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To: Counterterrorism From: Berlin Re: 315N-WF-227135, 12/05/2003 Attorney Schulz then asked Fromm who had checked the accuracy of the U.S. Congressional Report on September 11th. Fromm could not answer that question, and suggested that Schulz direct his question to the United States Government. Defense attorney Pinar asked Fromm what he would say if someone stated that the planning had not occurred in Afghanistan, but instead in Hamburg. Fromm testified that this would contradict the analysis and conclusions of the BfV. She now asked whether this was derived from "open" sources of information. Fromm testified that it was derived from all available "open" sources of information which had been evaluated. She then asked how probable was it that the idea for using aircraft as bombs for September ilth had been conceived in Hamburg before the trip to Afghanistan. Attorney Schulz objected to the form of ‘the question as being based upon probability factors. The Chief Judge overruled the objection and allowed the question to stand. Attorney Schulz asked the entire court panel to issue a formal ruling. The court now granted a short recess, while it deliberated. about the objection. When the court returned to the courtroom, the Chief Judge ruled that the question, of the likelihood of the Hamburg Group having conceived of utilizing aircraft as bombs before the Afghanistan trip, would be permitted to stand. Fromm now testified that he was only familiar with the BfV's own analysis and conclusions. He could not exclude the possibility that the idea had been conceived in Hamburg, but he could not say so with any specific degree of probability. Defense attorney Pinar asked whether there was any other analysis which had come to a different conclusion than the one presented by Fromm. Fromm testified that the BfV was unaware of any activities that were undertaken in Germany to prepare for the September llth attacks. The first indications of preparations for the September llth attacks came at the end of 1999 when the Hamburg Group members began to interest themselves in flight training. 11