10Days of Destruction, Days of Revolt, co-authored by Hedges and Joe Sacco, was published after the March hearing. The Court takes judicial notice of that publication. Case 1:12-cv-00331-KBF Document 61 Filed 09/12/12 Page 16 of 112Case: 12-3644 Document: 12-2 Page: 16 09/17/2012 721184 112
17on Terrorism, Report of the U.S. State Dep’t, Ch. 6 (“Terrorist Groups”))(Aug. 2010) at 1.) Among the groups on which Hedges has reported (most of which are on the State Department list of terrorist organizations) are: the Abu Nidal Organization, the al-Aqsa Martyrs Brigade, the Armed Islamic Group, Al-Jihad, the Gama’a al-Islamiya, Hamas, Hizballah, Kahane Chai, the Kongra-Gel (a/k/a “KGK” or “PKK”), the Mujahedin-e Khalq Organization (“MEK”), the Palestine Liberation Front, the Palestine Islamic Jihad, the Popular Front for the Liberation of Palestine (including also the Central Command) (“PFLP”), al-Qaeda, Revolutionary People’s Party/Front, and the Salafist Group for Call and Combat. (Court Ex. 9 at 12); see alsoTr. I at 169. In his career as a journalist and writer, Hedges has spent time with members of those groups; he has interviewed their leadership as well as the rank-and-file. Tr. I at 170. In connection with his reporting on Hamas, Hedges has met with its leadership, stayed in their homes, and socialized with them. Id.at 172. He testified that some of the organizations on which he has reported are considered to be in hostilities with coalition partners of the United States. Id.at 166, 169. The PKK is only one example. Id.at 169. Other groups Hedges has covered, such as the PFLP, have carried out acts of terrorism against U.S. targets. Id.at 170. Case 1:12-cv-00331-KBF Document 61 Filed 09/12/12 Page 17 of 112Case: 12-3644 Document: 12-2 Page: 17 09/17/2012 721184 112
18As part of his investigative work, he has been embedded with certain organizations on the State Department’s Terrorist List. For instance, in connection with his coverage of the PKK, he travelled with PKK armed units in southeastern Turkey and northern Iraq. Id.He was with an armed unit of the PKK in northern Iraq when Turkish war planes attacked it. Id.at 171. Hedges’s work has involved investigating, associating with and reporting on al-Qaeda. After September 11, 2001, he was based in Paris and covered al-Qaeda in all countries in Europe with the exception of Germany (he does not speak German, but does speak Spanish, French and Arabic). Id.at 157. He did “reconstructs”: following terrorist attacks, he “would spend weeks on the ground piecing together everything that had gone into [the] attack and all of the movements of those who were involved in [the] attacks.” Id.at 157-58. He did a “reconstruct” relating to Mohammad Atta, one of the participants in the attacks on September 11, 2001. Id.at 158. Hedges testified that he “retraced every step Mohammad Atta took.” Id.