American Airlines, Inc. et al v. Federal Bureau of Investigations, et al

Filing 37

Attachment 34
DECLARATION of Desmond T. Barry in Support re: 35 MOTION for Summary Judgment Setting Aside the Federal Bureau of Investigations Refusal to Allow the Depositions of Certain Witnesses and Accompanying Documents.. Document filed by American Airlines, Inc., AMR Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37)(Barry, Desmond)

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American Airlines, Inc. et al v. Federal Bureau of Investigations, et al Doc. 37 Att. 34 Exhibit 34 Dockets.Justia.com In The Matter Of: IN RE SEPTEMBER 11 LITIGATION __________________________________________________ LARRY WANSLEY April 4, 2007 __________________________________________________ HIGHLY CONFIDENTIAL TC REPORTING in affliation with Merrill Legal Solutions 420 Lexington Avenue - Suite 2108 New York, NY 10170 PH: 516-795-7444 / FAX: 212-692-9171 WANSLEY, LARRY - Vol. II Page 418 1 12:32:39 12:32:41 12:32:44 12:32:47 12:32:50 12:32:52 12:32:53 12:32:55 12:32:58 12:33:01 12:33:09 12:33:10 12:33:22 12:33:26 12:33:28 12:33:33 12:33:34 12:33:35 12:33:51 12:33:51 12:32:08 12:32:09 12:32:13 12:33:52 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LARRY WANSLEY - HIGHLY CONFIDENTIAL The witness can answer but only to the extent he does not reveal, his testimony does not go to any information that has been designated SSI in any security directive and redacted out. Q. A. everything. You can answer. I wasn't sure if I heard Would you mind speaking a little I louder, ma'am, or can someone give you a mic. am old, I can't hear too well. MS. VARGAS: room. It is a very long The witness can answer the question to the extent that he testifies only to SDs in their redacted form. Not to any information So the universe of that is under SSI redaction. SDs. Q. A. You can answer the question. Repeat the question, please. (The pending question was read as follows: "Question: Did you receive any security directive prior to 9/11, 2001 mentioning in any way the 9/11 hijackers?") Q. Or any of them? TC REPORTING in affliation with Merrill Corp., (516) 795-7444 bc533a1c-ea0f-4563-bb02-97becf7c4260 Page 419 1 12:33:53 12:33:56 12:33:58 12:34:03 12:34:08 12:34:10 12:34:14 12:34:22 12:34:22 12:34:23 12:34:28 12:34:31 12:34:34 12:34:38 12:34:42 12:34:45 12:34:48 12:34:52 12:34:55 12:34:58 12:35:03 12:35:07 12:35:19 12:35:23 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LARRY WANSLEY - HIGHLY CONFIDENTIAL A. Q. Not that I recall. Now, let's look at the redacted I direct you to Does version of Exhibit 418. subparagraph Roman II on the first page. that subparagraph provide instructions as to what the aircraft operator was supposed to do with the individuals identified in this security directive? MR. GREEN: A. Object to the form. Subsection 2 and sub, subsections A, B, C and D do. Q. What are the directives, the redacted directives as set forth in Exhibit 418 as to what the air carriers are supposed to do with the listed but unidentified individuals? A. Not transport that individual or his or her baggage, immediately notify appropriate law enforcement authorities and provide them with the information in this directive. Immediately notify all other U.S. aircraft operators at the airport, immediately notify the FAA 24 hour watch at 202-267-3099. Q. If the CIA and the FBI had contacted the FAA in late August, 2001 and had TC REPORTING in affliation with Merrill Corp., (516) 795-7444 bc533a1c-ea0f-4563-bb02-97becf7c4260 Page 420 1 12:35:29 12:35:35 12:35:39 12:35:42 12:35:47 12:35:49 12:35:50 12:35:51 12:35:52 12:35:52 12:35:54 12:35:55 12:36:00 12:36:03 12:36:07 12:36:08 12:36:09 12:36:11 12:36:16 12:36:19 12:36:22 12:36:29 12:36:31 12:36:34 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LARRY WANSLEY - HIGHLY CONFIDENTIAL asked the FAA to put al Mihdhar and Al Hazmi on a no fly list or a watch list, could the FAA have issued a security directive similar to Exhibit 418 but relating specifically to al Mihdhar and Al Hazmi? MR. TOMASIK: MS. HESSION: the question. Q. A. Q. You can answer. Yes. Would you, based on your experience Object to the form. Object to the form of with the FAA and as security director for nine years prior to 9/11 of American Airlines have expected the FDA to issue such a directive? MS. HESSION: A. Q. A. Q. The FAA? Yes. Yes. If American Airlines had received a Object to the form. security directive from the FAA in late August 2001 placing al Mihdhar and Al Hazmi on a no fly list or a watch list, what steps could American Airlines have taken to implement that directive? MS. HESSION: Object to the form of TC REPORTING in affliation with Merrill Corp., (516) 795-7444 bc533a1c-ea0f-4563-bb02-97becf7c4260 Page 421 1 12:36:34 12:36:38 12:36:39 12:36:42 12:36:46 12:36:53 12:36:54 12:36:56 12:36:56 12:37:00 12:37:02 12:37:04 12:37:06 12:37:07 12:37:12 12:37:15 12:37:19 12:37:22 12:37:25 12:37:28 12:37:33 12:37:34 12:37:35 12:37:36 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LARRY WANSLEY - HIGHLY CONFIDENTIAL the question. A. American Airlines would have immediately put that information into our systems which would have been accessible to all agents that would be dealing with or processing passengers. Q. By systems are you referring to computer systems? A. Q. Yes, sir, computer systems. Could that directive if received in late August have been implemented by American Airlines and put into the system prior to September 11th? A. Q. Yes, sir. If al Mihdhar and Al Hazmi were on an FAA no fly list or watch list of the type we've been discussing, what would you in your experience have expected to happen when they attempted to check in under their own names for Flight 77 on the morning of 9/11, 2001? MR. PEPE: Lacks foundation. MR. PARSONS: A. Object to the form. Object to the form. Their names would have been in the TC REPORTING in affliation with Merrill Corp., (516) 795-7444 bc533a1c-ea0f-4563-bb02-97becf7c4260 Page 422 1 12:37:37 12:37:40 12:37:43 12:37:46 12:37:54 12:37:56 12:37:59 12:38:01 12:38:03 12:38:04 12:38:05 12:38:05 12:38:06 12:38:08 12:38:13 12:38:16 12:38:18 12:38:21 12:38:24 12:38:28 12:38:31 12:38:32 12:38:33 12:38:35 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LARRY WANSLEY - HIGHLY CONFIDENTIAL system. It would have come to the immediate Law attention of the agent processing them. enforcement would have been notified and they would have contacted the individuals. Q. If the security directive had instructed the ticket agent to notify a law enforcement officer, would you have expected the ticket agents to do so? MR. PARSONS: MS. HESSION: the question. A. Q. Absolutely. Based on your experience, sir, your Object to the form. Object to the form of long experience as an FBI agent, as an airline security director and as a State Police man, would you have expected law enforcement at Dulles to have detained al Mihdhar and Al Hazmi for questioning upon learning that they were the subject of an FAA security directive and were wanted for questioning by the FBI and CIA as suspected terrorists? MS. HESSION: the question. MR. PEPE: Roger, we are getting a Object to the form of TC REPORTING in affliation with Merrill Corp., (516) 795-7444 bc533a1c-ea0f-4563-bb02-97becf7c4260 Page 423 1 12:38:37 12:38:40 12:38:41 12:38:43 12:38:44 12:38:46 12:39:15 12:39:15 12:38:06 12:38:07 12:38:10 12:38:15 12:38:17 12:38:20 12:38:23 12:38:26 12:38:28 12:38:31 12:39:16 12:39:17 12:39:18 12:39:20 12:39:22 12:39:25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LARRY WANSLEY - HIGHLY CONFIDENTIAL bit far afield here. MR. PODESTA: Perhaps for you, Doug, since you are not a plaintiff in Flight 77. Q. Wansley. (The pending question was read as follows: "Question: Based on your You may go on. You may answer, Mr. experience, sir, your long experience as an FBI agent, as an airline security director and as a State Police man, would you have expected law enforcement at Dulles to have detained al Mihdhar and Al Hazmi for questioning upon learning that they were the subject of an FAA security directive and were wanted for questioning by the FBI and CIA as suspected terrorists?") MS. SMITH: the question. A. In my opinion law enforcement there Object to the form of would have been all over the situation, by that I mean they would have immediately responded and taken custody of them. TC REPORTING in affliation with Merrill Corp., (516) 795-7444 bc533a1c-ea0f-4563-bb02-97becf7c4260 Page 424 1 12:39:26 12:39:28 12:39:31 12:39:35 12:39:38 12:39:42 12:39:45 12:39:45 12:39:45 12:39:46 12:39:51 12:39:54 12:39:56 12:40:01 12:40:05 12:40:09 12:40:10 12:40:11 12:40:11 12:40:11 12:40:13 12:40:14 12:40:16 12:40:19 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LARRY WANSLEY - HIGHLY CONFIDENTIAL Q. Would you have expected Dulles law enforcement, based on your experience as an FBI agent, an airline security director and State policeman to detain al Mihdhar and Al Hazmi for questioning at least until the FBI and CIA could be contacted? MS. HESSION: the question. A. Q. Absolutely. According to the Kean Commission Object to the form of report Nawaf al Hazmi presented himself at the ticket counter with his brother and traveling companion, Salem Al Hazmi. In these circumstances would you have expected the law enforcement officer to detain Salem Al Hazmi for questioning as well? A. Absolutely. MS. HESSION: the question. Q. Would that have been basic good law Object to the form of enforcement practice? A. That would have been fundamental basic and wise law enforcement practice. MR. TOMASIK: Objection, move to TC REPORTING in affliation with Merrill Corp., (516) 795-7444 bc533a1c-ea0f-4563-bb02-97becf7c4260 Page 425 1 12:40:20 12:40:20 12:40:22 12:40:26 12:40:28 12:40:31 12:40:32 12:40:32 12:40:33 12:40:34 12:40:38 12:40:40 12:40:44 12:40:46 12:40:49 12:40:51 12:40:56 12:40:57 12:40:57 12:40:58 12:41:00 12:41:01 12:41:03 12:41:04 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LARRY WANSLEY - HIGHLY CONFIDENTIAL strike. Q. Would you have expected the law enforcement officer to detain Salem Al Hazmi at least until it could be determined he was not a suspected terrorist, unlike his brother? A. Yes. MS. HESSION: the question. MS. SMITH: Q. Object to the form. Object to the form of The Kean Commission report notes al Mihdhar checked in at the American Airlines ticket counter with his traveling companion Majed Moqued. In these circumstances, based on your experience that we recounted, would you have expected the law enforcement officer at Dulles to detain Moqued for questioning? MS. HESSION: the question. A. Q. Yes, that's true, I would. At least until it could be Object to the form of determined whether or not he was also a suspected terrorist? MS. HESSION: the question. Object to the form of TC REPORTING in affliation with Merrill Corp., (516) 795-7444 bc533a1c-ea0f-4563-bb02-97becf7c4260

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