the Accused n-?onid also not be able to remember the route they took. During thiS period. and Ali were attempting to evade ertpturc from the United States and Pakistani otrthorities. 59. hi or about September 2002. the. Accooed met KSM in t1 hotel room in Pegltatt?ar. Pakistan. for approximately two den-'3. During. this meeting. KSM spoke to the Accused tor approximate eight hours. and told the :?\ccused that need him to some as on of chedu opet?rttix'e within the United States. KSM ?noted this: Accuged to become a new model for ?sleeper? agents in the United States bocause Accused was married. spoke ?uent English. had 2t t-?tilid LES. trnrel document. eottld maintain it low?pro?le. and easily assimilate without detection. The purpose of ?Sleeper? was to conduct a terrorist attack within the United Starter. Tl <3 Accused agreed with KSi?v?l?g plan. agreed to return to the hinted States to serve as 21 sleeper agent for KSM. and it?er committed to the idea. From in or about August 3002 through in or about March 2.003. the Accrued tutti liSfxl discussed the possibilitt of kidnapping the General. Prosecution Exhibit Page Of Qaeila?s Connection with Janina}: til. On or about 1996. Khalid Sheikh Moltansned (RSV) traveled to .?xialaysia and met with Ahdullah Sunghat? and Ahu Baht Ba?usyir. two leaders ofthe Southeast Asia? hased organizatit?nt. Jeanna? isfzanimi?i. During this meeting liShl convinced .i?xhdullah Sungltat and Aha Baht Ba?asyh? to trat'el to Afghanistan to meet with Lisanta bin Laden. rl?het'eal?tet?. KSM facilitated Ahdullah Sungltar and Ahu Baht? Ba?asyirs travel to .r?xl'ghanistan and a meeting; with Lisanta bin Laden. After meeting; with Lisanta bin laden. .-\hdullah Sungltar and Ahu Baler Ba?asyir told KSM that Lfsama bin Laden had advised them that a] Qua/u and Janina/i [.r/mnitu/t should tight together. The Accused?s Role in the August 2003 Bombing of the JAY. Marriot in Jakarta. Indonesia (32. In about 3002. .labat?ah, an operatix?e sent by KSM in?ll with Jamaal? indistinct}? leader linear} af'ltfa Riduan bin isotnuddin, afhfa l?i?lt?ti?tii (Hitl?ttball) in Thailand. stated that he planned to have his gs?oun eonduet small bombings against soft targets such as bass. cafes or frequented "?t??esterners? in Thiaiand. hi?ialaysia. Sigapore, Philippines and lndonesia, llan?ihali also stated that he had one {on ot?exnlosit?es in lndonesia. 63. hi or about January instructed his lieutenants, Mohd Farik Bin Ainin. afltz?a Zaid. Zuhair (Zuhair) and Mohd Nazir Bin Lep. silt/a! Lillie (Lillie), to travel from Hat ?t?ai, 'l?hailand to lilamhali?s location in Bangkok, Thailand. 64. Between about January 2002 and about June 2003. in or near Bangkok, Thailand. llambali provided Lillie and Zuhair with money to procure false identifications for 6:3. During the Aceused?s September 2002 meeting. with KSM in a Peshan?at" hotel room. KSM tasked the Accused with delivering 858.000 LSD in a! Quack: funds to Thailand. KSM Ot'ClCt?Ctl the aceusod to obtain a Thailand \?lSEt. to take his \x'ilfe on the. trip for ?cotter.? and to delit?ot the funds throngh the untraeeable hatter/ks system and delires' the money on the "black market" to mold detection and avoid carrying cash from Pakistan to Thailand. The .??xeeusad Viewed this assignment as his ?rst big "test" front KSM since returning to Pakistan in the Summer @2002. 66. in late 2002. Ali instructed the Accused to conduct lnternet research about tourist activities in Thailand so that the Accused could dress and "blend in? unnoticed. Ali also instructed the Accused to use his honeymoon as a ?corer story" for his trip to Thailand. in late 3002'. the Accused traveled with Ali to the Al~Ghuraha school. a ntadt?assa tor Southeast Asian students in Karachi. Pakistan. \?t'hile there, the Accused and Ali met with Rustnau (iunan'att- ultra: Abdul i-ladi. {Gunawan}. Gunau'an is ilantbali?s brother. \Yhilc there. Gunan?an wrote down some phone numbers. ineluding Zubair?s phone Prosecution Exhihit Chillthai Page 11 of Ti number in flihailand. and provided them to Ali. Ali subsequently provided the Accused with Zubair?s phone number and the phone number of a /mu'ci/ac/cu' in Bangkok. Thailand. 68. In or late 2002. Ounawan. who was located in or near Karachi. Pakistan. notilied Hambali that KSM was sending 850.000 USD to lilambali in 'l?hailand. In late 2002. Hambali told Zubair that they would be receiving 850.000 from u/ Qact/a. Zubair gave l-lambali his telephone number to pass on to the Accused so that the Accused could contact Zubair when the Accused arrived in Thailand. l-lambali told Zubair that the money was to be used for an ?operation.? such as a bombing or similar type 01? terrorist attack. 70. Although neither Ali nor KSM told the Accused what the money was intended tor, the Accused believed that the money was being used for a/ Qaec/a operational purposes (or terrorist attacks). This was consistent with the Accused?s plans: he volunteered to assist u/ Qaeda in this way. and would have delivered the money even had he been speci?cally been informed that it was for a terrorist operation that was intended to kill people. 7 1. On December 24. 2002 the Accused traveled with his wife from Karachi. Pakistan to Bangkok. Thailand. The Accused and his wife checked stayed at the So?tel Hotel in Bangkok. Thailand. from December 24 through December 29, 2002. 72. After he arrived in 'l?hailand. the Accused continued to communicate with Ali in coded email messages, and using code names. regarding the money delivery. In these messages, Ali again provided the Accused with Zubair?s phone number in Thailand and the phone number of the Bangkok-based limrc'i/ac/M'. 73. On December 26. 2002. the Accused received a message on the So?tel Hotel?s automated message system asking him to call "N?lr. Farooq" at a Thailand-based telephone number. The Accused called the phone number from his hotel room on or about December 28. 2002. Mr. li?arooq was a harm/calm from whom the Accused received a portion ot?the $50,000 cash. 74. The Accused received two separate Qaeda money deliveries from in Bangkok. Thailand. between December 26 and December 28 2002. totaling $50,000. 75. On or about December 28. 2002. the Accused telephoned Zubair and arranged to meet him at a set location in Bangkok. Thailand. At this meeting. the Accused delivered approximately 330.000 LSD to Zubair. The Accused and Zubair arranged to meet again later that day so the Accused could deliver the balance ol?the 850.000 to Zubair. 76. On or about December 28. 2002. Zubair and the Accused met a second time at a location in Bangkok. ?l"ht?tiland. The Accused delivered the remaining balance ot?the 550.000 LSD to Zubair. Before the Accused left the meeting. Zubair offered to give him Prosecution Exhibit 001(Kha 12 Page 12 of: a {on passports to take back to Pakistan. Because the Accused had not been told about this plan he chose not to accept the passports. On or about December :38, 2002. the Accused sent a coded c?inail message to Ali eonl?irming that he had successfully receii?ed the 3330.000 USE) from the liuii?rifodrzr. and that he was delit?ei'ing the money to Znhair. liter .-\ectised chose to leave Thailand with his with earlier than he had planned because he nos afraid someone was matching; him. \\'hen the Accused returned to Pakistan. he met nith Ali and told him about the money exchange and Zubair?s request that the .Xeeosed take the passports back to Pakistan. Ali told the Accused {ha-it he should have taken the passports 79. On or about December 29, 2002., at lw-lambali?s instruction. Zubair took the 350000 138D he received from the Accused to an apartment in or near Bangkok, 'llhailand. for sst?hkeeping. The apartment was shared by Zttb?tit? and Lillie 80. in or about January 2003, at Hambali?s instruction. Zubair met: with a second of Qaeda money courier in or near Bangkok. Thailand. At this meeting, the of Qaec?i?a money courier gate Zuhoir approximateiy $49,000 USD. Zubair took this money to the apartment he shared with Lillie in or near Bangkok for safekeeping. Lillie and Zubair co? mingled the funds that they had rcceix?ed from the the separate money couriers. 81.. In or about February 2003, in or near Bangkok lilantboli directed Lillie and Ziibair to take the money that they had received from the Accused and other conspirators and change it into other currencies. 82?. In or about Spring 3003., Lillie and Zubair each conducted several transactions at locations in or near Bangkok. through these transactions. Lillie and Zuhair exchanged portions oi? the money that they had received from the Accused and other conspirators into different currencies. 83. In or aboiit Spring 3003?, i-iarnbali directed Lillie to transfer a portion of the money that he and Zubair had changed into other enrreneies to lndonesia. lilanibali advised Lillie and anair that he (lilembali) was sending money to lndonesia for two reasons: l) to help fund an upcoming terrorist operation; and 2) to provide money to the families ofJesnoni?i members who had died as suicide operatix'es. or had been arrested in conneetion with the October 2002 bombings of multiple outside of the United States Consulate in Bali, lndonesia. 84. In or about Spring 3003i Lillie transferred the money to a tiellouw Malaysian and instructed him to hand?clelirer the money to indonesia: using. codes and code names toid Lillie that this mono}: was intended for Jifiif?i??i/t [slainhnh member Dr. bin lilussein :Vahari Prosecution Exhibit 001001;}: l3 Page 13 of] 8:3. in or about late Spring or early Summer 200.3. Janina/2 {?rearm}? associate Mohammed ELlif?d ismail (Ismail). received the money deliyered to him in Indonesia at lwlamhali?s instruction, 86. in or about .iurte 2003. liarnbali contacted Zubair. at or were: Bangkok. Thailand. and instructed him to remind Azahari that a portion olithe money that had been derived tron} the err-mingled funds. a portion of which had been deliyered to 'lihailand by the Aceused. and subsequently delivered to lndonesiam?as for ol?Jernaah kimono}; members and a portion rye-rs for a terrorist operation. 827. in or about late Sprint; or early Summer 2003. at the direction ofJemaair lslamiyah bomb~mal