The New York Times reports: The Supreme Court agreed on Tuesday to decide whether high-ranking George W. Bush administration officials — including John Ashcroft, the former attorney general, and Robert S. Mueller III, the former F.B.I. director — may be held liable for policies adopted after the Sept. 11 attacks.
The case began as a class action in 2002 filed by immigrants, most of them Muslim, over policies and practices that swept hundreds of people into the Metropolitan Detention Center in Brooklyn on immigration violations in the weeks after the attacks. The plaintiffs said they had been subjected to beatings, humiliating searches and other abuses.
The roundups drew criticism from the inspector general of the Justice Department, who in 2003 issued reports saying that the government had made little or no effort to distinguish between genuine suspects and Muslim immigrants with minor visa violations.
A divided three-judge panel of the United States Court of Appeals for the Second Circuit, in New York, let the case proceed last year.
“The suffering endured by those who were imprisoned merely because they were caught up in the hysteria of the days immediately following 9/11 is not without a remedy,” Judges Rosemary S. Pooler and Richard C. Wesley wrote in a joint opinion. [Continue reading…]
The New York Times reports: Saudi Arabia paid millions of dollars to Washington lobbyists to keep it out of court. They have been unsuccessful. And now it is up to the kingdom’s lawyers to limit the damage.
With families of Sept. 11 victims now able to pursue legal claims against the Saudis, the fight over responsibility for the terrorist attacks 15 years ago is likely to shift to a courtroom in Lower Manhattan, not far from where the World Trade Center once stood.
The legal battle could last for years, and would be waged using thousands of pages of documents, deposition transcripts and official government investigations. It could end in millions — or billions — of dollars’ worth of Saudi assets being seized in a court settlement, or a judgment that largely vindicates the Saudi government, which for years has insisted it had no role in the deadly plot.
Lawyers for both sides were shaping a legal strategy on Thursday, the day after Congress overrode a veto of a law allowing the 9/11 suits to go forward. For more than a decade, they have been blunted by a sovereign immunity law protecting foreign governments from American lawsuits.
Now, lawyers say they expect that a federal judge will once again take up the cases originally filed in courtrooms across America, but that several years ago were consolidated into one suit in the Southern District of New York. [Continue reading…]
Christopher Dickey writes: When President Barack Obama says there will be no more 9/11s, he almost certainly is right, although what’s left of the core al Qaeda leadership still longs for an atrocity worthy of disaster-film director Roland Emmerich.
The bad news: in the Age of Anxiety, as my colleague Michael Weiss calls it, the jihadists have learned they get almost as much social, political and economic impact out of minor events, and even failure, as they do out of “successful” atrocities.
And that’s not so much because of the bad guys as it is because of us.
The terror perpetrated by the few has become a tool used by demagogues — our demagogues — to frighten and sometimes to stampede the masses. (Am I thinking of Donald Trump? Marine Le Pen? Geert Wilders? Boris Johnson in Brexit mode? Yes.)
What we have lost in the 15 years since the horrors of September 11, 2001, is a sense of perspective about the scale of the threat we face. [Continue reading…]
The threat from terrorism is asymmetrical in obvious ways, but fearmongers — with the help of the media — obscure the most significant asymmetry that is evident in the immediate aftermath of every atrocity: the inhumanity of the perpetrators is dwarfed by the humanity evident in the responses of the survivors. In the face of terror, the people who reach out to help each other, vastly outnumber the terrorists. Those whose fears are most susceptible to being purposefully amplified are those who get terrorized at a distance.
The attack on the World Trade Center and the Pentagon on Sept. 11, 2001 was the largest coordinated, multi-site international act of terror ever carried out on U.S. soil. Almost 3,000 people died, many others were injured and property damage ran into tens of billions of dollars.
Many people acted heroically at both attack sites. In New York, firefighters climbed staircases inside the World Trade Center towers even as damage from fires on upper floors threatened the integrity of the buildings and eventually caused them to collapse. At the Pentagon, military personnel, civilian employees and first responders entered the still-burning impact area to help people who had been injured.
Unfortunately, these efforts were not as coordinated or effective as they could have been.
At the Harvard Kennedy School’s Program on Crisis Leadership, we work to help societies prepare for and respond to catastrophes, from accidents and natural disasters to terrorist attacks. Since 9/11, government agencies have developed new tools for organizing collaborative responses to novel large-scale emergencies. We believe that these new techniques are making a difference, and that many more agencies – especially at the state and local levels – should be using them.
Frud Bezhan writes: Resistance fighter and anti-Taliban leader Ahmad Shah Masud was killed by Al-Qaeda assassins on September 9, 2001, ushering in a chain of events that would place Afghanistan at the center of the global war on terrorism.
Two days after his death, Al-Qaeda operatives would carry out the 9/11 terrorist attacks on U.S. soil. Within a month, the United States military was leading a bombing campaign and invasion of Afghanistan with the intention of overthrowing the Taliban and capturing Al-Qaeda leader and 9/11 orchestrator Osama Bin Laden.
In life and as in death, the military strategist who had made his name as a commander of anti-Taliban forces would have a significant impact on life in Afghanistan. Here are some stories behind the man whose battlefield exploits earned him the moniker “The Lion of Panjshir.” [Continue reading…]
The Guardian reports: The Obama administration has released the long-classified 28 pages of the official congressional report on the 11 September 2001 terrorist attacks, which concerned the alleged ties of the Saudi Arabian government to the 9/11 hijackers.
Publishing the long-awaited pages 13 years after they were first classified, the White House insisted they show no link between Saudi Arabia and the hijackers who carried out the terrorist attacks. The pages put into the public domain the remaining unseen section of the 2002 report, from the joint congressional inquiry into intelligence community activities before and after the 9/11 attacks.
“This information does not change the assessment of the US government that there’s no evidence that the Saudi government or senior Saudi individuals funded al-Qaida,” said Josh Earnest, the White House press secretary. “The number one takeaway from this should be that this administration is committed to transparency even when it comes to sensitive information related to national security.” [Continue reading…]
Brian O’Neill writes: For people not intimately involved in national security debates, and who haven’t closely followed how we arrived at the modern security state, the decade-and-a-half following the surreal terror of September 11 have felt like an unmoored drift, a country floating aimlessly, if recklessly, down a river of indecision. The internet’s rising ubiquity, followed by the dominance of social media, allowed many of us to unwittingly shrug off privacy concerns, while simultaneously ignoring others’ indefinite detention, the torture of strangers, and sky-borne assassination overseas, until we looked around and the sky was speckled with revelations. It’s easy to feel like the new relationship we have with our government “only just happened.”
In Rogue Justice, Karen Greenberg, the director of the Center on National Security at Fordham University School of Law, puts that feeling of aimless drift mostly to rest. This detailed and meticulously researched book shows how the willingness to make every citizen a suspect, and to give the executive branch immense powers to surveil, detain, torture, and murder were not just a product of collective fear and indifference, but the deliberate actions of a surprisingly small group of people. I say “mostly” because the decisions were made by officials within the Bush and (to a lesser extent) Obama administrations, but they were also enabled by the assumed (and granted) complicity of many others.
This complicity came from careerists worried about rocking the boat, politicians in both parties worried about being painted as weak on terror (with notable and noble exceptions), and to an uncomfortable extent, the general public. The terrorist attacks in 2001 made everyone realize that anyone could be a target, but we didn’t see — or didn’t want to see — that in a very real way, we also became a target of the government. Many of the policies enacted in the wake of 9/11 made everyone a suspect as much as a target. Through official secrecy aided by general indifference, we allowed ourselves to be passively dragooned into being on both sides of a war. [Continue reading…]
The Guardian reports: The military lawyers prosecuting the self-proclaimed architect of the 9/11 attacks have struck back against accusations that they colluded with a military judge to destroy evidence relevant to Khalid Sheikh Mohammed’s defense.
In the latest sign that the US’s premier military commission at Guantánamo Bay is becoming what one observer likened to a “schoolyard brawl”, the prosecutors said Mohammed’s attorneys had cynically pursued a “scorched-earth litigation strategy” that involves “batter[ing] the reputation” of the army colonel presiding over the case.
In a 24 May military commissions filing recently unsealed to the public, the prosecution accuses Mohammed’s defense team of bad faith and shoddy lawyering and says the true goal of its counterparts was to destroy the credibility of the controversial military trial system.
Yet in the filing, the chief commissions prosecutor, Brigadier General Mark Martins, and his team elide the central charge in the controversy: the destruction of evidence in a death penalty case.
Last month, Mohammed’s attorneys leveled the extraordinary allegation that military judge and army colonel James Pohl had secretly issued an order permitting the government to destroy evidence that he had earlier publicly agreed to preserve. While extensive classification rules render central facts in the case difficult to conclusively determine, other rulings suggest the evidence in question concerns Mohammed’s torture by the CIA at secret prisons. [Continue reading…]
The Daily Beast reports: The Obama administration may soon release 28 classified pages from a congressional investigation that allegedly links Saudis in the United States to the 9/11 attackers. A former Republican member of the 9/11 Commission alleged Thursday that there was “clear evidence” of support for the hijackers from Saudi officials.
But in Florida, a federal judge is weighing whether to declassify portions of some 80,000 classified pages that could reveal far more about the hijackers’ Saudis connections and their activities in the weeks preceding the worst attack on U.S. soil.
The still-secret files speak to one of the strangest and most enduring mysteries of the 9/11 attacks. Why did the Saudi occupants of a posh house in gated community in Sarasota, Florida, suddenly vanish in the two weeks prior to the attacks? And had they been in touch with the leader of the operation, Mohamed Atta, and two of his co-conspirators?
No way, the FBI says, even though the bureau’s own agents did initially suspect the family was linked to some of the hijackers. On further scrutiny, those connections proved unfounded, officials now say.
But a team of lawyers and investigative journalists has found what they say is hard evidence pointing in the other direction. Atta did visit the family before he led 18 men to their deaths and murdered 3,000 people, they say, and phone records connect the house to members of the 9/11 conspiracy. [Continue reading…]
Former senator Bob Graham writes: Nearly 15 years after the horrific events of 9/11, President Obama must decide whether to release 28 pages of information withheld as classified from the publicly released report of the congressional inquiry into the terrorist attacks that killed thousands of Americans.
On April 10, the CBS program “60 Minutes” aired a story about the missing 28 pages. I was one of several former public officials — including former House Intelligence Committee chairman and CIA director Porter Goss (R-Fla.) ; Medal of Honor recipient and former senator Bob Kerrey (D-Neb.); former Navy secretary John Lehman; and former ambassador and representative Tim Roemer (D-Ind.) — who called on the White House to declassify and release the documents.
Two days after that broadcast, I received a call from a White House staff member who told me that the president would make a decision about the 28 pages no later than June. While that official made no promises as to what Obama would do, I viewed the news as a step in the right direction. [Continue reading…]
Jennifer Daskal writes: The United States is fighting an unauthorized war. Over the past 19 months, American forces have launched more than 8,800 strikes against the Islamic State in Iraq and Syria and hit the group’s affiliate in Libya. The United States continues aerial assaults against Al Qaeda in the Arabian Peninsula in Yemen, is going after militants in Afghanistan and Pakistan, and killed more than 150 suspected Shabab fighters in Somalia just last month.
This war isn’t limited to drone strikes or aerial bombings. It includes Special Operations forces in Iraq, Syria and Afghanistan — and possibly elsewhere. This past weekend, President Obama announced that he would send an additional 250 such troops to Syria.
The primary legal authority for these strikes and deployments comes from the 60-word Authorization for Use of Military Force, passed almost a decade and a half ago. In the days after Sept. 11, 2001, President George W. Bush asked for an open-ended authorization to fight all future acts of terrorism. Wisely, Congress rejected that request, though it did give the president authority to use force against those responsible for the Sept. 11 attacks, Al Qaeda, and those that harbored them, the Taliban.
Today, the Taliban no longer rules Afghanistan, Osama bin Laden has been killed and the other key participants in the Sept. 11 attacks are either locked up or dead. But the old authorization lives on. [Continue reading…]
The New York Times reports: A bill opposed by the Obama administration that would expose Saudi Arabia to legal jeopardy for any role in the Sept. 11 attacks appeared to gain momentum on Tuesday when the senator holding it up said he would be open to supporting it.
Senator Lindsey Graham, Republican of South Carolina, said in an interview on Tuesday that he would drop his opposition to the bill — predicting it could pass the Senate next week — if the sponsors of the legislation agreed to changes that he believed were important to protect American interests abroad. He did not specify what changes he was requesting.
“The goal is to bring people to justice who have been involved in terrorism,” Mr. Graham said. But he added, “I don’t want Americans to be held liable because of one bad actor in some embassy somewhere.” [Continue reading…]
The Daily Beast reports: There’s a major push in Congress right now for a bill that could hold the government of Saudi Arabia legally responsible for the 9/11 attacks. U.S. military and counterterrorism officials now leading the fights against al Qaeda and ISIS think that bill is a terrible idea.
“We don’t need this debate right now,” one defense official said, like others speaking on condition of anonymity because they’re not authorized publicly to criticize the bill, known as the Justice Against Sponsors of Terrorism Act. Saudi officials have lobbied hard against the bill, telling members of the Obama administration, lawmakers, and journalists that the Saudi government has been a stalwart ally with the U.S. and was fighting al Qaeda years before it ever attacked American soil.
That message is resonating inside the Pentagon and in U.S. national security circles. Two former officials, who likewise declined to comment on the record about the bill, said it represented a troubling insertion of politics at a key point in the war against ISIS and would distract from a shared goal of combatting Islamic extremism. [Continue reading…]