Case 1:03-md-01570-GBD-FM Document 2927-7 Filed 02/03/15 Page 1 of 46 Exhibit “7” to the Affirmation of Sean P. Carter Transmitting Evidence in Support of Plaintiffs’ Memorandum of Law in Opposition to the Motion to Dismiss of the Kingdom of Saudi Arabia and Saudi High Commission for Relief of Bosnia & Herzegovina Case 1:03-md-01570-GBD-FM Document 2927-7 Filed 02/03/15 Page 2 of 46 Page 1 STATEMENT UNDER OATH OF ZACARIAS MOUSSAOUI The following statement was taken at 11:15 a.m. before Priscilla Naff Medina, Registered Professional Reporter and Notary Public in and for the State of Colorado: ADMAX USP 5880 Highway 67 Florence, Colorado 81226 October 21, 2014 PRESENT: For the Federal SEAN P. CARTER, ESQ. Insurance Plaintiffs J. SCOTT TARBUTTON, ESQ. and Plaintiffs' Cozen O'Connor Executive Committees: 1900 Market Street Philadelphia, Pennsylvania 19103 For the Ashton ANDREW J. MALONEY, III, ESQ. Plaintiffs, 9/11 Plaintiffs' Liason Counsel victims, and Kreindler & Kreindler, LLP Plaintiffs' Executive 750 Third Avenue Committees: New York, New York 10017 For the Burnett ROBERT T. HAEFELE, ESQ. Plaintiffs and Motley Rice LLC Plaintiffs' Executive 28 Bridgeside Boulevard Committees: Mt. Pleasant, South Carolina 29464 For the O'Neill JERRY S. GOLDMAN, ESQ. Plaintiffs and Anderson Kill, P.C. Plaintiffs' Executive 1251 Avenue of the Americas Committees: New York, New York 10020 Also Present: John Fawcett Evan Kohlmann Javernick & Stenstrom, LLC 3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334 Case 1:03-md-01570-GBD-FM Document 2927-7 Filed 02/03/15 Page 3 of 46 Page 2 1 I N D E X 2 Page Number 3 Examination by Mr. Carter 3 4 E X H I B I T S 5 Exhibit Number Initial Reference 6 (No exhibits were marked for identification.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Javernick & Stenstrom, LLC 3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334 Case 1:03-md-01570-GBD-FM Document 2927-7 Filed 02/03/15 Page 4 of 46 Page 3 1 P R O C E E D I N G S 2 MR. CARTER: Mr. Moussaoui, we're going to 3 discuss with you some of your experiences in Kandahar and 4 the different facilities that you are aware of that 5 al-Qaeda maintained in that area during the time that you 6 were there. 7 Before we begin again will you -- will you take 8 the oath? 9 THE WITNESS: Yes, I do. I swear by Allah that 10 everything that -- they I will say is true. I swear by 11 Allah that everything I will say is true. I swear by 12 Allah that everything I say will be the truth. I swear by 13 Allah that everything I say will be the truth. 14 EXAMINATION 15 BY MR. CARTER: 16 Q Mr. Moussaoui, at some point in 1998 did you 17 become affiliated with Osama bin Laden's organization? 18 A Yes, I did, after having send my resume to 19 Osama bin Laden and I tell him that I was -- I have a 20 Master degree, I speak English and French, and I had 21 been -- I had been to Chechnya, I we -- I went to Kandahar 22 where I met Shaykh Abu Hafs, the commander, Mohammed 23 Chief; and also Mohammed Masri, okay, was his right hand, 24 okay, and, then, I met also Osama bin Laden the day after 25 privately, okay. Javernick & Stenstrom, LLC 3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334 Case 1:03-md-01570-GBD-FM Document 2927-7 Filed 02/03/15 Page 5 of 46 Page 4 1 And, so, I started to have agreement on 2 different activity that I wanted to -- to conduct with -- 3 with him, okay, and -- relating to bombing the American 4 Embassy in London, okay. 5 And with Abu Hafs we have -- make an agreement 6 that I will undergo renewed training in the homemade 7 explosive, what you call "dusnia(phonetic)," meaning that 8 am -- ammonium nitrate and hydrochloric acid and -- to 9 make detonator. 10 After that I started to -- to -- to -- to work 11 for -- to -- to -- for Abu Hafs, 'cause he asked me to -- 12 to create a data ba -- bank of the donation to -- to -- 13 to -- to al-Qaeda, Shaykh Osama, and, so, I took a 14 computer and I went in the guest house and I was, on a 15 daily basis, entering that data about who give money and 16 how much money were given to al-Qaeda by mainly Saudi 17 people, relief foundation, bank and Saudi prince, and 18 Saudi scholar, shaykh Saudi Arabia. 19 Q Between the time you became affiliated with bin 20 Laden's organization in 1998 and the year 2000 did you 21 spend an appreciable amount of time in Kandahar? 22 A I in and out, I must have spend more than two 23 year, okay, and I stay many months, because I used to run, 24 at some point, the guest house, I used to be responsible 25 for the security at -- arrangement of the guest house in Javernick & Stenstrom, LLC 3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334 Case 1:03-md-01570-GBD-FM Document 2927-7 Filed 02/03/15 Page 6 of 46 Page 5 1 Kandahar in -- in -- the press called "Hajji Habash" in 2 Kandahar, who was across the road of the Arab -- 3 THE COURT REPORTER: The Arab what? 4 MR. CARTER: Institute. 5 THE COURT REPORTER: Thank you. 6 Q (By Mr. Carter) During the time you were 7 associated with bin Laden's organization and in the 8 Kandahar area, did you become familiar with al-Qaeda's 9 facilities in Kandahar? 10 A Yes, initially I become -- I was receiving 11 secret house, it was just very close from the house of the 12 Chief of the Taliban, okay, it was run by -- secret house 13 by somebody who called "Sadaf," okay, and I was there, 14 okay, and that's where I met Shaykh Abu -- Shaykh Abu Hafs 15 and Abu Mohammed and most of the people of -- of the 16 top-ranking of al-Qaeda, okay, and that's where -- I got 17 to go there. 18 And, then, after that we move across the road 19 to a place that was also very close to the Chief -- the 20 Chief of the Taliban, it was just a park, a garden 21 separating from the house of the -- of the Chief of the 22 Taliban. That's the second place, okay. 23 All this being very close -- not far -- on the 24 same road of the Chi -- of the Chinese hospital. There's 25 a dispensary and you go further and there is the Chinese Javernick & Stenstrom, LLC 3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334 Case 1:03-md-01570-GBD-FM Document 2927-7 Filed 02/03/15 Page 7 of 46 Page 6 1 hospital (indicating). 2 Q (Attorney nodded.) 3 You mentioned the two secret houses near the 4 home of the head of the Taliban. Did other al-Qaeda 5 facilities open up later in Kandahar that you are aware 6 of? 7 A Yes. After that the -- the airport was opened 8 and all the top people, Osama bin Laden and Abu Hafs, 9 the -- the comman -- the military commander Abu Mohammed, 10 and all of the family -- the main family the -- went, 11 there was roughly 50 people living -- being housed on a 12 permanent basis, okay, into the -- into the airport. 13 Then there was also a guest house who was 14 opened after the camp post closed in Kabul, okay, and 15 before effectively we opened the camp into the -- the 16 desert in Kandahar. So the guest house was opened and 17 basically I -- we opened -- I and Abu Khallad -- it was 18 open -- he was the on-the site Emir Chief, okay, and it 19 was the -- the overlord Chief was Abu Yasir Al Jazairi, 20 okay, and that was a guest house. 21 There was also the Institute -- the Arabic 22 Institute was just across the road, okay, and this 23 Institute was teaching Arabic and Islamic study mainly to 24 the -- the top of the Taliban who used to come every 25 afternoon, okay, to -- to learn Arabic and to be Islamic Javernick & Stenstrom, LLC 3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334 Case 1:03-md-01570-GBD-FM Document 2927-7 Filed 02/03/15 Page 8 of 46 Page 7 1 study, okay, and also used to be used for -- for very 2 important pe -- people coming from outside, you know, from 3 the -- Saudi Arabia, some people from -- being sent by the 4 ulema, Bin Baz, Uthaimeen, or -- or any shaykh, or 5 anybody, because it was also an Islamic study center, 6 okay. 7 So Shaykh Abu Haf Mauritani used to come every 8 day there, used to -- used to be split for -- Shaykh Yusef 9 al Mauritani as well, okay, Shaykh Aman al Mauritani was 10 also working there all the time. 11 There used to be a big library where all the 12 books -- Islamic books were there, so they will come all 13 the time, take books and bring them back all -- all the 14 time. 15 And also Shaykh Esa al Mauritani, okay. 16 Q The facility that you referred to as the 17 airport, was that some sort of compound? 18 A Yeah, it was a compound with -- within the 19 airport -- next to airport, a five-minute drive from the 20 actual airport of Kandahar, okay, and it was a compound 21 with -- with a big hangar, okay. 22 Then there was -- there was two -- it was split 23 in two, three -- two main -- two main section where -- 24 there was a gate where one section was -- it was all the 25 family, okay, where people, children, family was there, Javernick & Stenstrom, LLC 3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334 Case 1:03-md-01570-GBD-FM Document 2927-7 Filed 02/03/15 Page 9 of 46 Page 8 1 and Osama bin Laden was there; and, then, there was an 2 aflab, the -- the celibate people, okay, okay, and here 3 there was a guest house; and behind this there was the 4 media center where the -- we call it "Ali Allah," or media 5 center, and where there was also office for Shaykh Saeed, 6 and some people -- Shaykh Abu Hafs, the commander had 7 office there. 8 Q Was there a mosque in the airport compound? 9 A Yes, next to -- next to the house of Shaykh 10 Osama there was a mosque. 11 Q The guest house you ran, was that named "Hajji 12 Habash"? 13 A Yes, that's -- I -- I don't know if it was the 14 name that you give to the taxi, to the Rachians(sic) -- 15 the Karachians, the -- the free -- free-wheeler taxi, 16 okay, when you want to go there you say "Hajji Habash." 17 Q So if you wanted to go to the guest house you 18 would say "Hajji Habash"? 19 A Yeah, that's correct, that's what you would 20 say. 21 Q And was that directly across from the Arab 22 Institute? 23 A Yes. And just in front there was a mosque 24 that -- that was -- on the left there was a mosque, okay, 25 on the right there was a -- Javernick & Stenstrom, LLC 3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334 Case 1:03-md-01570-GBD-FM Document 2927-7 Filed 02/03/15 Page 10 of 46 Page 9 1 Q Was -- 2 A -- was the guest house, in the middle there was 3 Arab -- 4 Q Was the Ar -- 5 THE COURT REPORTER: In the middle was what? 6 MR. HAEFELE: Arabic Institute. 7 THE WITNESS: Arabic Institute. 8 THE COURT REPORTER: Thank you. 9 Q (By Mr. Carter) Was the Arabic Institute 10 associated with bin Laden's organization? 11 A It was created by him, he -- it was created 12 especially by Shayk Abu Hafs Mauritani, and he was the 13 Director, he was in charge. When we have the -- Bra -- 14 Braman Masli used to be the undersight guy, okay, but the 15 one that was Director of the Institute was Abu Hafs 16 Moritani. 17 Q What was your responsibility at the Hajji 18 Habash guest house? 19 A Shaykh Abu Hafs, the commander, asked me -- 20 the -- asked me -- I don't know -- the middle of 1999 or 21 2 -- 2000, okay, just -- the beginning and to the middle, 22 'cause I left I think May or June, okay -- he asked me 23 to -- to -- to -- to work with Abu Fouz, okay, and to 24 organize the shop, the canteen and the security, and -- 25 and do -- and -- and -- the shop, the canteen, the Javernick & Stenstrom, LLC 3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334