Thread by @GitmoWatch

The 4th day of the 56th 9/11 pretrial hearings began around 0900 at Guantanamo Bay, Cuba. We had another full day of testimony from retired FBI Special Agent Gaudin.

Slow morning at the MilComs. Counsel for Mustafa al Hawsawi was still absent, he also waived right to attend. Ammar al Baluchi and Khalid Shaikh Mohammad were present. Khallad bin Atash waived this morning attended PM.

The morning began with discussions about Unique Functional Identifiers (UFIs) the government gave to protect identities of personnel involved in the former CIA Rendition, Detention, Interrogation (RDI)/torture program. There are 69.

Pradhan, al Baluchi, explained to Schrama who took the 9/11 bench for the 1st time in Dec, that def still doesn’t have a good sense of how the gov't defines ‘direct and substantial contact’ which is how they decided which personnel were significant enough to receive a UFI.

Not knowing this key information makes it hard to analyze the RDI index, they key provided unlock details of the substituted CIA cables.

Ret FBI SA Gaudin took the stand at 935. In order to protect identities of personnel he encountered at Loc 3 and at a meeting in DC about his work at Loc 3, the govt had him review lists of declassified (28 names) as well as a list of still classified true names he recognized.

From the declassified list, Gaudin testified he met doctors Mitchell and Jessen, both of whom testified in this case. He also knew a ‘Scott’ and one other person from Loc 3.

On the classified list, Gaudin says he recognizes two names that he says were also on the declassified list. Pros Trivett requests brief recess to consult with the OCA (original classification authority).

MilComs first 30 minute recess turned into a 50 minute recess followed by 10 minutes of back and forth about the witness limiting his answers to yes and no, which Pros Trivett says may actually trigger the national security privilege assertion.

Major Leahy requests any additional guidance given to the witness, even if classified, be memorialized ex parte..

Matthew Engle reminds the MilComs one of the accused is still not represented and the way forward may be prejudicial. Another 10 minute (or more) recess began at 1120.

Pros Trivett was able to clear up the confusion about the names on the two lists discussed earlier. Gaudin confirms the names he recognized are Mitchell and Jessen.

Pradhan resumed her cross exam at 1140, continuing with questions about Gaudin’s time in Nairobi.

Gaudin didn’t read much of Ali Soufan’s Black Banners. He decides to read a full book on a topic he's knowledgeable in based on reviewing what he’s mentioned and whether or not he finds the details accurate. He decided to not read BB after reviewing a paragraph about himself.

Soufan wrote detailed requirements for evidence chain of custody integrity.
Pradhan: Do you agree?
Gaudin: Spirit is correct, just some practical issues.

Gaudin says he testified in Owhali’s suppression hearings which resulted in statements pre-advice of rights to be suppressed.

It didn’t take long into the afternoon session for someone to hit the hockey light during Pradhan’s questioning about the phone number Owhali gave to Gaudin in 1998.

Pradhan indicated the limits are muddy on what she could question about the number. The number is AKA the Sana’a hub, linked to Midhar’s father-in-law.

Questions remain regarding the monitoring and collection surrounding the number. Gaudin mentions he was aware members of the US intelligence community knew of the number. Gaudin testified he knew it was a main number for al Qaida at the time.

Gaudin said was aware info from the number was used by the CIA to monitor an al Qaida meeting in Kuala Lumpur.

On the Yemen Fusion Cell photobook he discussed yesterday, Gaudin says many of the photos came from a raid following an explosion. They found many IDs with about six different photos but many different names, along with a cache of explosives.

Gaudin testified the Sana’a hub 578 number was so significant at the time that if any number inside the US had even accidentally called it, there would have been a full field investigation.

Regarding the Kuala Lumpur surveillance photos, Gaudin says he learned of them after 9/11 but in May 2001 FBI analyst Dina Corsi would have received them.

Moving on to the topic of ‘forever prisoner’ Abu Zubaydah, Gaudin says he received an urgent call from an analyst Jennifer Maitner in March 2002 re: Zubaydah which led to a consult with DoJ OGC, a federal judge, and a senior government official, though he can’t be more specific.

Gaudin also said he reviewed emails from Zubaydah but the government asserts NSP over who they were from.

Gaudin says he had known of Zubaydah for a long time — his photo was in the EAEB photo book.

At some point, the CIA learned of Gaudin’s work and knowledge about Zubaydah and called him in for a meeting with the CIA director.

After Zubaydah was captured, Gaudin and Ali Soufan were tapped to assist with interrogating him at Location 3. Charles Frahm told them at the airport they would be 2nd chair in the process. No Miranda, no 302 reports, they were there to prevent the next 9/11.

Gaudin testified there were about 6-8 people on the plane — the government asserted NSP over whether or not they were CIA employee

On arrival, Gaudin looked around for who could be 1st chair and learned he and Soufan were the only experienced interviewers.

Soufan and Gaudin quickly pulled critical information from Zubaydah but differing opinions on what should happen next followed.

José Rodríguez visited the site a few weeks later asked Gaudin what else Zubaydah could know. Did he have the Crown Jewels? But didn’t ask Gaudin for next best steps.

Zubaydah was severely wounded at the time. Gaudin reported seeing stitches and bandages from being shot multiple times.

MilComs in recess until tomorrow, 0900. Beginning with decisions for the May hearing followed by the remainder of Gaudin open then closed cross.

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