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Mounir al-Motassadeq Mounir al-Motassadeq al-Qaeda in Europe Europe 20030813  
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Europe
Motassadeq files appeal in Germany
2006-12-23
(Xinhua) -- Mounir al-Motassadeq, who was to be convicted for involvement in the Sept. 11, 2001 terrorist attacks in the United States, has filed an appeal to Germany's highest court against his upcoming sentencing hearing, court officials said on Friday.

The lawyer for Motassadeq, who is in a remand jail in the northern city of Hamburg, sent the appeal to the German Constitutional Court in Karlsruhe, according to a report by the German news agency DPA.

Last month, a court in Hamburg convicted Motassadeq of being a member of a terrorist cell and added a conviction of being an accessory to murder and a hearing has been scheduled for next month to consider increasing Motassadeq's current seven-year jail sentence.

Motassadeq, who first came to Germany in 1993 and moved to Hamburg in 1995, where he studied electrical engineering in college, was convicted in Germany of over 3,000 counts of accessory to murder and of direct relation to the September 11 attacks, but the conviction was rejected on appeal.

On February 7, 2006, Germany's Federal Constitutional Court ordered an early release of Motassadeq. The highest court of Germany ruled there was an absence of proof that Motassadeq was informed about the September 11 terrorist plot.
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Europe
Lawyer To Appeal Custody Order Against 9/11 Terrorist Motassadeq
2006-11-19
The lawyer for convicted terrorist Mounir al-Motassadeq said Saturday he would lodge an appeal against his client's detention for assisting the September 11, 2001 attacks on the United States. Motassadeq, 32, was arrested on Friday when judges at the high court in Karlsruhe cancelled his bail, one day after the same court convicted him but referred the case to a lower court for sentencing. Calling the detention order "incomprehensible," lawyer Ladislav Anisic said he would file a complaint with Germany's constitutional court.

Motassadeq, a Moroccan student, had been free on bail but under police monitoring since February as the German courts reviewed his case. He had been given seven years in jail last year for being a member of the Hamburg terrorist cell that provided three 9/11 pilots. On Thursday, German High Court judges added a second conviction: for being an accessory to the murder of 246 occupants of the hijacked planes that crashed in New York, Washington DC and Pennsylvania.

Anisic said his client had fulfilled all the bail requirements in the past and there was no danger of him fleeing the country. Judges in Karlsruhe said the fact that Motassadeq's wife and offspring had left Germany for Morocco created an increased risk that he would try to leave Germany before a sentencing hearing that was likely to be "to his disadvantage." He was arrested at his Hamburg apartment on Friday evening "without any difficulty," said a police source. Motassadeq has been in and out of Hamburg jails since he was first detained the month after the 2001 attacks, when he claimed he had no advance knowledge of the strikes.
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Europe
German High Court to hear Motassadeq appeal
2006-10-12
Germany's High Court is due Thursday to hear the appeal of Mounir al-Motassadeq, one of only two people convicted of a role in the September 11, 2001 attacks. Motassadeq, who was not arrested until the month after the attacks on New York and Washington, has been tried twice on terrorism charges. He was sentenced in 2003 to 15 years in prison for helping three of the suicide pilots involved in the attacks, then won bail and a retrial. In August 2005 he was jailed for seven years, but released on bail six months later pending the outcome of his second appeal. At both his trials, judges said it was inconceivable he did not know what his associates were plotting. They convicted him of membership in the Hamburg terrorist cell to which the pilots also belonged but dropped charges of accessory to murder at the second trial. Prosecutors are seeking a repeat of the 15-year term handed down at the original trial. The defence wants the verdict overturned on the grounds that there was insufficient evidence to convict him.


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Terror Networks & Islam
Fighting to make al-Qaeda prosecutions stick
2005-08-29
Prosecutors in Europe and the US continue to face hurdles in achieving convictions in civilian courts of alleged al-Qaeda suspects, despite the recent jailing in Germany of a Moroccan man linked to the September 11 terrorist attacks.

Defence lawyers for Mounir al-Motassadeq, jailed for seven years for membership of the Hamburg terrorist cell run by the September 11 suicide pilots, last week appealed against the verdict, raising the prospect of another trial.

Kai Hirschmann, terrorism expert at a security studies centre in Essen, western Germany, said Mr Motassadeq's conviction had been a breakthrough because the court had recognised that ideological support for the Islamic jihad, or holy war, was sufficient basis for prosecution on charges of membership of a terrorist cell. Yet he said he was "unsure the conviction will hold in the appeals court". A ruling is not expected until next year.

Mr Motassadeq was in 2003 the first man to be convicted for helping plan September 11, but his first conviction was overturned a year later by the appeals court.

Prosecutors in Spain and Italy have for similar reasons struggled to achieve convictions of al-Qaeda suspects.

In the US lawmakers and judges have made only scant progress in devising rules to allow for the civilian prosecution of suspected al-Qaeda suspects. Zacarias Moussaoui, thought by US officials to be the intended 20th hijacker in the September 11 attacks, pleaded guilty in April to six counts of conspiring with the hijackers after the courts finally rejected his demand to subpoena al-Qaeda detainees in his defence. He is due to be sentenced next year.

But the Moussaoui case, along with the life sentence given to shoe bomber Richard Reid, remains among only a handful of cases in which Washington has been willing to use the civil courts to prosecute those with clear links to the al-Qaeda network.

The US Justice Department has fought to keep José Padilla, a US citizen suspected of planning a "dirty bomb" attack in the US, in military custody rather than risking a prosecution before the civil courts.
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Europe
Moroccan jailed in 9/11 retrial
2005-08-19
A Moroccan man who was friends with three of the 9/11 suicide hijackers has been found guilty in Germany of belonging to a terrorist organisation. Mounir al-Motassadeq, 31, was sentenced to seven years in prison following a year-long retrial.
Not quite grounds for ululation, but I'm happy to hear it. I was afraid they were going to let him off...
However, the court in Hamburg ruled there was no proof that he knew about the 11 September 2001 plot. Motassadek was originally convicted of those charges in 2003 but the verdict was overturned and a retrial ordered. After the original conviction was quashed by Germany's Supreme Court last year, the retrial heard new evidence - excerpts of interviews with key al-Qaeda suspects provided by the US. One of these told how Motassadek had taken part in vitriolic anti-US discussions in the home of hijacker Mohammed Atta, but also insisted he was not aware of the 9/11 plot.
"Nope. We never told him about it. We wanted it to be a surprise. I mean, he's vicious and all, but not very bright. His job was mostly going out for coffee..."
Prosecutors argued that Motassadeq provided key assistance to the "Hamburg cell", pointing out that he signed the will of Atta - believed to be the ringleader of the 19 suicide hijackers - and held power of attorney on the bank account of another hijacker. While the hijackers were attending flight training schools in the US, he used that power of attorney to handle the transfer of small amounts of money for them. Motassadek had also admitted attending an al-Qaeda training camp in Afghanistan in early 2000. But he has repeatedly denied any prior knowledge of the attacks on New York and Washington, saying that the favours he did for the hijackers were just part of being a good Muslim.
"Most of them were my lovers, but I don't think they really respected me..."
When Motassadek was originally convicted, he was sentenced to 15 years in prison. Following the quashing of that conviction he was released on bail. Announcing the fresh verdict, Judge Ernst-Rainer Schudt did not explain the reasons, but he criticised the US for not giving more evidence. Washington had refused to let the court question captured al-Qaeda suspects, citing security concerns, and released only excerpts of information the prisoners revealed during interrogation. "The point is we would have liked to have questioned them ourselves," said Judge Schudt. He said the summaries released by the US did not constitute "sufficient proof in either direction". The BBC's Ray Furlong in Berlin says the latest verdict is something of a surprise as there had been an expectation that Motassadeq would be acquitted, after a fellow Moroccan was cleared of having links to the 9/11 hijackers. Abdelghani Mzoudi was cleared by the same Hamburg court in February 2004 and the decision upheld by Germany's federal appeals court in June.
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Europe
9/11 suspect resists expulsion from Germany
2005-06-12
HAMBURG - Mounir al-Motassadeq, 31, the student currently on trial a second time for his alleged role in the September 11, 2001 attacks, will resist German efforts to deport him to Morocco, his lawyer was quoted saying on Saturday.
"Hey! You can't send me there!"
This week legal counsel for another student, Abdel-Ghani Mzoudi, 32, had said their client would voluntarily return to Morocco soon.
"I' goin' back to turban territory!"
His acquittal on terrorism and accessory-to-murder charges was confirmed on appeal by Germany's high court. The news weekly Der Spiegel quoted a lawyer saying Motassadeq insisted on staying in Germany till he had completed a degree at a technical university in suburban Hamburg. The story was released two days before Der Spiegel's publication Monday. The lawyer, Udo Jacob, said Motassadeq would resist a deportation order served on him last year "to the last court of appeal". That order is currently in suspense while Motassadeq, who is free on bail, participates in his own trial for being a member of a terrorist organization. Prosecutors say he knew of the plot and helped three of the 9-11 suicide pilots who were Hamburg students. Under current scheduling, a verdict is expected in August. He was convicted and sentenced to 15 years in jail at his first trial, but the verdict was quashed on appeal.

Hamburg officials say that even without a conviction for plotting the attacks on New York and Washington, there are ample grounds to deport both Moroccans. Evidence showed both attended Al Qaeda training camps in Afghanistan. The Spiegel online news service said earlier it was not clear what would happen to the men in Morocco, but that Morocco had been known to hand over terrorism suspects to US authorities who took them to third countries for the Central Intelligence Agency to question.
Perhaps we could finish his 'education' at the University of Diego Garcia.
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Europe
Sept. 11 defendant handled bank affairs of hijack pilot
2005-02-09
HAMBURG - Mounir al-Motassadeq, the Moroccan on trial in Hamburg as an accused accomplice in the September 11 terror attacks, carried out money transactions on behalf of one of the suicide pilots, a police witness said Tuesday.

Motassadeq had power of attorney for Marwan al-Shehhi who was believed to have been at the controls of the hijacked plane which crashed into the south tower of the World Trade Center in 2001, the court was told. Motassadeq, who has been described as a friend of al-Shehhi's as well as other members of the Hamburg terrorist cell behind the 9/11 attacks, is accused of being a member of a terrorist organization and an accessory to 3,000 murders.

The Federal Police Department witness said Motassadeq carried out several transactions on behalf of al-Shehhi. These included one in September 2000 when Motassadeq transferred 5,000 marks (3,200 dollars) from al-Shehhi's account at the Dresdner Bank in Hamburg to an account belonging to Ramzi bin al-Shibh, who is thought to have organized the 9/11 attacks. In several cases there was a "time proximity" between money taken from al-Shehhi's account and money arriving on Motassadeq's account, the investigator said.

Motassadeq was convicted in 2003 and sentenced to 15 years in jail on the current charges, but the conviction was overturned by an appeal court. He is free on bail during the retrial which is not expected to end before April.
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Europe
More on the Mzoudi trial from Expatica
2004-01-22
The Iranian intelligence service was the initiator of the 11 September 2001 suicide-jet attacks on New York and Washington, according to a defector quoted Thursday by German police at the Hamburg terrorist trial.
I'll actually be very surprised if that turns out to be true, but go on...
One Federal Crime Office interrogator said he had taken down a statement in Berlin on Monday from a former Iranian agent who insisted that Iran had employed Saudi radical Osama bin Laden’s al-Qaeda network to carry out the attacks. The defector could not appear himself in court because he had been promised anonymity, two police officers told the trial of accused plotter Abdel-Ghani Mzoudi, a Moroccan student who lived in Hamburg and was friends with three of the four suicide pilots. The shock claim emerged on the day when a verdict had been scheduled. The prosecution asked for the delay to hear the new evidence. The end of the trial may be delayed for weeks. The defector, who stated he had fled Iran in July 2001, two months before the attacks, claimed ultimate responsibility lay with a man named Saif al-Adel, who was an official in Iran of Hezbollah, a radial Shiiite organization with close links to Iranian intelligence. According to the defector, "Department 43" of Iranian intelligence was created to plan and conduct terror attacks, and mounted joint operations with al-Qaeda. Osama bin Laden’s son, Saad bin Laden, had made repeated consultative visits to Iran. According to the unnamed agent, Mzoudi too had visited Iran for three months, though the agent said he had never seen him, and did not know at what point in time the visit took place. The claim runs directly counter to the received wisdom about the attacks: that they were conducted by young Sunni Moslems loyal to Osama bin Laden, a radical Saudi with ideas rooted in his country’s Wahhabi brand of Islam. Iran’s Islam is the opposed Shiite variety.
That doesn't say the two groups couldn't work together toward the same ends...
The 28-year-old police witness said the defector claimed to have first received information about Mzoudi by e-mail after his defection and from "other Iranian intelligence sources". The defector alleged that following the 11 December release of Mzoudi from trial custody, the sources told him they believed Mzoudi had only been released so that he could be tailed by western investigators hoping he would lead them to other terrorists. "That is why al-Qaeda is going to liquidate Mzoudi," the defector was said to have stated.
"He knows too much, Mahmoud. Youse know what to do..."
The defector also declared that immediately after fleeing Iran, he had approached CIA station officers at the U.S. embassy in Azerbaijan, a former Soviet republic adjoining Iran, to warn them attacks were planned. "He wrote a five-page letter stating that something would happen on 10 or 11 September without precisely delineating what it could be," said the police witness. The man claimed he had been passing information to the CIA since 1992 and had been promised USD 1.2 million in payment, but had never received the promised money after his defection. He had therefore resolved to sell information to the Germans or French. "He says he wants to negotiate terms for further cooperation with the federal prosecutor general’s office," he said. A second police officer, aged 29, said he found the claims of the defector were "not unrealistic", given what Germany know of the structures of the Iranian intelligence service. But the court was unable to establish more about the credibility of the defector. The policeman said he did not know why the defector had waited so long to come forward with such explosive information. Presiding judge Klaus Ruehle pressed both police officers to offer their personal impressions of the man they interrogated. "It is noticeable that you are both very cautious every time we ask for an assessment of this witness," the judge said to them.
Yeah. If all this time you've been working on one observed set of facts, and somebody adds something entirely new — unthought of, even — you've got to be pretty careful about seeing how well it meshes with what you were working on before.
Federal prosecutors suddenly announced Wednesday they had new evidence, more than a week after closing arguments by both sides. The court had been widely expected to pronounce Mzoudi acquitted on Thursday. Federal prosecutor Walter Hemberger said Thursday that though he had applied for a 30-day extension of the trial, "I don’t think we will need the full 30 days." He said a week or two would be enough to weigh the Iranian’s credibility. Mzoudi is accused of assisting in more than 3,000 murders and of being a member of Egyptian student Mohammed Atta’s terrorist organization in Hamburg. The state contends Mzoudi must have known what his close friends were planning and was therefore a conspirator.
My guess would be that he knew they were terrorists, that they were planning something big, helped all he could, and didn't know the details.
Prosecutors have demanded he go to jail for 15 years, like Mounir al-Motassadeq, another Moroccan, who was convicted in Hamburg in February last year. But judges freed Mzoudi on December 11 after earlier hearsay evidence relayed by the Federal Crime Office. In that instance, a person thought to be self-confessed plotter Ramzi bin al-Shibh said Mzoudi had not been privy to the conspiracy. German trial procedure allows such hearsay evidence, which would be prohibited under the Anglo-American legal tradition. Judges said the second-hand statement they attributed to bin al-Shibh created reasonable doubt about Mzoudi’s guilt.

After the 11 September attacks, US diplomats are alleged to have put out feelers to the Lebanese branch of Hezbollah, offering a truce with the anti-US group in exchange for all the Shiite group knew about the activities of rival Sunni terrorists. Hezbollah’s spiritual leadership claimed in late 2001 they had received such approaches, but denounced them as an attempt to drive a deeper wedge between the two main denominations of Islam. The US government has accused Iran of harbouring al-Qaeda operatives, but has not alleged that Iran was behind the attacks.
At the same time, there have been stories from the first about the Jerusalem Project, kind of like an Appalachia of terrorism, featuring a special guest appearance by Hojatoleslam Ali Akbar Mohtashami. And Imad Mugniyah has been bruited as the link between Qaeda and Hezbollah for quite awhile.
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Europe
Surprise witness delays verdict in September 11
2004-01-22
More on Iranian connection to 9/11 - the defector now has a name - and a familiar one at that.
On what had been the eve of his widely expected acquittal, the trial of the second person charged by German authorities as an accomplice of the Sept. 11 hijackers was thrown into turmoil Wednesday after prosecutors disclosed the existence of a surprise witness purporting to link Iran to the hijackings. The mysterious witness, who goes by the name Hamid Reza Zakeri and claims to have been a longtime member of the Iranian intelligence service, is said to have told German investigators that the Sept. 11 plot represented what one termed a "joint venture" between the terrorist group al-Qaida and the Iranian government.
That one's a show-stopper...
Sources familiar with the witness’ story, greeted with pronounced skepticism by some German intelligence officials, say he also implicates the defendant, a 31-year-old former Moroccan student named Abdelghani Mzoudi, as a knowledgeable participant in the hijacking plot. "If the story was true, the consequences would be remarkable," said one senior intelligence official, who observed that the witness’ account comes nearly 2 1/2 years after Sept. 11, 2001, and "looks a little bit constructed."
Almost tailored, in fact...
Zakeri is not expected to appear in the high-security Hamburg courtroom Thursday, where officials of the German federal police, the BKA, have been summoned to explain why they believe Zakeri’s testimony is credible. Sabine Westphalen, a spokeswoman for the Higher Regional Court of Hamburg, said the five-judge panel that will decide Mzoudi’s fate had received a 30-page transcript of the BKA’s interview with Zakeri conducted within the past few days. Westphalen said the federal prosecutor had asked "to interrupt the hearing of evidence for 30 days in order to be able to examine the data of the witness and its reliability." No verdict is now expected before Jan. 29. The appeal to the court to consider Zakeri’s story amounts to a last-minute move by the chief German prosecutor, Kay Nehm, to preserve the fast-fading possibility of a conviction in what is likely to be the last trial in Germany of an alleged accomplice of the Sept. 11 hijackers.
I can understand why the cops and the intel services would want to keep him from having to appear in court. Iranian involvement would be a political and diplomatic bombshell — the sort of thing you'd want to have every duck in a row for. If it turns out to be true, vast international repercussions; if the guy's a phony, egg all over everybody's face...
In the first such trial, which concluded last year, another Moroccan student, Mounir al-Motassadeq, was sentenced to a maximum of 15 years in prison for aiding the Sept. 11 hijackers. Motassadeq admitted knowing some of the hijackers but denied any foreknowledge of the Sept. 11 plot, in which four airplane hijackings resulted in more than 3,000 deaths. Mzoudi has taken essentially the same stance. According to the German newsmagazine Der Spiegel, Zakeri reportedly said Mzoudi acted as the hijackers’ liaison with their al-Qaida support network. Until now, the case against Mzoudi has been entirely circumstantial, resting on evidence showing that he performed a number of logistical and "housekeeping" services for the principal hijackers, both before and after they left Hamburg to begin flying lessons in the U.S. The prosecution’s theory, not supported by any direct evidence or testimony, is that Mzoudi must have known why Mohamed Atta and Marwan al-Shehhi, believed to have piloted the two hijacked jets that struck the World Trade Center, had quietly departed northern Germany for Florida. In December, however, the Hamburg court ordered Mzoudi’s release from prison after being informed by the BKA that a confessed Sept. 11 co-conspirator, Ramzi Binalshibh, had told U.S. intelligence agents that those who did know of the hijacking plot had "never talked to others about the true operations or the establishment of a terrorist cell" in Hamburg.

Any credible evidence linking Iran to Sept. 11 would have immediate and profound repercussions for U.S. relations with Iran and the Muslim world. Bush administration officials have included Iran with North Korea and the former Iraqi government of Saddam Hussein in what they term the "axis of evil." The Tribune reported last year that Shadi Abadallah, a 26-year-old Jordanian who said he served as one of Osama bin Laden’s bodyguards in Afghanistan, previously told the BKA that one of the world’s most-wanted terrorists, Abu Musab al-Zarqawi, described by Secretary of State Colin Powell as an "al-Qaida associate," was closely allied with the Iranian government. Zarqawi, a one-legged Jordanian national who heads the al-Tawhid terrorist network, which some U.S. officials say is linked to al-Qaida, has been accused by the Bush administration of helping al-Qaida develop plans to attack the West with radioactive and other weapons of mass destruction. American officials, who say Zarqawi is responsible for the assassination of a U.S. diplomat in Jordan, have placed a $5 million reward on his head.

Kenneth R. Timmerman, a senior writer for Washington-based Insight magazine, said he interviewed Hamid Zakeri during several telephone conversations last summer and that the man "told a very credible story." Timmerman said he had been able to corroborate a number of the physical details provided by Zakeri concerning such things as the physical layout of the Tehran headquarters of the Iranian Ministry of Information and Security, or MOIS. According to an article Timmerman published in July, Zakeri said that he worked for the Iranians’ "supreme leader," Ayatollah Ali Khameini, and that he was present at two meetings between senior Iranian and al-Qaida officials in the months before Sept. 11. Timmerman said Zakeri had provided him a document purportedly signed by the Iranian intelligence chief, Hojjatoleslam Ali Akbar Nateq-Nouri, in May of 2001, ordering a strike at this country’s "economic structure, their [sic] reputation and their internal peace and security." Because the Mzoudi case is still before the German court, the CIA declined to comment.
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Europe
Sept 11 defendant goes on trial in Germany this Thursday
2003-08-13
A suspected member of the Hamburg terrorist cell responsible for the September 11 attacks in New York and Washington intends to refuse to testify at his trial which opens this week in Germany, his attorney said. Moroccan-born Abdelghani Mzoudi, 30, goes on trial in Hamburg this coming Thursday, charged with 3,066 counts of being an accessory to murder and aiding a terrorist organization for his alleged role in the attacks on the World Trade Center and the Pentagon and the crash of a hijacked jetliner in Pennsylvania. The indictment, a 90-page document, was prepared by Chief Federal Prosecutor Kay Nehm following Mzoudi’s arrest last October 10. In a ground-breaking judgement February 19, a Hamburg court convicted Mounir al-Motassadeq, 28, of being an accomplice to 3,066 murders on September 11, 2001 and also of being a member of a terrorist organization comprising the six original Hamburg plotters. Unlike Motassadeq, however, Mzoudi will refuse to testify at his trial, said chief defence lawyer Gul Pinar. Pinar added that she will ask the court to allow her to read a prepared statement by Mzoudi explaining his reasons for withholding testimony.
Perhaps followed by some quotes from "Stupid White Men".
Mzoudi was a friend of Mohammed Atta, one of the terrorist pilots, and had witnessed his will. Investigators believe he provided money at a later stage to members of the group. Atta and two other cell members, Marwan Alshehhi and Ziad Jarrah, were killed in the hijack attacks on the Pentagon and World Trade Center. Mzoudi was also allegedly close to Ramzi Binalshibh, who was arrested in Pakistan last year and is now imprisoned in the United States. He was also a friend of Said Bahaji, who is still at large. While Motassadeq was the "logistics man" who funnelled money to the Hamburg terrorists during pilot training in the United States, prosecutors say Mzoudi was crucial in covering up activities of everyone involved, including Motassadeq. Mzoudi allegedly was involved in the 9/11 planning to the extent that he knew which sites had been targeted. In the final phase of preparations for the attacks, he took over the cell’s flat on Marien Street in Hamburg to quell suspicion that might arise from its being empty. In fact, the core of the cell, Atta, Alshehhi, Jarrah and Binalshibh, were not in Hamburg at all during much of 2000. Instead, they were undergoing training at an al-Qaeda camp in Afghanistan. Mzoudi continued to cover tracks for the cell members after their return from Afghanistan, prosecutors alleged. In addition, he underwent training at an al-Qaeda camp in Afghanistan from April to June 2000 along with Motassadeq and another man, Zakariya Essabar, whose whereabouts are unknown. "It was at that camp that the suspects worked out final details of the attacks with Osama bin Laden," Nehm said. Mzoudi is also accused of having carried out a number of financial transactions for Essabar.
Definitely a trial to watch...guess it won’t be on CourtTV though...
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