◆ SpookStack

‘To: Counterterrorism From: Berlin Re: 315N-WF-227135, 12/05/2003 Associate Judge Sakuth asked Fromm how the Al-Jazeera journalist had been able to travel to Afghanistan and find the Al-Qaeda leadership. . Fromm testified that it was described in the book. The journalist initially traveled to Pakistan where he waited for a telephone call. Thereafter, he was taken to a location where he was able to interview Binalshibh and KSM. Fromm had not seen the video of the interview, but he was familiar with the subsequent book. Fromm only knew the substance of the book's statements. Defense attorney Pinar noted that she had seen the video, but that one could not see the faces of the interview subjects. She asked Fromm whether he doubted the authenticity of the identities of the interview subjects. Fromm answered that he did not doubt the 7 identities of the interview subjects. In fact he had no doubts whatsoever regarding the authenticity of the statements made or the identities of the subjects. Chief Judge Rtthle asked if Fromm was basing his conclusions on the book by the Al-Jazeera journalist. Fromm said that it was so. The Chief Judge informed Fromm that he was unfamiliar with this interview, either on film or in book format. Fromm suggested that the court obtain excerpts of the interview from the Internet. The court then excused Fromm without requiring him to swear an oath to this testimony. Defense Motion to Dismiss the Indictment and Release the Defendant Defense attorney Michael Rosenthal advised the court that Fromm's testimony, which had been based upon carefully analyzed information, presented conclusions fundamentally contradicting the prosecutorial theory for the case. His testimony called into question not only whether the planning for the September 11th attacks had been formulated in Hamburg, but also whether such planning existed before or after 1999. If Fromm's testimony was correct, then the prosecution's Indictment was fundamentally flawed. Consequently, the defense was filing a Motion to Dismiss the Indictment and Release the Defendant from Custody. Chief Prosecutor Hemberger argued against a dismissal of the matter. Fromm's testimony should not mislead the court into concluding that the prosecution's Indictment was incorrect. His testimony was based upon conclusions which had no further bearing to the main elements of the underlying criminal offenses. 13