Al-Qaida

Did the Saudis know about 9/11?

A new book claims that Saudi princes and a Pakistani official knew Osama bin Laden would strike America that day. But some critics say the whole story could be a neoconservative fabrication.

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When U.S. and Pakistani special forces raided a house on the outskirts of Faisalabad, Pakistan, on March 28, 2002, and successfully nabbed top al-Qaida operative Abu Zubaydah, the mood at CIA headquarters was upbeat. Langley watched the early morning raid via satellite, and once a Pakistani intelligence officer and some quick voiceprints confirmed Zubaydah’s identity, the CIA knew it had captured one of its most sought-after adversaries, a figure who could potentially reveal the full story of the 9/11 terrorist plot. Shot several times in the raid, Zubaydah was given enough medical treatment to ensure his survival and hauled away for questioning. According to a new book, what Zubaydah said — after being subjected to highly controversial interrogation methods — stunned intelligence officials.

In his book “Why America Slept: The Failure to Prevent 9/11,” Gerald Posner makes an explosive allegation: Top figures in the Saudi and Pakistani governments had been directly assisting Osama bin Laden for years and knew al-Qaida was going to strike America on Sept. 11. Posner cites two unnamed U.S. government sources, both of whom he asserts are “in a position to know,” who he said gave him separate, corroborating reports. One source is from the CIA and the other is a senior Bush administration official “inside the executive branch,” he told Salon in an interview.

According to Posner’s account, four Saudi princes and the head of Pakistan’s air force were deeply involved with Osama bin Laden for years, some of them meeting with him well after al-Qaida began its terror attacks on U.S. targets overseas in the mid-1990s. The fact that some of the figures were so highly placed makes it hard to dismiss the possibility, if the allegations are true, that the heads of the Saudi and Pakistani governments signed off on the policy.

Saudi, Pakistani and U.S. government officials (the latter off the record) have dismissed the story as false. Zubaydah himself subsequently recanted his claims, saying he lied to avoid torture, according to Posner. But Posner thinks the allegations are credible — not least because four of the five supposed conspirators died under strange circumstances — and believes the U.S. wants to downplay them for an obvious reason: They’re too hot to handle, painting as they do two crucial allies as working hand-in-hand with America’s Public Enemy No. 1.

But several intelligence analysts and experts on Saudi Arabia doubt the story’s authenticity. While acknowledging that Saudi Arabia has supported fiery proponents of militant Islam and took an early see-no-evil approach to bin Laden, they say it would be highly unlikely that top members of the Saudi royal family would be so deeply involved with a global terrorist organization — one that seeks to destroy the Saudi regime itself as part of a worldwide jihad against infidels and their allies. They also point to contradictory evidence drawn from separate classified intelligence reports. And some are suspicious of Posner’s unnamed sources — suspicions they say have been heightened by the Bush administration’s manipulation of intelligence before the Iraq invasion. Indeed, one analyst suggests the Zubaydah charges could be part of a disinformation campaign launched by neoconservatives who believe that the U.S. should decisively break with Saudi Arabia, which they regard as a corrupt, terrorist-supporting state.

Posner says his two sources told him that U.S. officers used highly unorthodox, coercive methods — what many would label torture — to interrogate Zubaydah. For three days they manipulated his medical treatment, withholding full access to painkillers, using a quick “on-and-off” narcotic and giving him sodium pentothal (popularly called “truth serum”) to extract information. When Zubaydah didn’t talk, they set up a so-called false flag operation, transporting him to a secret location in Afghanistan mocked up to look like a Saudi Arabian jail. Fear of the Saudis’ harsh interrogation techniques might make Zubaydah talk, they reasoned.

On March 8, 2003, the New York Times published an account similar to Posner’s of the methods used on Zubaydah, also citing unnamed “American officials” as the source. But to date, only Posner has reported what Zubaydah allegedly said.

According to Posner’s account, two Arab-American special forces personnel posed as Saudis and took over the questioning of Zubaydah at the secret location in Afghanistan. CIA officials observing from another room watched Zubaydah’s reaction with amazement: He was visibly relieved to be in “Saudi” hands, and started talking. He named three Saudi princes, recited their private phone numbers, and told his interrogators to call one prince, saying, “He will tell you what to do.” That man was King Fahd’s nephew Prince Ahmed bin Salman, a London publishing magnate and horse racing aficionado whose thoroughbred War Emblem won the 2002 Kentucky Derby. Zubaydah made clear he was under the protection — and direction — of the princes. During the questioning, Zubaydah also fingered Pakistani air force chief Mushaf Ali Mir, suspected to have close ties with some of the most pro-Islamist elements within Pakistan’s intelligence agency, the ISI.

Zubaydah’s “Saudi” interrogators later pressed him on his story, writes Posner, telling Zubaydah that Prince Ahmed had “credibly denied any knowledge of him” and that “he would be executed for disparaging the reputation of a member of the royal family.” At that point Zubaydah unleashed a monologue “which one [U.S.] investigator refers to as the Rosetta stone of 9/11.”

Zubaydah told his interrogators that he had attended a 1996 meeting in Pakistan where Mushaf Ali Mir struck a deal with Osama bin Laden that provided al-Qaida with protection, arms and supplies. The arrangement was blessed by the Saudis, Zubaydah said. He named a fourth Saudi prince, the kingdom’s then intelligence chief, Prince Turki bin Faisal, as the nexus of the Saudi-Pakistani-al-Qaida axis. Zubaydah said Turki attended several meetings with bin Laden in Afghanistan and Pakistan in the 1990′s, including one in Kandahar in 1998 at which Taliban members were present, where Turki pledged steady Saudi aid to al-Qaida as long as the terrorist group promised not to attack the kingdom.

Prince Turki, who is now the Saudi ambassador to London, told an Arab newspaper in September, “This information is totally false and groundless. I have had no contacts with bin Laden since 1990, and have never had contacts with al-Qaida, which is a satanic terrorist organization.” He also pointed out that Saudi Arabia revoked Osama’s citizenship in 1994.

According to Posner, about a month after the interrogation CIA officials, who had found no evidence to discredit the story, cautiously raised the Zubaydah information with their counterparts in Saudi and Pakistani intelligence. Here, the story line veers from le Carré to “The Godfather.” Shortly after the U.S. inquiry, on July 22, 2002, Prince Ahmed, age 43, died unexpectedly of a heart attack. On the way to Ahmed’s funeral the next day, Prince Sultan al-Saud was killed in a single-car crash. A week later the third prince Zubaydah had fingered, Fahd al-Kabir , was found dead 55 miles east of Riyadh — according to the Saudi royal court he’d “died of thirst” while traveling in the summer heat. Seven months later Pakistani air force chief Mir, his wife and 15 of his closest associates died in a plane crash near Islamabad. The plane had recently passed maintenance inspection, and the weather was clear. According to the Asia Times, “Reports at the time said that the pilot had been changed just minutes before takeoff.”

Saudi Arabia and Pakistan are key U.S. partners in the war on terror, particularly Pakistan, which aided in the capture of Zubaydah and other top al-Qaida agents after 9/11. Both countries are also vital to U.S. interests for other reasons: Saudi Arabia because of its oil and its religious and political centrality in the Arab-Muslim world, Pakistan as Afghanistan’s neighbor and a member of the nuclear club. But both are highly problematic allies. Radical Islamists hold significant power in Pakistan (particularly in the ISI, and in its lawless northwestern provinces), and President Musharraf’s regime must walk a fine line between placating the Americans and not enraging its citizens. The U.S. has a much longer and stronger, but also troubled, alliance with Saudi Arabia, which has promoted its hard-line Wahhabi sect of Islam around the world and spawned 15 of the 19 hijackers — but also pumps much of the oil that drives the global economy.

Posner is careful not to unequivocally endorse Zubaydah’s claims, but he believes that the fact that four of the five named officials suddenly died (with the exception of the highest ranking one, Prince Turki) is powerful evidence that his story is largely true. “Zubaydah’s interrogation leaves some questions unanswered which I think will eventually be run to ground,” he says. “He’s recanted his story. He’s said he just picked these names out of a hat to spare himself some torture. But is it possible that he picked out three Saudi princes and the head of the Pakistani air force, and then they all just had the bad luck of dying — the three Saudis within days of each other — after the U.S. shared the information? And from a blood clot, a car wreck, dehydration and a plane crash? I guess technically it’s possible. People do win the lottery. But as I view it, it’s extremely unlikely.”

The fact that Prince Turki is still alive would seem to weaken the idea there was foul play behind the three other Saudi princes’ deaths. But Posner speculates that the longtime intelligence chief, who was dismissed from his post just 10 days before 9/11, was untouchable: “He’s the J. Edgar Hoover of Saudi Arabia. If anybody has all the goods on the highest members of the royal family — their sex lives, their use of prostitutes when they visit Europe, etc. — it’s him.”

It’s also possible that Turki himself, if accusations of his close ties to al-Qaida have any merit, could be involved in a coverup of the Zubaydah interrogation.

Turki, in fact, did have friendly contacts with radical Islamist groups, including Afghan jihadis fighting the Soviets in the 1980s and later with the Taliban, over a protracted period of time. “If anyone made payments to bin Laden and al-Qaida, it would be Turki, given his connections to them through the ’80s,” says Robert Baer, a former CIA case officer who did extensive tours in the Mideast and Central Asia during his 21-year career and is the author of “Sleeping With the Devil: How Washington Sold Our Soul for Saudi Crude.” “Turki arranged for things like sending cars to the Taliban, and free gas for Pakistan and Afghanistan, and he supported the Islamic movement in Sudan — it was his job. But I’ve never seen any evidence that Turki himself was complicit in terrorism.”

Another possibility is that Zubaydah’s story is partly false but contains elements of truth. Posner speculates that some members of the Saudi royal family who may have once supported bin Laden later became horrified by his terrorist atrocities — only to find themselves trapped, unable to reveal what they knew about him and his plans (perhaps including even the 9/11 plot) without implicating themselves.

Posner has a reputation for skepticism; he has authored books debunking conspiracy theories about the Martin Luther King Jr. and JFK assassinations (he concurred with the Warren report that Oswald acted alone). He says that his anonymous sources may have regarded him, as a book writer, as a safer choice for a leak than an intelligence reporter with a major byline. “Washington is a very small town in terms of sources. If you’re a Robert Novak or a Sy Hersh people know the circles you hang out in. It narrows the hunt for the leaker by a wide margin.”

And Posner reiterated to Salon he has full confidence in his unnamed sources, in part because of their partisan agenda: “Both of them clearly believe this information is true and should be public because the Saudis have not been our allies for a long time and they should be out,” he says. “I have no doubt from my conversations that there’s a split inside the administration. The majority opinion was this story came from the mouth of a terrorist who would say anything to save his skin. It’s known that Zubaydah has lied about other things. So why should this information become public now, if we aren’t even sure it’s correct that these [Saudi and Pakistani] government officials were involved? But there’s a minority view in the administration that the Saudis are no longer an ally, and I’m convinced my sources believe the story to be true.”

Posner further argues it’s implausible his anonymous sources would have made the story up out of whole cloth, since they would know that U.S. intelligence officials with knowledge of the Zubaydah debriefing could come forward and refute the story.

But several analysts are dubious or outright dismissive of the entire claim. “It just simply does not make sense. To have been involved in 9/11 would’ve been the House of Saud committing suicide,” says Sandra Mackey, a Middle East scholar who’s published several books on the region, including a study of Saudi Arabia. “Are there people in the House of Saud who might be connected to al-Qaida? Quite possibly. I wouldn’t be surprised. But that’s considerably different than saying the central leadership conspired with al-Qaida. Al-Qaida is their greatest enemy.”

Saudi Arabia’s relationship with al-Qaida is complex and has changed considerably over time. After the first Gulf War, Mackey says, the Saudis were essentially in denial: They kicked bin Laden out of the kingdom, but cut a deal with him in which they would look the other way — and even provide financial support — if the Saudi national would agree to leave the kingdom alone. They didn’t grasp how serious a threat he posed.

Mackey says the Saudis were caught “flat-footed” by 9/11. They were shocked, and fearful their deep relationship with Washington would be damaged, but were slow to act. There was huge public sympathy for bin Laden, who was seen as a heroic militant Islamist battling the West, and the regime had no will to confront the potentially explosive Saudi street.

Finally came the May 2003 al-Qaida bombings in Riyadh, in which more Saudi civilians were killed than Americans. Mackey sees this attack as a watershed event, one that forced the Saudi rulers to realize they were in a fight for survival against militant Islam. To some degree, the serious attack on their own soil gave the Saudis the political capital to take aggressive action.

Subsequent running gun battles around the country, and the discovery of large weapons caches, have revealed a widespread al-Qaida presence in the kingdom. A number of Saudi military and police have died in these battles, and a number of al-Qaida members have been killed or captured since May. But the Saudis continue to thwart a U.S. investigation of the terrorist paper trail inside the kingdom, and have not handed over suspects or allowed U.S. authorities to interrogate them.

Gregory Gause, an expert on Saudi Arabia at the University of Vermont, says that although the Saudi ruling elite displayed a pattern of “willful ignorance” toward al-Qaida through much of the 1990s, he doesn’t see any convincing evidence indicating its complicity in terrorism. He points to an attack on the Saudi Arabian National Guard office in Riyadh on Nov. 13, 1995, in which five Americans were killed. The perpetrators arrested and executed by the Saudi government, Gause says, were known to be al-Qaida sympathizers. “The top levels of the regime, including Prince Turki, would be extremely leery of any kind of political deal with al-Qaida when al-Qaida had already attacked inside the kingdom, and the al-Qaida leadership was openly calling for the overthrow of the Saudi regime.”

“If the Saudis were more deeply involved in al-Qaida [operations], I think you would expect to have seen some different behavior from the Saudi government after the East Africa embassy and USS Cole bombings,” says Gause. The 1998 al-Qaida bombings of U.S. embassies in Kenya and Tanzania led Turki, according to his own account, to deliver an ultimatum to the Taliban during his known 1998 meeting with the Afghan rulers, in which he demanded, unsuccessfully, that they hand bin Laden over. “If the princes were working with al-Qaida,” Gause says, “I think you would’ve seen more direct Saudi contact with the Taliban after that, and I’m not aware of evidence of any high-level [Saudi] visitors there.”

As for the Pakistani connection, Mary Anne Weaver, author of “Pakistan: In the Shadow of Jihad and Afghanistan,” agrees that it’s quite plausible elements in the Pakistani government could have been involved with al-Qaida, given the long-standing presence of militant Islamists inside the country. But she’s seen no evidence connecting Pakistan to the 9/11 plot. “I did a huge amount of interviewing for my book, and even with the people who were the most antagonistic toward the Musharraf government, nobody mentioned even the remote possibility that Pakistan had been at all complicit in Sept. 11 in a specific way. I’ve heard nothing about government officials knowing in advance that something was going to happen, even if they didn’t know what or where.”

More specifically, Weaver is dubious about the claim that Mir could have been an al-Qaida supporter. Weaver admits that several friends she knows from the country’s political elite who knew Mir “very well” are perplexed by his death, but says that they had no indication he was involved in anything related to terrorism. Moreover, she says the fact that Mir was from the air force makes it less likely he was hooked up with militant Islamists in the ISI. “It’s the Pakistani army that really runs the country — the nine corps commanders, and [its security branch] the ISI. It’s really a nation within the state. The air force and the navy aren’t as important or influential. I’ve never met anybody from the ISI who hasn’t been from the army.”

Vince Cannistraro, the former head of the CIA’s counterterrorism unit, dismisses the Zubaydah theory as part of a disinformation campaign. “My view is this didn’t come from inside the [active] intelligence community, but from an administration source, a neoconservative who’s promoting it, who also provided a former CIA officer for confirmation.” He also says intelligence that’s since come to light contradicts Zubaydah’s story. “We know a great deal about the training, planning, and operational details of 9/11 now that Khalid Sheik Mohammed is in custody and is talking. He’s the key person here, the person who orchestrated 9/11. Abu Zubaydah was not. I doubt Posner had access to the Zubaydah debriefing, though one of his sources probably did. But the point is, none of his sources had access to the debriefing on the person who is the key figure here.” Without going into details, Cannistraro said that Mohammed’s account contradicted Zubaydah’s.

“I don’t buy the idea that a serving case officer involved in the Zubaydah debriefing leaked this information,” Cannistraro adds. “To me that would be an extraordinary act: It’s too great a risk. [CIA officers] have to take polygraphs, and internal leaks are taken very seriously — people lose their jobs, their careers. It’s not like working at the Department of Agriculture — or at the White House, apparently, where you can blow someone out of the water out of pure vindictiveness.”

Cannistraro is equally dismissive of the idea that the sudden, odd deaths of the four officials indicates foul play. “Anything can be made to look [conspiratorial] when you start putting together a number of things that might otherwise be random in nature. Were these deaths [perpetrated] by an embarrassed royal family that didn’t want the [Zubaydah] information to get out? That’s just a little bit far-fetched,” he says flatly.

Robert Baer agrees it would be possible for someone with access to classified information to smear the Saudis. “If you gave me all the al-Qaida interrogations, I could go through them if I wanted to and cherry-pick stuff that [collectively] could destroy relations between Saudi Arabia and the U.S.,” he says. But he doesn’t believe figures inside the Bush administration would want to do so. “People I know [close to] the administration who follow this tell me that the administration is [ultimately] behind Saudi Arabia. Not because of the Bush family relations with the royal family, but because it’s the pin that holds together the Gulf, and therefore our economy.”

Baer believes that there could indeed be an al-Qaida-Saudi conspiracy, involving radical elements within the extended royal family. “With all the arrests there since the May 12 bombing in Riyadh, what the Saudis have learned to their dismay is that bin Laden has a lot of support in the government and the royal family. It’s such a huge family, and there are a lot of princes who resent everything about the West. The Saudi [rulers] have now said openly that they’re in a battle for their lives, and they know they have enemies embedded throughout the family,” he says. “Call them what you will — terrorists, Arab nationalists, crazies — they’re in the police, the army and the government.”

In fact, Baer makes an assertion startlingly similar to Posner’s. “My information is that [investigators there] were blown away when they started arresting all these people. They found cellphones… and [those arrested] had the numbers to call into the command center of the ministry of the interior.”

Posner’s charges have made little official impact, but they come at a critical — and strained — moment in the U.S.-Saudi relationship. Ever since 9/11, there has been a growing drum roll of anger and resentment against the conservative kingdom and America’s alliance with it. Pundits — some but not all of them right-wing — have attacked Saudi Arabia, as well as lawmakers including Sen. Bob Graham,D-Fla., and Sen. Charles Schumer,D-N.Y. The censored 9/11 report released by Congress in late July, which many suspect implicates the Saudis more deeply, has only added fuel to that fire.

Clearly trying to improve their tattered image in the U.S., the Saudi government made a major move on Friday, divulging for the first time the full extent of their cooperation with the U.S. war on terrorism since 1997. Among other favors, the Saudis, at Vice President Dick Cheney’s request, facilitated the extradition of an al-Qaida member from Yemen to Jordan, where U.S. officials were able to interrogate him.

U.S. officials confirmed most of the Saudi claims, according to the Associated Press, to whom the Saudis had released the information.

The most intriguing and controversial claim, however, involved none other than the alleged key Saudi conspirator, former intelligence chief Prince Turki. Turki claimed his intelligence service warned the CIA in late 1999 and early 2000 about two al-Qaida members, Khalid al-Mihdhar and Nawaf al-Hazmi, who were later among the Sept. 11 hijackers. “What we told them was these people were on our watch list from previous activities of al-Qaida, in both the embassy bombings and attempts to smuggle arms into the kingdom in 1997,” Turki told the Associated Press.

The CIA denied receiving any such information from Saudi Arabia until after 9/11, and Prince Bandar, Saudi Arabia’s ambassador to the U.S., admitted that “no documents” were sent. But Turki insisted his agency communicated the warning to the CIA, at least by word of mouth.

Saudi officials said they had not made their cooperation public previously because they were worried about hostile reaction from their citizenry and other Middle East countries.

But anti-Saudi hard-liners are not likely to be swayed by this new Saudi campaign. Frank Gaffney, president of the right-wing Center for Security Policy in Washington, takes a hard line in assessing the range of options open to America: “You can break off diplomatic relations, you can impose economic sanctions, and you have, ultimately, the option of seizing the oil fields militarily if you have to,” he told Time magazine in September. Such views are still considered unacceptable in official circles: When an analyst invited by powerful neoconservative Richard Perle gave a similar virulently anti-Saudi briefing to a Pentagon advisory group in July 2002, the Bush administration was quickly forced to distance itself. But a push to turn confrontational with the Saudi regime has gained more traction since 9/11 and with the ascension of the neoconservatives, ardent supporters of Israel who despise Saudi Arabia both for its support of radical Islamists and of militant Palestinian groups.

Indeed, almost immediately after 9/11, administration hawks including Deputy Secretary of Defense Paul Wolfowitz and Vice President Dick Cheney began openly promoting a long-held vision for reshaping the Middle East, with the war on Saddam the opening gambit. By opening Iraq’s massive oil reserves to the West, America would be less dependent on the Saudis, and the new U.S. military presence in Iraq would allow U.S. troops to withdraw from Saudi Arabia — which in fact has already largely taken place.

Analysts of all ideological stripes welcomed that withdrawal, as U.S. bases in Saudi Arabia were increasingly viewed as a dangerous political liability. (One of bin Laden’s major grievances, after all, was the presence of U.S. troops on sacred Saudi Arabian soil.) And most would agree that the U.S. relationship with the Saudis needs to be reevaluated, stressing the need (as “Threatening Storm” author Kenneth Pollack did in a recent Op-Ed piece in the New York Times) for the U.S. to encourage the kingdom to reform its autocratic, stagnant ways.

But for the U.S. to attempt to destabilize the Saudi regime as part of a broader endgame of U.S. hegemony in the region would be highly risky, experts say.

“This is all extremely serious. These people [neoconservative advocates of breaking with Saudi Arabia] are playing with not only American military security, but with our economic security,” says Sandra Mackey. “It leads to the same question we’re already facing with Iraq: What comes next? The Saudi regime may be a house of cards, but at least it’s a house. If it topples, who’s going to take over and be able to hold this region together? Some [in Washington] say, ‘We’ll just give the religious fundamentalists Mecca and Medina, and the only thing we really need to worry about is securing the oil-producing areas.’ It’s the same sort of fallacious thinking that got us into Iraq. The neoconservatives are painting a picture to look how they want it to look, rather than seeing what the reality is.”

Robert Baer, while taking a darker view of Saudi complicity with al-Qaida than Mackey does, agrees with her that the neoconservative agenda is dangerous. “You do have a small group of people in Washington who would like to bring the whole Middle East crashing down, but I think they’re totally irresponsible. There would be no better lesson in the law of unintended consequences. If Saudi Arabia goes down, it would take the rest of the Gulf with it. I have personal experience with the five [Mideast] families that control 60 percent of the world’s oil. They’re demented. They would not be able to hold on to power. As much as I despise the Saudi royal family for being arrogant, I still don’t want to see them go down. It would mean tribal war, and a catastrophe of global proportions.”

Mark Follman is Salon's deputy news editor. Read his other articles here.

Khalid Sheikh Mohammed gets his way

Obama officials insisted the terror mastermind receive a military tribunal this week, but their arguments are bunk

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Khalid Sheikh Mohammed gets his wayDetainees at Guantanamo Bay (Credit: Reuters)

A military guard will be on each arm of Khalid Sheikh Mohammed as he is led into a courtroom on Saturday to be arraigned for a second time before a military commission at Guantanamo Bay. He went through the same process in the same courtroom on nearly the same charges almost four years ago in the closing months of the Bush administration. The fact that President Obama chooses now, six months before voters choose between him and Mitt Romney, to restart what some have dubbed “the trial of the century,” using a second-rate system of justice he had ordered stopped at a facility he had ordered closed, makes an unflattering statement about the timidity of his leadership and the malleability of his principles.

Apologists for the tarnished military commissions, like Attorney General Eric Holder and the sixth and current chief prosecutor Brigadier General Mark Martins, acknowledge that our regular federal courts are best suited for terrorism trials. Holder told an audience at Northwestern University in March:

Simply put, since 9/11, hundreds of individuals have been convicted of terrorism or terrorism-related offenses in Article III courts and are now serving long sentences in federal prison.  Not one has ever escaped custody.  No judicial district has suffered any kind of retaliatory attack. These are facts, not opinions.  There are not two sides to this story. Those who claim that our federal courts are incapable of handling terrorism cases are not registering a dissenting opinion – they are simply wrong.

After singing the praises of the federal courts – which really have been swift, severe and successful in comparison to the six and-a-half dubious trials completed over the past decade at Guantanamo – Martins and Holder pivot to polishing the image of the tarnished military commissions they argue are well-suited for a small category of cases. Martins told an audience at Harvard in April:

It is perfectly reasonable to ask why – with concurrent jurisdiction over offenses that can be characterized as both federal civilian crimes and violations of the law of war and with comparable procedural protections – we should invest great energy and resources in military trials. The answer is that there is a narrow but important category of cases in which the pragmatic and principled choice among the lawful tools available to protect our people and serve the interests of justice is a reformed military commission.

Beltway bureaucrats are prone to using buzzwords to shade the truth. For example, rather than saying “yes, it makes us look bad when we lock people away in prison for a decade without a trial,” some might soften it up by using more subtle Beltway language: “The optics are not optimal.”  The word “pragmatic” has become a favorite of the spinmeisters. In truth, being pragmatic has become a synonym for being a wuss. When a bureaucrat capitulates instead of confronting barriers standing in the way of doing the right thing, and then cites the barriers as an excuse for choosing the easier path, he is lauded for making the “pragmatic choice.” Others might say he simply wussed out. President Obama has been “pragmatic” far too often on national security choices in his first three years in office.

There is nothing pragmatic or principled about undermining America’s reputation as a champion of the rule of law and a supposed model for the world to follow. The apologists for Obama’s decision to embrace military commissions call attention to similarities between the commission rules and the rules in federal courts, and they claim those rules are essentially the same. They argue that the two systems are virtually identical and that trial observers will find trials in the two forums nearly indistinguishable. In some things, however, close is just not good enough. An O’Doul’s looks like a beer and has a beer-like flavor, but a real beer drinker would never argue that an O’Doul’s is virtually indistinguishable from a Sam Adams. Just as a near-beer is not practically the same as a real beer, neither is near-justice the equivalent of real justice. The apologists may think they are fooling the rest of the world when they say at long last military commissions do real justice, but they are wrong.

Holder and Martins justify the need for a second-rate military commission system by talking up the alleged realities of the battlefield that they say make it impracticable for troops to worry about doing rights advisements and establishing a chain of custody for evidence while in the midst of a war. Their general principle is entirely valid … but also totally irrelevant in the cases they intend to prosecute before military commissions. Few of the 779 men ever held at Guantanamo were captured by members of the U.S. armed forces and even fewer still were apprehended on the battlefield as that term is commonly understood by ordinary human beings. Khalid Sheikh Mohammed, for instance, was rousted from a sound sleep and arrested in Rawalpindi, Pakistan, by the Pakistani Inter-Services Intelligence Directorate based on information developed by our civilian Central Intelligence Agency. Abd al Rahim al Nashiri, the alleged USS Cole bomber, was apprehended in Dubai, a bustling global business center in the United Arab Emirates that no one considers a battlefield. Hambali was arrested near Bangkok, Thailand, by Thai authorities and later turned over to the CIA. The truth is that not a single one of the 14 so-called high-value detainees was captured by members of the U.S. armed forces on a battlefield; in fact, none were even apprehended in Afghanistan. The perception of some inexperienced 19-year-old Army private trying to read Miranda rights to a captured al Qaeda fighter while hunkered down in a foxhole with bombs exploding nearby and bullets whizzing past overhead is a canard.

Military commission apologists should have the integrity to stand up and tell the public the truth about the small category of cases they believe are best-suited for the second-rate procedures of the tarnished military commissions. The truth is the reason the apologists want a second-rate military commission option is because of what we did to the detainees, not because of what the detainees did to us. This is not about the exigencies of the battlefield and the problems our soldiers face trying to fight a war; this is about torture, coercion, rendition and a decade or more in confinement without an opportunity to confront the evidence – abuses that would have us up in arms if done to an American citizen by some other country – that make the tarnished military commissions uniquely suited to try and accommodate the small category of cases where we crossed over to the dark side. A military commission may be a justice-themed theatrical production – complete with a script, actors, a sound stage and costumes that create a passable courtroom-like atmosphere – but beneath that facade is a ‘heads we win, tails you lose’ charade where, as the government admits, even if a KSM or a Nashiri is found not guilty he returns to a cell to continue serving what is likely a life sentence. That should not inspire anyone to wave the flag and shout USA! USA! in celebration of our vaunted exceptionalism.

Lloyd Cutler was the youngest member of the prosecution team in the trial of eight Nazi saboteurs captured, convicted by a military commission and executed in a span of six weeks in the summer of 1942. He wrote an op-ed in the Wall Street Journal on December 31, 2001, nearly 60 years after his military commission experience ended and 10 days before the first detainees arrived at Guantanamo Bay. Mr. Cutler said that how we prosecute alleged al Qaeda terrorists will say as much about us as it does about al Qaeda. He warned that success will be judged by our ability to show the world that justice is in fact being done.

Had we heeded Mr. Cutler’s advice back in 2001 we would not be where we are now in 2012, fumbling along more than a decade later still trying to mold a second-rate process to fit around sets of bad facts we created when we turned our backs on the law and our values.  In normal practice, cases are developed to conform to the court. Here, because of how we mistreated some of the detainees, we are trying to develop a court to conform to the cases. We are setting an example for the world, but not a good one.

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Morris Davis was chief prosecutor for the military commission at Guantanamo Bay, Cuba, from 2005-2007. He is a retired U.S. Air Force colonel and a member of the faculty at the Howard University School of Law in Washington, D.C.

“You Don’t Like the Truth”: Our first look at a Gitmo interrogation

A bewildered Canadian teenager goes to Guantanamo Bay in this disturbing look inside the War on Terror

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A still from "You Don't Like the Truth"

In the wake of the extrajudicial killing of American citizen Anwar al-Awlaki and several other people in Yemen this week, we’re faced (once again) with the realization that the United States Constitution has become a largely meaningless totem. It gets waved around enthusiastically by people on all sides of the political spectrum whenever it seems to serve their interests, but nobody pays much attention to what it actually says. Presumably President Obama, the military-intelligence establishment and the mainstream media are declaring Awlaki a special case. Thanks to the secret provisions of secret laws, he was deprived of all the rights of citizenship and not subject to the ordinary rule of law that extends back not merely to the Constitution but to the Magna Carta (at least).

Some similar exemption must also be made for the Canadian citizen Omar Khadr, who was 15 years old when he was found, badly injured and barely alive, after a 2002 firefight between U.S. troops and Taliban forces in Afghanistan. (Khadr’s father, an al-Qaida supporter and fundraiser, had apparently dropped him off at a Taliban compound a few weeks earlier.) Based on what we see in the painful, revealing documentary “You Don’t Like the Truth: 4 Days Inside Guantánamo” — the first film to show actual interrogation footage from inside the secret American military prison at Guantánamo Bay, Cuba — Khadr became a sort of ritual sacrifice by the Canadian government, an offering to its American allies and/or overlords. His case became a hot political issue north of the border, where Canadians pride themselves on a society that is more egalitarian, and more civilized, than that of their American neighbors.

Following a Canadian Supreme Court decision, most of Khadr’s seven-hour interrogation at Gitmo by CSIS officers — the approximate Canadian equivalent of the CIA — has been declassified, and veteran lefty documentarians Luc Côté and Patricio Henríquez use that claustrophobic, low-resolution 2003 footage as the basis for “You Don’t Like the Truth.” That sounds like something the interrogators might have said to Khadr, but it isn’t. It’s what he tells them after realizing they don’t want to hear his allegations that he was tortured by American forces, and that all his supposed confessions about knowing Osama bin Laden and attending al-Qaida barbecues were made up on the spot, to stop the pain.

You won’t see Khadr suffer physical torture on these surveillance tapes, although the interrogators rely on time-honored tactics of psychological abuse, alternately berating him and plying him with Big Macs. You will see a teenager who speaks idiomatic North American English, and who is obviously relieved to see fellow Canadians, whom he naively assumes have come to help him. And you’ll see him go through a near-total breakdown, sitting alone in the room weeping for his mother, after he realizes that no one cares about what happens to him and that he’s only interesting to his interrogators as long as he keeps making up stories about Osama and al-Qaida.

I have no idea whether Khadr actually threw a grenade that killed a U.S. Delta Force soldier, as was alleged after his capture. (Khadr has consistently denied it, and photographic evidence suggests that he had been shot through the back and was out cold before the soldier’s death.) But the Canadian interrogators barely mention it, and it feels suspiciously like an inflammatory distraction, thrown in mostly to alienate all possible North American sympathy. At best it’s an ancillary question. If Khadr was a genuine military combatant, then he can’t be prosecuted for killing an enemy soldier in battle. Furthermore, he would have to be considered a child soldier under international law, which theoretically immunizes him even for war crimes. Convicting him on such charges, as the government eventually did in a secret court on secret evidence, required the finding that he wasn’t a soldier but a civilian terrorist (even though he was supposedly linked to two organizations, al-Qaida and the Taliban, with whom the U.S. government has repeatedly said it’s at war).

Côté and Henríquez intersperse brief and highly effective interview segments between snippets of the interrogation tape, with subjects ranging from former U.S. military officers (including Khadr’s lawyer and psychiatrist) to former Guantánamo inmates (including Moazzam Begg, now a leading British activist for other detainees) to Khadr’s mother and sister (wearing full-face Islamic veils) to Damien Corsetti, the much-demonized former soldier who knew Khadr as a guard at Bagram. What comes through repeatedly is that questions of law and reason, or guilt and innocence, played no role in the case of Omar Khadr. He was a vulnerable and confused kid whose own government turned its back on him, which made him a perfect candidate to become one of the few Gitmo detainees convicted of something. He was 15 when he was captured, and will be 31 when he (supposedly) gets out.

“You Don’t Like the Truth: 4 Days Inside Guantánamo” is now playing at Film Forum in New York, with more cities and dates to follow.

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U.S. officials: Al-Qaida ops chief killed by CIA

Top Pakistani operative dead after drone strike earlier this week

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A top al-Qaida operative was killed earlier this week in Pakistan’s tribal areas, U.S. and Pakistani officials said Thursday. The death landed another blow against the besieged terrorist network.

The man killed was Abu Hafs al-Shahri, whom two U.S. officials describe as al-Qaida’s chief of operations in Pakistan.

Though his name is little known beyond intelligence circles, Al-Shahri is described as dangerous by both the Pakistani and U.S. officials, who spoke on condition of anonymity to describe classified counterterrorist operations.

He was apparently killed by a CIA drone strike in Pakistan’s lawless tribal areas, though officials would not describe the method since the program is classified. A drone strike was reported by locals on Sunday night.

The officials say al-Shahri worked closely with the Pakistani Taliban to carry out attacks inside Pakistan, and was also a contender to assume some duties of al-Qaida’s second in command, Atiyah Abd al-Rahman. Al-Rahman was killed by a CIA drone strike in late August.

U.S. officials believe they can cripple the core al-Qaida organization if they take out the top four or five figures, following the killing in May of al-Qaida chief Osama by Laden by Navy SEALs. Eight of the network’s top 20 leaders were killed this year alone, according to the Pentagon’s undersecretary for defense intelligence, Michael Vickers, in remarks this week. Vickers predicted that with sustained counterterrorist operations, “within 18-24 months, core al-Qaida’s cohesion and operational capabilities could be degraded to the point that the group could fragment and exist mostly as a propaganda arm.”

But Vickers and CIA director David Petraeus said al-Qaida’s offshoots will remain a serious threat to the U.S.

A Pakistani intelligence official says Pakistani operations chief al-Shahri was a Saudi national, who had lived in the tribal regions of Pakistan, bordering eastern Afghanistan, since 2002.

One of the U.S. officials said the same individual is No. 11 on Saudi Arabia’s top-85 most wanted terror suspects, where his full name is listed as Osama Hamoud Gharman Al-Shihri. The official said the same person is No. 68 on Interpol’s most wanted list, where his name was spelled “Al-Shehri” and his birthdate was listed as Sept. 17, 1981.

Al-Shahri engaged in liaison mainly with Pakistan’s Tehrik-e Taliban Pakistan to conduct coordinated attacks against targets inside Pakistan, one of the U.S. officials said. But al-Qaida also inspired the Pakistani Taliban to undertake its first known overseas attack, when a U.S. based operative tried and failed to detonate a car bomb in Times Square last year.

Al-Shahri’s killing was first reported by NBC News.

Al-Qaida’s senior planner of global terror operations, Adnan Shukrijumah, remains at large.

AP writer Matt Apuzzo contributed from Washington, and AP writer Riaz Khan contributed to this story from Peshawar.

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U.S. accuses Iran of “secret deal” with al-Qaida

Administration says Iranian government provides money and recruits for attacks in Afghanistan, Pakistan

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U.S. accuses Iran of FILE - This Monday, Aug. 3, 2009 file photo released by the official website of the Iranian Supreme Leader's office, shows Iranian President Mahmoud Ahmadinejad, right, delivering a speech after Supreme Leader Ayatollah Ali Khamenei, seated at left, formally endorsed him for a second term as President during an official ceremony in Tehran, Iran. As Iran's capacity to build nuclear weapons grows, intelligence assessments from nations that follow Tehran's atomic progress discern increasing indecision and squabbling by its leadership on whether to make such arms - and if so, how overtly. Most suggest Ahmadinejad is more circumspect. But an intelligence summary shared recently with The Associated Press sees Supreme Leader Ayatollah Ali Khamenei as the more cautious of the two and says the Revolutionary Guard is benefiting from the dispute, with some of the authority normally exercised by the president devolving to it. (AP Photo/Office of the Supreme Leader, File) ** EDITORIAL USE ONLY, NO SALES ** EDITORS NOTE AS A RESULT OF AN OFFICIAL IRANIAN GOVERNMENT BAN ON FOREIGN MEDIA COVERING SOME EVENTS IN IRAN, THE AP WAS PREVENTED FROM INDEPENDENT ACCESS TO THIS EVENT(Credit: AP)

The Obama administration accused Iran on Thursday of entering into a “secret deal” with an al-Qaida offshoot that provides money and recruits for attacks in Afghanistan and Pakistan. The Treasury Department designated six members of the unit as terrorists subject to U.S. sanctions.

The U.S. intelligence community has in the past disagreed about the extent of direct links between the Iranian government and al-Qaida. Thursday’s allegations went further than what most analysts had previously said was a murky relationship with limited cooperation.

David S. Cohen, Treasury’s point man for terrorism and financial intelligence, said Iran entered a “secret deal with al-Qaida allowing it to funnel funds and operatives through its territory.” He didn’t provide any details of that agreement, but said the sanctions seek to disrupt al-Qaida’s work in Iraq and deny the terrorist group’s leadership much-needed support.

“Iran is the leading state sponsor of terrorism in the world today,” Cohen said in a statement. “We are illuminating yet another aspect of Iran’s unmatched support for terrorism.”

Treasury said the exposure of the clandestine agreement would disrupt al-Qaida operations by shedding light on Iran’s role as a “critical transit point” for money and extremists reaching Pakistan and Afghanistan.

“This network serves as the core pipeline through which al-Qaida moves money, facilitators and operatives from across the Middle East to South Asia,” it said..

Treasury said a branch headed by Ezedin Abdel Aziz Khalil was operating in Iran with the Tehran government’s blessing, funneling funds collected from across the Arab world to al-Qaida’s senior leaders in Pakistan. Khalil, the department said, has operated within Iran’s borders for six years.

Also targeted by the sanctions is Atiyah Abd al-Rahman, appointed by Osama bin Laden as al-Qaida’s envoy in Iran after serving as a commander in Pakistan’s tribal areas. As an emissary, al-Rahman is allowed to travel in and out of Iran with the permission of government officials, the statement claimed.

The sanctions block any assets the individuals might have held in the United States, and bans Americans from doing any business with them.

No Iranian officials were cited for complicity in terrorism. The others targeted were Umid Muhammadi, described as a key planner for al-Qaida in Iraq’s attacks; Salim Hasan Khalifa Rashid al-Kuwari and Abdallah Ghanim Mafuz Muslim al-Khawar, Qatar-based financial supporters who’ve allegedly helped extremists travel across the region; and Ali Hassan Ali al-Ajmi, a Kuwait-based fundraiser for al-Qaida and the Taliban.

The action comes a day after the top U.S. commander for special operations forces said al-Qaida is bloodied and “nearing its end,” even as he warned that the next generation of militants could keep special operations fighting for a decade to come.

Navy SEAL Adm. Eric T. Olson said bin Laden’s killing on May 2 was a near-fatal blow for the organization created by bin Laden and led from his Pakistan hide out. He said the group already had lost steam because of the revolts of the Arab Spring, which proved the Muslim world did not need terrorism to bring down governments, from Tunisia to Egypt.

Treasury’s public allegations against Iran may reflect part of a strategy to expand the pressure on smaller, less well-established offshoots of al-Qaida as the weakening of the group’s leadership threatens to make its activities more disparate. Washington already has re-focused much attention on al-Qaida’s Yemen-based branch, which has attempted to bomb a U.S.-bound jetliner and cargo planes in recent years.

But the exact nature of Iran’s relationship with al-Qaida remains disputed in Washington, with different branches of the intelligence community disagreeing about whether Iran is supporting al-Qaida as a matter of policy, according to one U.S. official. The official spoke on condition of anonymity to discuss intelligence matters.

Some hardline militants backing al-Qaida, members of Islam’s majority Sunnis, see the Shiite Islam dominant in Iran as heretical, and they view Tehran’s regional ambitions as a greater threat than the West. Sunni insurgents in Iraq have used car bombs and suicide attacks against Shiite targets, killing thousands since 2003, as well as targeting Shiite militias allied to Iran.

Since 2001, Iran has appeared a somewhat reluctant host for senior al-Qaida operatives who fled there after the U.S. invasion of Afghanistan, keeping them under tight restrictions. After an initial period of cooperation with the West, Iran now seems to be a more comfortable haven even if it remains on the edge of al-Qaida’s orbit.

Western officials point to the release earlier this year of an Iranian diplomat who was held for 15 months after being kidnapped by gunmen in Pakistan.

In negotiations for the diplomat’s freedom, they say Iran promised better conditions for dozens of people close to Osama bin Laden who were being held under tight security. These included some of the terror chief’s children and the network’s most senior military strategist, Saif al-Adel.

Still, the life of the al-Qaida-linked exiles in Iran continues to be very much a blind spot for Western intelligence agencies. Few firm details have emerged, such as how much Iran limits their movements and contacts.

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What should we believe about al-Qaida?

Too much of what we "know" about bin Laden and the terrorist group he led comes from anonymous U.S. officials

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What should we believe about al-Qaida?

Almost everything we learn about Al-Qaida and Osama bin Laden these days is coming from anonymous U.S. officials.

Wednesday, for instance, U.S. officials told us via The Washington Post that Al-Qaida was on the verge of being totally wiped out. The comments echoed earlier ones from Defense Secretary Leon Panetta, the former C.I.A. director, who earlier said that only a couple dozen more Al-Qaida militants needed to be killed before the war was over.

Last week the officials were talking to the Wall Street Journal. They told the paper that Al-Qaida would likely be shifting the focus of its attacks to Western targets outside of the United States. They said this was because it had become too difficult for them to strike inside the United States.

The Wall Street Journal said the U.S. officials had come to this conclusion based on evidence gleaned from flash drives found in the compound where bin Laden was killed. Much of the information we are learning about bin Laden and Al-Qaida, in fact, is said (by U.S. officials) to be coming from those flash disks, as well as a computer.

It was from the computer, for instance, that U.S. officials learned that bin Laden liked porn. Everyone ran with that story. It was great story. Not only was it sure to drive traffic, combining two of the most searched items on the internet these days (porn and bin Laden), but it also tweaks the legacy of a man who claimed that a strict adherence to Islam is what guided him in his global campaign of terror.

It is reminiscent of the news, also released by U.S. officials, immediately following the raid that led to bin Laden’s death that, in a vain attempt to protect himself, bin Laden used his wife as a human shield. Not so heroic. That detail turned out to be false. As was news that bin Laden was armed.

The news that bin Laden liked porn also came from U.S. officials. They leaked it anonymously to Reuters and then everyone else reported the Reuters report (including GlobalPost). In fact, all the details about the raid, what transpired and what was found after, has come from U.S. officials.

The New York Times reported on May 6 that the details surrounding the raid and the discoveries that followed have been fluid in their accuracy. It partly blamed a ravenous media, itself included. But it also blamed a desire by the United States to spin facts in order to diminish bin Laden’s legacy.

Was the revelation that bin Laden liked porn part of that spin? What about everything else we are learning from U.S. officials? Is that spin too?

If it’s not spin, all the reports surely play into the hands of the U.S. government. Not only did the Wall Street Journal story infer that our defense measures are working but it justified our continued pursuit of Al-Qaida militants all over the world, both through the war in Afghanistan and the ramping up of drone attacks in Yemen and Somalia.

The Washington Post story, meanwhile, suggests that we have been successful in Pakistan, where drone strikes have been plentiful, but Al-Qaida remained strong in Yemen, where the U.S. plans to increase its use of unmanned drones.

Other things we learned recently about bin Laden: He was planning an attack on the 10-year anniversary of Sept. 11, he had a “direct” role in the planning of the July 7 bombings in London, a belief that runs counter to previous reports, and he was actively planning any number of other attacks as well — all according to “U.S. officials.”

If you say so.

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