This past week, British Prime Minister Gordon Brown found himself
answering questions about a terrorist suspect held at the detention
facility in Guantánamo Bay, Cuba. The detainee, Binyam Mohamed, has
become something of a martyr in Brown's nation. Daily press reports
recount the horrible torture he allegedly endured while in U.S.,
Moroccan, and Pakistani custody. According to these accounts, the
British government has refused to release evidence demonstrating that
American and British intelligence officials were complicit in, if not
culpable for, Mohamed's abuse.
The outrage over Mohamed's detention was fanned earlier this month
when the British High Court denied a petition seeking the release of
classified documents detailing his case. The petition had been filed by
news outlets such as the New York Times and the Associated Press,
acting at the urging of Mohamed's civilian attorney and human rights
groups. All of these parties believe that the classified U.S.
intelligence documents, which were shared with the British government,
verify Mohamed's allegations of torture. Two judges from the High Court
denied the petition, however, citing a threat by U.S. authorities to
cut off vital intelligence cooperation if the United Kingdom released
the classified documents without American acquiescence.
This, in turn, prompted widespread claims of a cover up. The
controversy became so intense that Prime Minister Brown had to publicly
refute the charge. "I assure you that we have done everything by the
law," Brown said during a news conference at Downing Street on February
18. "We operate our intelligence services in the same way as every
country around the world operates their intelligence services - that
there's a mutual sharing of information based on trust. When that trust
is disrupted or removed, then the services cannot work in the way that
they want to work."
"I can assure you there is no cover up whatsoever," Brown insisted.
But the imbroglio did not end there. Press accounts have highlighted
the British government's desire to have Mohamed turned over to British
custody as soon as possible. And Mohamed's vocal supporters, with their
demonstrations in the streets of London, will ensure that his story is
told over and over again in the British press until he is released.
This public pressure will likely have an effect across the Atlantic.
The Obama administration is currently reviewing the files on all of the
remaining detainees in order to determine what to do with them--try
them, release them, transfer them, or continue holding them without
trial. This review is expected to take some time, but President Obama,
who has ordered Guantánamo shuttered within one year of his taking
office, is being called on to intervene in Mohamed's case. Given the
public outcry and the pressure from British authorities, Binyam Mohamed
may be one of the first detainees whose destiny the new administration
will decide.
So, who is Binyam Mohamed? And why did the Bush administration have
him detained? Answering these questions is at least as important as
investigating Mohamed's treatment. Yet, the basics of his story have
been obscured by the controversy. While Mohamed's allegations of abuse
are repeated verbatim by a willing press, the U.S. government's
allegations and evidence against Mohamed are often ignored or
downplayed.
Some press reports have repeated the claim that Mohamed went to
Afghanistan before the September 11 attacks for the purpose of kicking
his drug habit. This is a flimsy alibi, to say the least. Why would
anyone go to the heroin capital of the world to get away from drugs? In
fact, there is no doubt that Mohamed traveled to Afghanistan in June
2001 to receive training in an al Qaeda camp. Mohamed admitted this to
the personal representative assigned to handle his case at Guantánamo.
Mohamed did not testify at his hearing at Guantánamo, but his personal
representative submitted a memo on his behalf. The memo indicates that
Mohamed "admitted items 3A1-4 on the UNCLASS summary of evidence." That
is a reference to the unclassified summary-of-evidence memo that was
prepared by the U.S. government for Mohamed's case.
The items Mohamed admitted include the following:
1. The detainee is an Ethiopian who lived in the United States
from 1992 to 1994, and in London, United Kingdom, until he departed for
Pakistan in 2001.
2. The detainee arrived in Islamabad, Pakistan, in June 2001, and
traveled to the al Farouq training camp in Afghanistan, to receive
paramilitary training.
3. At the al Farouq camp, the detainee received 40 days of training
in light arms handling, explosives, and principles of topography.
4. The detainee was taught to falsify documents, and received
instruction from a senior al Qaeda operative on how to encode telephone
numbers before passing them to another individual.
At a minimum, therefore, we know that Mohamed has admitted being an al Qaeda-trained operative.
Mohamed claims that he was not going to use his skills against
America. Mohamed told his personal representative that "he went for
training to fight in Chechnya, which was not illegal." In 2005,
Mohamed's lawyer echoed this explanation in an interview with CNN.
"He wanted to see the Taliban with his own eyes," Mohamed's lawyer
claimed. "I am not saying he never went to any Islamic camp," the
lawyer conceded, but he "didn't go to any camp to blow up Americans."
There are obvious problems with this quasi-denial.
The al Farouq training camp was responsible for training numerous al
Qaeda operatives, including some of the September 11 hijackers. Al
Qaeda used the al Farouq camp to identify especially promising recruits
who could take on sensitive missions. According to the 9/11 Commission Report,
this is what happened with members of al Qaeda's infamous Hamburg cell.
Some of the future 9/11 suicide pilots also first expressed an interest
in fighting in Chechnya, but ended up being assigned a mission inside
the United States.
This is what the U.S. government, or at least the parts of it that
investigated Mohamed's al Qaeda ties, believes happened to Mohamed. In
the unclassified files produced at Guantánamo, as well as an indictment
issued by a military commission, the Department of Defense and other
U.S. agencies have outlined what they think happened during Binyam
Mohamed's time in Afghanistan and then Pakistan.
According to the U.S. government's allegations, Osama bin Laden
visited the al Farouq camp "several times" after Mohamed arrived there
in the summer of 2001. The terror master "lectured Binyam Mohamed and
other trainees about the importance of conducting operations against
the United States." Bin Laden explained that "something big is going to
happen in the future" and the new recruits should get ready for an
impending event.
From al Farouq, Mohamed allegedly received additional training at a
"city warfare course" in Kabul and then moved to the front lines in
Bagram "to experience fighting between the Taliban and the Northern
Alliance." He then returned to Kabul, where the government claims he
attended an explosives training camp alongside Richard Reid, the
infamous shoe bomber.
Mohamed was then reportedly introduced to top al Qaeda operative Abu
Zubaydah. By early 2002, the two were traveling between al Qaeda
safehouses. The U.S. government alleges that Mohamed then met Jose
Padilla and two other plotters, both of whom are currently detained at
Guantánamo, at a madrassa. Zubaydah and another top al Qaeda
lieutenant, Abdul Hadi al Iraqi, allegedly directed the four of them
"to receive training on building remote-controlled detonation devices
for explosives."
At some point, Padilla and Mohamed traveled to a guesthouse in
Lahore, Pakistan, where they "reviewed instructions on a computer ...
on how to make an improvised 'dirty bomb.'" To the extent that the
allegations against Mohamed have gotten any real press, it is this one
that has garnered the attention. Media accounts have often highlighted
the fact that Padilla and Mohamed were once thought to be plotting a
"dirty bomb" attack, but that the allegation was dropped, making it
seem as if they were not really planning a strike on American soil.
Indeed, all of the charges against Mohamed were dropped last year at
Guantánamo. But this does not mean that he is innocent. As some press
accounts have noted, the charges were most likely dropped for
procedural reasons and because of the controversy surrounding his
detention. According to U.S. government files, Padilla and Mohamed were
considering a variety of attack scenarios.
Zubaydah, Padilla, and Mohamed allegedly discussed the feasibility
of the "dirty bomb plot." But Zubaydah moved on to the possibility of
"blowing up gas tankers and spraying people with cyanide in
nightclubs." Zubaydah, according to the government, stressed that the
purpose of these attacks would be to help "free the prisoners in Cuba."
That is, Zubaydah wanted to use terrorist attacks to force the U.S.
government to free the detainees at Guantánamo.
According to the summary-of-evidence memo prepared for Mohamed's
combatant status review tribunal at Guantánamo, Mohamed was an active
participant in the plotting. He proposed "the idea of attacking subway
trains in the United States." But al Qaeda's military chief, Saif al
Adel, and the purported 9/11 mastermind, Khalid Sheikh Mohammed (KSM),
had a different idea. Al Adel and KSM allegedly told Binyam that he and
Padilla would target "high-rise apartment buildings that utilized
natural gas for its heat and also targeting gas stations." Padilla and
Mohamed were supposed to rent an apartment and use the building's
natural gas "to detonate an explosion that would collapse all of the
floors above."
It may have been this "apartment building" plot that Mohamed and
Padilla were en route to the United States to execute when they were
apprehended. In early April 2002, KSM allegedly gave Mohamed $6,000 and
Padilla $10,000 to fly to the United States. They were both detained at
the airport in Karachi on April 4. Mohamed was arrested with a forged
passport, but released. KSM arranged for Mohamed to travel on a
different forged passport, but he was arrested once again on April 10.
Padilla was released and made it all the way to Chicago before being
arrested once again.
The gravity of the charges against Mohamed is rarely reported in the
media. The Bush administration and U.S. intelligence officials believed
he was part of al Qaeda's attempted second wave of attacks on U.S.
soil.
Critics charge that all of the more substantial allegations against
Mohamed were trumped up, or the result of false confessions extracted
during torture. But look again at the allegations. All but two of
Mohamed's co-conspirators are in U.S. custody. High-value detainees
such as KSM, Zubaydah, and Abdul Hadi al Iraqi are all at Guantánamo,
as are two other suspects whom Mohamed met during his travels through
Afghanistan and Pakistan. Jose Padilla and Richard Reid have been
convicted of terrorism-related charges and are serving time in the U.S.
Only Saif al Adel, al Qaeda's military chief who is living in Iran, and
Osama bin Laden are not in U.S. custody.
The point is that U.S. authorities should have been able to figure
out with a reasonable degree of certainty just what Binyam Mohamed was
up to at the time of his capture. This is true even though some of his
co-conspirators were subjected to "enhanced interrogation" techniques
such as waterboarding, which is understandably controversial. Based on
the publicly available testimony from senior intelligence officials,
such as former director of Central Intelligence George Tenet, it is
clear senior terrorists such KSM and Zubaydah gave up actionable
intelligence during their interrogations. In all likelihood, Binyam
Mohamed's mission is something they discussed.
None of this is intended to diminish the seriousness of the abuse
that has been alleged. If Binyam Mohamed was subjected to the types of
treatment he and his lawyers claim while under rendition in Morocco and
elsewhere, then he was tortured. Mohamed claims, for example, that he
was cut with a scalpel in sensitive areas of his body. Such practices
make waterboarding look rather tame and could not possibly have been
necessary to make Mohamed talk.
However, we cannot now verify the more fantastic claims that Mohamed
makes about his time in custody. And even if he were subjected to
deplorable treatment, that would not make him an innocent who poses no
threat. There are good reasons to believe that when captured he was en
route to the United States to kill Americans. Before the Obama
administration agrees to send him to Britain, it should have that
firmly in mind.