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A Chilling Final Threat from Abu Musab al-Suri: "O' Sleeper Cells, Wake Up Now!"
By Evan Kohlmann
Abu al-Tawab al-Shami--the official spokesman of most wanted Al-Qaida terrorist training camp manager Abu Musab al-Suri (a.k.a. Omar Abdel Hakim, Mustafa Setmariam Nasar)--has confirmed the latter's capture by coalition forces sometime in September 2005. Abu al-Tawab has also made available a final audio message from Abu Musab al-Suri responding to the July 2005 London bombings. During the recording, Abu Musab adamantly denied having played any significant role in the 1995 Paris Metro bombings, the March 2004 Madrid commuter train bombings, nor the most recent London attacks--but conceded to having specifically trained American and British nationals at Al-Qaida camps in Afghanistan to carry out catastrophic terrorist strikes. He further admitted: "I advised the commander of the Armed Islamic Group (GIA) Abu Abdullah Ahmad and his superiorsmay Allah have mercy on their soulsto strike deep inside the French mainland in order to punish her and deter her from supporting the dictatorial military government [in Algeria]... I explained that this would unite the Islamic nation around the jihad in Algeria, just as it had united the Islamic nation around the Afghan jihad against the Soviets. I added that we had a right to strike France and that we were at war[we were not] just playing around. It was about time for our enemies to understand that. This is why I hereby call all the mujahideenregardless of whether they are from Syria, Lebanon or any other placeto strike France immediately. The mujahideen should target French interests wherever they may beincluding the French mainland itself... I hereby call upon the mujahideen in Europe, the mujahideen in other enemy countriesas well as all those who are able to get to these countriesto act quickly and strike Britain, Italy, Holland, Denmark, Germany, Japan, Australia, Russia, France, and all other countries that have a military presence in Iraq, Afghanistan, or the Arabian Peninsula. They must either strike the territory of these countries or targets that are outside of their borders. O sleeper cells, wake up now!"
Click to view English translation c/o Globalterroralert.com
See also: - Globalterroralert.com profile on Abu Musab al-Suri - Video of Abu Musab al-Suri filmed in August 2000
Southeast Asian Wrap-up
By Zachary Abuza
While there was some progress in combating terrorism in Southeast Asia in 2005, a number of low intensity conflicts continued to flare, and have the potential to escalate in 2006. Core grievances have gone unaddressed while the governments continued to focus their efforts on decapitating organizations.
In Indonesia, a bomb was detonated in Palu, the troubled province of Central Sulawesis capital, on 31 December. The bomb, which targeted Christians in a crowded market, killed 6 and wounded 45. It was the latest in a string of sectarian attacks in 2005, that Islamist militias affiliated with Jemaah Islamiyah staged to provoke a return to all out sectarian conflict. The attacks have become more sophisticated and bloody and they have often at times been very sophisticated in their targeting, for example, the assassinations of witnesses in criminal trials against Islamic militants, or events to terrify a community such as the beheadings of three schoolgirls. There has also been a range of violence employed: from assassinations to six bombings that killed 28 and wounded over 100. A spate of arson attacks killed six, while well-coordinated raids on police outposts that killed five police and three civilians. Some 120 IEDs seized in raids.
Indonesian authorities have been bracing for a spate of attacks. Some 35 suicide vests and documents recovered following the death of JIs top bomb-maker Dr. Azahari bin Hussin in October 2005, provided evidence that the group was planning on launching a number of attacks during the busy holiday season. Indonesian authorities believe that Noordin Mohammad Top is planning retaliatory attacks to avenge Azaharis death. Indonesian authorities have also warned that JI may be taking a page out of the Iraqi playbook and may begin a campaign of kidnapping westerners.
In Thailand, the insurgency in the troubled Muslim south has continued. Since January 2004, some 2004 people have been killed. In 2005, alone, 91 police were killed and 151 wounded. Although the government is taking credit for a sharp decline in attacks in December, torrential rains and floods in the troubled region appear to be the key factor. A paucity of arrest of mid and senior-level insurgency have frustrated Thai officials who still have very little understanding of the situation and the organizations involved.
Though unreported in the press, in November 2005, Thai authorities arrested three Muslims from Yala who were in Bangkok conducting surveillance on some 40 potential targets including hotels, malls, the Ministry of Defense, and other locations. While the insurgents have yet to move significantly beyond their home provinces (though recently martial law was declared in two districts of a fourth province), there are indications that they are at the very least considering the option of hitting soft targets in Bangkok or other tourist areas.
In the Philippines, the security situation remained mixed. The Abu Sayyaf continued their path set in 2004, eschewing kidnappings in favor of bonafide terrorist attacks. While the ASG remains a small group, their radicalism and ability to tap into networks of Islamic converts has given Manila cause for concern. While hostilities between the government and the Moro Islamic Liberation Front (MILF) all but ceased and significant progress was made in the peace talks, the MILF continued to give JI and ASG members sanctuary.
Finally, in Malaysia, the United States shut their embassy on 29 December citing only an unspecific but credible threat.
Indonesia Bombing: Jemaah Islamiyah's Christmastime 2005 Attack? (Updated)
By Andrew Cochran
The casualties from a bomb attack outside a shop selling pork in Palu, Indonesia has risen to 7 deaths and 47 injured, according to the Jakarta Post's latest report. Quoting: "Witnesses said the bomb exploded inside the kiosk which was crowded with Christians shopping for the New Years dinner...Opposite the kiosk is the Bethel Church." That is consistent with warnings by Indonesian police and military that Jemaah Islamiyah and other terrorists might target Christians and their churches in Christmastime attacks. The Australian and U.S. embassies issued specific warnings to its citizens against traveling to Indonesia during the holidays. JI terrorists were behind the bombing of at least nine locations across Indonesia on Christmas Eve in 2000, leaving 19 people dead and scores wounded. Here is the AP wire story on the bombing. You can read a FrontPage Magazine online symposium on the jihadists' activities in Indonesia, in which Walid Phares and I participated along with Dr. Rohan Gunaratna and Badrus Sholeh. You can also read expert commentary on JI by Zachary Abuza linked in the Media box and in the Counterterrorim Library, both in the left sidebar.
AP Picture of Bomb Victim (click to enlarge):

DOJ Should Appoint Patrick Fitzgerald to Investigate Two Leaks of Classified Information
By Andrew Cochran
The Justice Department is initiating a second investigation into the leak of classified, terrorism-related information to a news source, this time over the NSA intercept program as initially divulged by the New York Times. DOJ already initiated an investigation into the leak of classified information about a network of secret CIA prisons for suspected terrorists. The disclosures alone could be extremely damaging to the pursuit of terrorists, compromising sensitive sources and methods of investigation without a substantial benefit. DOJ should appoint a special investigator who knows the legal issues surrounding the release of classified information, has an outstanding track record in terrorism investigations, and is respected for his objectivity and integrity. Patrick Fitzgerald fits that description perfectly as a veteran and successful prosecutor in terrorism cases and the investigator of the release of information about ex-CIA spy Valerie Plame, earning recent acclaim from the National Law Journal and other legal scholars (politics aside). EDIT: Kathryn Jean Lopez of NRO deserves credit for suggesting this before I did, although I hadn't read her one-liner on it when I wrote this post.
Steven Emerson: "Split Round" in War on Terrorism in 2005 (updated)
By Andrew Cochran
Appearing on NBC's "Today" program today, Steven Emerson said that the lack of terrorist attacks in the U.S. since the 9/11 attacks is due to a combination of factors, including the investigative and law enforcement activities; plain luck; and the lack of terrorist infrastructure in the U.S. But "U.S. wars" over issues such as the Patriot Act, alleged torture of detainees, the NSA intercept program, and other legal issues, while worthy for debate, are distracting us from the focus on Islamist terrorists, and instead focusing us on perceived threats to our civil liberties. Europe is the new front and will be so in the near future. Once Iraq is dealt with, we will see even more attacks there, and there is no real terrorist command structure there to attack. Self-annointed terrorist "franchise operations" in Europe are the most worrisome development in 2005. In his opinion, this year's final grade is a "split round" - we took out major terrorists leaders, but lost momentum and haven't seized more terrorists' assets.
UPDATE: You can see a clip of his appearance at the Investigative Project website (4.8 MB Windows Media file) and read a full transcript of his appearance below. Steve also appeared on MSNBC today to discuss our effectiveness against terrorism this year (Intelligence Summit video).
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The Today Show, December 30, 2005
MATT LAUER: President Bush calls Iraq the central front on the War on Terror. This year terrorists struck repeatedly there and in spots around the world. But the US still hasn't been hit since 9/11. Is it just good luck or are we winning the war? NBC news analyst Steve Emerson is a terror expert. Steve, good morning to you.
STEVE EMERSON: Good morning and happy birthday to you.
LAUER: Thanks very much. I appreciate it. Let's start with the question I just asked in the introduction: The reason we haven't been struck in this country since 9/11- luck or are we doing everything right?
EMERSON: Both of those, A and B, and probably C and D, C being serendipity and D being the unwillingness of the terrorists to carry out attacks right now because they don't have the infrastructure. Let me add one more thing, Matt. I think that in the set-up that you described initially, I fear we are getting away too far from the War on Terrorism. It's not resonating in our mind. We are now having what I call the U.S. wars. We are now a ways away from the war with Al Qaeda directly and we're immersed in this terribly acrimonious debate about the Patriot Act and the Iraq War, about the issue of secret camps, about the use of wiretaps.
LAUER: You think that's distracting people and basically it's taking our focus away. When we talk about this domestic spying, these warrantless wiretaps, we talk about these secret prisons where terrorist suspects are taken and the Patriot Act itself, you think those are valuable tools. Are you saying we shouldn't be debating those things at home?
EMERSON: No, I do not want to imply that we shouldn't be debating them nor do I want to take away the legitimacy of those who advocate those positions. What I am suggesting is that the debate itself has a natural consequence and that consequence is that we've now focused more on threats to our, quote, "civil liberties" as more of an imminent threat than we do focus of the threat of terrorism and that's a byproduct of all of these internal squabbles that have developed. Now, that's a natural development. I am not positing a moral statement on that. But, the reality is, Matt, that the War on Terrorism will naturally suffer. I am not putting in the war in Iraq in that, because I put that in a separate category. But I think that in terms of arresting people, in terms of identifying the radical Islamic groups overseas and trying to seize their monies, all of that has reached a much more difficult stage in the last four years. It's no longer cherry picking.
LAUER: Let me go on to something, in Europe. London, obviously the scene of the July bombings, 52 people killed there. In 2004 it was Madrid where the bombings took place. Is Europe the new front, the battleground for terrorism?
EMERSON: Without a doubt. This is the new front and will be so for the foreseeable future. With the riots we saw in Paris this past summer, with the fact that there was the major attack on July 7th, the subsequent aborted attack in London three weeks later, arrests in Germany, Italy, Belgium, the assassination of the film maker Theo Van Gogh last year. I think this is the new Al Qaeda battlefront outside of Iraq. Once Iraq is dealt with, we are going to see more attacks develop there and they are not necessarily controlled by any hierarchical command center. And that's the real problem for European intelligence as well as for U.S. intelligence.
LAUER: Some trends we saw developing over the last year- Steve, quickly, if we will-independent franchises, these splinter groups really only associated philosophically with Al Qaeda, female suicide bombers and European converts. Which should we be most concerned about in 2006?
EMERSON: I think the self-anointed franchise operations. Anybody can become a 7/11 chapter of Al Qaeda now. All you have to do is carry out an operation, you become a made member, and then you become a chapter that can attract others. It's very dangerous because you can't predict where it will occur.
LAUER: Just ten seconds left. Bin Laden still at large, obviously, Zawahiri still at large. How did we do in 2005 in terms of rounding up terror leaders, capturing or killing them?
EMERSON: I think if you scored it, it would be a split round at this point- very difficult. We took out two major leaders with predator missiles, but also we lost some in the war, judicially, and we have not been able to seize as much terrorist assets.
LAUER: Steve Emerson, NBC News analyst and terrorism expert. Steve, thanks so much. « Close It
Zarqawi Fulfills Promise, Launches Rockets at Northern Israel
By Evan Kohlmann
In an apparent bid to fulfill a previous vow to strike directly at the "Jewish state", Al-Qaida's Committee in Iraq--led by Abu Musab al-Zarqawi--has claimed responsibility for a Grad rocket attack on civilian communities in northern Israel. According to a statement released today, after "careful planning and intelligence gathering, a group of al-Tawheed lions and Al-Qaida operatives put their faith in Allah and launched a new attack on the Jewish state [with] ten Grad rockets from Muslim territory of Lebanon toward selected targets in the northern part of the Jewish state. After successfully completing their mission, they left the scene unharmed... This blessed attack was carried out by the mujahideen in the name of Mujahid Shaykh Usama Bin Laden, the commander of Al-Qaidamay Allah protect him... With the help of Allah, what is yet to come will be far worse."
Click to view English translation c/o Globalterroralert.com
See also: (11/20/05) - "Al-Qaida Takes Casualties in Iraq -- But Apparently Not Zarqawi" ...at least four commanders from the designated foreign terrorist organization Asbat al-Ansar in southern Lebanon have been killed during intense fighting near the western towns of Al-Qaim and Al-Karabilah." [In January 2005, the United States Treasury Department announced that a member of Zarqawi's Shura Council in Iraq "was assigned by Zarqawi to train members of Asbat al-Ansar in preparing forged documents" and "also brought $10,000 for Abu Muhjin, the leader of Asbat al-Ansar, from Zarqawi."]
(11/11/05) - "Zarqawi's Al-Qaida Faction Offers More Details Behind Amman Suicide Blasts" Al-Qaida's Committee in Iraq--led by Abu Musab al-Zarqawi--has issued a third communique claiming responsibility for Thursday's suicide bombing attacks at three Western hotels in the Jordanian capital Amman... Al-Qaida also renewed its threat to strike directly at neighboring Israel: "Let the Jews realize that their wall that was built to the east of the Jordan river is now a target for the lions of al-Tawheed and soon they [the Jews] will be reached by the mujahideen."
Secret Wiretaps Damaging, Worrisome
By Evan Kohlmann
Adding on the comments of my colleague Victor Comras below, I've also had a chance to weigh in on the issue of secret NSA wiretaps authorized by the Bush administration, care of MSNBC's Hardblogger website. Bypassing the authority of the FISA court requires a weighty and specific justification -- one that has not yet been offered by anyone at the White House. More importantly, this action has politically jeopardized the extension of the critical 2001 USA Patriot Act and -- worse still -- is giving a host of various imprisoned terrorists a narrow shot at challenging their convictions. Bottom line: the sentiment behind the secret wiretaps may have been noble, but the execution was arrogant and bumbling.
The President?s NSA Wiretaps: Unnecessary Problems in the War on Terrorism
By Victor Comras
The New York Times revelation that the NSA has been eavesdropping on US-overseas telephone conversations, without FISAs special oversight procedures, is certain to stir up a legal mess that may take years to straighten out in the courts. FISA created a Foreign Intelligence Surveillance Court (the "FISA Court") made up of federal district judges, to review just such types of surveillance. My colleague Daveed Gartenstein-Ross has pointed out several of the legal arguments the courts are likely to hear regarding this matter. These arguments will not be heard in the abstract. They will be raised, countered, considered and appealed in the context of numerous past, on-going and future terrorism-related cases. The same issues will be aired publicly, in the media and in Congressional hearings. And these issues, and the arguments in these cases, wont go away anytime soon. In fact, they are likely to cause considerable complications and delays in prosecuting and winning these cases. So, the question must be asked: Was the Presidents decision to authorize such NSA wiretaps on his own, arguably on the basis of his own constitutional authority, and without regard to FISA, a mistake? The answer to this question follows, in large part from the answer to another question. Was such unilateral action really necessary?
The President maintains that it was. He argues that the urgent and severe security threat terrorism poses for America requires immediate and close monitoring of those linked with international terrorism. But he has not explained why using the procedures laid out in FISA would have posed any increased risks to our national security. The procedures under FISA allow for such wiretaps. They can begin immediately, when necessary and authorized by the President or his Attorney-General. FISA procedures allow the Administration a grace period of 72 hours (3 days) to report such actions to the Foreign Intelligence Surveillance Court, a special judicial tribunal established by FISA. Each of the justices on that court holds the highest levels of security clearances. The courts only function in such matters is to determine whether there is any basis for carrying on such surveillance. There is no burden of proof on the government. It needs only to explain why it believes there is reasonable cause of suspicion to support the surveillance. The presumptions are in the governments favor. And, even then, if the court ruled against the surveillance the government can continue the surveillance pending an appeal to a special FISA appeals panel that can review the decisions of the Foreign Intelligence Surveillance Court. These are ex-parte proceedings. There is no one arguing the other side: only the justices, whose job is to ensure that the government is acting responsibly. The President has indicated that such surveillance has only been directed against persons known to be in contact with terrorist groups. Certainly that would qualify as sufficient justification for the FISA Court.
Some pundits have questioned the effacacy of the Foreign Intelligence Surveillance Court. But their suggestions that this court might delay or otherwise unduly encumber such national security surveillance is without merit. In fact, the record seems to indicate that the government has, on several ocassions provided the court with "erroneous" information. There is also some confusion over different types of circumstances and warrants that the court is empowered to grant. For a discussion of some of these issues click here.
I refer Blog readers to an interesting essay written for FindLaw by Sherry Colb entitled Why Get A Warrant?: The President's Admission that He Authorized Warrantless Domestic Surveillance. Excerpts are included below:
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For ordinary domestic surveillance, the U.S. Constitution generally requires a warrant supported by probable cause to believe that the target of the surveillance has committed a crime . To carry out electronic surveillance of a U.S. citizen or permanent resident alien, FISA requires that there be "probable cause" to believe that the target is a foreign power or an agent of a foreign power. In reviewing whether to grant a surveillance order, the FISA Court judge defers to the agent seeking the warrant and reviews whether there has been "clear error" in the determination that such probable cause exists. Importantly, the need for a warrant does not -- in either the criminal or the foreign intelligence context -- add anything substantive to the requirements for conducting surveillance. The point of requiring a warrant lies in the incentives that each actor brings to the job of judging whether there is, or is not, sufficient reason to conduct surveillance. In the case of FISA surveillance orders the judge does not insert an additional demand of the evidence -- he simply decides (with more or less deference) whether the officer properly did her job.(The FISA warrant) serves the crucial function of bringing in an arbiter who is more neutral than an executive branch official, to pass on the question of whether a proposed search is justified on the facts.
To find the president's defense of his warrantless surveillance persuasive, we accordingly must accept his claim that seeking a warrant, even under the flexible standards of FISA, is simply too burdensome in an age of terrorism. Such a claim, however, is -- on its face -- unpersuasive. Not every terrorism lead will require immediate action, and if a few hours delay is acceptable, then there should be enough time to obtain a warrant. When immediate action is necessary, moreover, it is possible -- within the confines of FISA -- to act immediately, provided that judicial review is sought within three days. The President has thus far offered no explanation for what sort of threat would preclude the seeking of even an after-the-fact warrant.
When pressed for an answer to such an obvious question, the President invokes national security. He suggests that the only way to survive in an age of terrorism is through secret surveillance with no accountability beyond the executive branch. The problem with such a suggestion is that it is both wrong and dangerous.
The suggestion is wrong because we now know that the problem on September 11th was not the failure to have gathered intelligence. It was the failure to read the intelligence we already had (about flight schools and planned airplane attacks on the World Trade Center towers), to which the administration had ready access. The problem, in other words, was too much -- and poorly organized -- information, rather than not enough. The continuing broad surveillance of U.S. citizens, without oversight, thus promises only to aggravate matters.
The suggestion that terrorism requires warrantless surveillance is dangerous too, because there is no stopping point to the argument that "we're doing everything, regardless of the law, to prevent the loss of life." The argument justifies unprovoked wars, torture, endless invasions of privacy, and the creation of a dictatorship the structure of which might come to resemble that of the very enemies from which the President wishes to protect the people of the United States.
The warrant requirement is a critical component of our democracy. Right now, it ensures that someone outside of the Bush Administration might be in a position to criticize and veto decisions that could be biased, mistaken, and ultimately fatal to the freedom that Bush and his critics alike hold dear. « Close It
Defense Challenges to NSA Wiretaps: Legal Issues
By Daveed Gartenstein-Ross
Yesterday I noted that defense lawyers in some of the country's most important terrorism cases are going to mount challenges based on the recently uncovered NSA warrantless surveillance. In this post, I'm going to provide an overview of the legal issues involved.
The defense lawyers are going to argue that the NSA wiretaps were illegal. When an illegal search takes place, the evidence secured by illegal means cannot be introduced at trial. More important to the defense attorneys, though, is a doctrine known as the "fruit of the poisonous tree," which was first introduced in Silverthorne Lumber Co. v. United States (Supreme Court 1920). This doctrine holds that evidence uncovered as a result of obtaining other evidence illegally will be excluded. Thus, for example, if an illegal wiretap reveals the location of the bomb that a suspect intends to use to blow up the Brooklyn Bridge, then the bomb will also be excluded. The defense attorneys' obvious hope is that a large amount of the evidence against their clients was uncovered as a result of the NSA wiretaps, and thus could be excluded. Defense attorneys can also use this argument to challenge convictions by arguing that illegal evidence was used to obtain the conviction.
The government will have several responses to this argument. First of all, the government will challenge the various defendants' right to make the argument in the first place. Many of the people currently imprisoned for terrorism-related offenses were sentenced pursuant to plea deals in which they waived various rights of appeal. But beyond that, many defendants will not have standing to challenge the NSA wiretaps. The Supreme Court held in Alderman v. United States (1969) that "suppression of the product of a Fourth Amendment violation can be successfully urged only by those whose rights were violated by the search itself, not by those who are aggrieved solely by the introduction of damaging evidence." Thus, only the targets of the NSA wiretaps may challenge them. If an NSA wiretap was directed at Ali Timimi but turned up evidence against his follower Seifullah Chapman, only Timimi -- and not Chapman -- would have standing to challenge it.
The government can also employ the doctrines of independent source and inevitable discovery. Under the doctrine of independent source, evidence won't be excluded when the government learned of the evidence from a source independent of the illegal search. Under the doctrine of inevitable discovery, which the Supreme Court accepted in Nix v. Williams (1984), evidence won't be excluded when the government would have probably discovered it lawfully absent the illegal search.
Ultimately, though, the government's strongest argument is that the NSA wiretaps were legal. While this isn't a settled issue of law, there's a strong argument that because of the president's constitutional authority in the area of foreign affairs, the president may authorize surveillance to obtain foreign intelligence information without obtaining a warrant. United States v. Truong (Fourth Circuit 1980), which was based on a pre-FISA set of facts, held that the president did have this power to conduct warrantless surveillance. Thereafter, in In re Sealed Case (2002), a special court convened to hear FISA appeals noted that Truong and all other courts to decide the issue "held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." Further, In re Sealed Case stated, "We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power." This is a basic point of constitutional law: If a power is derived from the Constitution itself, that power cannot be abridged by statute.
Thus, while the NSA wiretapping controversy has created legal uncertainty in a number of terrorism cases, the government can put forward several powerful responses.
UPDATE, DECEMBER 29, 2005: This area of law can be difficult to penetrate. Thus, I thought two further points regarding the Administration's legal position with respect to Truong could help to clarify matters:
- The Administration will argue that because Truong recognized the president's inherent authority to conduct warrantless surveillance for the purposes of foreign intelligence-gathering, it remains good law even after FISA's enactment because constutitional authority trumps statutory restrictions. (The only way to abridge a power granted to a branch of government by the Constitution is through a constitutional amendment.)
- In re Sealed Case (2002) cites Truong as authority. Since Truong is based on a pre-FISA set of facts, the Administration will argue that In re Sealed Case demonstrates the continuing vitality of this presidential power even after the adoption of FISA.
John Schmidt, who served as the associate attorney general under President Clinton, states that all four appellate courts to consider this issue since 1972 (i.e. three more beside Truong) have recognized the president's inherent authority to conduct warrantless surveillance for the purposes of foreign intelligence-gathering. You can read a description of these cases in Section I of the brief that the DOJ submitted in In re Sealed Case.
(Hat tip for this update to Adam White.)
Defense Lawyers in Terrorism Cases to Challenge NSA Wiretaps
By Daveed Gartenstein-Ross
The December 28 New York Times has an interesting article that adds a new wrinkle to the NSA wiretap controversy: Defense lawyers in some of the most important terrorism cases in the country are going to argue that the NSA used illegal wiretaps against their clients. The Times reports: The lawyers said in interviews that they wanted to learn whether the men were monitored by the agency and, if so, whether the government withheld critical information or misled judges and defense lawyers about how and why the men were singled out. The expected legal challenges, in cases from Florida, Ohio, Oregon and Virginia, add another dimension to the growing controversy over the agency's domestic surveillance program and could jeopardize some of the Bush administration's most important courtroom victories in terror cases, legal analysts say.
The first challenge to the NSA wiretaps is likely to come in Florida as early as next week. The lawyers for two men charged with Jose Padilla are planning to file a motion "to determine if the N.S.A. program was used to gain incriminating information on their clients and their suspected ties to Al Qaeda." And the Times reports that there may also be challenges to the convictions of Ali al-Timimi and some of his followers: In a Virginia case, Edward B. MacMahon Jr., a lawyer for Ali al-Timimi, a Muslim scholar in Alexandria who is serving a life sentence for inciting his young followers to wage war against the United States overseas, said the government's explanation of how it came to suspect Mr. Timimi of terrorism ties never added up in his view. F.B.I. agents were at Mr. Timimi's door days after the Sept. 11 attacks to question him about possible links to terrorism, Mr. MacMahon said, yet the government did not obtain a warrant through the foreign intelligence court to eavesdrop on his conversations until many months later. Mr. MacMahon said he was so skeptical about the timing of the investigation that he questioned the Justice Department about whether some sort of unknown wiretap operation had been conducted on the scholar or his young followers, who were tied to what prosecutors described as a "Virginia jihad" cell. . . . John Zwerling, a lawyer for one of Mr. Timimi's followers, Seifullah Chapman, who is serving a 65-year sentence in federal prison in the case, said he and lawyers for two of the other defendants in the case planned to send a letter to the Justice Department to find out if N.S.A. wiretaps were used against their clients. If the Justice Department declines to give an answer, Mr. Zwerling said, they plan to file a motion in court demanding access to the information.
A federal prosecutor, speaking to the Times anonymously, stated: "If I'm a defense attorney, the first thing I'm going to say in court is, 'This was an illegal wiretap.'" And from the account in the Times, it seems that a large number of defense attorneys -- including in cases that were believed to have been resolved in the government's favor -- are going to say just that. Thus, this latest development adds greater urgency to the question of the NSA wiretaps' legality.
Why Aircraft Matter for Terrorist and Organized Crime
By Douglas Farah
One of the most overlooked elements in combatting terrorism, organize crime and non-state armed groups is the vital role that aircraft play. An AFP story on the use of aircraft by the FARC, AUC and drug traffickers in Colombia illustrate this point. Without aircraft, it would be impossible for these groups to arm themselves and function as they do. The same is true for the wars that have torn apart sub-Saharan Africa, as well as Sudan and elsewhere. If weapons are the lifeblood of these groups, the aircraft are the arteries through which the blood flows.
That is what makes it so dangerous to patronize people like Viktor Bout and allow him to stay in businesss. He may be useful for some things the intelligence communities and militaries of the world increasingly want, as wars and armies-even their core functions-become more privatized. But his planes are also the lifeline of groups, from the Taliban to the FARC and many groups in between, that make the world a more dangerous and less secure place. That is why Peter Hain, the senior British official who chased Bout for years was right when he dubbed Bout "the Merchant of Death." That is what is aircraft routinely carry.
Bout did not rise to prominence because of access to weapons--those connections are relatively easy to come by. He rose to prominence because he has a air fleet bigger than those of many countries, and is willing to rent them to the highest bidder. Go here to read the rest of the blog.
Senior Al-Qaida Operative Reportedly Captured in Saudi Arabia
By Evan Kohlmann
In yet another blow to the floundering Al-Qaida military apparatus in the Kingdom of Saudi Arabia, local security forces have captured Mohammed al-Suwailmi--a most wanted terrorist operative who was incorrectly reported killed in clashes in the eastern Saudi city of Dammam during early September 2005. Following the September battles in Dammam, al-Suwailmi released a defiant audio recording on the Internet--taking pains to thank Abu Musab al-Zarqawi for his ongoing support of Al-Qaida's activities in the Saudi kingdom: We have witnessed how all our enemies have united together against this small fighting unit and only a small minority amongst the Muslims have stood alongside the mujahideen... The mujahideen will never forget the group of the faithful who stood beside them and supported them. They will always remember that favor and will ask Allah to grant them forgiveness. Among those is my mujahid brother Abu Musab al-Zarqawimay Allah protect him and use him to spread frustration amongst his enemies. [Abu Musab] did not hesitate even for a second to support and assist the mujahideen in [Saudi Arabia]. I ask Allah to grant victory upon him and his brothers in Mesopotamia and to grant honor and dignity upon Islam.
See also: [CT BLOG] Al-Qaida in Saudi Arabia Responds to Counterterrorism Raids in Dammam (9/16/05)
GSPC Claims Bomb Attack on Algerian Naval Vessels
By Evan Kohlmann
The Algerian Salafist Group for Prayer and Combat (GSPC)--a known Al-Qaida affiliate group active in North Africa--has released a new communique claiming credit for a December 22 twin bombing attack on Algerian naval vessels in the port of Dellys east of the capital Algiers. According to the statement, "[t]hanks to precise intelligence that was gathered on a coast guard shipand despite the heightened security measures that were put in place in the vicinity of the portthe courageous mujahideen succeeded in sneaking into the port using their own special means, no doubt with the blessing of Allah. The mujahideen proceeded to plant two bombs inside the port. The mujahideen quickly set off the first device against the evil tyrants as soon as the warship approached it. When a second group [of infidels] neared the scene in order to help the wounded and recover the victims, the mujahideen set off their second device."
Click to view English translation c/o Globalterroralert.com
Yemeni Al-Qaida Operative "Martyred" in Iraq After Failed Effort to Travel to Afghanistan
By Evan Kohlmann
Al-Qaida's Committee in Iraq--led by Abu Musab al-Zarqawi--has released yet a new edition in its ongoing "Distinguished Martyrs" propaganda series, this time paying homage to "Abu Tarek al-Yemeni" (originally from Yemen). Allegedly, Abu Tarek attended several Al-Qaida terrorist training camps setup inside Iraq, including one facility known as the "Rawa base." Yet, according to Al-Qaida, Abu Tarek eagerly sought to continue his jihad beyond the mere borders of Mesopotamia: "[W]hile [Abu Tarek]'s body was physically in Iraq, his heart was in Afghanistan. Along with several other brothers, al-Yemeni constantly insisted on going there. The necessary arrangements and preparations were made and they began their long and strenuous journey. There was a point on the border between Iran and Kurdistan where we had no other choice but to run across at night. With the exception of an overweight Kuwaiti brother, all members of the group quickly made their way across the border. Our friend [Abu Tarek al-Yemeni] rushed back to help the [Kuwaiti] brother and push him along as he ran. However, it was Allahs desire for them both to be captured by the [Kurdish] Peshmerga scum."
According to Al-Qaida, Abu Tarek was able to escape from enemy custody on two separate occasions before his eventual death--first, by violently attacking his Kurdish Peshmerga guards, and then later by deceiving American military interrogators into believing that he was a native Iraqi national and not actually a foreign fighter. Nonetheless, Abu Tarek was reportedly killed in a subsequent U.S. airstrike after he helped lead a major Al-Qaida military operation in the restive Iraqi city of Baqubah.
Click to view English translation c/o Globalterroralert.com
*UPDATE*: A respected colleague has directed my attention to the following June 2003 New York Times report that further discusses the Rawa training camp attended by Abu Tarek al-Yemeni, and the early role of the camp in mobilizing foreign fighters in Iraq. (Thanks, J.L.!) "New evidence about the role of foreign fighters, including passports and other documents, was gathered after the American air and ground attack last week on a militant camp at Rawa, about 150 miles northwest of Baghdad. According to American military commanders, two wounded foreigners were also captured--a Saudi and a Syrian. American officials said the two captives had told them that they were offered money to come to Iraq and kill American soldiers... The strike on the Rawa camp... appears to have been a site where foreign and Iraqi fighters trained for attacks on Americans. American officials estimated that there were almost 70 fighters at the camp before the attack. Some foreigners were trying to get there from Syria when the raid occurred, an official said... The camp was pummeled by satellite-guided bombs and attacked by an AC-130 gunship. Most of the fighters were literally ripped apart by the blasts, American military officials say, making it difficult to determine how many were there in the first place. An Army Ranger was wounded in the attack, the only American casualty in the raid. An American Apache helicopter was also shot down, an indication of the ferocity of the resistance."
Target: White House
By Evan Kohlmann
My colleague James Meek at the New York Daily News has published an interesting piece on senior Al-Qaida leader Abu Faraj al-Libi (described by some as the successor to 9/11-mastermind Khalid Sheikh Mohammed) who was captured in Pakistan last spring. According to two law enforcement sources interviewed in Pakistan and the United States, Abu Faraj was actively endeavoring to assassinate President George Bush "in the White House, preferably." A "senior U.S. counterterrorism official" confirmed to Meek, "It was clearly something they wanted to do. There's no question about that. It's the holy grail of jihad."
Indeed, Abu Faraj is by no means the only Al-Qaida commander who has coveted President Bush and the White House as a primary target. During his 2003 interrogation by Saudi security forces, convicted American Al-Qaida operative Ahmed Omar Abu Ali admitted that top Saudi Al-Qaida leaders talk[ed] to me about killing Bush one time and another time about [suicide hijacking] operations by planes that take off from Britain and Australia that transit America. This way, the passenger will not need an American visa. The plane would then crash in America. Specifically, in order to kill President Bush, Abu Ali would use either snipers or "martyrdom" volunteers dispatched to him by Ali al-Faqasi.
More recently, Zarqawi's Al-Qaida faction in Iraq celebrated the "martyrdom" of a Saudi Arabian suicide bomber in Iraq who was encouraged by specific religious "visions" he had experienced: "Abu Naim [al-Najdi]the first martyrenvisioned himself leaving his house, with his sister asking, Where are you going. [In his vision, Abu Naim] replied, Im going to teach America a lesson that it will never forget. He then boarded an airplane and when he observed the World Trade Center, he said to himself [in his vision], I will crash this plane straight into the White House."
Patriot Act Extended by Congress (updated with title change)
By Andrew Cochran
The U.S. House approved an extension of the current USA Patriot Act only through February 3, 2006, not to July, as the U.S. Senate approved yesterday. The Senate approved the one-month extension tonight, and President Bush will sign it. Here is the statement issued by House Judiciary Committee Chairman Sensenbrenner tonight upon passage by the House:
"Eight days ago, a bipartisan majority of the House, including 44 Democrats, voted for the PATRIOT Act conference report. Last night, the Senate ignored the will of the bipartisan majority of the House, a majority of the PATRIOT Act House-Senate conferees, and a clear majority of Senators by failing to consider the PATRIOT Act conference report. Instead, the Senate chose to punt the issue to next year by passing a six-month extension of the PATRIOT Act that contains none of the important civil liberties safeguards carefully negotiated by House and Senate conferees and included in the PATRIOT Act conference report.
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"A key reason given for agreeing to last night's Senate deal was that Senators needed more time to fully debate the conference report. Today, the House addressed this concern by passing an extension of the PATRIOT Act until February 3, 2006. I'm pleased today's House passage and the Senate's expected passage later today of this five-week extension will give the Senate enough time to fully debate and consider the conference report.
"I will take Democratic Senators at their word that they do not want the PATRIOT Act to expire, Senator Reid's boast of 'killing the PATRIOT Act,' notwithstanding. I also hope Democratic Senators will evaluate this vital national security issue on its merits, and not view it as a Washington power struggle, as evidenced by Senator Feingold's comment yesterday, 'They lost the game of chicken.' The security of the American people must not be held hostage to the partisan brinksmanship of a minority of obstructionist Senators. It is imperative that the House-passed PATRIOT Act conference report be considered and passed by the Senate in a timely manner to ensure that our Nation's law enforcement and intelligence communities are provided the tools necessary to detect and defeat terrorist threats." « Close It
LEBANON: CANDIDATE FOR TERRORIST LIST?
By Michael Kraft
by Michael Kraft
The Lebanese Governments stonewalling attitude in protecting the Lebanese convicted murderer of an American sailor during the TWA 847 hijacking should prompt the U.S. Government to consider placing Lebanon on the State Departments list of state supporters of terrorism.
This is the time of the year that the State Department traditionally reviews the terrorist list while preparing its annual international terrorism report to Congress at the end of April.
Lebanon provides sanctuary to a number of terrorists sought by the United States, as well as allowing terrorist groups to operate from its soil.
Mohammad Ali Hamadi, who was released last week from a German jail after serving nearly 19 years for the killing of Robert Stethem during 1985 airline hijacking, flew back to Lebanon last week. According to press reports, he was briefly detained in Lebanon and then released.
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The Beirut Daily Star reported that the Lebanese government has criticized the U.S. demand that Lebanon hand over Hamadi. "Originally they [the U.S. government] could have requested that Germany hand him over. Why are they asking us?" Prime Minister Fouad Siniora was quoted as telling reporters Wednesday. The Prime Minister should know better.
In fact the U.S. had repeatedly asked Germany to extradite Hamadi, ever since he was arrested in 1987 while trying to enter Germany. We approached the Germans again recently when he was coming up for parole hearings in January. However the Germans quietly released him last week in what had the earmarks of a deal to obtain the release of a German archeologist who was kidnapped in Iraq. (See my Dec. 21 item)
Providing terrorists with sanctuary from prosecution or extradition is one of the grounds the Secretary of State can use for formally designating a country as one that has repeatedly provided support for acts of international terrorism. This is one of the illustrative criteria that the Secretary of State can use in making the determination. Another criteria is providing safe houses or headquarters.
These criteria arguably apply to Lebanon.
A number of terrorist groups, such as Hezbollah and the PFLP, have long enjoyed the ability to operate from Lebanese territory. The U.S. has long been seeking a number of terrorists who were also involved in the TWA 847 hijacking. The U.S. also wants to bring to justice those who kidnapped and killed American hostages during the 1980s and blew up the Marine Barracks and U.S. Embassy in Beirut.
The criteria are outlined in both the Senate and House Congressional Report language that accompanied the Anti-Terrorism and Arms Export Amendments Act of 1989 (Pub. Law 101-222.) That legislation codified the original 1979 Export Administration Acts terrorism list provisions and laid out procedures for adding or removing a country from the terrorism list.
(Bit of History: Both pieces of Legislation were partly prompted by events in Lebanon. The Export Administration Acts (EAA) controls over export of dual use items to designated terrorist list countries was fueled in part by the Commerce Departments approval of export licenses to Syria for C-130 aircraft despite Syrias shelling of the Christian sections of Beirut during the Lebanese civilian war. The 1989 revisions reflected Congressional reaction to the Reagan administrations removal of Iraq from the terrorist list several years earlier without advance consultations and Ollie Norths illegal shipments of missiles to Iran to help release Americans held hostage by Iranian allies in Lebanon. I was involved in drafting both laws, the EAA as a Congressional staffer and the 1989 legislation while in the State Department)
Designation of a country as a state sponsor triggers a half dozen economic sanctions, such as suspension of economic and military aid, tighter controls over the export of dual-use equipment that can be used to support military or terrorist activities, and denial of tax credits for American companies or individuals doing business in the designated countrya disincentive to investment.
U.S. foreign assistance legislation also authorizes the President to suspend economic assistance to a country that supports terrorism by providing sanctuary, even if the country is not formally designated on the terrorism list.
Lebanon has enjoyed a pass on the terrorist list designations because the State Department concluded that the Bakka Valleyarea, where most of the terrorists were and still are based, was under Syrian control. But now that Syria is largely out of Lebanon, that productive rationale has lost its validity.
Nobody really wants to punish Lebanon, a country which has had it share of difficulties, including its relations with Syria and Hezbollahs cross border attacks on Israel to bolster the groups domestic political activities. Lebanon is generally regarded as a friendly country and has received a considerable amount of assistance from the U.S.
But issuing statements from the State Department podium or sending demarches that the U.S. wants Hamadi is not enough.
The Lebanese government should be made aware that it is vulnerable to U.S counterterrorism laws and possible economic sanctions if it continues to harbor terrorists who killed Americans in cold blood.
After all, it was President Bush who once said you are either with us or against us. « Close It
GSPC in Algeria Mourns Death of Saudi Arabian Al-Qaida Commander in Chechnya
By Evan Kohlmann
The Algerian Salafist Group for Prayer and Combat (GSPC)--a known Al-Qaida-affiliate group active in North Africa--has issued a statement on behalf of its leader Abu Musab Abdel Wadoud mourning the loss of slain Saudi Arabian Al-Qaida commander Abu Omar al-Saif during combat operations with Russian forces in the Caucasus. According to Abu Musab Abdel Wadoud: "We are sorry to hear that such a great mujahid and distinguished personality has been lost. It is unfortunate that, precisely during these times of hardship, the Islamic nation has lost a distinguished leader of dawah and jihad... There are few like Abu Omar al-Saif, and we will definitely miss him... Our movement would like to point out that killing our commanders and leaders will only make us more determined to continue waging our blessed jihad... With Allahs blessing, the Islamic nation that has already produced such great commanders as Ibn-ul-Khattab, Abu al-Walid [al-Ghamdi], Abu Omar al-Saif, and others will also give rise to their successors."
See also: - Sawt al-Qoqaz confirms death of commander Abu Omar al-Saif - CT Blog - Senior Saudi Al-Qaida Member Sets Off Suicide Blast in Dagestan - CT Blog - Interview with top GSPC commander in Algeria - US News - "The Mutating Threat: Why U.S. officials worry about a group you've never heard of."
The Media, the NSA and the PATRIOT Act
By Dennis Lormel
A former FBI collegue of mine, Clint Van Zandt, wrote the commentary set forth below. It offers a thoughtful, well articulated perspective about the PATRIOT Act and issues concerning our civil liberties and national security.
The media, the NSA and the Patriot Act
Former FBI Profiler Van Zandt shares his thoughts on privacy and security
COMMENTARY
By Clint Van Zandt
MSNBC analyst & former FBI profiler
Updated: 4:28 p.m. ET Dec. 20, 2005
Does the National Security Agency (NSA), also known as "No Such Agency," listen in on your every telephone call and track you every time you use the Internet? Does the FBI use the Patriot Act to find out what library books you check out? Both of these allegations could not be further from the truth. But were you to get your news from only certain elements of the media, you might believe them.
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In the world of the blind, the one-eyed man is king. And in the world of media, who gets it out first gets to spin it any which way they want. Sen. John Cornyn (R-Texas) accused The New York Times, a newspaper that's had its share of problems lately, with timing the release of accusations about the Bush administration's use of the NSA to spy on the communications of U.S. citizens with the release of a book related to this topic by one of its reporters. Further, Cornyn suggested that the NYT might be trying to sabotage hearings by Congress concerning the renewal of certain provisions of the Patriot Act.
The Patriot Act
The Patriot Act was enacted by Congress after the 9/11/2001 attack on America. Its intent was to provide the FBI and other law enforcement agencies with expanded investigative powers to root out and stop future acts of terrorism on U.S. soil and against U.S. interests. Section 215 of this Act expanded the scope of records that could be obtained by such agencies. Organizations such as the ACLU may speculate that the FBI would use this power to spy on people who criticize the current or future administrations in a manner that somehow offends either the FBI or the seated administration. Further, they argue, Section 215 could be used to allow its FBI Agents to look over the shoulder of anyone checking out a library book to see what they're reading. The ACLU thinks that the government would perhaps use such information to somehow attack an innocent person going about their constitutionally protected daily activities who had no overt intent to harm our country.
First and foremost, know that there are specific prohibitions that will not allow such investigations to identify critics of this or any other administration by virtue of any such investigation. But do terrorists actually sneak into public libraries to use the local Internet connection to conduct their nefarious activities? No, they simply walk in, sit down, and use library computers without even looking over their shoulder, as they have learned this is a way to reach other terrorists without a direct connection to their own computer or home address. Does the FBI care if you are accessing, for example, adult pornographic Internet sites from your local library? No. Does it care if you're a suspected terrorist attempting to communicate to another known or suspected terrorist by defeating our government's electronic surveillance techniques while hiding behind the Internet computer desk in a library? Of course it does. What media and other critics have conveniently forgotten to tell the American public is that since the enactment of the Patriot Act none of the 35 or so Section 215 orders have been directed at libraries. So if there has been judicious use of this Act to date, and if only one section of the Act pertains to libraries, and if it has been proven that terrorists use the library to conduct criminal activities against the U.S., why not extend this provision of the Act?
I'm the first to admit that any law or act can be subverted by those who are sworn to uphold the law. Are there overzealous federal investigators or even rogue agents that could use this Act or any law illegally? Possibly. They are human, and subject to human frailty. Take the issue of "sneak and peep" searches, secret searches conducted by federal agents authorized by equally secret court orders that allow such agents to legally search your property and not tell you about the search. Are federal agents likely to use this law to break into the homes of ordinary law abiding Americans because they for some reason just what to "get us?" Or will they use the law selectively to find and stop terrorists without giving the terrorist and terroristic organizations an edge by revealing that they're actively looking at them? Remember, the search must still be authorized by a court upon the law enforcement agency providing probable cause that there is a legitimate reason, first to conduct a search, and, second, to keep it secret for at least 30 days before telling the person whose property was searched about it. If they're wrong or if they use this power indiscriminately, sue them, charge them criminally, indict them and convict them, just like any other person who violates the law. But don't allow today's devastating partisan politics or a newspaper's desire to be first with a story or sell books to be used as a weapon against the American people, a weapon that aids and supports those who would kill us were we to give them the chance. Any information you give your enemy about how you investigate them will be used against you and your fellow citizens. That's the one "law" that terrorists will always respect.
NSA
The NSA has been in business since the early 1950's, first signed off on by then President Harry "the buck stops here" Truman. It finds it roots in the code breakers of WWII that broke the Japanese and the German codes, thereby saving thousands of lives and probably insuring our victory in World War II. It is one of the more secretive organizations in the world. With a budget larger than either the FBI or CIA and with thousands of employees in the U.S. and overseas, the NSA is charged with collecting and analyzing signals intelligence, spy talk for telephone, radio, Internet, and other means of communications from around the world. NSA is rumored to have more Ph.D. mathematicians than any other agency in the world, with their employees working with supercomputers that would make the CIA or NASA drool. Many of our closest allies, including Britain, Australia, Canada, and other countries around the world have similar agencies in their countries that perform similar duties, and, in fact, that may share information with the NSA.
For years it was understood that the CIA collected intelligence outside the U.S. and the FBI performed a similar task within the U.S. 9/11 changed all that. These two, and other, intelligence agencies have been forced to share the same bed, and to share their toys and their information, in order to prevent another 9/11. NSA is prohibited from intercepting or collecting information about U.S. persons, companies, or organizations without legal permission from the U.S. Attorney General. In a recent media disclosure, it was reported that in support of the war on terrorism, the President had authorized, with the knowledge of some in both political parities, NSA to conduct warrantless phone taps on people in America placing calls to people outside the U.S., to places like Afghanistan.
In its articles criticizing Bush's use of the NSA, the Times patted itself on the back by stating that "'some' information [from the Times article] that administration officials argued could be useful to terrorists had been omitted)." (What about the rest?) The Times confirmed what most terrorists and supporters of such individuals suspected anyway, that the FBI, CIA, NSA, and other similar three letter organizations were taking a serious look at them in every way they could. Congress and many in the media took it upon themselves to criticize these same agencies for allowing 9/11 to happen in the first place.
For example, what about those Middle Eastern men taking flying lessons in the U.S. Why weren't the feds all over them at the time? These agencies are left to protest that to have conducted such investigations on such men prior to 9/11 would have brought criticism from these same officials for discriminating against our Middle Eastern brethren who were then simply Saudis learning to fly 727s.
Well, it's four years and three-plus months since 9/11. Although al-Qaida and other of its murdering offshoots have attempted to mount a successful attack in this country, none have succeeded to date, much to the credit of our intelligence and law enforcement agencies across all levels of government. A federal agent on the U.S.-Canadian border caught a terrorist coming across into America who planned to attack a west coast city. Iyman Faris, a naturalized U.S. citizen, plead guilty to planning an attack on the Brooklyn Bridge. Faris' activities were identified through investigations which included electronic monitoring of communications, i.e., the type of work the NSA does, and on and on - many identified by electronic monitoring, most of which we'll never hear about.
The newspaper report also suggests that in 2002 the President authorized the NSA to review calls and other communications made from the U.S. to persons outside the U.S. as part of ongoing anti-terror investigations. The President defends his actions as part of his mandate to prevent a reoccurrence of the events of 9/11, something that most citizens apparently want him to prevent. The balance is protecting us without taking away our constitutional rights and protections.
It's like the 1,000 pound flower pots in front of many buildings in Washington, D.C. and across the country. They are there to prevent suicide truck bombers from driving into the lobbies of such buildings and bringing these buildings to the ground. To protect the buildings and their occupants, we've had to give up the ease of access that we once enjoyed. The public is left to judge if the increased security is worth the increased restrictions that such laws and protections require.
In the case of the Patriot Act, 16 provisions of this Act will expire on Dec. 31. Most people believe that our government, including the FBI and the CIA, was not up to the task of fighting terrorism prior to 9/11. We had holes in our security, holes that the Patriot Act helped to plug. The Patriot Act allowed the wall between law enforcement agencies and intelligence agencies to be torn down. Now information in the possession of the CIA concerning a suspected terrorist can be shared with the FBI to prevent an act of terrorism in this country. This makes sense to me. I remember as an FBI Agent when I was forbidden from keeping a copy of a newspaper article in an FBI file - it was against the rules.
With the rolling wire tap provision of the Patriot Act, the FBI can now keep up with the technology of terrorists, potential killers who change phones constantly to avoid detection. We've provided similar legal assistance to the investigation of drug violations and organized crime; why not apply these same tools to (organized) terrorism? Note that there has not been one, not one substantiated allegation of abuse of this Act to date, notwithstanding the many attacks on the Act by some in the media and others in this country.
It's the 21st century and America and its law enforcement and intelligence agencies must use every tool at their disposal to legally fight against those who would willingly destroy our citizens and our very way of life. As a Sergeant with the U.S. Army's 101st Airborne Division serving in Iraq recently wrote home in a letter, "Freedom. One word but yet countless words could never capture its true meaning or power. For those who have fought for it, freedom has a taste the protected will never know. The biggest outcries of opposition to our cause are from those who have had no military experience and have not had to fight for freedom." This young soldier and patriot knows what it is to lay it all on the line to protect the freedoms so many of us take for granted. We get this same level of dedication and protection from our law enforcement and intelligence agencies in the war on terrorism.
There is no massive conspiracy against the American people by the men and women of these agencies, no black helicopters circling overhead waiting to pounce on the innocent to tear our freedoms from our hands. We live in a dangerous world and as the soldier from the 101st Airborne writes, we must fight to keep our freedoms. The continued balance is between what's necessary and what's excessive, and this shouldn't be decided by a newspaper article. That is a decision for our citizens to make as we ponder what level of safety and security we want balanced against the level of intrusion that we will allow in our lives and activities. And no, unfortunately there's not an FBI or CIA Agent behind every mailbox or in every library. They're too busy trying to stop another 9/11. Let's give them the tools they need to do their job while not violating the view of Benjamin Franklin when he said, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." I wonder what old Ben would have said about today's "ben," Osama ben Laden, and his murderous organization. How would Franklin have us obtain safety from this new type of threat while still protecting our liberty? « Close It
An Islamist at Johns Hopkins and then US Congress
By Olivier Guitta
I just wrote an article for Front Page Magazine about a Moroccan Islamist currently studying at John Hopkins on his way to training at the US Congress and the Canadian Parliament.
Here is an excerpt:
A 32-YEAR-OLD MOROCCAN INTELLECTUAL has been selected by John Hopkins University to study political science for one year at the university's prestigious School of Advanced International Studies, after which he will receive further training at the U.S. Congress and the Canadian Parliament. Mustafa El Khalfi was chosen from a pool of hundreds of candidates from more than 20 countries and, interestingly enough, he is the first Moroccan so honored since Hopkins began this program in 1953. (He is also a visiting scholar at the Carnegie Endowment for International Peace.)
El Khalfi's background is colorful. At the age of 15 he joined the Islamist party Jama Islamiya. He was a brilliant student, earning an undergraduate degree in physics and a masters in political science. In 2003 he attended a program in Oxford similar to the one he is now part of at Hopkins. Before being chosen by the Hopkins program, he was the editor-in-chief of the main Islamist Moroccan publication At-Tajdid which means renewal. At-Tajdid is the paper of the largest Moroccan Islamist party, the PJD (Parti de la Justice et du Developement) and has a certain measure of notoriety. For instance, At-Tajdid was among the first papers in the world to explain last year's horrific tsunami by pointing out that the affected Asian countries were corrupt and that the tsunami was a consequence not following the true course of Islam. Later in the piece, At-Tajdid implied that the same punishment might be in the works Morocco because of the lack of respect Islam was shown by Moroccan society. When later pressed about this line of analysis, El Khalfi answered, Regarding the tsunami, only God knows the truth.
GERMAN RELEASE OF TERRORIST REVIVES MEMORIES OF GERMAN AND MEDIA WEAKNESSES
By Michael Kraft
by Michael Kraft
Germanys secret release of a Lebanese Hezbollah terrorist convicted of killing a U.S. Navy diver during the 1985 hijacking of TWA 847 revives memories of past German deals with terrorist and their supporters. The 17- day hijacking ordeal also had touched off a great deal of teeth gnashing about the role of the media in dealing with ongoing terrorist situations.
The long sorry saga, which I saw evolve while working in the State Department Counterterrorism Office, is a forerunner of some of the terrorist-related problems we still face today.
On Tuesday, German court officials confirmed that they had released Mohammed Ali Hamadi, who had been given a life sentence for killing Robert Stethem, a Navy diver from Maryland's Eastern Shore. The young Navy man had been beaten and then shot and dumped on the Beirut airport runway after TWA 847 was hijacked by a group of terrorists on JUne 14 while it was flying from Athens to Rome.
German government officials denied that the releasewhich took place Thursdayhad anything to with the release this weekend of a German archeologist, Susanne Osthoff, who was taken captive in Iraq three weeks ago.
But as the German press agency, DPA said in its story yesterday, the timing has raised uncomfortable questions.
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Indeed. Hamadi was eligible for parole in January after 19 years in prison but was released several weeks early. A spokeswoman for the Frankfurt prosecutors office was quoted by the New York Times
as "explaining" the release by saying Everything was OK with him the prison evaluation, the psychologists and the prosecutors. This does not explain however why he had to be released, especially at a time when Hezbollah, a terrorist organization, is still causing problems in the Middle East by trying to inflame the Israeli-Palestinian conflict and complicating Lebanese politics. And of course things are not OK with Stethems poor family, which has been suffering for 20 years because of the hijacking and murder.
The Germans denied that the U.S sought extradition, but this is not true.
I know that after of Hamadi was arrested while entering Germany, the U.S. vigorously sought Hamadas extradition to the U.S. The Reagan Administration Justice Department even told the Germans that it would waive the death sentence if Hamadi was convicted in U.S. courts.
And State Department Spokesman Sean McCormack said Tuesday that the U.S. still wanted to try Hamadi, that they would attempt to bring him to the U.S. (Hamadi is reported to be in Lebanon and this could raise some interesting issues with the Lebanese government, which has declined in the past to turn over to the U.S. some terrorist suspects involved in attacks on Americans.) The New York Times reported that American officials had sought discussions with Germany before Hamadi came up for a parole hearing in January but Hamadi was released and flew to Lebanon last Thursday before any agreement was reached.
Back in 1987 after Hamadi was arrested pursuant to an INTERPOL alert when he entered Germany with explosives in his luggage and the German government refused to extradite him, opposition to the death penalty was only one factor. Two German businessmen were being held hostage at the time in Lebanon as part of the Hezbollahs kidnapping campaign to force western governments to pressure Kuwait to release two Lebanese linked to Hezbollah who were jailed along with 15 other Dawa terrorist group members for the bombing attacks on the US and French embassies and Kuwait government buildings in Kuwait in 1982. Kuwait at the time was supporting Iraq in the Iraq-Iran war.
The U.S.Government, unable to budge the Germans on extradition, then provided assistance to the German investigators and hired a German lawyer to participate in the proceedings.
The U.S. Governments fears at the time that Germans would ultimately let Hamadi slip out were not unfounded. They stemmed from Germanys past history of giving in to terrorist demands. During the heyday of the Red Army Faction, a pro-Marxist group, the Germans repeatedly gave in to the kidnappings and released RAF prisoners. The practice stopped, or at least was suspended, when the terrorists kidnapped and killed one too many prominent figures and the German government finally decided not to give in. The Germans also released three of the 1972 Munich massacre Black September terrorists in another hostage exchange deal after a German Lufthansa jet was hijacked.
Lets make a deal was part of the German approach in other ways too. Germany rejected US efforts to develop a multilateral economic sanctions regime against Iraq, Iran, Libya and other states that supported international terrorists, even though some of the operations by those countries took place on German soil. Germany, along with the Soviet Union and France, enjoyed lucrative contracts with Saddam Husseins Iraq as well as Iran. It is more than a coincidence that these countries were the biggest opponents of increasing economic pressures on Iraq before the Bush Administration, rightly or wrongly, concluded that the UN Inspectors regime was crumbling under the European sanctions fatigue and proceeded to invade Iraq.
The hostage taking in Lebanon during the 1980s led to a number of deals, including the notorious Ollie North deal to provide TOW missiles to Iran as a back door approach to obtaining the release of Americans held hostage despite official US policy against rewarding terrorists. As one of my colleagues, a Middle East expert noted, it was a hostage bank with a revolving door the Lebanese terrorists released one hostage then soon took another. The hostage taking ended after Saddam Husseins invasion of Kuwait, when the two Lebanese escaped from their Kuwait jail.
Now we are seeing a replay of the hostage situation in Iraq, although the hostage takers appear to be more diverse, and some are motivated primarily by money as well as a desire to kill foreigners or pressure their governments to withdraw troops or contractors from Iraq.
The TWA hijacking also was forerunner of some familiar media issues. What is the responsibility of the press to avoid disclosing information to terrorists during an on- going event, and how should the media avoid being exploited by the terrorists?
After TWA 847 was hijacked following its departure from Athens, it landed in Algiers. The State Department made a furious effort to keep the plane grounded there. I saw some of the events unfold while serving on the State Departments Task Force that was established in the Operations Center, having newly arrived in the State Department from the Senate Foreign Relations Committee Middle East Subcommittee. I remember Ambassador Robert Oakley, then the State Department Coordinator for Counterterrorism, energetically working the phones, trying to get the Red Cross to the Algiers airport to help obtain the release of the captives and keep the plane on the ground. He and other officials were desperately trying to keep the plane in Algiers because they knew that if the plane made it to Beirut, the terrorists would get away.
The plane was in Algiers two days. But then the Associated Press, apparently tipped to the very visible departure of military C-130 transport planes from |