Hamdan 'not fit' for attacks

Three other defense witnesses spoke to the issue of whether an armed conflict with Al Qaeda existed before Oct. 7, 2001, when President Bush announced retaliatory strikes against the terrorist group's bases in Afghanistan. The defense is expected to contend in closing arguments that Hamdan could not have committed war crimes because there was no war going on at the time of most of the illegal activities of which he is accused.

FBI Special Agent Ammar Y. Barghouty, called to the witness stand briefly during the prosecution's case, told the court that Hamdan had agreed to testify against the suspected mastermind of the Cole bombing in 2000, Abd al Rahim al Nashiri.

The high-value prisoner faces death penalty charges, and Hamdan's testimony may help the prosecution secure a conviction. Nashiri was one of three prisoners once held in secret CIA prisons abroad whom the Bush administration has acknowledged were subjected to waterboarding -- simulated drowning to the threshold of death -- during interrogation.

The statements of Mohammed and Bin Attash made clear their own roles in Al Qaeda terrorist strikes but described Hamdan as a simple driver and mechanic.

"He was not a soldier, he was a driver," Mohammed asserted. "He was not fit to plan or execute. But he is fit to change trucks' tires, change oil filters, wash and clean cars, and fasten cargo in pickup trucks."

Neither Mohammed nor Bin Attash agreed to give testimony in person, the court was told. Mohammed, who plans to act as his own attorney in the death penalty case against him here, expressed concerns about self-incrimination. Bin Attash initially agreed to meet with Hamdan's military lawyer, but after a week's contemplation informed him that his written responses sent on July 1 would suffice.

Earlier Friday, Allred, the judge, agreed to reduce two of the 10 elements of the charges against Hamdan and to consider eliminating another. Hamdan is charged with two "specifications" of conspiracy and eight of material support to terrorism.

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carol.williams@latimes.com