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Case 1:05-cv-00429-RJL Document 144-2 Filed 11/06/2008 of 20

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SECRE't';';'i'(OFORN

IN THE UNITED STATES DISTRICT COURT , FOR THE DISTRICT OF COLUMBIA

YOUSUF AL KARANI, et ai.,

Petitioners,

Y. Civil Case No. 05-CV-0429 (RJL)

GEORGE W. BUSH, President of the United States, ef al., ,

Respondents.

FACTUAL RETURN

~ ECftE't';';,!,l' 8 FORJIsol.


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Respondents hereby submit, as explained herein, a factual return pertaining to the

petitioner identified as the subject of the attached Narrative. This return sets forth factual bases'

supporting petitioner's lawful, ongoing detention pursuant to the Authorization for the Use of

Military Force and the President's power as Commander in Chief.

Dated: October 20, 2008 Respectfully submitted,

GREGORY G. KATSAS Assistant Attorney General

JOHN C. O'QUINN Deputy Assistant Attorney General

!JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. BarNo. 127191) TERRY M. HENRY JUDRY L. SUBAR (D.C. BarNo. 347518) PAUL AHERN P. MICHAEL TRUMAN Attorneys United States Department ofJustice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530

. Tel: 202-305-9909 Fax: 202-305-2685

Attorneys for Respondents

. ' Respondents reserve the right to seek le~ve to further supplement the record with additional factual bases supporting petitioner's detention, as necessary.

SECRE'i'fJ'?i OFOR-fi


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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

YOUSUF AL KARANI, et al.,

Petitioners, .

v. Civil Case No. 05-CV-0429 (RJL)

GEORGE W. BUSH, President of the United States~ et at.,

Respondents:

DECLARATION OF .REAR ADMIRAL DAVID THOMAS.


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Declaration of Rear Admiral David M. Thomas. Jr.

Pursuant to 28 U.S.C. § J 746, I, David M. Thomas, Jr., h.ereby declare

under penalty ofpejury under the laws of the United States of America that to the best of

my knowledge, information, and belief, the following is true, accurate, and correct;

r am a Rear Admiral in the United States Navy, with 3] years of active duty

service. I currently serve as Commander, Joint Task 'force~Guantanamo(JT.F~GTMO), at'

Guantanamo Bay, Cuba. I have held this position since 27 May 2008. As such, I am

directly responsiblefor the successful execution bfthe YIP-GIMO mission to conduct

,detention and interrogation operations in support of the Global War on Terrorism,

coordinate and implement detainee screening operations" and support law enforcement

"-and war crimes investigations.

The attached narrative and supporting materials from files of the Department of

Defense or other government agencies contain information used by the Department: of

Defense to establish the status of the individual who is the subject of the narrative as an

,enemy combatant and to substantiate their detention as an enemy combatant at

Guantanamo Bay, Cuba.

Dated:

r

(L/~ DAVID'M. THOMAS, JR. Rear Admiral, U.S. Navy


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UNITED STATES DISTRlCT COURT FOR THE DISTRlCT OF COLUMBIA

YOUSUF AL KARANI, et aI.,

Petitioners,

v. Civil Case No. 05-CV -0429 (RJL)

GEOERGE W. BUSH, President of the United States, et at.,

Respondents.

NARRATIVE REGARDING YOUSUF AL KARANI, ISN 269

Introduction

1. Petitioner You:;uf aI-Karam (Petitioner) is a citizen of Chad and native of Saudi

Arabia who is an admitted member ofal-Qaida.

Petitioner is properly detained as an enemy combatant under, inter

alia, the President's power as Commander-in-Chief and the Authorization for the Use of Military

Force.

SJBCR:E1';'ftWPORtt 1


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2. In the materials discussed herein related to the factual basis fot Petitioner's

detention and his assessment as a properly detainable enemy c'ombatant, there are documents

reflecting interviews with him and others conducted by law enforcement and intelligence

personnel, as well as information derived from other sources and methods. Information received

from these sources is commonly reproduced in reports created by the collecting officer. See

Declaration Such information is also commonly analyzed by

intelligence or law enforcement personnel and used to produce other intelligence products. Id.

These reports and intelligence products are routinely relied upon'by military or intelligence

personnel in making decisions to act upon threats to our national security, See Declaration of

3. As with all detained enemy combatants at Guantanamo Bay, Cuba, Petitioner has

been assigned an Intermnent Serial Number or ISN. The ISN is an administrative code assigned

to military detainees. Petitioner's full ISN is in which the number "269:' is '

Petitioner's unique identifier and the

Source documents attached as Exhibits to this Narrative may refer to Petitioner by name, full

ISN, or various short forms, such as "ISN 269."

, ' ,

4. It is common for those engaged in terrorist activities to use an alias, commonly

known in Arabic as a kunya. 1 Petitioner Yousuf al-Karani is known to have used multiple aliases

and name variations, including Muhammad Hamid Ali al-Qarani, ISN 269 FD-302 (JuI. 18,

2002) (stating this as his real name, and claiming that he paid to have false name_

on his passport); Yusif Abkar Salih al-Qar'ani (variant);

I A detaine~, stated that after arriving at an al-Qaida guesthouse in , Afghanistan, mujahideen fighters would pick or would be given a kunya prior to going to a training camp. IIR 6034101403.

SECMTh'NOFOR1>{ 2 '


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Abu Dujaneh, IIR 77393268,02 (collmuter

_Ustm:g variant "Mohammed Hamid al-Qar'aani" and alias "Abu Dujaneh")~ IIR 7739

339602

_); Ali Hassan Mahamat Hamid;. ISNIISIR (M,ay 26, 2005)

IIR 6 034 0270 05 _

See Declaration

on Names, Aliases, Kunyas and Variants.

5. The following Narrative and attached materials set forth factual bases supporting

Petit~oner's lawful detention. This Narrative is not intended to bea complete explication ofthe

information in support of Petitioner' s detention in those materials.

General Background , ,

6. Al-Qaida (translated from Arabic as "the Base") was founded byUsama bin

Laden and others in or about 1989 for the puxpose of opposing certain governments and officials

with force and violence. Nat'l Comm'n On Terrorist Attacks Upon The United States, The 9111

Commissiori Report 56 (2004) (9111 Commission Report). Usama bin Laden is recognized as

the Emir (prince or leader) of al-Qaida. Id. The purpose or goal of al-Qaida, as stated by Usama

bin Laden and other al-Qaida leaders, is to support violent attacks against'property and nationals

(both military and,civilian) of the United States and other countries. Id. at 59,:;:61.

7. Between 1989 and 2001, al-Qaida established training camps, guesthouses, and

business operations in Afghanistan, Pakistan, and other countries for the purpose of training and

supporting violent ~ttacks against property and nationals (both military and civilian) of the

United States and other countries. Id. at 64-67.

SECR-ETh'NOFORN .., .J


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8. In 1996, Usama bin Laden issued a public "Declaration of Jihad Against the

Americans." Thts declaration called for the murder of U.S. military personnel serving on the

. Arabian Peninsula. Id. at 48.

9. In February 1998, Usama bin Laden and Ayman al. Zawahiri (bin Laden's deputy)

issued afatwa (purported religious ruling) requirmg all Muslims able to do so to kill Americans -

whether civilian or military - anywhere in the world. Id. at'47.

10. Since 1989, members and associ.ates of al-Qaida, known and unknown, have

carried out numerous terrorist attacks, inciuding, but not limited to: the attacks against the

American Embassies in Kenya and Tanzania in August 1998, which killed approximately 250

people, id. at 68-70; ~e attack agairist the USS Cole in· October 2000, which killed 17 United

States Navy sailors, id. at 190-93; and the attacks on the United States on September 11, 200i,

which killed approximately 3,000 people. Id. passim.

11. The Taliban (students 6fIs1amic knowledge) is an Islamic fundamentalist group

that was formed in ~fghanistan in 1994. The Taliban in Afghanistan, available at

www.cfr.org/publicationll 0551. After two years of violent conflict that ~ncluded the capture of

Kabul, Afghanistan's capital, the Talibim took control of Afghanistan's nati~nal gciveriunentin

1996. 9/11 Commission Report at 65. Although it was never formally recognized by the United

States, id. at 124, the Ta1ib~ controlled Afghanistan~s national government from 1996 until the

United States-led military campaign ousted the Taliban from power in 2001. Id. at 337-38.

During the period in which the Taliban controlled Afghanistan's national government, it

provided safe harbor and support to al~Qaida and Usamabin Laden. ~d. at 64-67.

12. On September 18,2001, following the attacks on the United States on September

11,2001, Congress adopted the Authorization for the Use of Military Force. 115 Stat. 224

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(2001). Recognizing that the attacks of September 11,2001 "render it both necessary and , appropriate that the United States exercise its rights to self-defense and to 'protect United States

citizens at home and abroad," Congress authorized the President "to use all necessary and

appropriate force against those nations, organizations, or persons he determines planned,

authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or

harbored such organizations or persons, in order to preyent any future acts of international

terrorism against the United States by such nations, organizations or persons." Within weeks,

United States military forces were deployed in Afghanistan: 9111 Commission Report at 337.

13. 'The United States led the initi~l aerial bombing campaign of Afghanistan, with

ground forces composed of United States forces and Afghanistan militia opposed'to the Taliban,.

including the Northern Alliance. The Northern Alliance is an association of Afghan groups

opposed to the Taliban. The Northern Alli,ance has assisted the United States in its ~ilitary'

campaign in Afghanistan, to defeat al-Qaidaand the Taliban. Id. at 330-34; 336-38.

14. In December 2001, the United States-led military campaign removed the Taliban

from control of Afghanistan's national goveI1lIlient. Id. at 337-38. Taliban and al-Qaida forces,

however, have continued to operate in Afghanistan and attack coalition forces. Currently, two

major military operations are underway in Afghanistan. First, Operation Enduring Freedom

(OEF) is a multinational coalitiol1military oper~tion, led by the United States, initiated in

October 2001 to counter terrorism and bring security to Afghanistan in collaboration with

Afghan forces. See .WWW.state/gov/r/paiprs/ps/2006/60083.htm. OEF operations led to the

collapse of the Taliban government and helped bring security and stability to Afghanistan. Id.

OEF involves troops from over 20 nations, including about 19,000 United States forces and

about 3,000 non-United States troops. M" Second, the International Security Assistance Force

SECRETHNOFORN 5


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(ISAF) is,a United Nations-mandated international coalition operating under the command of the

North Atlantic Treaty Organization (NATO). See www.nato.intlisaf/index.html. ISAF wa~ , ,

established in 2002 with the goal of creating conditions for stabilization and reconstruction in

Afghanistan. ISAF is. comprised of approximately 50,000 troops from 40 countries. Id.

15. Petitioner was transferred from Pakistani to United States custody, arid flown to

Kandahar, Afghanistan. While in United States custody in Kandahar, Petitioner admitted to

being a member of al-Qaida. ISN 269 FM40 (May 26, 2003). He later claimed that he admitted

being a member of al-Qaidaonly after being yelled at by Egyptian forces 'and beaten by U.S.

forces. ld.; ISN 269 FD 302 (JUn. 13,2003). However, when shown a photograph that was

taken of him in Kandahar, and asked to identify where he was beaten, Petitioner admitted to

lying about the beatings. ISN 269 FD-302 (Apr. 14,2003).

16.

list of known al-Qaida members. IIR 7739

3294 02; ~ also TRRS 04 03 0907 (stating that Abu al-Faraj al-Libi ran a guesthouse for

mujahideen in Kandahar).

IIR 6.034 0275 03; TRRS 04 03 0907 (stating that Kllair was a member of

bin Laden's shura council).

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SECRE'fllr"oforu"

sarna bin Laden. IlR 6044912706; IIR 6105094706.

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IIR7739

324502; IIR 7739326802.

In 2006, aI-Masri was convicted in the United Kingdom on 11 charges of soliciting murder and

raCial hatred by using his sermons to encourage followers to kill non-Muslims. British Jury

Finds Muslim Cleric Guilty ofInciting Murder, New York Times, February 7, 2006. AI-Masri

possessed a ten-volume ~'Encyclopedia of the Afghani Jihad" which included instructions on how

to make explosives and identified the Statue of Liberty as a potentialterrorist target. British Jury

Finds Muslim Cleric Guilty ofInciting Murder, New York Times, February 7, 2006.

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23. etitioner claimed that he had never entered Afghanistan prior to being

captured, ISN 269 FM40 (May 26, 2003); ISN 269 FD-203 (Jun. 13,2003),

Training Camps. It was known to have been frequented by

Usama bin Laden, who would greet the fighters before they left for training. ISN

12, 2005); IIR 6 034 1014 03 (based on an interview with ISN .2).

2 The author of _ memorandum commented, describing another detainee that his credibility was in question with interrogators.

(Oct.'

Memorandum (May 14,2004). A more recent assessment by the Department of Defense stated . Sfl€lli3TH~fOFOffl~ .

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(Dec. 20, 2004). Petitioner

confirmed in an interview that his parents were from Chad, but that they moved to Saudi Arabia

before Petitioner was born. ISN 269 FD-302 (Feb. 6,2003). He admits that he was born and

25.

See IIR 2 340 6278 02 ~l-Qaida

operatives Zaccarias Moussaoui and Richard Reid

that _ '_'~oved to be a reliable source of information." DOD Assessment Support Package for ISN.. .

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26 .

. he met Petitioner at al-Farouq).

302 (Apr. 2,2003) (fellow detainee statement that al-Farouq was an al-

Qaida camp); ISN 002 FD-302 (Feb. 21, 2003) (detainee statement that al-Farouq was funded by

al-Qaida); ISN 02 (May 15; 2002) (fellow detainee statement that all the books used at

al-Farouq were stamped "al-Qaida").

27. Among other things, mujahideen fighters at al-Farouq trained in the use of the

Kalashnikov rifle, PK machine gun, and rocket-propelled grenades.

02 (May 17,2003) (stating separately that he was at al-

Farouq with bin Laden prior to the 9/11 attacks).

28. Following the terrorist attacks on the United States on September 11,2001, the

United States and allied forces began their military campaign in Afghanistan against al-Qaida

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and the Taliban in early October 2001. See 9/11 Commission Report at 337-38. Airstrikes

against al-Qaida targets in Afghanistan began on October 7, 2001. rd. at 337.

. 29. Tora Bora is the name of a cave complex in the White Mountains of eastern

Afghanistan at the border ofNangarhar, Afghanistan, and Parachinar, Pakistan. This cave

complex was built in the early 1980s to support mujahideen forces who fought against the

Soviets. Usama bin Laden used the cave complex at Tora Bora as his headquarters in the 1990s.

prior to being captured at Tora Bora, many fighters came up with cover stories. ISN

(Mar. 10, 2005). ""1"\I"\'l'1',>11 that Petitioner's story of being a humanitarian relief worker

was a cover that Petitioner came up with while at Tora Bora. rd.·

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Petitioner's Cover Story is Riddled with Contradictions

31. Petitioner claimed that he traveled to Pakistan from Saudi Arabia in order to study

English and computers. ISN 269 FD-302 (Apr. 25, 2002). However: he provided conflicting

accounts of how his travel'to Pakistan was funded.

with ISN 269 FD-302 (Jun. 13,2003) (claiming that his family was against his going to Pakistan,

they did not provide any.money for trip, and he paid for his own travel), and ISN 269 FD-302

(Feb. 6,2003) (claiming that he earned money for his trip to Pakistan by selling prayer rugs and

prayer beads during the Haj, and by receiving donations the brother

32. Petitioner similarly contradicted himself with respect to his passport. In

particular, he initially claimed that when he went to the Chadian Embassy in'Saudi Arabia, they

told him that if he did not return in the time allotted; the Saudi government could seek retribution

o:q. his family. ISN 269 FD~302 (Apr. 30,2002). The Embassy a11egedly told him that ifhe

obtained a passport under a different name, the government could not trace it back to his family.

Id. He therefore paid 500 Saudi Riyals to the Embassy to obtain the fraudulent passport. Id.' In

a later interview, however, Petitioner claimed that the Embassy provided him a fraudulent

passport so that he could remain abroad longer. ISN 269 FD-302 (Mar. 14,2003). Later still, ,

Petitioner claimed that he did not understand why he was given a fraudulent pa&sport, nor did he

ask for it to be done. ISN 269,FD.;302 (Jun. 13,2003).

~ECaBT/~TOFOffi(

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actively supports terrorism and provides cover for those inyolved in terrorist activities. See IIR 2

227 0131 03 (Pakistani news source, reporting that JT supports Islamic terrorist groups,

including al-Qaida, and provides cover for terrorists as preachers); TRRS-04-03-1 083 (FBI

report of JT leader in the United States, inviting individuals to join JT and advocating destruction

of all non-Muslims and Americans all o'ver the world).

34. Petitioner later abandoned this ver~ion of his story, and claimed that after arriving

in Pakistan he met two who helped him try and enroll in school.

ISN 269 FD-302 (Mar. 14, 2003). Petitioner stated that he was unable· to enroll in school in

Pakistan because he arrived after the school term had already started and the schools were no

longer accepting applications. ISN 269 FD-302 (Apr. 25, 2002).

IIR 6 034 0563 04 ..

35. Petitioner stated that when he was unable to enroll in school, he agreed to join

doing a dawa (missionary work). ISN 269 FD-302 (Mar .. 14, 2003); ISN

269 Knowledgeability Brief (Feb. 13, 2002). He claimed that they traveled from village to

village in Pakistan teaching the Koran in the mosques. ISN 269 FD-302 (Jun. 13,2002). At one

point, he claimed that he was involved in this volunteer work for five months before he was

. captured. ISN 269 FD-302 (Jun. 13,2002).

36. Petitioner likewise contradicts himself in recounting the circumstances of his

capture. To begin, Petitioner asserted on multiple occasions that h.e lost his passport while doing

. SE€fffiT~lOFORW 14

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missionary work in Pakistan, and when he went to report the missing passport he was arrested by

Pakistani officials. See, e.g., ISN 269 FD-302 (Apr. 30,

37. Other sources indicate that he was arrested after fleeing Afghanistan. In

. p'articular, a London based Arabic newspaper, al ~Quds al~Arabi, reported that Petitioner was

captured by Pakistani officials after h~aving Afghanistan in mid-December 2001.

GMP20020111000090. The article states that most of those captured are Y0l:llg people who

came to Afghanistan prior to the U.S. invasi~n, and who decided to leave because they had not

flnished their training and were unprepared for the war. Id. It also reported that the ¢aptured

individuals left Afghanistan from the area bordering Afghanistan's'Nangarhar province. Id. In

listing the names of those capture~, the article reports that Petitioner, "Muhammad bin~Hamid al-

. . Qar'ani (Abu Dujanah)," w~s captured carrying~ forged passport in the name of "Yusuf Abkar

Salih-his niclmame." Id.

38. Another Arabic newspaper in London, aI~Sharq aI~Awsat, reported th~ same

account and added that senior al~Qaida member Ibn al~Shaykh al-Ubi was among those

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Conclusion

,Given Petitioner's admitted affiliation with

at an al-Qaida training camp, and the fact that he was

Tora Bora, Petitioner is properly detained as an enemy combatant.

SECREl'/H'+OFOAA 16

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