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Context of 'September 1, 1995: Judge’s Ruling Ensures that Ali Mohamed Does Not Have to Testify in Trial, Even Though Prosecution Knows Where He Is'

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Egyptian militants open fire on Egyptian President Anwar Sadat.
Egyptian militants open fire on Egyptian President Anwar Sadat. [Source: Public domain]Ali Mohamed is a major in the Egyptian army. He is highly educated, speaking several languages and possessing two bachelor’s degrees and a master’s degree. In 1981 he was taking part in a special program for foreign officers at the US Army Special Forces school at Fort Bragg, North Carolina, while soldiers with radical Islamic beliefs from his Egyptian army unit assassinated Egyptian President Anwar Sadat. He is forced to quit in early 1984 on suspicions of becoming too religious. He approaches the CIA in Egypt and volunteers to be a spy. The CIA accepts, and he makes contact in Germany with a branch of Hezbollah, the Middle Eastern militant group. The CIA has claimed that Mohamed secretly tells Hezbollah members that he is working with the CIA, but the CIA quickly discovers this. The CIA supposedly suspects he wanted to help Hezbollah spy on the CIA and cuts off all further ties with him and tries to stop him from coming to the US. [New York Times, 12/1/1998; San Francisco Chronicle, 11/4/2001; Wall Street Journal, 11/26/2001] But there will be claims that Mohamed then will come to the US through a secret CIA program. If true, this would cast doubt on the CIA’s account of their interaction with Mohamed (see September 1985).

Entity Tags: Hezbollah, Ali Mohamed, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Ali Mohamed, in one of the US military videos he helped create. In the lower picture, he is in the center, chairing a discussion on the Middle East with other US army officers.Ali Mohamed, in one of the US military videos he helped create. In the lower picture, he is in the center, chairing a discussion on the Middle East with other US army officers. [Source: US Army via CNN]Ali Mohamed enlists in the US Army and is posted to Fort Bragg, North Carolina. (He had taken part in a special program for foreign officers at Fort Bragg when he was a major in the Egyptian army in 1981 (see 1984)). He works first as a supply sergeant for a Green Beret unit, and then as an instructor at the John F. Kennedy Special Warfare School. Fort Bragg is no ordinary military base—one newspaper calls it the “US military’s top warfare planning center.” Mohamed will steal numerous top secret documents and pass them to al-Qaeda (see November 5, 1990). [San Francisco Chronicle, 11/4/2001; Raleigh News and Observer, 11/13/2001] Mohamed trains and lectures soldiers being deployed to the Middle East on the region’s culture and politics. He also produces and appears in training videotapes about the Middle East. In one tape, he asserts that devout Muslims are widely misunderstood. “The term of fundamentalism scares people in the West. Everybody when he hears fundamentalist, he thinks about armed struggle. He thinks about radicals. He thinks about groups that are carrying weapons. The word fundamentalism does not mean extremism. It means just that ordinary Muslims accept everything—that this is my way.” One of his supervisors is Col. Norvell De Atkine, who later will say of Mohamed, “I don’t think he was anti-American. He was what I would call a Muslim fundamentalist, which isn’t a bomb thrower. I would not put him in that category.” [New York Times, 10/30/1998] De Atkine is an expert on the Middle East and on the political aspects of military operations. In one of his articles he will praise the propaganda preparation for the Gulf War. [American Diplomacy, 1999] De Atkine will also contribute articles to Middle East Forum, an aggressively neoconservative and pro-Israeli journal edited by Daniel Pipes. One of these, a denunciation of leftist and Arab influences in academia, will be written together with Pipes. [Academic Questions, 1995]

Entity Tags: Norvell De Atkine, Ali Mohamed

Timeline Tags: Complete 911 Timeline

1990: Ali Mohamed Becomes Informant for FBI

Ali Mohamed, an al-Qaeda operative recently discharged from the US army (see November 1989), becomes an informant for the FBI. He applies to be an translator at FBI offices in Charlotte, North Carolina, and San Francisco, and is turned down. However, the San Francisco office hires him to be an informant to help expose a local document forging conspiracy that possibly involves members of Hamas. [Miller, Stone, and Mitchell, 2002, pp. 144] Mohamed will continue to have connections with the FBI for much of the rest of the 1990s while also running an al-Qaeda cell in California.

Entity Tags: Ali Mohamed, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb.Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb. [Source: National Geographic]Eight people are arrested, foiling a plot to bomb several New York City landmarks. The targets were the United Nations building, 26 Federal Plaza, and the Lincoln and Holland tunnels. This is known as the “Landmarks” or “Day of Terror” plot. The plotters are connected to Ramzi Yousef and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. If the bombing, planned for later in the year, had been successful, thousands would have died. An FBI informant named Emad Salem had infiltrated the group, gathering information that leads to arrests of the plotters (see April 23, 1993). [US Congress, 7/24/2003] Abdul-Rahman will eventually be sentenced to life in prison for a role in the plot. Nine others will be given long prison terms, including Ibrahim El-Gabrowny and Clement Rodney Hampton-El. [New York Times, 1/18/1996] Siddig Siddig Ali, who was possibly the main force behind the plot (see April 23, 1993), will eventually be sentenced to only 11 years in prison because he agreed to provide evidence on the other suspects [New York Times, 10/16/1999]

Entity Tags: Ramzi Yousef, Siddig Siddig Ali, Ibrahim El-Gabrowny, Clement Rodney Hampton-El, Emad Salem, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

Andrew McCarthy.Andrew McCarthy. [Source: Front Page Magazine]In December 1994, defense attorney Roger Stavis is preparing to defend his client El Sayyid Nosair in the upcoming landmarks trial. He discovers the top secret US military training manuals found in Nosair’s house and begins investigating Ali Mohamed, the US soldier (and double agent) who stole the manuals and gave them to Nosair. Stavis wants to defend Nosair on the basis that since Nosair was trained by Mohamed, who worked for the CIA and US military, the US government should share culpability for Nosair’s crimes. He writes up a subpoena for Mohamed. Stravis later recalls, “I wanted him. And I tried everything to find him.” But Mohamed has disappeared and not even his wife in California knows where he is. However, US intelligence is secretly monitoring him (see Autumn 1993) and they know he is in Kenya. An FBI agent calls him there and tells him to come back to be interviewed. Mohamed immediately returns to the US and on December 9 he is interviewed by FBI agent Harlan Bell and Assistant US Attorney Andrew McCarthy, one of the prosecutors for the upcoming trial (see December 9, 1994). Mohamed stays in touch after the interview, for instance talking to McCarthy on the phone on December 22. But when the trial starts on January 30, 1995, Stavis is told that Mohamed cannot be found and never responded to the subpoena. In 1999, Ibrahim El-Gabrowny, Nosair’s cousin, will find himself in a jail cell next to Mohamed. El-Gabrowny will later allege that he asked why Mohamed never showed up in court to support Nosair. Mohamed supposedly responds that he did get the subpoena, but that McCarthy advised him to ignore it and not testify and that McCarthy would cover up for him. Had Mohamed testified, McCarthy would have had a more difficult time getting a conviction, and the revelations of Mohamed’s ties to the CIA, FBI, and US military would have been highly embarrassing. Author Peter Lance will later note also that had Mohamed testified in the high profile trial, he would have become too well known to continue working as an informant and double agent. [Lance, 2006, pp. 171-178]

Entity Tags: Roger Stavis, Peter Lance, Harlan Bell, Ali Mohamed, Andrew McCarthy, Ibrahim El-Gabrowny, El Sayyid Nosair, Khaled Abu el-Dahab

Timeline Tags: Complete 911 Timeline

Defense counsel for El Sayyid Nosair, one of the militants accused in the “Landmarks” bomb plot (see June 24, 1993) along with the “Blind Sheikh,” Sheikh Omar Abdul Rahman, applies for a missing witness instruction for double agent Ali Mohamed. The counsel, Roger Stavis, believes that it would benefit his client to have Mohamed testify, because Mohamed worked for militants connected to Abdul-Rahman as well as the FBI (see 1990), CIA (see 1984), and US army (see 1986). Therefore, Stavis might be able to use Nosair’s connection with Mohamed to convince the jury that Nosair was acting on the instructions of an agent of the US government. Stavis has been attempting to contact Mohamed with no success for some time, although the prosecution is in contact with him where he lives in California (see December 1994-January 1995). Under federal law, a trial judge can give a missing witness instruction if one party at a trial wants a witness to testify but cannot find him, whereas the other party can find him but does not seem to want him to testify. Based on such an instruction, the jury can then decide that the party that could find him, but did not get him to testify, did so deliberately because it thought the testimony would be damaging to it. Author Peter Lance will later comment that, given the circumstances, “Stavis had every right to expect that jury charge,” but Judge Michael Mukasey merely responds, “I don’t think a missing witness charge on that gentleman is warranted and I am not going to give one.” Lance will comment that by failing to grant the missing witness instruction, Mukasey helps “bury the significance” of Mohamed, and conceal his role in Islamic militancy from the public. [Lance, 2006, pp. 208; Raw Story, 9/25/2007] President Bush will later appoint Mukasey to be the US attorney general (see November 8, 2007).

Entity Tags: Michael Mukasey, El Sayyid Nosair, Peter Lance, Roger Stavis, Ali Mohamed

Timeline Tags: Complete 911 Timeline

Michael Mukasey.Michael Mukasey. [Source: US Department of Justice]After two months of controversy, and a round of sporadically contentious Senate confirmation hearings, former judge Michael Mukasey narrowly wins the Senate’s approval to become the next attorney general, by an almost-party line 53-40 vote. Musakey replaces Alberto Gonzales, who resigned under fire in September 2007. Many Democrats vote against Mukasey because of his refusal to categorize the interrogation technique of waterboarding as torture, and his refusal to say that he would oppose President Bush’s insistence on eavesdropping on US citizens. Some Democrats took comfort in Mukasey’s characterization of waterboarding as “repugnant,” but others were not pleased by his refusal to say that the practice constitutes torture. Two key Democrats on the Senate Judiciary Committee, Charles Schumer (D-NY) and Dianne Feinstein (D-CA) refused to block Mukasey from going to the Senate for a confirmation vote. Both indicated that they reluctantly supported Mukasey’s nomination because the Justice Department needs an immediate infusion of leadership—Schumer called the department “adrift and rudderless” and in need of “a strong and independent leader”—and they feared if Mukasey was not confirmed, President Bush would put someone worse in the position as an interim appointment. [CNN, 11/8/2007] Schumer says he eventually decided to vote for Mukasey after the judge said “if Congress passed further legislation in this area, the president would have no legal authority to ignore it and Judge Mukasey would enforce it.” But Schumer’s colleague, Ted Kennedy (D-MA), is unimpressed. “Enforcing the law is the job of the attorney general,” Kennedy says. “It’s a prerequisite—not a virtue that enhances a nominee’s qualifications.” Ben Cardin (D-MD) wonders just how far, and how specifically, Congress will have to go to outlaw torture. He asks, “Are we going to have to outlaw the rack because there’s a question whether the rack is torture in this country?” [National Public Radio, 11/7/2007] Arlen Specter (R-PA), the committee’s ranking Republican, calls Mukasey “ethical, honest [and] not an intimate of the president.” [CNN, 11/8/2007] Mukasey is quietly sworn in only hours after winning the Senate vote. [National Public Radio, 11/9/2007] All four Democratic senators running for president—Hillary Clinton (D-NY), Barack Obama (D-IL), Joseph Biden (D-DE), and Christopher Dodd (D-CT)—have said they oppose Mukasey’s nomination. Obama calls Mukasey’s refusal to label waterboarding as torture “appalling,” and notes that Mukasey’s belief that the president “enjoys an unwritten right to secretly ignore any law or abridge our constitutional freedoms simply by invoking national security” disqualify him for the position. The other candidates make similar statements. [Fox News, 10/30/2007] However, none of them actually show up to cast their vote for or against Mukasey. John McCain (R-AZ), another senator running for president, also does not vote. [Associated Press, 11/8/2007] Three days after Mukasey’s confirmation, the New York Times writes a blistering editorial excoriating both the Bush administration and the compliant Senate Democrats for allowing Mukasey to become attorney general (see November 11, 2007).

Entity Tags: US Department of Justice, Senate Judiciary Committee, Michael Mukasey, Richard (“Dick”) Cheney, George W. Bush, Dianne Feinstein, Edward M. (“Ted”) Kennedy, Alberto R. Gonzales, Geneva Conventions, Arlen Specter, Charles Schumer, Ben Cardin, New York Times

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

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