Bin Laden's former driver challenges interrogator's testimony at Guantanamo
trial


By MIKE MELIA | Associated Press Writer 
7:59 PM EDT, July 30, 2008 

http://www.newsday.com/news/nationworld/ats-ap-guantanamo-bin-ladens-driverj
ul30,0,407390.story

GUANTANAMO BAY NAVAL BASE, Cuba (AP) _ A former driver for Osama bin Laden
denied Wednesday that he had sworn a loyalty oath to the al-Qaida leader,
contradicting potentially damaging testimony from a Defense Department
interrogator.

Salim Hamdan, a Yemeni, testified at his war crimes trial that a nine-hour
interrogation in May 2003 focused almost entirely on whether he swore an
Islamic oath, or "bayat," to his boss, but he refused to discuss the topic.

"I never talked to them about this issue," Hamdan told the judge through an
Arabic interpreter. "I never pledged allegiance."

Judge Keith Allred, a Navy captain, is evaluating whether the interrogation
is tainted by coercion and therefore inadmissible as evidence at the first
American war crimes trial since World War II. He said he would issue a
ruling by Thursday morning.



If the judge allows the jury to hear testimony of Naval Criminal
Investigative Service agent Robert McFadden, it would contradict the defense
lawyers' claim that Hamdan was merely a low-level bin Laden employee with no
allegiance to al-Qaida.

McFadden said he would testify that Hamdan acknowledged taking "an oath of
allegiance to bin Laden and the cause, the cause being expelling Jews and
Christians from the Arabian peninsula."

Hamdan was captured at a roadblock in southern Afghanistan in November 2001
with two surface-to-air missiles in the car. He faces a maximum life
sentence if convicted of conspiracy and supporting terrorism.

Allred, who has dismissed other statements Hamdan made under "coercive"
conditions, said he would hold this interrogation to a high standard to
penalize the government for delivering hundreds of pages of prison records
after court-imposed deadlines.

"You're on the hot seat," Allred told prosecutors.

Prosecutors said they have taken steps to prevent future delays and should
not lose a vital piece of evidence as punishment. McFadden, an Arabic
speaker, is the only one of nearly a dozen U.S. agents to testify at trial
that the defendant swore the loyalty oath.

John Murphy, a civilian prosecutor with the Justice Department, also urged
the judge to accept McFadden's word over testimony from Hamdan, who often
grinned on the witness stand and struggled to understand many of the
questions on cross-examination.

"I think we're dealing with a very manipulative accused," Murphy said.

The defense team has been sifting through more than 1,000 pages of new
records, some of them delivered after the start of trial, for material
supporting Hamdan's allegations he was subjected to sleep deprivation,
solitary confinement and sexual humiliation during more than six years at
Guantanamo.

Military personnel from the detention center testified he was transferred to
another cell near 11 p.m. the night before McFadden's interrogation, but
said the prison records did not clearly explain why. The prisoner, who is in
his late 30s, said he was "very tired" during the interrogation.

Hamdan agreed with McFadden that he did not complain about any mistreatment
during the interrogation, but he said that was only because other agents did
not respond to his complaints.

"When I complain to them, they don't actually help me," he said. "To the
contrary, they become worse."

McFadden testified that Hamdan was at ease during the interrogation, showed
no signs of sleepiness and appeared to enjoy the conversation with him and
his partner, a native Arabic speaker from the FBI.

Hamdan is one of 21 prisoners facing charges at Guantanamo. Military
prosecutors say they are planning trials for 80 of the 265 foreign men held
here on suspicion of terrorism or links to al-Qaida or the Taliban.


 
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