First "high value" Gitmo detainee pleads guilty
This story was written by "60 Minutes" producer Henry Schuster.
(CBS) FORT MEADE, MD - One of the men the United States government considers a high-value detainee pleaded guilty Wednesday to multiple terrorism-related charges, possibly making it easier for the government to proceed against other detainees.
Majid Shoukhat Khan appeared before a military judge in Guantanamo Bay, Cuba to enter his plea of guilty to charges of murder in violation of the law of war, attempted murder, material support for terrorism and spying.
Khan's sentencing will be postponed for four years, pending his cooperation in testifying against the other detainees. If he keeps his end of the deal, Khan faces a maximum of 19 years, with the clock beginning immediately. He has been in custody since March 2003.
"If I keep my side of the bargaining, they keep their side of the bargaining," Khan said while talking with the judge, Col. James Pohl. While the judge said Khan's sentence could be reduced, he made it clear that Khan could face detention beyond his sentence.
"I'm making a leap of faith here, sir, that's all I can do," Khan said.
Court document: Stipulation of facts(.pdf)
Court document: Offer for pre-trial agreements(.pdf)
Court document: Appendix A(.pdf)
Khan was clean-shaven, wearing a suit and tie along with glasses, and spoke in English throughout the hearing. "Yes, sir," he told Pohl when asked if his plea was guilty. The hearing lasted close to three hours.
After running through the various charges contained in the plea agreement and asking Khan whether he understood them and was making his plea voluntarily, Pohl delivered the final word: "Mr. Majid Shakout Khan, This commission finds you of all charges, guilty."
Khan, 32, is a native of Pakistan who moved to the United States with his family in 1996, where they were given political asylum. He went to high school in the Baltimore area and later worked at a chain of gas stations owned by his family.
Khan faced charges of murder and attempted murder by the military commission. He is accused of traveling to Pakistan in January 2002 after claiming he was going to travel to Saudi Arabia on a religious pilgrimage.
Khan's guilty plea means he will likely become a key witness against other high-value detainees in custody at Guantanamo, including Khalid Sheikh Mohammed, the self-proclaimed mastermind of the 9/11 attacks.
Because Mohammed and other detainees said the information used against them had been obtained by torture, Khan's testimony gives prosecutors another important way of building their cases against them, according to Karen Greenberg of Fordham University Law School.
The military commission's indictment says that soon after arriving in Pakistan, Khan met with Mohammed. The two men allegedly discussed a plan for Khan to return to the U.S. and research plans to blow up underground gasoline storage tanks. Khan spent five months in the U.S. before returning to Pakistan, allegedly at the orders of Mohammed.
Khan pleaded guilty to murder and attempted murder for being part of a conspiracy that led to the bombing of the Marriott Hotel in Djakarta, Indonesia in August 2003. Khan had been captured by Pakistani authorities on March 1 of that year, but had delivered $50,000 in funds from KSM to some of those involved in planning the attack.
Eleven people died and at least 81 were wounded in the bombing.
Khan also pleaded guilty to attempted murder for a planned attack against then-Pakistani President Pervez Musharraf. Khan wore a suicide vest and went to a mosque where Musharraf was to appear, but he never arrived.
"I believe this is a very credible sentence based on his conduct. No one has alleged he was a mastermind or a leader," said chief prosecutor Brigadier Gen. Mark Martins after the hearing.
The closed circuit feed from the hearing was briefly interrupted after Khan mentioned the CIA, saying he understood that with today's agreement he could not sue the agency. Earlier, Khan said he had been "illegally kidnapped." His civilian attorneys have filed lawsuits in the past alleging he was tortured while in CIA custody before being transferred to Guantanamo in 2006.
"Majid is very remorseful," said defense attorney Wells Dixon. "He was very emotional today in court." Dixon said the decision to plead guilty was not easy for him, particularly given what happened before he arrived at Guantanamo, referring to the alleged torture.
Nevertheless, the defense said that Khan looked forward to cooperating with the government. "His next four years is to join Team America," said defense counsel, Army Lt. Col. Jon Jackson.