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To: Counterterrorism From: Berlin Re: 315N-WF-227135, 12/05/2003 b6 b7C Chief Judge Rlihle then asked if Fromm was aware that Binalshibh had flown to Malaysia before his travels to Afghanistan, and whether Fromm could explain the significance of this fact. Fromm answered that he had no authority to testify further on this matter. The Chief Judge then asked whether Fromm could completely exclude the possibility that the idea and plan to use aircraft as bombs had existed before the group's trip to Afghanistan. Fromm said that this could not be completely discounted. Associate Judge (First Name Unknown) Sakuth then asked why they gave up on their plan to go to Chechnya. Fromm answered, "no," and added that he could give no further information. He then asked Fromm if he could explain the group's motivation for changing their plans. Again, Fromm answered, "no," and added that he could give no further information. Chief Judge Rlihle then asked Fromm what exactly he had meant with his answer, "no." He asked whether Fromm meant that he did not know the answer to the question, or that he was not authorized to provide an answer to that question. Fromm answered that if he provided any further explanation in his answers, then the court and the public would know what he did or did not know. Chief Judge Ruhle explained to Fromm that this was why he had been called as a witness before the court. Defense attorney Giil Pinar now complained to the court that it was treating Fromm differently than how it had treated the FBI witness. When the FBI witness had advised the court that he did not have the authority to testify on that matter, the court had only laughed and allowed him to continue. Chief Judge Rtthle informed Pinar that Special Agent had presented the court with a written authorization restricting his testimony to certain matters. Fromm now testified that he did not want to say further what he did or did not know. The Chief Judge explained that the issue revolved around whether he was or was not authorized to testify before the court on these matters. Fromm testified that he did not want to disclose matters about which someone would be able to deduce that his agency was in