May 4, 2017 Get ‘Sent via UPS xe go James Harrington ‘Alaina Wiener Military Commissions Defense 1620 Defense Pentagon ‘Washington DC 30201, Re: Abu Zubydah Dear Mr. Harrington and Ms, Wichner: ‘This is to advise you that our client Abu Zubaydah has agreed to waive his immunity ad testify atthe upcoming hearing. T understand this hearing is addressing only the condition in tie Camp 7. He is prepared to testify to all issues, including the sights, smelis, sounds and other conditions ‘within Camp 7. ‘The underlying issue appears to be how closely the at-issue conditions parallel some of the other torture techniques used in the CLA dark sites. My client can draw opon his personal experience to address tis issue. | want to make clear our reasons for this waiver and to make clear that we so waive his immunity ‘onthe condition that Coramander Flor and I will be present in court to represent him, “There ate many reasons for his voluntary waiver of immunity ‘The frst and most important i the truth Unlike the CIA, Zayne has nothing to fear from the truth, Abu Zubaydah will take the stand, unairaid of the trth that will emerge, confident that the world will come to know that hehas committed no crimes and the United States has no basis to fear him and no justification a hold him for 15 years, much to less subject him tothe torture thatthe world has so roundly condemned, Unlike Abu Zubaydah, the CIA has everything to fear from the truth. When he testifies he will know that the Senate Select Committee on Intelligence (SSCI) has explicitly challenged virtually every allegation the CIA made against him.’ For example the SCI report foand that immediately following the capture of Abu Zubaydab, the CIA repeatedly overstated the most "The SSC investiation began on December 11, 207 flowing the discovery thatthe CLA had deliberately destroyed all vdeo tapes of Zayn Abu Zubaydah in exc violation of Federal Disret Court luge that ey be preserved and despite being instructed to preserve the apes bythe Counsel tothe Presideat ofthe United Sats, "These tapes have never been foun, 1basic false assertions regarding Abu Zubaydah.’ When the CIA slleged that he was the thd hhighest ranking member of al-Qaeda and had been involved "in every major terrorist operation ‘artied out by al-Qaeda.™, the Senate Select Committe determined that he was never amember of Al Qaida. ‘The SSCI report demonstrated thatthe CIA’s false statements were not the result of mistakes Which could be excused by negligence. The information provided by the CIA used tn justify torturing him was worse than false ~ it was nonexistent. The Senate Committee on Intligence repeetedly stated that the CIA allegations were without aay support in the CIA's ovn files? Intelligence analysists may make mistakes about their information but they never make up facts {or which they have no support. The difference between findings made with fabricated fcts and findings based on mistaken facts is the difference between negligence and deliberet dishonesty, Military Commi ze him because of the fear that he will be exonented and the tru he CIA torture program will be revealed, ‘The only value of immunity in real legal proceedings to prevent one’s words from being used ‘against him ina subsequent proceeding. But the Prosecution here inthe Military Comaisions is afraid to try him or even charge him with any exime. The failure to charge him after 15 years of torture and detention, speaks eloquently. To charge him would be to reveal the truth sbout the creation of America’s torture program, FFearful that the unspeakable torture of an innocent man will be an indelible blk mark agsinst the CIA, the Department of Justice aud uiany vilers, the Miliiry Commission's Prosecutor las chosen not to prosecute Zayn Abu Zubaydah in order to conceal the trah about him. The Military Commission Prosecutor claims, year after year, that he will proseite Abu Zubaydah someday but he continually refuses to do so, ‘The single most important reason for ‘Abu Zubaydah to waive immunity and to testify isto challenge BG Mark Martins, the Military Commission Prosecutor, to charge him orto confess that there is no basis for doing so ard finally release him, (Celebration of Life and of Endurance Perhaps the most personal reason for Abu Zubaydah to waive immunity isto celebrate his survival and to let the world hear his voice and to see him He knows what the rest ofthe world does not know: that the CIA torturers sent two cables to CIA headquarters from the dark sit just prior to the beginning of his torture: one cable insisted that, in the event of his death during torture that he be eremated immediately. The other cable sought assurances that in the event that he survived that he would be held incommunicado and forever detained 2 SSCl Report Summary, note 29,9430, 2 $8C1 Report Summary, not 29, a 430, 4 SSCI Report Summary, note 2 * SScI Report Summary, not 29, a 430,The act of testifying will llow Zayn to celebrate his survival after years of torture and to allow him to be seen and to allow his voice to be heard by people other than his torturers, his prison guards, and his ovm attorneys. “He will be held incommunicade no more DENBEAUX & DENBEAUX Wa> Lead Civilian Military Defense Counsel for Zayne Abu Zubaydah ISN 10021 MP