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Military Tribunal of Majid Shoukat Khan

USS COLE and 9/11 Conspirator receives 19–25 years for his role as an Al Qaeda operative.

Posted on March 8th, 2012   

Dear USS COLE and 9/11 Families,

We write to update you on a recently concluded proceeding in Guantanamo Bay, Cuba in United States v. Majid Shoukat Khan.

On February 13, 2012, Majid Shoukat Khan was charged in a Military Commission with five violations of the Law of War; Charge I: Conspiracy to Commit Murder in Violation of the Law of War, Providing Material Support for Terrorism and Spying; Charge II: Murder in Violation of the Law of War; Charge III: Attempted Murder in Violation of the Law of War; Charge IV: Providing Material Support for Terrorism; and Charge V: Spying. On February 15, 2012, the case was referred to a military commission as a non-capital case.

At a hearing held in Guantanamo Bay, Cuba on February 29, 2012, Majid Khan appeared with his defense counsel before a military tribunal and pled guilty to all charges pursuant to a signed Offer for Pretrial Agreement. The plea agreement was based on a 111 paragraph Stipulation of Fact, which outlined the acts committed by Majid Khan, and to which he admitted to in court. The Stipulation of Fact, the Offer for Pretrial Agreement and other documents can be found at this link:

Among the offenses to which Khan pled guilty were conspiracy and other offenses related to the August 5, 2003 J.W. Marriott bombing in Jakarta, Indonesia. Specifically, in December of 2002, Khan delivered $50,000 in Al Qaeda funds to co-conspirators. Portions of that money, co-mingled with other Al Qaeda funds, were used to finance the JW Marriott bombing. In March 2003, Majid Khan was captured and incarcerated, five months prior to the bombing. Although he did not know that the funds he delivered would be used to bomb the Marriott itself, he knowingly joined a conspiracy with Al Qaeda members and others. The purpose of the conspiracy was to kill Americans and other Westerners, and the attack was a reasonably foreseeable consequence of the conspiracy and of Khan's own acts in furtherance of the conspiracy.

Majid Khan will serve between 19 and 25 years for his offenses, including participation in the conspiracy that resulted in the JW Marriott bombing. He also will not be able to receive credit for the nine years he has spent in detention. The amount of time he will serve within the 19 to 25 year range will depend on his "full and truthful cooperation amounting to substantial assistance to the Government." See the documents for more detailed information.


Karen V. Loftus
Director, Victim Witness and CCTV Programs
Office of the Chief Prosecutor
Office of Military Commissions (office and blackberry)
703-275-8266 (new office phone number)
Cell 703-973-5050

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