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Showing posts with label 9/11/01. Show all posts
Showing posts with label 9/11/01. Show all posts

A CIA veteran on what ‘Zero Dark Thirty’ gets wrong about the bin Laden manhunt

By Jose A. Rodriguez Jr.
The Washington Post
http://www.washingtonpost.com
January 3, 2012


Jose A. Rodriguez Jr. is a 31-year veteran of the CIA. He is the author of “Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives,” written with former CIA spokesman Bill Harlow, who also contributed to this essay.

It is an odd experience to enter a darkened room and, for more than 21 / 2 hours, watch someone tell a story that you experienced intimately in your own life. But that is what happened recently as I sat in a movie theater near Times Square and watched “Zero Dark Thirty,” the new Hollywood blockbuster about the hunt for Osama bin Laden.
When I was head of the CIA’s Counterterrorism Center from 2002 to 2004 and then director of the National Clandestine Service until late 2007, the campaign against al-Qaeda was my life and obsession.
I must say, I agree with both the film critics who love “Zero Dark Thirty” as entertainment and the administration officials and prominent senatorswho hate the movie for the message it sends — although my reasons are entirely opposite theirs.
Indeed, as I watched the story unfold on the screen, I found myself alternating between repulsion and delight.
First, my reasons for repulsion. “Zero Dark Thirty,” which will open for Washington audiences Friday, inaccurately links torture with intelligence success and mischaracterizes how America’s enemies have been treated in the fight against terrorism. Many others object to the film, however, because they think that the depiction of torture by the CIA is accurate but that the movie is wrong to imply that our interrogation techniques worked.
They are wrong on both counts. I was intimately involved in setting up and administering the CIA’s “enhanced interrogation” program, and I left the agency in 2007 secure in the knowledge not only that our program worked — but that it was not torture.
One of the advantages of inhabiting the world of Hollywood is that you can have things both ways. In the publicity campaign for the movie, the director and the screenwriter have stressed that “Zero Dark Thirty” was carefully researched and is fact-based. When discussing the so-called torture scenes, director Kathryn Bigelow has said: “I wish it was not part of our history, but it was.” Yet when pressed about inaccuracies, screenwriter Mark Boal has been quick to remind everyone: “This is not a documentary.”
What I haven’t heard anyone acknowledge is that the interrogation scenes torture the truth. Despite popular fiction — and the fiction that often masquerades as unbiased reporting — the enhanced interrogation program was carefully monitored and conducted. It bore little resemblance to what is shown on the screen.
The film shows CIA officers brutalizing detainees — beating them mercilessly, suspending them from the ceiling with chains, leading them around in dog collars and, on the spur of the moment, throwing them on the floor, grabbing a large bucket and administering a vicious ad hoc waterboarding. The movie implies that such treatment went on for years.
The truth is that no one was bloodied or beaten in the enhanced interrogation program which I supervised from 2002 to 2007. Most detainees received no enhanced interrogation techniques, and the relative few who did faced harsh measures for only a few days or weeks at the start of their detention. To give a detainee a single open-fingered slap across the face, CIA officers had to receive written authorization from Washington. No one was hung from ceilings. The filmmakers stole the dog-collar scenes from the abuses committed by Army personnel at Abu Ghraib in Iraq. No such thing was ever done at CIA “black sites.”
The CIA did waterboard three of the worst terrorists on the planet — Abu Zubaida, Khalid Sheik Mohammed and Abd al-Rahim al-Nashiri — in an effort to get them to cooperate. Instead of a large bucket, small plastic water bottles were used on the three men, who were on medical gurneys. The procedure was totally unlike the one seen in the movie but was consistent with the same tactic used, without physical or psychological damage, on tens of thousands of U.S. military personnel as part of their training.
Most Americans probably think waterboarding was stopped by President Obama once he took office in 2009. Few know that the technique was last used in 2003, when Obama was still an unknown state senator in Illinois.
Inspired perhaps more by past movies than first-hand accounts, “Zero Dark Thirty” shows detainees being asked a question, tortured a little, asked another question and then tortured some more. That did not happen. Detainees were given the opportunity to cooperate. If they resisted and were believed to hold critical information, they might receive — with Washington’s approval — some of the enhanced techniques, such as being grabbed by the collar, deprived of sleep or, in rare cases, waterboarded. (The Justice Department assured us in writing at the time that these techniques did not constitute torture.) When the detainee became compliant, the techniques stopped — forever.
Some of those objecting to the movie are doing so not because of how the interrogations are depicted, but because of what the movie implies came out of them. The film suggests that waterboarding directly contributed to obtaining vital information about bin Laden’s courier — a break that eventually led to the al-Qaeda leader. Opponents of the CIA are quick to insist that waterboarding played no role in tracking him down. Both the movie and those critics are wrong.
The first substantive information about the courier came in 2004 from a detainee who received some enhanced interrogation techniques but was not waterboarded. Although we had heard the nom de guerre Abu Ahmed al-Kuwaiti, until that time we were unaware of the central role he played in bin Laden’s communications. Subsequently, as we always did, we checked out this information with other detainees. Khalid Sheik Mohammed, who had been waterboarded, was by then cooperating with us to some extent. He denied any knowledge of the courier, but so adamantly that we knew we were on to something. We then intercepted secret messages that Mohammed was sending to other detainees, ordering them to say nothing about al-Kuwaiti.
After obtaining this essential lead on the courier, years of meticulous intelligence work followed. Having the black sites and compliant terrorists allowed us to repeatedly go back to the detainees to check leads, ask follow-up questions and clarify information. Without that capacity, we would have been lost.
“Zero Dark Thirty” has some minor flaws that will be laughable to CIA veterans. For example, early in the film, the agency’s chief of station in Islamabad walks around with a CIA lapel pin — not the best of tradecraft. Agency officers talk openly in hotels and restaurants about ongoing operations, and a junior officer threatens to have her boss hauled in front of a congressional oversight committee. (Now that would be torture.)
But Bigelow and Boal get a lot of things right, too. They portray the hunt for bin Laden as a 10-year marathon, rather than a sprint ordered by a new president. The film gives a glimpse of the extraordinary cooperation between the CIA and the U.S. military, a relationship that has only deepened in the years since Sept. 11, 2001.
And, if you pay close attention, “Zero Dark Thirty” also concedes that it was a matrix of intelligence capabilities — including interrogation, other human intelligence, expert analysis, signals intelligence and imagery analysis — that came together to lead the SEALs to bin Laden’s hideout in Abbottabad. I say “if you pay close attention” because the intelligence tradecraft is overwhelmed by the intense and misleading interrogation scenes at the start of the movie.
I had to smile at one scene in which a White House official demands more information from the CIA, only to be asked how the agency is supposed to obtain it when the detention and interrogation program has been taken away. The screenwriter seemed to catch the nuance that the administration has made the CIA’s job much harder.
No doubt, the filmmakers had a very difficult task. They had to boil down a decade of grueling work into a few hours — and make it entertaining. It is impossible for even the most skilled filmmakers to fully capture the context of the times. During the first few years after Sept. 11, the CIA was under enormous pressure, fearing an imminent and deadlier reprise of the attacks. There were credible reports of al-Qaeda seeking fissile nuclear material. Those who say we should have taken a more cautious and deliberate approach to finding out what men like Mohammed knew never stood in our shoes.
It is hard to accurately tell a story that spans more than a decade and involves a real-world cast of thousands. So Bigelow and Boal develop their narrative through the eyes of a small number of characters, such as a CIA officer they call Maya. I do not want to diminish the contributions of any individual. Indeed, I have often said that a handful of officers, mainly women, in the Counterterrorism Center deserve a disproportionately large share of the credit for the relentless focus that eventually brought bin Laden to his well-deserved demise. But, while there are real-world equivalents of Maya and her colleagues in “Zero Dark Thirty,” the successes and the failures in this mission were the work of many, not a few.
The film includes another female character, unnamed in the movie but clearly based on CIA officer Jennifer Matthews, who tragically was killed in the 2009 suicide bombing at an agency base in Khost, Afghanistan. Perhaps to build up the Maya character, the filmmakers wrongly portray this other woman as overly ambitious and less than serious. The real person was an exceptionally talented officer who was responsible for some enormous intelligence successes, including playing a prominent role in the capture of al-Qaeda logistics expert Abu Zubaida in 2002. Her true story and memory deserve much better.
According to recent news reports, the Senate Intelligence Committee is investigating whether the CIA inappropriately cooperated with the filmmakers. I saw nothing in “Zero Dark Thirty” that I believed to be classified — unless one considers secret the notion that enhanced interrogation techniques played a role in getting bin Laden. The Senate committee seems to want to punish the agency for telling that truth.
Inevitably, films like this come to be seen by the public as a sort of proxy for reality. Even those who should know better get caught up in false arguments, debating, for example, “Can torture (as shown in the film) be justified?” rather than “Are harsh but legal measures (as not shown in the film) sometimes necessary?”
Despite its flaws, inaccuracies and shortcuts, I do believe this film is well worth seeing. Like the real hunt for bin Laden, it goes on way too long, but there is value in the end. Theatergoers should understand, however, that “Zero Dark Thirty” is more than a movie and less than the literal truth. This is especially apparent in the final scene, with Maya in tears, drained, not sure where to go or what to do next.
Her real-world counterparts have no doubt: The battle against al-Qaeda is far from over.

FBI knew al-Awlaki had bought air tickets for 9/11 hijackers -- still was invited to Pentagon and preached on Capitol Hill


By Robert Spencer
http://www.jihadwatch.org
January 3, 2012
Here is evidence that the infiltration long predates the Obama Administration.
Here is al-Awlaki addressing "moderate" Muslims including Nihad Awad of Hamas-linked CAIR on Capitol Hill in 2002. The rest is below. "Documents Uncovered by Judicial Watch Indicate FBI Knew Assassinated U.S. Born Terrorist Anwar al-Aulaqi Purchased Airline Tickets for 9/11 Hijackers," from Judicial Watch, January 3 (thanks to Jeff):
WASHINGTON, DC--(Marketwire - Jan 3, 2013) - Judicial Watch announced today that it has received documents from the U.S. State Department indicating that the Federal Bureau of Investigation (FBI) was aware on September 27, 2001, that Anwar al-Aulaqi, the U.S. born terrorist assassinated by a U.S. drone in Yemen on September 30, 2011, had purchased airplane tickets for three of the 9/11 terrorist hijackers, including mastermind Mohammed Atta. Subsequent to the FBI's discovery, al-Aulaqi was detained and released by authorities at least twice and had been invited to dine at the Pentagon.
According to a September 27, 2001, FBI transcription, obtained through the Freedom of Information Act (FOIA) lawsuit (Judicial Watch v. U.S. Department of State and Federal Bureau of Investigations (No. 1:12-cv-00893)), al-Aulaqi purchased airline tickets for the following 9/11 hijackers:
  • Mohammed Atta, America West Airlines, 08/13/2001, for a flight from Washington, DC, to Las Vegas, Nevada, to Miami, Florida.

  • S. Suqami, Southwest Airlines, 07/10/2001, for a flight from Ft. Lauderdale, Florida, to Orlando, Florida.

  • Al-Sheri, National Airlines, 08/01/2001, for a flight from San Francisco, California, to Las Vegas, Nevada, to Miami, Florida.
The documents also include material showing that al-Aulaqi was uncooperative with FBI agents investigating the 9/11 attacks and was seemingly a central focus of the FBI investigation and monitoring related to 9/11.
But records previously uncovered by Judicial Watch, subsequent to the September 27, 2001, FBI transcription, show that al-Aulaqi was arrested and released by authorities. Two documents uncovered by Judicial Watch include "Privacy Act Release Forms" issued by the U.S. Embassy in Sana'a, Yemen, and signed by al-Aulaqi. One was dated November 14, 2006, and the other July 2, 2007, indicating that al-Aulaqi had been arrested by authorities. The documents do not indicate how long al-Aulaqi was detained or why he was released.
In addition to the arrests noted by the documents in 2006 and 2007, al-Aulaqi was detained and questioned at New York's JFK airport on October 10, 2002, under a warrant for passport fraud, a felony punishable by up to 10 years in prison. However, the FBI ordered al-Aulaqi's release, even though the arrest warrant wasstill active at the time of his detention as reported by Fox News Channel's Catherine Herridge. Once released al-Aulaqi then took a flight to Washington, DC, and eventually returned to Yemen.
On February 5, 2002, four months after the FBI discovered his connection to the 9/11 terrorists, al-Aulaqi was invited to dine at the Pentagon on February 5, 2002, "as part of the military's outreach to the Muslim community in the immediate aftermath of the attacks," reports Herridge.
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Eleven Years On


Eleven Years of the Same Mistake
Posted By Bruce Thornton On September 11, 2012 @ 12:55 am In Daily Mailer,FrontPage | 9 Comments
Eleven years ago today America was violently awakened to the fact that it was at war. The attacks of 9/11 were the latest gruesome assault in the long conflict between the West and Islam, a war most Americans didn’t know was being waged, a war that had been going on for 14 centuries. Yet for the following eleven years, America’s response to this war has been compromised by the serial violation of Sun Tzu’s dictum, “If you know neither the enemy nor yourself, you will succumb in every battle.” Eleven years on, we still haven’t taken an accurate measure of the enemy who wants to destroy us.
The ruins in New York were still smoking as the preposterous explanations for the murders started pouring forth, most of them marked by what Andrew McCarthy calls “willful blindness” not just to the doctrines of Islam that motivated al Qaeda, but to our own unexamined assumptions and received wisdom. Of course, the left blamed America for the attacks, professors blaming the “terrorism” of the first Gulf War, or the “millions of victims of American imperialism,” or the “fascism of U.S. foreign policy over the past many decades.” Support for Israel was another spurious cause of jihadist violence, even though bin Laden himself cited the dissolution of the Ottoman caliphate, not the creation of Israel, as the most important “disaster” that led to the 9/11 payback.

More common in the mainstream media were the various psychological explanations that reflected the modern secularist view of religion as a Marxian “opiate” or a Freudian “illusion,” compensation for a lack of jobs or political freedom. The New York Times editorialized that “the disappointed youth of Egypt and Saudi Arabia turn to religion for comfort” for their lack of economic opportunity or political participation. Bill Clinton, on whose watch al Qaeda and bin Laden were allowed to proliferate and attack America with impunity, trotted out the antique progressive fingering of “poverty” as the motive for jihadist violence: “The forces of reaction feed on disillusionment, poverty, and despair.” Such reductive psychologizing was a favorite of New York Times columnist Thomas Friedman, the Delphic oracle of received wisdom, who claimed that economic inferiority and lack of development in Middle Eastern states caused “dissonance and humiliation” that “produces lashing out,” as though the jihadists were teenaged juvenile delinquents with low esteem. Ignored in all these analyses were the numerous jihadist tracts that legitimized their attacks with appeals to 14 centuries of Islamic theology and jurisprudence.

Yet the Bush administration was equally dismissive of Islamic theology as the engine of jihadist violence. Lack of liberal democracy and political freedom, not Islamic belief, was the breeding ground of terrorism. The wars in Iraq and Afghanistan, at the time necessary in order to eliminate state sponsors and facilitators of Islamic terrorism, soon came to be conducted from the perspective of the larger “Bush Doctrine” of democracy promotion. In the September 2002 National Security Strategy of the United States of America, the idea of supporting and fostering global democracy formed one key part of that strategy. The NSS asserted that there is “one sustainable model for national success: freedom, democracy, and free enterprise,” for “these values of freedom are right and true for every person, in every society.” Thus the foreign policy of the U.S. will be “to extend the benefits of freedom across the globe. We will actively work to bring the hope of democracy, development, free markets, and free trade to every corner of the world.” Bush returned to these themes in January 2005 in his inaugural speech, in which he linked U.S. security and global peace to the “force of human freedom” and the expansion of democracy: “The survival of liberty in our land increasingly depends on the success of liberty in other lands. The best hope for peace in our world is the expansion of freedom in all the world.”

But these assumptions ignored the central place religion holds for pious Muslims, for whom obedience to Allah is more important than political freedom or democracy, and Islam and shari’a law provide a perfect, divinely sanctioned system for organizing political, social, economic, and private life. This rejection of Western political systems as un-Islamic has for decades characterized theorists of jihadism like Hassan al Banna, Sayyid Qutb, and the Ayatollah Khomeini, all of whom related the moral decadence and irreligion of the West to its seductive but false “benefits of freedom.” This failure to acknowledge and take seriously the different “philosophical assumptions, underlying values, social relations, customs, and overall outlooks on life,” as Samuel Huntington wrote in 1996 in his prophetic The Clash of Civilizations, that create civilizational differences was particularly significant for Islamic states. Islam’s historical record of violent expansion on its “bloody borders,” its own universalist pretensions, its anger at its faith being surpassed by a West it once dominated, and its theologically sanctioned confidence in its superiority and divine right to global dominance, all make Islamic civilization particularly unlikely to acquiesce in a “new world order” that reflects Western values and its secularized culture.

Despite the continuing dubious outlook for the success of the democratic project in Afghanistan and Iraq, difficulties reflecting in part the civilizational differences Huntington wrote about, there was little prudence in our foreign policy establishment’s response to the wave of revolutions, violent protest, and regime changes in the Middle East that started in Tunisia in December 2010 and was quickly dubbed the “Arab Spring.” Indeed, reactions to these events reprised the unexamined assumptions about democracy as the default global political order that had animated the Bush Doctrine. Senator John McCain asserted that the Libyans battling Muammar Gaddafi were aiming for “lasting peace, dignity, and justice.” Senator Joseph Lieberman’s article in Foreign Affairs summarized the Arab Spring as a struggle for “democracy, dignity, economic opportunity, and involvement in the modern world.” And President Obama claimed that Egyptians revolted against Hosni Mubarak because they wanted “a government that is fair and just and responsive.” All ignored the numerous polls and evidence that critical masses of rebels wanted to create Islamic regimes founded on shari’a law.

The subsequent electoral success of Islamist parties eager to create governments that substantially incorporate illiberal shari’a law, or the ascendancy in Egypt of the anti-Western, illiberal Muslim Brothers–– whose credo is “God is our objective; the Quran is our constitution, the Prophet is our leader; jihad is our way; and death for the sake of God is the highest of our aspirations”––seemingly has not troubled this bipartisan cheerleading for the magic powers of democratic elections. The June 2012 election of Muslim Brother Mohammed Morsi as Egypt’s president was met with congratulations from Republican Senator John McCain and Independent Joseph Lieberman: “The Egyptian people have spoken,” the senators said in a joint statement, “and we respect their choice and look forward to working with President-elect Morsi in a spirit of mutual respect and in pursuit of the many shared interests of the United States and Egypt.”

The Obama administration has been particularly eager to perpetuate this delusional belief that democratic machinery and rhetoric can trump deep-seated religious beliefs that conflict with Western notions of human rights and freedom. As a consequence, Obama had encouraged and legitimized Egypt’s Muslim Brothers. His Director of National Intelligence, James Clapper, called them “a very heterogeneous group, largely secular, which has eschewed violence and has decried Al Qaeda as a perversion of Islam,” an estimation contradicted by numerous statements by Muslim Brother spokesmen and spiritual advisors advocating shari’a law, promoting violent jihad against Islam’s enemies, and calling for the abrogation of the peace treaty with Israel. Regarding the treaty, Egypt’s intentions may be divined in a statement made by Morsi’s spokesman, who has declared, “Our capital won’t be Mecca or Medina, but Jerusalem, millions of shahids [martyrs] will march on the city.”

As for the possibilities of a liberal democracy taking root in Egypt, consider Morsi’s statement that “The day will come when the Sharia of the truth is put into effect,” and his pardoning of 25 convicted jihadist leaders.  Morsi has also called for the release of the “Blind Sheikh” Abdul Rahman, who masterminded the first World Trade Center bombing in 1993 that killed 6 people and wounded over a 1000. Just recently a consortium of jihadist outfits have threatened to burn down the American embassy in Cairo and take hostages from the survivors if Rahman and other terrorists held in the U.S. are not released. Morsi has also met with leaders of Hamas, the Muslim Brothers terrorist subsidiary that controls Gaza, and recently travelled to Tehran to forge closer relations with the mullahs’ genocidal regime. Meanwhile, violent assaults on Egypt’s Christian Copts continue, with over 100,000 having fled their homeland since the revolution began. Despite all these red Islamist flags, President Obama has invited Morsi to the White House in September 2012, and is negotiating $1 billion in debt relief for Egypt.

These 11 years of delusion, which have culminated in the Obama administration’s empowering a jihadist regime in the strategically important and most populous Arab state in the Middle East, are the consequence of our continuing failure to understand accurately the motivating religious ideology of the jihadists. We have perpetuated the empirically dubious claim that Muslims like the Ayatollah Khomeini or Osama bin Laden, revered as heroes across the Muslim world, had “highjacked” the noble “religion of peace.” Once again Thomas Friedman provides the best example of this sort of thinking: “Muslims have got to understand that a death cult has taken root in the bosom of their religion, feeding off it like a cancerous tumor.” Friedman’s simile, however, is false. Jihadism is not a diseased “tumor” in Islam, but a vital organ. Jihad is a core Islamic belief copiously documented in the Koran, hadiths, and theological writings, a belief that fueled Islam’s great conquests from the Atlantic to China.

In the coming years, we would do better to heed Sun Tzu’s injunction about knowing our enemy, instead of listening to the numerous apologists and propagandists who separate jihadism from Islam and whitewash the latter’s long history of supremacism, illiberalism, and violence. We need to take seriously the respected theologians and teachers like the Ayatollah Khomeini, the architect of the Iranian jihadist regime who once said, “Islam says: Kill all the unbelievers just as they would kill you all! . . . Islam says: Whatever good there is exists thanks to the sword and the shadow of the sword.” Substitute “nuclear weapons” for “sword” and you’ll see how grievous in the next decade will be the consequences of failing to take our enemy seriously when he tells us what he believes, and then shows us what he will do to honor that belief.

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Article printed from FrontPage Magazine: http://frontpagemag.com
URL to article: http://frontpagemag.com/2012/bruce-thornton/eleven-years-of-the-same-mistake/

Excruciating Beginning to Trial of 9/11 Plotters

By Rick Moran
http://frontpagemag.com/
May 7, 2012


It was supposed to be a routine arraignment — a reading of the charges and entering of pleas by the defendants.

But the hearing before the military commission charged with trying the 5 major 9/11 plotters for crimes ranging from nearly 3,000 counts of murder to terrorism quickly bogged down and became a circus. A legal proceeding that was expected to last about 2 hours became a 13 hour marathon when defense attorneys used a variety of delaying tactics that bordered on the surreal at times, while the defendants ignored the presiding judge, Col. James Pohl, and refused to enter pleas as a protest against what they believe is an “unfair” system. Their pleas were deferred until a later date.

The arraignment, broadcast on closed circuit TV to 4 other military bases, was witnessed by members of the press, military officials, human rights advocates, and six family members who lost loved ones on 9/11. Some family members who spoke to the press after the arraignment were outraged at the cavalier attitude toward the hearing by the terrorists. The untried system of military commissions will no doubt slow the legal process down even more, as defense attorneys explore the limits of their client’s rights. President Obama and Congress amended the system in 2009 and gave the defendants more legal rights while denying some evidence from being presented that was obtained from the prisoners via “enhanced interrogation techniques.” Human rights groups still say the proceedings are unfair and wish the trials to take place in civilian court.

The five accused included the boastful mastermind of the attacks, Khalid Sheikh Mohammed; Ramzi Binalshibh, who allegedly scouted flights schools; Waleed bin Attash, who allegedly ran a terrorist training camp in Afghanistan and researched flight simulators; Mustafa Ahmad al-Hawsawi, who allegedly supplied Western clothing and credit cards, as well as acting as a conduit for money to the hijackers; and Mohammed’s nephew, Ali Abd al-Aziz Ali, who also helped with financing the operation. The crimes committed by the 5 are outlined in an 87-page indictment that includes charges such as “conspiracy, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking or hazarding a vessel or aircraft, and terrorism.”

It became clear that one of the tactics of defense lawyers — both civilian and military — was to put the entire concept of military commissions on trial. In pursuit of this goal, they have filed hundreds of motions challenging every conceivable aspect of the proceedings, leading Col. Pohl to put back the start of the trial until May, 2013.

The cloak of secrecy — necessary to protect counterterrorism methods and confidential informants — is one of the major bones of contention about the commissions pointed to by human rights groups. While evidence obtained from defendants at CIA black sites has been made inadmissible by congressional reforms, some testimony from witnesses who may have been “renditioned” will be accepted. And there will be no mention of alleged mistreatment of the prisoners by their attorneys, although Col. Pohl allowed he will hear motions challenging that matter. Also, as a matter of secrecy, attorneys will not be able to discuss the government’s treatment of their clients while in custody.

Commission critics say that secrecy could still be maintained at a civilian trial — a questionable supposition given the opportunity for the terrorists and their lawyers to wreak havoc under the far more generous protections granted by the Constitution in such a trial. The outrage expressed by both Republicans and Democrats to the Obama administration’s announcement two years ago that Mohammed and his 4 co-conspirators would be tried in New York City caused the Justice Department to beat a hasty retreat and the idea of a civilian trial was dropped.

Prisoners now have access to civilian defense attorneys who specialize in complex death sentence cases — at taxpayer expense. And it was from civilians that most of the posturing and courtroom antics came from. For instance, attorneys for two of the plotters asked that the entire 87-page indictment be read word for word — a right that is granted defendants but is rarely exercised. It took 2 1/2 hours and 6 prosecutors to plow their way through the mind-numbing legalese. At one point, it was thought that all 2,976 names of the 9/11 victims would be read aloud, but prosecutors only mentioned the number of dead without objection.

But that was a small blessing. There were constant interruptions and trivial objections. Binalshibh’s attorney, James Harrington, interrupted the hearing to inform the judge, “My client would prefer to have his name pronounced Bin-al-shib-ah.” Pohl acceded to the request while Binalshibh laid a rug on the floor and began to pray. No attempt was made to stop him.

One female attorney for Mr. bin Attash, Cheryl Bormann, came dressed to the hearing in an abaya, covered head to toe with only her face showing. She suggested that females on the prosection side do likewise, “so that our clients are not forced to not look at the prosecution for fear of committing a sin under their faith,” she said.

The defendants themselves were alternately defiant and disinterested. Mr. Bin Attash had to be brought into the courtroom chained to a wheelchair because he refused to enter voluntarily. They all refused to put on headphones to listen for the simultaneous translation in Arabic, so Col. Pohl ordered the loudspeakers in the courtroom to carry the translation. This slowed the pace of the hearing down even more as the defendant’s lawyers would often speak over the Arabic translation, causing confusion and forcing the translator to repeat. The Guardian referred to the “near-farcical scenes in which the defendants prayed, read the Economist, talked among each other and ignored the judicial events around them.”

At one point during the reading of the charges, Judge Pohl asked Mr. bin Attash’s attorney Capt. Michael Schwartz, who was the attorney who demanded that the charges be read in their entirety, why he wasn’t paying attention. “You are the one who wanted it to be read,” Pohl said. “Your honor, it’s not my right. It is my client’s right,” the lawyer replied.

All of these antics angered many of the family members of 9/11 victims who were granted access to the proceedings at Guantanamo after winning a lottery. Prominent spokesperson for the families, Debra Burlingame, whose brother Charles was a pilot of the plane that crashed into the Pentagon, said, “They’re engaging in jihad in a courtroom.” An emotional statement issued by Eddie Bracken, whose sister died in the World Trade Center, echoed the thoughts of many family members:
“I came a long way to see you, eye to eye. … If you would have this in another country, it would be a different story. They would have given you your wish to meet your maker quicker than you would realize. But this is America, and you deserve a fair and just trial, according to our Constitution, not yours. That’s what separates us Americans from you and your ideology,” he said.

The hearing will continue next month as Judge Pohl will entertain the first of several hundred motions filed by attorneys for the defendants.

Image: Reuters

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The path to bin Laden’s death didn’t start with Obama

By Jose A. Rodriguez Jr.






As we mark the anniversary of Osama bin Laden’s death, President Obama deserves credit for making the right choice on taking out Public Enemy No. 1.

But his administration never would have had the opportunity to do the right thing had it not been for some extraordinary work during the George W. Bush administration. Much of that work has been denigrated by Obama as unproductive and contrary to American principles.

He is wrong on both counts.

Shortly after bin Laden met his maker last spring, courtesy of U.S. Special Forces and intelligence, the administration proudly announced that when Obama took office, getting bin Laden was made a top priority. Many of us who served in senior counterterrorism positions in the Bush administration were left muttering: “Gee, why didn’t we think of that?”

The truth is that getting bin Laden was the top counterterrorism objective for U.S. intelligence since well before the Sept. 11, 2001, attacks. This administration built on work pain­stakingly pursued for many years before Obama was elected — and without this work, Obama administration officials never would have been in a position to authorize the strike on Abbottabad, Pakistan, that resulted in bin Laden’s overdue death.

In 2004, an al-Qaeda terrorist was captured trying to communicate with Abu Musab al-Zarqawi, the leader of the terror organization’s operations in Iraq. That captured terrorist was taken to a secret CIA prison — or “black site” — where, initially, he was uncooperative. After being subjected to some “enhanced interrogation techniques” — techniques authorized by officials at the most senior levels of the U.S. government and that the Justice Department’s Office of Legal Counsel confirmed were consistent with U.S. law — the detainee became compliant. He was not one of the three al-Qaeda operatives who underwent waterboarding, the harshest of the hard measures.

Once this terrorist decided that non-cooperation was a non-starter, he told us many things — including that bin Laden had given up communicating via telephone, radio or Internet, and depended solely on a single courier who went by “Abu Ahmed al-Kuwaiti.” At the time, I was chief of the CIA’s Counterterrorism Center. The fact that bin Laden was relying on a lone courier was a revelation that told me bin Laden had given up day-to-day control of his organization. You can’t run an operation as large, complex and ambitious as al-Qaeda by communicating only every few months. It also told me that capturing him would be even harder than we had thought.

Armed with the pseudonym of bin Laden’s courier, we pressed on. We asked other detainees in our custody if they had ever heard of “al-Kuwaiti.” Khalid Sheik Mohammed, the mastermind of 9/11, reacted in horror when he heard the name. He backed into his cell and vigorously denied ever hearing of the man. We later intercepted communications KSM sent to fellow detainees at the black site, in which he instructed them: “Tell them nothing about the courier!”

In 2005 another senior detainee, Abu Faraj al-Libi, told us that this courier had informed him that Libi had been selected to be al-Qaeda’s No. 3 official. Surely that kind of information is delivered only by highly placed individuals.

A couple of years later, after I became head of the National Clandestine Service, the CIA was able to discover the true name of the courier. Armed with that information, the agency worked relentlessly to locate that man. Finding him eventually led to tracking down and killing bin Laden.

With some trying to turn bin Laden’s death into a campaign talking point for Obama’s reelection, it is useful to remember that the trail to bin Laden started in a CIA black site — all of which Obama ordered closed, forever, on the second full day of his administration — and stemmed from information obtained from hardened terrorists who agreed to tell us some (but not all) of what they knew after undergoing harsh but legal interrogation methods. Obama banned those methods on Jan. 22, 2009.

This past weekend, Sens. Dianne Feinstein and Carl Levin attacked statements made in May 2011 by me, former CIA director Michael Hayden and former attorney general Michael Mukasey regarding what led to bin Laden’s death. They misunderstood and mischaracterized our positions.

No single tactic, technique or approach led to the successful operation against bin Laden. But those who suggest it was all a result of a fresh approach taken after Jan. 20, 2009, are mistaken.