Starting Monday, July 12 we will try to aid the transcript readers by putting a list of the daily exhibits, so that you can figure out what’s being talked about.
Also, we’ll put one of the representative sermons on the web page in the near future.
Exhibits: July 12
Exhibit 1000 - DVD with Telephone and other conversations to be played at trial by Government
Exhibit 1000 L - List of audio files on the DVD
Exhibit 1310 - A visual about how the taped conversations came in to court via MO Discs converted by computer from 8 mm tapes
Exhibit 1310a - Above as drawn on by witness FBI Kerns with additional servers as the source of the 8 mm tapes.
Exhibit LS16 - Not received - A listing of the seized audio by date and time, was prepared by the Government and they objected to it.
Another short week due to 4th of July and the “crucial” FBI Agent being on his honeymoon (!)(?), we were in Court on Tuesday and Wednesday and left at noon on Thursday. It was probably not short enough for the Jury who were once again subjected to seemingly endless reading aloud of sermons of Sheik Abdel Rahman and items from files of newspaper clippings etc. that were found scattered around the garage of co-defendant Sattar. (These were permitted by the Judge not for the “truth” but for my “state of mind”, who attended the Sheik’s trial and heard the sermons (rather!). And Sattar, who was in possession of the news articles. Some of the folks who are reading the daily trial transcript (linked to www.lynnestewart.org
) want to know when evidence offered as Truth will show up? With the Ashcroft-Bush gang in charge - that is indeed the question.)
Tuesday, July 6.
Started off the day with Detective - Constable Sloper of Scotland Yard to talk about the London search of Al Sirri’s home (You remember Al Sirri, he was a purported co-defendant that the U.S. never gave the British Home Office sufficient evidence to extradite) DC Sloper testified on the search and the government, in their pedantic way even asked him to explain how New Scotland Yard came to be so called when it wasn’t in Scotland?!
Following this, our attack was mounted on the integrity of the electronically seized evidence (attorney client telephone conversations and the attorney-counsel recording in the jail, as well as the FISA seizures of my co-defendants) It is our contention that the systems utilized (Raytheon and Lockheed Martin - do those name ring a bell?) to digitally store this material were flawed and therefore the conversations cannot be relied upon by the jury. Supervising Special Agent Elliot, an 18 year veteran of the FBI, was called as the witness “experienced in and responsible for” the electronic surveillance system. Amazingly, this upgraded mechanical engineer, who has never taken a course in computers, never attended a computer conference, and subscribes to no computer journals or magazines relies completely for training and updates on the company that provides the program! Upon cross, he readily admitted to the compression of the tapes for storage, the fact that some of the metallic tape originally used had fallen apart upon retrieval and that the program being utilized originally was replaced during his tenure. Amazingly, not a memo nor a note, reflected that or the reasons for it. After Michael Tigar, following a great cross, requested documents Elliot referred to - the Government reluctantly agreed to make him available again.
Wednesday, July 7.
Once again we were greeted by Britain’s best(?) This time DC Kileen, from the Special Anti-Terrorism Unit, who was asked, among other things, for the edification of the jury - what a pound was - testified about the three day search of a Paddington Islamic book store staffed by Al Sirri. Guess what - they found a lot of books (!) and phone bills and internet bills. The detective was the last live witness of the week.
From that point, the Government read aloud a series of sermons while we tried to find the “good” parts that they will rely on to try to prove my “knowledge and intent”. Clearly not the part in (Exhibit 202) that described the prisons of Mubarik’s Egypt as torture chambers with “electric shocks and mad starving dogs”! (Sound familiar?)
They also read a sermon in which Sheik Abdel Rahman urges his listeners not to join the U.S. Army because even being a Doctor would aid the efforts of what he sees as an anti-Muslim force of arms.
They finished Wednesday afternoon with two of the Sheik’s FISA taped phone conversations dating from 1993 and another sermon.(Yawn)
Thursday, July 8
On Thursday morning, the day began with a videotape of the prison officials reading the SAMs to the Sheik at Rochester Prison Hospital. It showed the Sheik, now an elderly, frail, bent man, on a plastic garden chair, with his feet on another chair. His wheelchair is nearby. He listens to the translator and when asked to sign, refuses. They ask if he has any questions. He replies that his questions are for Janet Reno, not for the prison guards. As the tape finished, Michael Tigar called on the government to play all the SAM tapes depicting the Sheik. They didn’t want to do that because it would have revealed that more times than not, there was no interpreter and so they just read them to him in English!
For the rest of the morning we heard readings from the newspaper clippings. It truly is breathtaking when you consider that three people are facing from 45 years to life in prison based on newspaper clippings, books and sermons. Don’t mourn — let’s just fight for the 1st Amendment!
Greatest Hits of Sattar’s Garage included:
- New York Times Articles 4/96 - regarding Egypt and Sheik’s imprisonment
Sermn with Sheik discussing evidence used in case
- Remarks of Madeline Albright (No- not the ones about the expendable Iraqi children... and she’s a Democrat; but a speech about the new Material Aid to Terrorists law.)
- Sheila O’Donnell’s - Tips for People involved in Social Movements i.e. “Don’t talk to the FBI” put out by the Lawyers Guild and Center for Constitutional Rights.
They also wanted to introduce the Government’s opening to the jury from the 1995 Sheik’s trial but Michael Tigar claimed that we would then have the absolute right to also put in my opening. That is something else they don’t want! We also were able to keep out the Indictment of Osama Bin Laden for the Embassy Bombings and the summations of the Government in the Sheik’s trial. Hard won victories but, we hope, telling.
The Government has informally said their case will finish in mid-August. So any of you who are planning to come for the defense case should plan accordingly. We are not sure what the order of testimony will be but it will be stellar - with Ramsey Clark, myself and others yet to be announced.
Our courtroom is looking a little thin. I know it’s the toll of New York City in the summer but people who are working with summer programs should consider bringing the kids. We’ll be happy to speak with them. The schedule is 9:30 to 4:30 Monday through Thursday, lunch at 12:45, breaks at 11:30 and 3:30 at 40 Centre Street, the old federal courthouse, Room 110. You never know who you’ll meet there!