brief - Iran 911 Case

after September 11, 2001, in the forms of direct facilitation of the hijackers‘ travel,training, and provision of a safe haven. Dr. Byman also notes, significantly, that there isno chance that any of that material and direct support was performed by rogue agentswithout direct knowledge and approval of Iran‘s Supreme Leader and the IRGC.It is my professional judgment that there is clear and convincingevidence that Iran has provided material support for al Qaeda in general asdefined in 18 U.S.C. Section 2339A(b)(1). This assistance predated the9/11 attack and continued after it, and it had profound implications for the9/11 attack itself. Over the years the support has included assistance withtravel, a limited safe haven, and some training at the very least.. . . .. . . [I]n my expert opinion, there is strong support for the view ofthe 9/11 Commission that additional investigation by the U.S. Governmentinto Iranian support for al Qaeda and terrorism in general is necessary.In sum, in my judgment there is strong support for [the] claim thatIran has provided important material support for al Qaeda including directtravel facilitation for the so-called ―muscle hijackers‖ as noted in the 9/11Commission Report. This support comes from a range of sources,including U.S. documents and even statements by al Qaeda leaders.Ex. 3, Byman Affid. 14, 68-69 (emphasis omitted and font normalized).c. Janice L. Kephart served from 1996 to 1998 as an attorney for the U.S.Senate Judiciary Committee‘s Subcommittee on Technology, Terrorism and GovernmentInformation. During this time, Ms. Kephart conducted research on terrorist attacks,sharing information with the Department of Justice, the Central Intelligence Agency, andthe Senate Select Committee on Intelligence. Ms. Kephart was a key member of the 9/11Commission staff ―border team‖ that traced and analyzed the hijackers‘ travel and ingressinto the United States. She was a principal author of the 9/11 Commission Staffmonograph entitled 9/11 AND TERRORIST TRAVEL, published just after the 9/11 REPORT,that examined the terrorists‘ travel operation in detail. In her 78-paragraph affidavit (Ex.4), Kephart examines the reasons the terrorists‘ travel operation was crucial to the 9/1124