David Headley is not on trial in Chicago's Everett McKinley Dirksen federal courthouse. But he is the star of the proceedings, the chief witness against a man who was once his friend. There is nothing ordinary about the case: it kicks off from Headley's confessed and key role as a perpetrator of one horrific terrorist attack - the three-day November 2008 assault on Mumbai - and details his part in planning another incident in Denmark, all in the quest to convict a former boarding school classmate, in part, for abetting Headley's own criminal actions.
For someone so tall and apparently sturdy, Headley, 50, speaks in a surprisingly soft voice, so soft that at several points during his testimony the court clerk and attorneys have asked him to speak up. But the testimony, when it is audible or read out loud from exhibits, is chilling, sending tremors halfway around the world and roiling the already unfriendly relations of nuclear-armed neighbors India and Pakistan. (See photos of the aftermath of the Mumbai attacks.)
Headley says he cased Mumbai for the Army of the Righteous - Lashkar-e-Toiba (LeT) - the banned Pakistani extremist group accused of plotting the attack on India's financial capital. Under oath, he said that Pakistan's spy agency, the Inter-Services Intelligence (ISI), provided financial and military guidance for Lashkar and other militant groups. "I assumed these groups were under the same umbrella," Headley said in court, identifying at least one ISI operative as an overseer of the Mumbai plot.
The original assault plan had focused on Mumbai's central train station, a Jewish community center that Headley believed was an outlet for Israel's secret service, a popular tourist cafe, a movie house, a school, a police station, a hospital and the landmark Taj Mahal Palace and Tower hotel. Lashkar leaders initially did not put Mumbai's upscale Oberoi Trident hotel on its list. But on a whim, Headley decided to take video and photographs of it and the hotel ultimately wound up on a target. Of the 160 people killed in the three-day Mumbai massacre, 32 were staff and guests at the Oberoi.
On his second day of testimony, Headley said that one of his ISI handlers, identified as "Major Iqbal," expressed disappointment that Mumbai's airport was not included among the targets. As for the attack on Mumbai's Jewish community center, Chabad House, the operative allegedly told Headley it "would be revenge" for Israeli actions against Palestinians. (See photos of the 2008 Mumbai attack.)
On the day the Mumbai attacks began, Headley was in Lahore, Pakistan, and received a text message that read: "Turn on the television." As he watched the initial reports, Headley recalls thinking, "I was pleased." By December 2008, he'd returned to the U.S. and said that he detailed to an alleged co-conspirator how the Mumbai attacks transpired, declaring, "We're even with India." That alleged co-plotter was Tahawwur Hussain Rana, 50, the man now on trial in Chicago, who looked blankly into the jury box as his former friend testified against him. In exchange for his cooperation with the U.S. government, Headley, who has confessed to his participation in the Mumbai and Danish plots, will not be extradited to India, Pakistan or Denmark for trial; federal prosecutors will also not seek the death penalty against him when he is sentenced. As for Rana, if he is convicted of conspiring to help Headley and other planners of terrorist attacks in Mumbai and Copenhagen, he could be sentenced to life in prison.
Rana first met Headley at a Pakistani military boarding school. At that time, Headley was called Daood Sayed Gilani, a transplant to Pakistan from his birthplace in Washington D.C., his father a Pakistani diplomat and his mother the daughter of a prominent American football player. It was the first of his many identities, which would shift through the years as he chose to collaborate with shadowy figures of his American and Pakistani existences.
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After his parents divorced, Headley was brought back to Pakistan by his father. At 17, he moved back to the U.S. to live with his mother in Philadelphia, apparently above a bar she owned called the Khyber Pass. Not much is known about Headley's early 20s in the U.S. but by the time he was 27 he would be arrested on his first drug charge - which would lead to the first time he cooperated with authorities to get a lesser sentence. He was 37 when he was arrested for smuggling heroin into the U.S. from Pakistan. Again, he chose to cooperate with the U.S. in exchange for a lenience, becoming a paid informant working in Pakistan for the federal government. At the same time, he may have begun his association with Lashkar-e-Toiba in Pakistan. In fact, during altercations with the women he lived with in the U.S., law enforcement officials were told by the "wives" that Headley had terrorist ties. But even after 9/11, this apparently did not raise alarms in the U.S.
It was about 2006, that Headley officially dropped the name Daood Gilani and reconnected with Rana. As Rana's chief lawyer, Charlie Swift, would portray it, the rekindled friendship was a case of "the bad boy and the good boy" - with his client being the latter. Indeed, Rana's life had been one of striving and enterprise. Trained as a military doctor, he served with coalition forces in Saudi Arabia during the first Gulf war against Saddam Hussein. He later chose to move to Canada where he became a citizen before finding his way to Chicago's large, prosperous South Asian community. Unable to get relicensed to practice medicine in the U.S., he became the business partner of an American and opened First World Immigration Service, an outfit which helped scientists, doctors and other professionals navigate through the U.S. immigration process. Tall, lean, professorial and pious, Rana would buy a farm in Kinsman, Illinois, about 80 miles southwest of Chicago, to grow and slaughter goats for halal markets across the Midwest. (Read "Alleged Chicago Jihadi: Key Role in the Mumbai Attacks?")
For Headley, Rana was a practical connection: his immigration business would provide cover for him to conduct surveillance trips into South Asia and other parts of the world. Headley testified that Rana "could be convinced to help us out." For Pakistan, India has always been the primal enemy, with the chief battleground the disputed region of Kashmir. The two countries have gone to war a number of times, with the Pakistani military coming off the worse for the most part. It is easy to believe that Headley and Rana, former classmates at a military academy, would have bonded over Pakistan's quest for Kashmir - cemented by the militant piety that Headley had been inculcated with by the LeT. Indeed, Headley testified that, apart from a focus on Kashmir, one of the goals of LeT was to wage jihad in retaliation against India's failure to protect its Muslim minority from violence.
Headley testified that he told Rana of nearly every aspect of his weeks-long combat training camps in Pakistan with the LeT, including why he changed his name - "Nobody would be able to tell I'm a Muslim or Pakistani." He said he played on Rana's guilt for having abandoned Pakistan's military and moving to Canada and the U.S. in order to win him over to waging the LeT's vision of jihad. Headley testified that Rana once believed that a military jihad could only truly be declared by a head of state, not a religious figure or any ordinary Muslim. Headley said he dismissed that belief and convinced Rana that jihad was a religious duty.
David Headley's declarations have so far taken center stage in this trial. They are explosive, but hardly unexpected. Indians do not need to be convinced that Pakistan was behind the Mumbai massacre. The Pakistani government, for its part, has consistently denied Headley's testimony, much of which has been familiar since he started cooperating with the U.S. after his arrest in October 2009. In the struggle between the two enemy nations, David Headley embodies certain truisms that either country would be loath to give up - and now appear to have the imprimatur of sworn testimony in a U.S. court of law.
But the legal procedures in Chicago, in the end, will not be about Headley but about the guilt or innocence of Tahawwur Hussain Rana. And if defense lawyers play it right, a jury may not need much help to puncture the claims of a prosecution star witness who has been willing to collaborate again and again with anyone willing to offer him an escape clause - in this specific instance, betraying a friend that he set up as an accomplice. Charlie Swift, Rana's chief defense attorney, knows there's one thing he must ultimately prove: "Rana was totally unaware of what he was getting into."
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