U.S. officials say Sulaiman Abu Ghaith, captured last month in Turkey and now in New York, has spent most of the last decade in Iran, in some sort of confinement.

Back in late 2001, as U.S. troops and Afghan tribal forces were dismantling the Taliban control of Afghanistan, Osama bin Laden made a decision.

---

He sent his operators, people like Khalid Sheikh Mohammed, Ramzi bin al-Shibh and Abu Zubaydah to the cities of Pakistan where they were to hide out and plan further attacks against the US.  All of the key players were captured or killed, with the exception of Ayman al-Zawahiri, al-Qaida's No. 2 who remains at large, having survived at least three Predator attacks.

At the same time, bin Laden sent his top managers, al-Qaida's Management Council, to Iran, arming them with money to bribe their way across the border, according to multiple US and Iranian officials. Bin Laden apparently hoped that the Iranians would see the group not as Sunni terrorists but as "an enemy of my enemy," as one senior U.S. official put it.

Among those who made their way into Iran were Saif al-Adel, al-Qaida’s military director; bin Laden's son Saad; and Abu Ghaith, the group's communications director ... and also bin Laden's son-in-law.

At one point not long after its arrival, this group, numbering in the hundreds with family members and bodyguards, was captured by Iranian authorities. Although senior U.S. officials have told NBC News they did not know the conditions of their confinement — "it was the blackest of black boxes," one former senior U.S. official told NBC News — Iranian officials said the group was "in jail."

One Iranian official, former U.N. ambassador Javad Zarif, told NBC News in the mid-2000s that "no nation has captured as many al-Qaida members as Iran." US officials admit that other than some mundane communications, they were unaware of any significant roles played by the group while in captivity.

"Every once in a while, we would intercept non-operational communications from them to relatives back home. That was it," said a former high-ranking U.S. official.  

The U.S. didn't know where the group was held nor all of the members’ identities. On occasion, there would be reports that all or some had been released, but there was little confirmation. Many in U.S. intelligence believed Iran held onto them for use as bargaining chips and not just with the U.S. They were in effect hostages. If al-Qaida carried out attacks in Iran, as it had in the 1990s, the group could face harm.

On occasion, flurries of intelligence would lead to further investigation, but again without any resolution.

In 2009, Saad bin Laden was killed in a Predator attack in Pakistan, leading to speculation that others had been released. But again, U.S. officials could not determine how many, if any, had been let go.  Moreover, it was not a high priority for the U.S. because the individuals were no longer considered much of a threat since they had been out of action for so long.

Last month, Abu Ghaith was detained in Turkey then was being sent to Kuwait via Jordan. But he was intercepted in Jordan and brought to the U.S., according to U.S. officials. 

According to court documents, he has been charged with conspiracy to kill Americans, including actions related to the 9/11 attacks.

Officials say that Abu Ghaith is unlikely to have any operational information because he has been in Iran for so long.  Now, they admit his intelligence value may be more about his captivity in Iran and whether he was released or escaped.

NBC News Justice Correspondent Pete Williams contributed to this report.

Related:

Bin Laden son-in-law captured, whisked to NY on terror charges

GOP protests bringing bin Laden son-in-law to NY

Read the federal indictment of Abu Ghaith in PDF

 

 

 

A week of hearings at a military court in Guantanamo Bay, Cuba made slow headway towards a trial of five men accused of orchestrating the 9-11 terror attacks on the United States, ending Friday with few rulings on two dozen pretrial motions. 

On the final day of hearings none of the five accused men came to court, all opting to stay behind in their prison cells.

Army Col. Judge James Pohl heard several more hours of arguments on the issue of a gag order that prohibits any talk about the interrogations that the men were subjected to at secret CIA prison sites prior to their tranfer to Guantanamo Bay in 2006.  

The judge will likely issue a written decision on whether the defendants' memories of the events are in fact classified, as the protective order now states.

---

Judge Pohl did not rule on the other interesting motion discussed Friday — one that the Judge nicknamed "The C-SPAN Issue." The defense teams have requested that the trial be open to public television so the world can see the proceedings.

The defense argues that opening the trial to the public is necessary to prevent the appearance of an unfair trial.

The judge challenged that idea, arguing that by that logic every accused person in federal court cannot get a fair trial because it's not televised. He added that trials are not open to cameras in the military system either.

This case is different, defense attorney Marine Major William Hennessy argued.

Pohl countered by asking whether he should conclude that the lack of public television means that an accused person is not getting a fair trial.

"Yes, sir," Hennessy replied.

A prosecution attorney disagreed, saying that the First Amendment right to public access is not absolute, and that opening the trial to television cameras compromises the security of the trial participants.

Earlier in the week, self-professed mastermind of the attacks, Khalid Sheikh Mohammed was granted an opportunity for a brief airing of his views of the proceedings.

Wearing a camoflage vest over his traditional robes Mohammed condemned what he called prosecutors "elastic" use of national security to justify its actions.

"The government uses national security as it chooses," the Arabic-speaking Mohammed said through a translator while seated at a defense table. "Many can kill people under the name of national security and torture people in the name of national security."

Mohammed and four alleged co-conspirators are accused of planning and providing logistical support for the Sept. 11, 2001 attacks by hijackers who crashed planes into the World Trade Center, the Pentagon and a field in Pennsylvania, killing nearly 3,000 people.

If convicted they could face the death penalty, but the trial is many months away.

Pohl set the next motions hearings for Dec. 3-7, putting the attorneys on notice that they should plan to set aside at least one week, every other month.

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The judge in overseeing proceedings against the five men who allegedly orchestrated the Sept. 11, 2001 terror attacks allowed what he said was a one-time only opportunity for the key defendant, Khalid Sheikh Mohammed to air his views on Wednesday.

In the divergence from ongoing pre-trial proceedings aimed at laying the ground rules for a trial at a U.S. Navy base at Guantanamo Bay, Cuba came in the third of five scheduled days of hearings.

---

A transcript of Mohammed’s remarks, translated from Arabic, offer a window into the thinking of the 47-year-old Kuwaiti-born militant, who has been detained at Guantanamo Bay, Cuba since 2006. Before that he was detained in secret CIA facilities and subjected to harsh interrogation techniques, including dozens of sessions of "waterboarding":

Yes. In the name of God, most graceful, the government at the end of the argument gave you an advice. They told you any decision you're going to issue you have to keep in mind the national security and to remember that there were 3,000 people killed on September 11. And I would like to give you a similar advice.

Any decision you will take, you have to keep in mind that the government, that the government is using the definition of national security as it chooses. And this expression has a definition in the Military Commission's Rules.

We have heard the expression of national security again yesterday and today about tens of times. And everyone use this expression as he or she chooses. But legislators and legal people who deal in the legal field, they have to differentiate between the politicians' use of this word and the legal people's use of this word.

When the government feels sad for the death or killing of 3,000 people who were killed on September 11, we also should feel sorry that the American government, who is represented by General Martins and others, (has) killed thousands of people—millions.

This definition is a resilient definition, lasting. Every dictator can put on this definition as they choose, as he chooses to step on every definition in this world, every person, and every law and every constitution.

With this definitions, many can evade the rule and also can go against it. Many can kill people under the name of national security and to torture people under the name of national security and to detain children under the name of national security, underage children.

I don't want to be long, but I can say that the president can take someone and throw him in the sea under the name of national security. And so—well, he can also legislate the killings, assassinations under the name of national security, (of) American citizens.

My only advice to you, that you do not get affected by the crocodile tears. Because your blood is not made of gold and ours is made out of water. We are all human beings. Thank you.

 

The judge, Army Col. James Pohl, did not interrupt the speech, but made it clear that the speech was a one-time opportunity in the proceedings.

"Okay," said Pohl, addressing civil defense attorney David Nevin. "Just I think we need to make something clear here, is that I didn't interrupt Mr. Mohammed. He requested to make a statement to the court. But this is a one-time occurrence. If accused wish to represent themselves as attorneys, that's one issue. But no matter how heart-felt, I'm not going to again entertain personal comments of any accused about the way things are going. Do you understand what I'm saying, Mr. Nevin?"

"I understand," Nevin responded.

"I'm not pointing a finger," Pohl continued. "I want to make it very clear, I didn't interrupt him on this, but it is clear this was his personal statement of what he thought. Although he has the right to have that opinion he does not have the right to voice that opinion or any accused to stop the proceedings to give his personal observations and comments. I just want to make it clear the fact that I did not interrupt and let him finish should not be interpreted that this is an acceptable procedure of this Commission.

Mohammed and his accused co-conspirators are accused of terrorism and murder in the attacks, which killed 2,976 people. Mohammed has previously said that he was behind Sept. 11 and other terror attacks, and personally beheaded American journalist Daniel Pearl in February 2002 after the reporter was abducted in Pakistan.

The court's hearing on arguments on some two dozen motions, mainly involving secrecy and prisoner's rights, continued Thursday and were scheduled to run through Friday.

NBC News' Courtney Kube and Kari Huus contributed to this report.

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The self-professed mastermind of the Sept. 11, 2001, terrorist attacks showed up to court in Guantanamo Bay, Cuba, on Wednesday wearing a camouflage vest after a judge ruled that the military-style garment would not disrupt the proceedings.

Khalid Sheikh Mohammed was using his attire to make a political statement, which he coupled with a monologue late in the day’s proceedings to condemn what he called prosecutors "elastic" use of national security to justify its actions.

"The government uses national security as it chooses," the Arabic-speaking Mohammed said through a translator while seated at a defense table. "Many can kill people under the name of national security and torture people in the name of national security."

---

Mohammed was appearing before the military commission for the third day of hearings that will set the ground rules for the trial of the 47-year-old Kuwaiti and four accused co-conspirators accused of planning and aiding hijackers who flew commercial airlines into the World Trade Center towers, the Pentagon and a field in Pennsylvania, killing 2,976 people.

All five defendants are charged with terrorism and murder and could be sentenced to death if convicted. The trial is likely more than a year away.

Fashion statement
Mohammed, who has grown a long beard in detention and dyed it with henna, wore the vest over his traditional white tunic and turban. He and a co-defendant had sought to wear camouflage items at their May 5 arraignment, but that request was denied.

At the time, the commander of the Guantanamo Bay prison said the camouflage might make it harder for the military prison guards to gain control if necessary, suggesting the clothing could create confusion about telling the difference between prisoners and fellow troops.

Earlier coverage of the week's Guantanamo pre-trial hearings:
Tuesday: Hearings for accused Sept. 11 terror planners haggle over rights, secrecy
Monday: 9/11 mastermind, alleged accomplices return to Guantanamo court

In Tuesday’s hearing, Military Judge Army Col. James Pohl dismissed the suggestion that the more than a dozen military members in the courtroom would have any problem distinguishing the bearded defendants. But just to be sure, he specifically prohibited them from wearing any items from U.S. military uniforms.

Mohammed considers himself a prisoner of war and wanted the same right to wear a uniform as the Japanese and German troops prosecuted for war crimes after World War II, according to his lawyers.

Mohammed surprised the courtroom midway through the afternoon by raising his hand to request that the court allow him to make a statement.

Watch World News videos on NBCNews.com 

Judge Pohl said defendants are not generally permitted to comment on proceedings, but then granted his request.

"This is a one-time occurrence," Pohl told the defendant after some some back-and-forth.

"We are all human beings," Mohammed said in his brief monologue. "Your blood is not made out of gold and ours is made out of water."

He said that while Americans were sad that 3,000 people were killed on Sept. 11, the U.S. government has "killed millions of people."

He urged the judge not to be persuaded by the government's "crocodile tears," and he complained that the U.S. president can "legislate" assassinations in the name of protecting Americans.

Battle over secrecy 
Earlier Wednesday, the court resumed hearing arguments on the admissibility of testimony that includes information about the period of detention and harsh interrogation techniques employed at secret CIA prisons, before the men's transfer to Guantanamo Bay in 2006.

The government has already acknowledged some details about the secret prisons, including the fact that Mohammed was subjected to a near-drowning technique called water-boarding 183 times, but prosecutors have said that restrictions are necessary to prevent the release of information that would reveal information about intelligence sources and methods.

ACLU attorney Hina Shamsi picked up where she left off Tuesday when court adjourned, arguing that the detention information should be part of the public record.

Shamsi said the restrictions were overly broad and intended not to protect national security so much as to prevent the public from learning more details about the harsh confinement of the defendants in the CIA's prisons overseas.

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"We are aware, your honor, of no other protective order that is as radical as what the government is asking you to judicially bless here," Shamsi said.

But government prosecutor Joanna Baltes said the ACLU and other critics of the proposed rules are exaggerating the restrictions. She said the restrictions, known as protective orders, are similar to those in major terrorism cases in civilian courts.

"I think it is a very inflammatory allegation for the ACLU to come in and claim they have never seen anything like this," Baltes said.

The painstaking pre-trial hearings are intended to deal with 25 motions, many of them dealing with security rules and defendants’ rights.

On Monday, the court agreed that the defendants could not be forced to attend the pre-trial hearings.

At Wednesday’s hearings, Mohammed, who was born in Kuwait, and Ali Abdul Aziz Ali, a Pakistani, were the only two of the five who attended. Mustafa Al Hawsawi, a Saudi; and Walid Bin Attash and Ramzi Binalshibh, both from Yemen, sat this one out.

Hearings were slated to continue on Thursday morning.

The Associated Press and NBC News' Courtney Kube and Kari Huus contributed to this report.

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The military tribunal of 9/11 terrorism suspect Khalid Sheikh Mohammed and four co-conspirators resumed in Guantanamo Bay, Cuba on Tuesday, plunged into arguments over one of the thorniest subjects that the court must iron out before the trial — whether the suspects can talk about their detention and harsh interrogation in secret CIA prisons prior to their transfer to Guantanamo Bay in 2006.

The men are accused of planning and providing logistical support for the Sept. 11, 2001 attacks by hijackers who crashed planes into the World Trade Center, the Pentagon and a field in Pennsylvania, killing nearly 3,000 people.

Mohammed and the other four who are portrayed as his underlings face charges that include terrorism and murder, and they could be sentenced to death if convicted.

This week’s proceedings hear arguments on 25 pretrial motions dealing mainly with privacy issues and the detainees' rights, and set the ground rules for the trial which is likely at least a year away.

---

Prosecutors have asked the judge to approve what is known as a protective order intended to prevent the release of classified information during trial.

The gag order prohibits mention of what the defendants experienced or learned during their interrogation because the tactics used on them were classified.

The defense argued that the government gave up the right to keep interrogation tactics classified when they exposed the defendants to the process.

They mainly object to one portion of the order, which says that, "Any statements made by the accused are presumptively Classified Information." The defense teams believe that that is too broad a statement, and that there is no such thing as "presumptive classification" — that information is classified or not.

The judge, Army Col. James Pohl, pushed back on their argument, saying that both sides agree with the definition of what is classified and what is not, and that the attorneys are required not to disclose new information they deem could be classified.

"We're not talking about what you had for lunch today," Pohl said.

But an attorney for Ramzi Binalshibh argued that issues just that mundane do become a hindrance, citing an example from defending another detainee.

After several hours of arguments against the protective order, the judge did not rule on the motion to strike the gag order Tuesday.

First Amendment appeal
Instead, Pohl moved on to hear arguments from First Amendment attorney David Schulz, on behalf of 14 U.S. news organizations seeking to report on legal proceedings at Guantanamo — classified information or not. 

Schulz argued that the gag order should be lifted because the information about what happened to the defendants during their interrogations has been widely reported in the media.

"The New York Times is not a classification authority," Pohl shot back, saying that just because something is reported in the news or widely known doesn't mean it's now unclassified.

Schulz argued that the use of the 40-second delay switch also violates the First Amendment, but Pohl dismissed that, as well, saying that the switch can prevent the release of classified information that is inadvertently disclosed.

ACLU attorney Hina Shamsi was next to argue for more open proceedings, saying that when issues such as rendition and torture are under discussion, the public has a right to know about it.

Shamsi added that the public should be able to determine for themselves whether punishment is justified, the decide on the lawfulness of government actions with the defendants, and the overall fairness and legitimacy of these proceedings.

The judge stopped her there, saying the court would recess for the day to respect the defendants right to afternoon prayers.

The court will take up this argument again at 9am Wednesday, when the ACLU attorney will continue her arguments.

Last minute boycott
All five of the men were at Monday’s hearings, but on Tuesday, Mohammed, Saudi defendant Mustafa Ahmad al-Hawsawi and Pakistani national Ali Abd al-Aziz Ali all bowed out. Walid Bin Attash and Ramzi Binalshibh, both from Yemen, did attend.

Mohammed, who has previously claimed he was the mastermind of the terrorist attacks, was taken from his cell at the U.S. base in Cuba to a holding cell outside the courtroom, then chose to boycott at the last minute, said a Navy officer whose name was not released by the court for security reasons.

He did not give a reason for sitting out the Tuesday hearing, but on Monday he dismissed the military tribunal with scorn, saying "I don't think there is any justice in this court."

Pohlruled Monday that the defendants have the right to be absent from this week's pretrial hearings, but said they would have to attend the trial.

The chief prosecutor, Army Brig. Gen. Mark Martins, had argued that the rules for the special war-time tribunals known as military commissions required the defendants to attend all sessions of the court.

But lawyers for the men disagreed, arguing that the threat of being forcibly removed from their cells would be psychologically damaging for men who had been brutalized while held during their captivity by the CIA.

Read more on Monday's hearing

The U.S. government has acknowledged that the defendants were subjected to "enhanced interrogation techniques" which in some cases included the simulated drowning method known as waterboarding.

"Our clients may believe that ... 'I don't want to be subjected to this procedure that transports me here, brings up memories, brings up emotions of things that happened to me,'" said Jim Harrington, who represents Binalshibh.

Harrington's statement elicited groans from a small group of family members of Sept. 11 victims who were chosen by lottery to view the proceedings at Guantanamo.  A few other families watched the proceedings on closed-circuit TV from U.S. military bases in New York, New Jersey, Massachusetts and Maryland.

Defendant dress code
Also on Tuesday, the court dealt with what the detainees are allowed to wear in court.

The attorney for Mohammed, U.S. Army Capt. Jason Wright, explained that his client wants to wear a military-style camouflage vest over his traditional attire. He argued that Mohammad wore military-style clothing when fighting against the Soviets for the U.S. government in Afghanistan, so he has a right to do so in this courtroom, as well. Not allowing him to wear it undermines his presumption of innocence, the attorney argued.

Pohl said that the defendants would not be permitted to come into court in a complete U.S. Army uniform, but, he would not forbid all camouflage.

The five men were arraigned in May, and subsequent hearings were pushed back for various reasons.

A hearing in July was postponed to allow the defendants to observe the holy month of Ramadan. Hearings in August were delayed when an Internet outage left the lawyers unable to access their electronic legal documents. That hearing was later canceled altogether as Tropical Storm Isaac approached.

A hearing scheduled for late September was also delayed because the work space for the defense lawyers was shut down due to a rat infestation and mold, which lawyers claimed were making them sick, Reuters reported.

Pohl ruled on Oct. 5 there would be no further postponements to the hearings.

An earlier attempt to try the five men at Guantanamo ended when the Obama administration tried to move the trials to New York City, where two of the hijacked planes slammed into the World Trade Center.

That was abandoned under pressure from Congress and from New Yorkers, and the charges were re-filed in Guantanamo.

NBC News' Kari Huus and The Associated Press contributed to this report.

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Updated at 5:20 p.m. ET: The self-professed mastermind of the Sept. 11, 2001, attacks on the United States, which resulted in the deaths of 2,976 people, appeared before a military judge at Guantanamo Bay Naval Base in Cuba on Monday after months of delays due to scheduling conflicts, religious observances, an Internet outage and a tropical storm.

Khalid Sheikh Mohammed shocked some observers by appearing with a long, full beard that had been dyed bright reddish-orange. He appeared before Judge Army Col. James Pohl for the start of a week of pretrial hearings, along with co-defendants Ali Abdul Aziz Ali, a Pakistani; Mustafa Al Hawsawi, a Saudi; and Walid Bin Attash and Ramzi Binalshibh, two men from Yemen.

Unlike their last appearance in court in May, which was disrupted several times by the defendants, the five men sat quietly at the defense table, under the watchful eyes of military guards and several family members of the 9/11 victims, The Associated Press reported. All seemed to be cooperating with their attorneys. Mohammed read legal papers. Two others responded politely to the judge when they were asked questions, according to the AP.

All the defendants wore white robes and turbans, and spoke openly with one another throughout the course of the day.

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The men, being prosecuted in a special military tribunal for war-time offenses, are charged with conspiring with al-Qaida, attacking civilians and civilian targets, murder in violation of the laws of war, destruction of property, hijacking and terrorism. All five could face the death penalty if convicted.

The families of people killed in the Sept. 11 attacks were invited to military installations in New Jersey, Massachusetts, Maryland and New York City to watch the pretrial hearings on closed-circuit television, NBCNewYork.com reported.

Getting the terror suspects to this point has been a years-long process mired in political and legal arguments over the defendants' rights, the use of evidence that may have been derived through torture, and the proper venue for the proceedings. The actual trial is expected to be at least a year away.

The pretrial hearings this week will cover a series of motions filed by the various defense teams, dealing primarily with secrecy issues and the detainees' rights.

The most controversial issue, which was not taken up by the end of the first day, is a challenge to the government's gag order on any information gained during interrogation of the detainees. The ACLU and more than one dozen news organizations filed a motion to oppose to government's gag order. The government maintains the order is necessary to protect classified intelligence-gathering techniques.

Defendants may skip hearings
On Monday, prosecutors and lawyers spent hours arguing the most preliminary of issues, including whether the defendants have to be in court at all, with one attorney saying the hearings may dredge up bad memories of their harsh treatment in CIA detention.

Defense attorney Capt. Michael Schwartz argued that the detainees should not be forced to come to court because the process of forcibly removing them from their cells is traumatic and reminiscent of harsh interrogation techniques.

Watch the most-viewed videos on NBCNews.com

Schwartz said that if the court was considering forced cell extraction it had to talk about torture.

"No we don't," the judge said quickly.

"I think we do," Schwartz said.

"I'm telling you I don't think that's relevant in this issue. That's the end of that, move on to something else," Pohl retorted.

But Schwartz persisted, saying he needs to address the issue of torture.

"No you don't," the judge said more forcefully this time, adding that the defense does not have the opportunity to make an argument that he sees as irrelevant.

After a prolonged and heated back-and-forth, the detainees were granted the right to waive their attendence at the hearings at least until jurors are assembled for the actual trial, but they must sign a waiver each day they choose not to attend.

Toward the end of the day, the judge asked each of the five detainees a series of questions to ensure they understand their new rights to waive attendance at their sessions.

Binalshibh answered each of his questions in imperfect English, veering into a perplexing discussion about escaping from Guantanamo and alleging unfair treatment from his guards.

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When asked whether he understands that the trial could ultimately continue even if he is not present, Binalshibh looked perplexed, saying, "that is a very wide word, can you be concrete?"

"I'm not implying that I think you are going to escape," the judge said, adding that if that were to happen, the trial could continue without him being there.

"Escaping from custody?" Binalshibh asked.

"I'm not saying you're going to," the judge said, asking again whether he understands that the trial could continue without him. Binalshibh seemed to smile as he said, "Yes I do."

Guantamo guards make things 'difficult'
He raised concerns about the fact that guards would be sent to bring him to the hearings, though, saying, "dealing with the guard is very difficult. They didn't report everything so correctly. Problems with guards can misreporting all things."

"Some guard when you have problem with them they can make it very difficult for us," he said.

When the judge recommended reporting any problems to his attorney, Binalshibh said, "Where can I call him? There is no time to contact him. Very difficult communication for us."

Mohammed answered his questions through his interpreter. He looked down and answered simply "yes" to every question, until at the end when asked whether he understands he doesn't have to attend the sessions.

"Yes, but I don't think there is any justice in this court," he said through his interpreter.

The court was in session for about five total hours, with several breaks throughout the day. It then adjourned until 9 a.m. ET. Tuesday.

Pohl was also expected to hear requests from news organizations on limiting closed courtrooms for secret sessions and be asked to decide whether the U.S. Constitution governs tribunals held at the U.S. base in Cuba.

The testy exchanges occurred during a hearing that was otherwise calm and orderly, in stark contrast to the chaotic 13-hour arraignment hearing in May, when defendants made defiant outbursts and refused to answer the judge's questions or listen through earphones to an Arabic-English translation of the proceedings. In those proceedings, one of the men was briefly restrained and two of them stood up to pray at one point.

Subsequent hearings had been pushed back for various reasons.

A hearing in July was postponed to allow the defendants to observe the holy month of Ramadan. Hearings in August were delayed when an Internet outage left the lawyers unable to access their electronic legal documents. That hearing was later canceled altogether as Tropical Storm Isaac approached. The storm caused no damage to the base.

A hearing scheduled for late September was also delayed because the work space for the defense lawyers was shut down due to a rat infestation and mold, which lawyers claimed were making them sick, Reuters reported.

Pohl ruled on Oct. 5 there would be no further postponements to the hearings.

An earlier attempt to try the five men at Guantanamo ended when the Obama administration tried to move the trials to New York City, where two of the hijacked planes slammed into the World Trade Center.

That was abandoned under pressure from Congress and from New Yorkers, and the charges were re-filed in Guantanamo.

Reuters and The Associated Press contributed to this report. 

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An al-Qaida leader in Iraq has threatened to soon carry out an attack inside "the heart" of the U.S.

Abu Bakr al-Baghdadi released an audio recording boasting that operatives from his al-Qaida affiliate are in the midst of planning a major terror operation.

"Soon you will witness them in the heart of your homeland, as our war with you has just begun, and so await them," al-Baghdadi said.

---

Federal and local security officials told NBC New York there are no new specific threats inside the U.S. The officials said that overseas terror leaders often make unsubstantiated claims and threats about targeting American interests. 

This latest terror threat message did not specify where or when such a plot might take place. New York, which officials say has faced more than a dozen unsuccessful terror plots since 9/11, appears not to be a target.

"There is no specific or credible threat to New York at this time," said FBI New York spokesman J. Peter Donald.

Officials have said the 2009 Zazi subway terror plot and the 2010 Times Square car bomb attempt were the most serious threats to date against the city. Both of those plots were planned with the help of al-Qaida operatives based in Pakistan. 

Al-Baghdadi – which is believed to be a pseudonym -- became head of al-Qaida in Iraq in 2010. 

The al-Qaida affiliate in Yemen has also targeted U.S. airliners using explosives hidden in underwear. That group has also plotted to bomb cargo planes using explosives hidden in printer cartridges.

In 2005, al-Qaida in Iraq had been linked to a "baby stroller" bomb threat targeting New York subways. But after an investigation, security officials determined the alleged plot to smuggle bombs onto trains hidden in baby strollers was based on unsubstantiated information from intelligence sources overseas.

In addition to threats inside the U.S., al-Baghdadi boasted that the terror group would soon carry out more attacks and assassinations inside Iraq.

As for the U.S., he said "The leader of the infidels and protector of the Cross, I say to her: Your war on the Muslims is a failure, and soon enough Allah-willing you will collapse and accept defeat."

He went on to claim terror operatives were already en route to the US. "The Mujahideen have departed to pursue your fleeing army, and they have sworn to make you face more severe punishments than those dealt to you by Osama (bin Laden)."

NBC terrorism analyst Evan Kohlmann translated al-Baghdadi's comments.

 

LONDON -- Iran may return to a campaign of state-sponsored terrorism, the head of MI5, the U.K.'s internal counter-intelligence and security service, said during a wide-ranging talk in London's financial center late Monday.

NBC News has also learned that the British Security Service, MI5's official name, has substantially expanded its team dealing with possible terrorism threats from Iran. 

"In parallel with rising concern about Iran’s nuclear intentions, we have seen in recent months a series of attempted terrorist plots against Israeli interests in India, Azerbaijan and elsewhere," Jonathan Evans, director general of MI5, said at a lecture here at the official residence of the Lord Mayor of London, Mansion House. "The U.S. authorities last year uncovered a plot by the Iran’s Islamic Revolutionary Guard Corps to mount an attack on the Saudi Ambassador in America, and of course the IRGC leads straight back to the Iranian leadership."

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While Iran insists that its nuclear program is peaceful and not aimed at making weapons as suspected by Western nations, tensions are high in the region. A recent round of nuclear talks between Iran and world powers in Moscow failed to secure a breakthrough, heightening fears Israel might take unilateral military action to curb Iran's nuclear activities, and thus unleash a violent response from Tehran. 

"So a return to state-sponsored terrorism by Iran or its associates, such as Hezbollah, cannot be ruled out as pressure on the Iranian leadership increases," Evans said during his first public statement in two years. 

Hezbollah is a Lebanese Shiite militant group.

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During the annual defense and security lecture, titled "The Olympics and Beyond," Evans said preparations for the 2012 Summer Olympics and Paralympic Games have been thorough. But he said the 2012 Summer Games remain a target and will be the center of the world's attention.  

"No doubt some terrorist networks have thought about whether they could pull off an attack. But the Games are not an easy target and the fact that we have disrupted multiple terrorist plots here and abroad in recent years demonstrates that the U.K. as a whole is not an easy target for terrorism," he said. 

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The threat level was at "substantial," Evans said, which meant that an attack was a strong possibility. 

Terrorism will outlast the Games, he said, noting that there had not been a successful al-Qaida related strike on the U.K. since the July 7, 2005, subway and bus attacks in London that killed 54, including four bombers, and injured more than 700.

However, there had been a "credible terrorist attack plot about once a year since 9/11 -- and before, since the first al-Qaida inspired plot here took place in 2000 -- a year before 9/11." 

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The MI5 chief also warned businesses not to become complacent about malicious activity in cyberspace.

"The extent of what is going on is astonishing -- with industrial-scale processes involving many thousands of people lying behind both state-sponsored cyber espionage and organized cyber crime," he said.

Evans also touched on the Arab Spring, which he said "offers the long term hope of a more pluralistic, democratic and flexible system in the Arab world that will respond to the aspirations of its population."  

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The swift and sometimes violent change in the Arab world also presented a problem, however, as parts of the region become more "permissive" environments for al-Qaida extremists. Said Evans:

"A small number of British would-be jihadis are also making their way to Arab countries to seek training and opportunities for militant activity, as they do in Somalia and Yemen. Some will return to the U.K. and pose a threat here. This is a new and worrying development and could get worse as events unfold. So we will have to manage the short term risks if there is to be a longer-term reward from the Arab Spring."

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U.S. military officials are investigating whether new images of Khalid Sheikh Mohammed, alleged mastermind of al-Qaida’s 9-11 terror attacks, posted on a jihadist website were smuggled out of the Guantanamo Bay detention camp.

The photos, which show a relaxed and often smiling Mohammed, were published Wednesday by "Al-Ebdaa," an jihadist media group, and documented by Flashpoint Partners, a global security company run by NBC News terrorism analyst Evan Kohlmann.

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Kohlmann said the images appear to have been taken at GTMO, the U.S. Navy base and detention facility in Cuba, where Mohammed is currently facing a military tribunal with four other alleged al-Qaida members on murder and terrorism charges in connection with the 2001 terrorist attacks on New York City’s World Trade Center and the Pentagon.

Pentagon officials told NBC News on Thursday that investigators were attempting to determine if the photos were in fact taken at GTMO or had been photo-shopped. If it is determined that they are photos from GTMO, the investigators would attempt to determine how the photos could have left GTMO. 

Under GTMO regulations, unauthorized photos of detainees are not permitted to be taken or distributed. 

Mohammed and his fellow defendants, who defiantly refused to enter pleas in their initial appearance before the tribunal early this month, face a possible death penalty if they are found guilty of organizing the attacks, which killed nearly 3,000 people.

Jim Miklaszewski is chief Pentagon correspondent; msnbc.com's Mike Brunker also contributed to this report.

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