The Intercept reports: The Trump administration is considering a set of proposals developed by Blackwater founder Erik Prince and a retired CIA officer — with assistance from Oliver North, a key figure in the Iran-Contra scandal — to provide CIA Director Mike Pompeo and the White House with a global, private spy network that would circumvent official U.S. intelligence agencies, according to several current and former U.S. intelligence officials and others familiar with the proposals. The sources say the plans have been pitched to the White House as a means of countering “deep state” enemies in the intelligence community seeking to undermine Trump’s presidency.
The creation of such a program raises the possibility that the effort would be used to create an intelligence apparatus to justify the Trump administration’s political agenda.
“Pompeo can’t trust the CIA bureaucracy, so we need to create this thing that reports just directly to him,” said a former senior U.S. intelligence official with firsthand knowledge of the proposals, in describing White House discussions. “It is a direct-action arm, totally off the books,” this person said, meaning the intelligence collected would not be shared with the rest of the CIA or the larger intelligence community. “The whole point is this is supposed to report to the president and Pompeo directly.”
Oliver North, who appears frequently on Trump’s favorite TV network, Fox News, was enlisted to help sell the effort to the administration. He was the “ideological leader” brought in to lend credibility, said the former senior intelligence official.
Some of the individuals involved with the proposals secretly met with major Trump donors asking them to help finance operations before any official contracts were signed.
The proposals would utilize an army of spies with no official cover in several countries deemed “denied areas” for current American intelligence personnel, including North Korea and Iran. The White House has also considered creating a new global rendition unit meant to capture terrorist suspects around the world, as well as a propaganda campaign in the Middle East and Europe to combat Islamic extremism and Iran.
“I can find no evidence that this ever came to the attention of anyone at the NSC or [White House] at all,” wrote Michael N. Anton, a spokesperson for the National Security Council, in an email. “The White House does not and would not support such a proposal.” But a current U.S. intelligence official appeared to contradict that assertion, stating that the various proposals were first pitched at the White House before being delivered to the CIA. The Intercept reached out to several senior officials that sources said had been briefed on the plans by Prince, including Vice President Mike Pence. His spokesperson wrote there was “no record of [Prince] ever having met with or briefed the VP.” Oliver North did not respond to a request for comment. [Continue reading…]
BuzzFeed reports: The White House and CIA have been considering a package of secret proposals to allow former US intelligence officers to run privatized covert actions, intelligence gathering, and propaganda missions, according to three sources who’ve been briefed on or have direct knowledge of the proposals.
One of the proposals would involve hiring a private company, Amyntor Group, for millions of dollars to set up a large intelligence network and run counterterrorist propaganda efforts, according to the sources. Amyntor’s officials and employees include veterans of a variety of US covert operations, ranging from the Reagan-era Iran–Contra affair to more recent actions in Iraq and Afghanistan.
Amyntor declined to discuss the proposals, but a lawyer for the company said in a statement to BuzzFeed News that the type of contract being contemplated would be legal “with direction and control by the proper government authority.”
Another proposal presented to US officials would allow individuals affiliated with the company to help capture wanted terrorists on behalf of the United States. In keeping with that proposal, people close to the company are tracking two specific suspects in a Middle Eastern country, the sources said, for possible “rendition” to the United States. [Continue reading…]
The New York Times reports: The Trump administration is preparing a sweeping executive order that would clear the way for the C.I.A. to reopen overseas “black site” prisons, like those where it detained and tortured terrorism suspects before former President Barack Obama shut them down.
President Trump’s three-page draft order, titled “Detention and Interrogation of Enemy Combatants” and obtained by The New York Times, would also undo many of the other restrictions on handling detainees that Mr. Obama put in place in response to policies of the George W. Bush administration.
If Mr. Trump signs the draft order, he would also revoke Mr. Obama’s directive to give the International Committee of the Red Cross access to all detainees in American custody. That would be another step toward reopening secret prisons outside of the normal wartime rules established by the Geneva Conventions, although statutory obstacles would remain. [Continue reading…]
The Daily Beast reports: “The President can sign whatever executive orders he likes. But the law is the law. We are not bringing back torture in the United States of America,” said Republican Senator John McCain, himself a victim of torture at the hands of his Vietnamese captors.
“We haven’t engaged in waterboarding since 2004…We haven’t used black sites since President Bush emptied the black sites, and we’ve somehow managed to keep our country safe,” said former CIA chief of staff Jeremy Bash, in answer to a Daily Beast question. “I have picked up precisely zero appetite for doing that again from intelligence officers,” a sentiment echoed by other former intelligence officers.
The Daily Beast reports: Former CIA employee Sabrina De Sousa, now fighting extradition from Portugal to Italy, was skiing on a mountainside far away from the action, on Feb. 17, 2003, when Hassan Mustafa Osama Nasr was snatched off a street in Milan on his way to the mosque. The cleric, known as Abu Omar, was first flown by executive jet to Germany and then to Cairo, where he was tortured for nearly seven months, according to his own testimony and Amnesty International accounts.
The kidnap was part of the infamous “extraordinary rendition” program being run at the time by the United States. The CIA was grabbing suspected terrorists from all over the world and shipping them to various countries, including Bashar al-Assad’s Syria, Muammar Gaddafi’s Libya, and Hosni Mubarak’s Egypt, to suffer the tortures of the damned and in some cases execution.
Begun under President Bill Clinton, the rendition program developed with a vengeance under President George W. Bush after the Sept. 11 terrorist attacks in America. And Abu Omar’s kidnapping took place only weeks before the U.S.-led invasion of Iraq, when the Bush administration was anxious to prove some link between Iraqi dictator Saddam Hussein and the 9/11 attacks. (None existed.)
Abu Omar was believed to have funneled jihadists into the ranks of Abu Musab al-Zarqawi, who was then operating out of northern Iraq and later founded the organization Al Qaeda in Iraq, that evolved into the so-called Islamic State. Italian authorities, backed by the CIA, believed he was plotting to blow up a busload of American students who attended an international high school in Milan. [Continue reading…]
The Washington Post reports: More than 13 years after an Egyptian cleric was kidnapped off the streets of Milan by CIA operatives, one former agency officer now living in Portugal faces extradition to Italy, where she was sentenced to four years in prison for the abduction.
Sabrina De Sousa, 60, was one of 26 Americans convicted in absentia by Italian courts for her alleged role in the February 2003 rendition of Hassan Mustafa Osama Nasr, also known as Abu Omar.
Like the other convicted Americans, De Sousa never really faced the threat of Italian imprisonment, because she had moved back to the United States long before the Italian trials began.
But last spring, De Sousa moved to Portugal to be near relatives. In the fall, she was detained by local authorities at the Lisbon airport on a European arrest warrant.
This week, Portugal’s highest court upheld the country’s lower courts’ rulings, declared that they did not violate the constitution, and said De Sousa should be sent to Italy as soon as May 4. Portugal’s Constitutional Court also reiterated a condition set by the lower courts — and guaranteed by Italy in De Sousa’s European arrest warrant — that once she arrives in Italy, she must be given another trial or a chance to appeal with new evidence, and the ability to call Italian and U.S. witnesses, because she had been tried in absentia. [Continue reading…]
Patrick G. Eddington writes: At exactly 5 p.m. on March 13, 2007, just as I was preparing to leave my cubicle in Washington for the day, I got a phone call from the journalist Jonathan Landay of McClatchy Newspapers. To this day, I remember his exact words.
“One of your congressman’s constituents is being held in an Ethiopian intelligence service prison, and I think your former employer is neck-deep in this.”
The congressman was Rush Holt, then a Democratic representative from New Jersey, for whom I worked for 10 years starting in 2004. The constituent was Amir Mohamed Meshal of Tinton Falls, N.J., who alleges that he was illegally taken to Ethiopia, where he was threatened with torture by American officials. My “former employer” was the Central Intelligence Agency, but it soon became apparent that the agency “neck-deep in this” was the Federal Bureau of Investigation.
Eight years after Mr. Meshal’s rendition, his case ended up before a three-judge panel of the United States Court of Appeals for the District of Columbia. The questions hanging over the proceeding were: can the United States government allow, or even facilitate, the rendition of an American citizen to another country for interrogation? And can United States officials themselves conduct rendition and interrogations of American citizens, including threats of torture, on foreign soil?
Christian Lorentzen reviews Guantánamo Diary by Mohamedou Ould Slahi: In the autumn of 2001 Mohamedou Ould Slahi was working in Nouakchott, the capital of Mauritania, setting up computer networks. He was born in the hinterlands, son of a nomadic camel trader, and had picked up the trade in Germany; he went to the University of Duisberg on a scholarship in 1988, at the age of 17. He’d long been a fan of the German national football team. He was also devout and had memorised the Koran as a teenager. In 1991 he went to Afghanistan to train with the mujahedin and pledged an oath to al-Qaida. He made another trip the next year, but saw little action fighting Muhammad Najibullah’s communist government before it fell. When the fighting disintegrated into factional struggles, he went back to Germany. He tried once to join the war in Bosnia, but couldn’t get through Slovenia. He worked in Duisberg until 1999, when his visa expired and pressure was coming down from the immigration office. He applied for permanent residency in Canada and went to Montreal, where he led prayers at a mosque attended by an Algerian called Ahmed Ressam. On 14 December 1999, Ressam was arrested at the US border with explosives and timing devices in his rented car. This was the Millennium Plot to blow up Los Angeles International Airport, and though Ressam was a stranger to him it was the start of Slahi’s troubles.
In Montreal he believed he was being watched, possibly through a small hole drilled through his bedroom wall from his neighbour’s flat. (He called the police about it and they told him to fill the hole with caulk.) He was questioned by Canadian intelligence, but let go. Still, he was spooked, and in January 2000 he set off to return to Mauritania, via Dakar; on landing he was picked up by Senegalese special forces. He was rendered to Nouakchott, held for weeks, threatened with torture, and interrogated by Mauritanian intelligence and the FBI. Here was the start of the American authorities’ four-year fixation on two words, ‘tea’ and ‘sugar’, picked up on a tapped phone conversation and presumed to be code. They released him to return to his family. On his way out, the director of Mauritanian intelligence told him: ‘Those guys have no evidence whatsoever.’ [Continue reading…]
Khadija al-Saadi writes: Two very different flights landed at Mitiga military airport in Libya just over a decade ago. The first was organized by the CIA and MI6. On board were a family of six surrounded by guards, the frightened children separated from their parents, the father chained to a seat in a rear compartment with a needle stuck in his arm. The second flight, only a couple of days later, carried Tony Blair in comfort, on his way to shake hands and do business with Colonel Gaddafi.
I know about the first flight, because I was one of the children. I know about the chains and the needle because Sami al-Saadi — a long-time political opponent of Colonel Gaddafi — is my father and I saw him in that state. I was 12 years old, and was trying to keep my younger brothers and my six year-old sister calm. The guards took us to see our mother once on the 16-hour flight. She was crying, and told us that we were being taken to Gaddafi’s Libya. Shortly before the plane landed, a guard told me to say goodbye to my father, at the front of the plane. I forced myself ahead and saw him with a needle in his arm. I remember guards laughing at me. Then I fainted.
We were taken off the plane and bundled into cars. Hoods were pulled over my parents’ heads. Libyans forced my mother, sister and I into one car, my brothers and father another. The convoy drove to a secret prison outside Tripoli, where I was certain we were all going to be executed. All I knew about Libya at that time was that Colonel Gaddafi wanted to hurt my father, and that our family had always been moving from country to country to avoid being taken to him. Now we had been kidnapped, flown to Libya, and his people had us at their mercy. [Continue reading…]
Why kidnapping, torture, assassination, and perjury are no longer crimes in Washington
By Tom Engelhardt
How the mighty have fallen. Once known as “Obama’s favorite general,” James Cartwright will soon don a prison uniform and, thanks to a plea deal, spend 13 months behind bars. Involved in setting up the earliest military cyberforce inside U.S. Strategic Command, which he led from 2004 to 2007, Cartwright also played a role in launching the first cyberwar in history — the release of the Stuxnet virus against Iran’s nuclear program. A Justice Department investigation found that, in 2012, he leaked information on the development of that virus to David Sanger of the New York Times. The result: a front-page piece revealing its existence, and so the American cyber-campaign against Iran, to the American public. It was considered a serious breach of national security. On Thursday, the retired four-star general stood in front of a U.S. district judge who told him that his “criminal act” was “a very serious one” and had been “committed by a national security expert who lost his moral compass.” It was a remarkable ending for a man who nearly reached the heights of Pentagon power, was almost appointed chairman of the Joint Chiefs of Staff, and had the president’s ear.
In fact, Gen. James Cartwright has not gone to jail and the above paragraph remains — as yet — a grim Washington fairy tale. There is indeed a Justice Department investigation open against the president’s “favorite general” (as Washington scribe to the stars Bob Woodward once labeled him) for the possible leaking of information on that virus to the New York Times, but that’s all. He remains quite active in private life, holding the Harold Brown Chair in Defense Policy Studies at the Center for Strategic and International Studies, as a consultant to ABC News, and on the board of Raytheon, among other things. He has suffered but a single penalty so far: he was stripped of his security clearance.
A different leaker actually agreed to that plea deal for the 13-month jail term. Nearly three weeks ago, ex-State Department intelligence analyst Stephen E. Kim pled guilty to “an unauthorized disclosure of national defense information.” He stood before U.S. District Judge Colleen Kollar-Kotelly, who offered those stern words of admonition, and took responsibility for passing classified information on the North Korean nuclear program to Fox News reporter James Rosen in 2009.
Still, someday Cartwright might prove to be unique in the annals of Obama era jurisprudence — the only Washington figure of any significance in these years to be given a jail sentence for a crime of state. Whatever happens to him, his ongoing case highlights a singular fact: that there is but one crime for which anyone in America’s national security state can be held accountable in a court of law, and that’s leaking information that might put those in it in a bad light or simply let the American public know something more about what its government is really doing.
If this weren’t Washington 2014, but rather George Orwell’s novel 1984, then the sign emblazoned on the front of the Ministry of Truth — “War is Peace, Freedom is Slavery, Ignorance is Strength” — would have to be amended to add a fourth slogan: Knowledge is Crime.
Gregory D Johnsen writes: Sunrise was still nearly an hour off when Nazih al-Ruqai climbed into his black Hyundai SUV outside a mosque in northern Tripoli and turned the key. The lanky 49-year-old had left the house barely 30 minutes earlier for a quick trip to the mosque on a Saturday. It was Oct. 5, 2013, and after more than two decades in exile, he had settled into a predictable existence of prayer and worship.
The homecoming hadn’t always been so smooth. Ruqai, who is better known in the jihadi world as Abu Anas al-Libi, was still feeling the effects of the hepatitis C he had contracted years earlier during a stint in an underground prison in Iran. Following overtures from Muammar al-Qaddafi’s government, his wife and children had returned to Libya in 2010. But Libi stayed away, wary of the man he had once plotted to kill. Only when the Libyan uprisings started in early 2011 did he follow his family back to Libya. But by then it was already too late. His oldest son, Abd al-Rahman, the only one of his five children who had been born in Libya, was dead, shot while fighting for the capital.
After that, things moved in fits and starts. Qaddafi was killed weeks later in October 2011, and Libi eventually settled in Nufalayn, a leafy middle-class neighborhood in northeast Tripoli, alongside several members of his extended family. Life after Qaddafi was chaotic and messy — nothing really worked as the new government struggled to reboot after 42 years of dictatorship, often finding itself at the mercy of the heavily armed militias and tribes that had contributed to Qaddafi’s downfall.
Libi knew he was a wanted man. He had been on the FBI’s most wanted list for more than a decade, following an indictment in 2000 for his alleged role in al-Qaeda’s attacks on U.S. embassies in Kenya and Tanzania two years earlier. Along with Libi the indictment named 20 other individuals, including Osama bin Laden and Ayman al-Zawahiri, as defendants.
“He suspected that at any moment he would be killed,” his son later told The New York Times. Still, on that Saturday morning in early October, much of the danger seemed to have passed. Libi had been living in the open for nearly a year, attending prayers and settling local disputes, where his history as a fighter and knowledge of the Qur’an made him a respected arbiter. Neighbors called him simply “the shaykh,” a sign of respect in the conservative circles in which Libi still moved.
He had also taken steps to address his past. Three weeks earlier, on Sept. 15, Libi had sat down with Libya’s attorney general to discuss his indictment, according to one report. (The Libyan Embassy in Washington did not respond to repeated requests to confirm Libi’s meeting.) But mostly he just wanted to move on with his life. He had applied for his old job at the Ministry of Oil and Gas and he couldn’t stop talking about how much he was looking forward to becoming a grandfather for the first time.
A trio of cars around 6 a.m. ended all of that.
Inside the family’s apartment, Libi’s wife heard the commotion. From a window she looked out over the beige wall that surrounded their building and into the street where several men had surrounded her husband, who was still in the driver’s seat of his black Hyundai.
“Get out,” the men shouted in Arabic. “Get out.” Then they smashed the window. Most of the men were masked, but she could see a few faces, she said later in Arabic interviews. They looked Libyan; they sounded Libyan. Some of them had guns; some didn’t, but they all moved quickly.
By the time the rest of the family made it to the street, all that was left was a single sandal and a few drops of blood.
Early that same morning, nearly 3,000 miles away in the seaside city of Baraawe on Somalia’s eastern coast, U.S. Navy SEALs crept through the darkness toward their target, which a local resident later described to me as a walled compound more than 100 yards inland. The Americans had been here before. Four years earlier, in September 2009, a contingent of Navy SEALs had ambushed a two-car convoy just outside of town. Flying low in helicopter gunships, the SEALs quickly disabled the cars and then touched down to collect the bodies.
This time the target — Abd al-Qadir Muhammad Abd al-Qadir, a young Kenyan of Somali descent better known as Ikrima — was stationary. The SEALs would have to go in and get him. Pre-raid intelligence suggested that the compound housed mostly fighters with few or no civilians present. Only 130 miles south of Mogadishu and what passed for the Somali government, Baraawe had been under the control of al-Shabaab, a fragmentary militant group, since 2009. Fighters came and went freely, as al-Shabaab implemented its own narrow version of Islamic law in the city.
Moving up the beach and into enemy territory, the SEALs needed the element of surprise. Through the trees and scrub brush ahead of them, most of the city was dark. Baraawe had only a few hours of electricity each day, usually from evening prayers until midnight. But al-Shabaab’s members lived separately and, along with some of the city’s wealthier residents, got around the shortages by running private generators. The plan that night took this into account, calling for the SEALs to jam internet signals, apparently in an attempt to cut off communication once the raid began. That would prove to be a mistake.
Inside the compound, some of the al-Shabaab fighters were up late and online. And, according to a report in the Toronto Star, when the internet suddenly went out in the middle of the night, they went to look for the source of the problem. At least one fighter stepped outside, and as he moved around in the darkness he spotted some of the SEALs.
The plan to knock the internet offline and isolate the fighters in the villa had backfired, effectively giving al-Shabaab an early warning that the SEALs were on their way. (In the days after the raid, al-Shabaab would arrest a handful of local men who were known to visit Western websites, accusing them of spying and aiding U.S. efforts.)
The firefight lasted several minutes, although residents reported hearing gunfire throughout the night as members of al-Shabaab discharged their weapons into the dark for hours after the Americans had withdrawn, empty-handed.
In the span of a few hours, the U.S. had launched a pair of raids — one successful and one not — 3,000 miles apart, in countries with which the nation was not at war. Hardly anyone noticed.
More than a dozen years after the Sept. 11 attacks, this is what America’s war looks like, silent strikes and shadowy raids. The Congressional Research Service, an analytical branch of the Library of Congress, recently said that it had located at least 30 similar occurrences, although the number of covert actions is likely many times higher with drones strikes and other secret operations. The remarkable has become regular.
The White House said that the operations in both Libya and Somalia drew their authority from the Authorization for the Use of Military Force, a 12-year-old piece of legislation that was drafted in the hours after the Sept. 11 attacks. At the heart of the AUMF is a single 60-word sentence, which has formed the legal foundation for nearly every counterterrorism operation the U.S. has conducted since Sept. 11, from Guantanamo Bay and drone strikes to secret renditions and SEAL raids. Everything rests on those 60 words. [Continue reading…]
The Guardian reports: MI6 officers were under no obligation to report breaches of the Geneva conventions and turned a “blind eye” to the torture of detainees in foreign jails, according to the report into Britain’s involvement in the rendition of terror suspects.
Even when individual MI6 and MI5 officers expressed concerns about the abuse of detainees they did not pass on their thoughts for fear of offending the US, Britain’s closest intelligence partner.
British officials were reluctant to question sleep deprivation, hooding, and waterboarding for “fear of damaging liaison relationships” – an unmistakable reference to the CIA.
This is the message of the 115-page report by a panel led by Sir Peter Gibson, the former appeal court judge, into Britain’s involvement in the extra-judicial abduction of terror suspects who were flown in secret to prisons where they were ill treated. [Continue reading…]
John Sifton writes: I have just arrived here in the Gambia, in westernmost Africa, to testify before the African Commission of Human Rights about a CIA rendition case involving Djibouti, 4,000 miles east at the mouth of the Red Sea.
The case against Djibouti was brought by Mohammed Abdullah Saleh al-Asad, a Yemeni citizen who was arrested in 2003 in Tanzania and taken on a private flight to Djibouti. There the CIA — with help from Djibouti authorities — detained him short term and then flew him to another CIA facility in Afghanistan. His petition provides evidence that he was subjected to beatings and torture in both locations. The CIA appears to have realized later that al-Asad was not involved in terrorism or al-Qaeda, and returned him to Yemen in 2005.
The al-Asad case is one of several brought to hold the US government and its co-perpetrators accountable for unlawful arrests, detentions, and interrogations carried out by the CIA during the Bush administration — serious abuses that my colleagues and I documented for Human Rights Watch in numerous reports in 2004 to present. Known CIA interrogation techniques included severe sleep deprivation, forced standing, exposure to cold, slapping and hitting, confining detainees in small boxes, and throwing detainees against the wall. Some were waterboarded. [Continue reading…]
Reuters reports: An elite U.S. interrogation team abandoned its questioning of an al-Qaeda militant who was snatched in Libya after he stopped eating and drinking regularly on board a U.S. Navy ship where he was being held, a U.S. official familiar with the matter said.
As his health deteriorated, U.S. authorities decided to fly the suspect known as Abu Anas al-Liby to New York last weekend, where he was taken to a hospital for treatment.
Al-Liby, whose real name is Nazih al-Ragye, was expected to be arraigned in Federal Court in Manhattan on Tuesday on long-standing charges related to the bombings of U.S. embassies in Africa in 1998.
Upon arrival in the United States, al-Liby became subject to the rules of the civilian American court system. That means he can no longer be interrogated without being advised of his constitutional right to avoid incriminating himself, the official said. [Continue reading…]
Jamie Dettmer reports: For Americans, he is a monster, a major al-Qaeda leader who had a hand in the 1998 U.S. embassy bombings in Kenya and Tanzania that killed more than 224 civilians and—until U.S. Special Forces snatched him off the streets of Tripoli last week—a veteran terrorist tasked with uniting jihadists not just in Libya but across the arc of North Africa.
Sitting down, though, with his wife of 22 years and three sons in their cramped apartment, on the elevated ground floor of a small apartment building in a middle-class district in the Libyan capital on Saturday evening, I heard a different story that didn’t fit the bogeyman portrait drawn by American officials.
And it is one that prompts the question: has the U.S. got the right man?
For his family, Abu Anas al-Liby, to use his nom de guerre, is an easy-going husband and kind, playful father who, just days before a Delta Force team grabbed and bundled the 49-year-old out of Libya, told his oldest son, Abdullah, that he was looking forward to becoming a grandfather.
For them, he is a Libyan patriot who sacrificed a great deal. His commitment to the ousting of Libya’s longtime dictator, Col. Muammar Gaddafi, required them all to suffer, including several years of imprisonment in poor conditions in Iran after the family fled Afghanistan. They say they endured harassment and surveillance in Britain, where they sought political asylum and lived from 1997 to 2000. [Continue reading…]
The New York Times reports: A federal judge in Manhattan on Friday rejected a request that he appoint a lawyer to represent a terror suspect who was captured last weekend in Libya and was said to be undergoing interrogation while in military custody on a Navy ship in the Mediterranean Sea.
After that interrogation is over, the suspect, Nazih Abdul-Hamed al-Ruqai, is expected to be advised of his right to a lawyer and speedy court appearance, and would eventually be brought to Manhattan for criminal prosecution.
Mr. Ruqai, 49, who is better known as Abu Anas al-Libi, faces indictment in Federal District Court on conspiracy charges stemming from the 1998 bombings of two United States embassies in East Africa that killed 224 people.
On Tuesday, David E. Patton, the chief federal public defender in New York City, wrote to the judge overseeing cases stemming from that indictment, arguing that Mr. Ruqai was “a defendant in an indicted case before this court” and was entitled to be taken “without unnecessary delay” before a magistrate judge, where he would also have the right to counsel.
But on Friday, the judge, Lewis A. Kaplan, said that such a requirement was triggered only by a “federal criminal arrest.”
“The government denies that any federal criminal arrest has taken place,” he wrote, “and there is no evidence to the contrary.” As a result, Judge Kaplan wrote, there was “no proper basis” for the court to conclude that “the obligation to produce the defendant before it in this criminal case has come into existence.” [Continue reading…]
The Guardian reports: Libya has demanded an explanation for the “kidnapping” of one of its citizens by American special forces, hours after a separate US military raid on a terrorist target in Somalia ended in apparent failure and retreat.
In Tripoli the US army’s delta force seized alleged al-Qaida leader Nazih Abdul-Hamed al-Ruqai, known by his alias Abu Anas al-Liby and wanted for the 1998 bombings of the US embassies in Kenya and Tanzania that killed more than 220 people.
But US navy Seals suffered a major setback when they launched an amphibious assault to capture an Islamist militant leader said to be Ahmed Godane, described as Africa’s most wanted man and the architect of last month’s attack on the Westgate shopping mall in Kenya. The elite Seals were beaten back by heavy fire and apparently abandoned equipment that the Somali militants photographed and posted on the internet.
As dramatic details of Saturday’s twin operations emerged, US secretary of state John Kerry insisted that terrorists “can run but they can’t hide”, but faced growing questions about America’s military reach in Africa and the consequences of unilateral aggression.
Al-Liby was captured outside his family home at 6.15am in Noufle’een, a quiet suburb in eastern Tripoli, according to witnesses, but there were conflicting reports over who took him. His brother, Nabih, told the Associated Press that al-Liby was parking when a convoy of three vehicles encircled his car. Armed gunmen smashed the car’s window and seized al-Liby’s gun before grabbing him and taking him away, the report said. The brother said al-Liby’s wife saw the kidnapping from her window and described the abductors as foreign-looking armed “commandos”.
But al-Liby’s son Abdullah insisted that Libyan forces were involved. Appearing on Tripoli’s Nabir TV station, he said: “The people who took my father were Libyan, not Americans – they spoke with Tripoli accents. [Continue reading…]