Senator KYL. Thank you very much, and, again, I thank all three of you for being cognizant of our time constraints here.

Let me begin, Mr. Emerson, with a question that I asked Mr. Watson of the FBI after recounting to him the summary by the CIA just yesterday of the two fatwas that have been publicly disclosed now. What is your opinion, based upon your extensive research, on how concerned Americans ought to be about this?

Mr. EMERSON. The fatwa issued by Usama Bin Ladin and other militant leaders was actually not the first one. The first fatwa was issued last year, and it followed the twin bombings in Saudi Arabia that killed a total of 24 Americans in 1995 and 1996.

I believe this is very serious. It also shows the global village phenomenon. No longer are Americans protected here. The ability of Usama Bin Ladin to interfere, inject his hand in the United States today, is very apparent. In fact, it is believed by law enforcement that Usama Bin Ladin has a network in the United States in several cities and would be very easily able to carry out strikes here if he so desired. And, unfortunately, if we look at the graph of violence, starting from 1981 through the present, we see the migration of violence going from the Middle East into the West, particularly into the heart of the United States.

Senator KYL. I might note that our chairman, Senator Hatch, has been instrumental in discussing further Bin Ladin and his activities here.

Let me just ask you a second question relating to the South Florida University matter. You indicated that one of the principal persons of interest in that investigation—well, I am not sure you mentioned his name, but it is in your statement, Professor Sami AlArian. According to the affidavit in support of the search warrant for the on-campus office and personal residence, he teaches computer science at South Florida and is considered a computer specialist. And news articles indicate that he earned his doctorate in engineering from North Carolina State and won honors for his computer work there.

Considering his computer expertise, I am curious whether during the course of the search warrant executed on his office and residence, whether encrypted computer files were found; and if so, to what extent law enforcement was able to decrypt these files, if you know.

Mr. EMERSON. There was a major problem in the encryption or the decryption of the files that were subpoenaed and retrieved by the FBI, and that showed one of the major problems faced by the FBI today in the whole rise of encryption programs. I understand that not only was FBI personnel unable to immediately unencrypt it, but it was unable to be solved through other agencies as well, until finally 8 months after it was finally worked on that the ability to see what was in the files was solved.

This is a major problem. I can also tell you, based on the documents with the Mousa Marzook extradition request, that it showed that the Hamas commanders specifically recruited those activists not only capable of carrying out violent attacks like killing, but those that has chemical and biological expertise and those that has computer expertise so that they could jam the computers and launch information warfare against their enemies.

Senator KYL. Thanks very much. We will get independent confirmation from the FBI as part of our written record, but I thought perhaps you would be familiar with that.

Senator Feinstein.

Senator FEINSTEIN. I notice on the pages where you discuss Mr. Marzook that he essentially came to this country to get a doctorate degree in Louisiana. What was that degree in? I am just curious. Mr. EMERSON. I can't recall offhand. I think it was computer science, but I would have to get back to you for sure.

Senator FEINSTEIN. And then, of course, he went out and set up the Hamas network.

Mr. EMERSON. Well, he stayed here. He didn't get his degree immediately. He kept getting his student visa renewed. And while he was getting his student visa renewed, he set up the Hamas empire in the United States, together with other students.

In fact, the whole origin of the radical Islamic network in the United States originates from graduate students who came to the United States and stayed. In fact, there is a large network called the Muslim Student Association, which I wouldn't say is totally radical, but there are many people who are in that group, as well as in the Muslim Arab Youth Association, which uses the word "youth," that are well into their 60's and 50's. It is a radical group that promotes a radical agenda, and it shows that the use of student visas is a major vehicle in the United States for militants to come and stay here. And once they stay here, you know how very difficult it is to get them out.

Senator FEINSTEIN. Do you have any other information that you might be able to provide the committee on how terrorists come to this country, how they avoid our immigration authorities, and what devices they use?

Mr. EMERSON. I would be happy to provide the committee with some of the investigative findings that I have acquired in the last several years about some of the means by which terrorists are able to evade detection at the Canadian border, especially in the Vancouver area, how they are able to come up through Mexico, how they are able to buy credentials overseas, how they are also able to manipulate American embassies in certain parts of the Arab world into giving them visas, in part because of the lack of sophisticated systems to check all names.

There are various means by which this country has become thoroughly porous to anybody who really wants to get into it. The most recent case occurred just in the last month and a half or so when there were a series of radical Islamic conferences held in the United States, held in Chicago, in Detroit, California, at which leading Islamic militants from outside the United States exhorted their followers to kill, openly kill Jews, to condemn the United States, attack the United States, and these were militants that ought not to have gotten into the United States. How they did, I can't explain it.

Senator FEINSTEIN. Thank you very much, Mr. Emerson.

Mr. Ashmawy, I was reading your comments and listening to you as well, and I just want to say I am really very glad that there are people like yourself, many people like yourself.

One of my deep concerns is that I see in this country a kind of rising bigotry toward Muslims, and I think that is tragic. And I am just very, very pleased that you were able to set the record straight, that Islam does not preach this kind of hatred and this kind of fanatical terrorism.

Unfortunately, you know, in a way, the actions of the few sort of condition the many, and your being here, I think, this morning and setting the record straight is a very important and significant contribution. I for one really want to use your statement to send it out to many of my constituents who write to me and make some challenging statements. So I am very grateful that you are here this morning.

Thank you.

Mr. ASHMAWY. Thank you for giving me the opportunity to speak.

Senator FEINSTEIN. Thanks, Mr. Chairman.

Senator KYL. Thank you. And, again, I want to commend all of our panelists here and everyone in the audience for being so cooperative and being concerned about our time constraints. We are now right at the moment where we have to conclude the hearing. For the record, I would like to submit four other pieces of testimony and two reports. Without objection, they will be submitted. [The prepared statements and reports are located in the appendix.]

Senator KYL. Without objection, we will leave the hearing record open for ten days for submission of our questions or any statements the witnesses might want to make.

Again, I thank you very much for your presence here today.
This hearing is now concluded.

[Whereupon, at 12:46 p.m., the subcommittee was adjourned.]

APPENDIX

QUESTIONS AND ANSWERS

RESPONSE OF GIL CHILDERS AND HENRY DEPIPPO TO A QUESTION FROM SENATOR

KYL

STATE SPONSORSHIP

Question 1. Could you describe for the subcommittee any existing evidence pertaining to links between the conspirators and countries designated as state sponsors of terrorism, and the extent that this evidence reveals, or does not reveal, further evidence of state sponsorship or state acquiescence to the perpetrators' intentions to bomb the World Trade Center complex.

Answer. As we stated during our oral testimony, as prosecutors, our purpose was to present the evidence that had been assessed during investigation of the World Trade Center bombing relating to the defendants at trial and their co-conspirators. No foreign government or agent or official of a foreign government was named as a defendant or identified as a co-conspirator of the defendants on trial. Accordingly, there was no proof admitted into evidence concerning any connection between a foreign government (or official or agent thereof) and the World Trade Center bombing.

QUESTIONS OF SENATOR KYL TO PATRICK COLGAN

THE CONSPIRACIES

Question 1. Please provide a succinct chronology of the conspiracies for which Sheik Rahman and his co-defendants were prosecuted and convicted.

THE PROSECUTION

Question 2. Please list the defendants in the Sheik Rahman trial. Accompanying this list, please provide, per defendant: nationality, immigration status at the time of arrest, and a basic description of prosecuted activity.

UNITED STATES CONNECTION

Question 3. How did each defendant come into contact with the other defendants once in the United States?

SUPPORT INFRASTRUCTURE

Question 4. What type of support infrastructure was in place to facilitate the operations of Sheik Rahman and his co-conspirators? I am specifically referring to the means employed by the co-conspirators to facilitate their conspiracies, such as housing, immigration, financial support, and other forms of criminal activity.

TERRORIST GROUP AFFILIATIONS

Question 5. Based upon your extensive investigation into Sheik Rahman and his co-conspirators, were any of the individuals prosecuted Sheik Rahman trial members or affiliates of foreign terrorist organizations? If yes, would you please inform the subcommittee of the names of foreign terrorist organizations, the names of the defendants affiliated with these organizations, and the nature of the affiliation or involvement of these organizations with these individuals.

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