Holder defends terror trials in civilian courts (AP)

WASHINGTON – Attorney General Eric Holder on Thursday defended the prosecution of terrorism suspects in civilian court after the top-ranking Senate Republican urged him to send two Iraqis to Guantanamo Bay rather than try them in Kentucky.

Holder criticized what he called a "rigid ideology" among political opponents working to prevent terror trials that have been successfully handled by civilian courts hundreds of times.

"Politics has no place — no place — in the impartial and effective administration of justice," Holder said in remarks prepared for delivery to the American Constitution Society's convention. "Decisions about how, where, and when to prosecute must be made by prosecutors, not politicians."

Although Holder didn't mention Senate Majority Leader Mitch McConnell by name, his comments come two days after McConnell took to the Senate floor and urged Holder's Justice Department to send terrorism suspects Waad Ramadan Alwan and Mohanad Shareef Hammadi to Navy-run prison at Guantanamo Bay, Cuba. He said a trial planned in his home state of Kentucky could risk retaliatory attacks against judges, jurors and the broader community.

The Justice Department says there have been more than 400 convictions of terrorism-related charges in civilian courts.

"Not one of these individuals has escaped custody," Holder said. "Not one of the judicial districts involved has suffered retaliatory attacks. And not one of these terrorists arrested on American soil has been tried by a military commission."

But members of Congress have successfully fought Holder over the prosecution of five other terrorism suspects planned for New York City, including alleged Sept. 11 mastermind Khalid Sheikh Mohammed. The Obama administration bowed to the political pressure and backed off the plan, saying it would instead prosecute them before a military commission.

McConnell issued a statement in response to Holder's speech that said foreign terrorists belong at the secure detention facility at Guantanamo Bay.

"There is wide, bipartisan opposition to giving the rights of U.S. citizens to men who tried to kill our troops on the battlefield," McConnell said. "Unfortunately, this administration has been working since its first week in office to do just that, regardless of the opposition in those communities or their elected leaders in Congress."

Holder insisted in his speech that civilian courts are "our most effective terror-fighting weapon."

"Despite this reality, we continue to see overheated rhetoric that is detached from history — and from the facts," Holder said. "We see crucial national security tools, once again, being put at risk by those who disparage the American criminal justice system and misguidedly claim that terror suspects cannot be tried safely in our civilian courts."

Alwan and Hammadi were arrested in the United States after being admitted as refugees from Iraq in 2009. Homeland Security officials have said the men slipped through cracks in the system that have since been fixed.

They are charged in a 23-count indictment with conspiring to send weapons and money to al-Qaida in Iraq. Alwan is also charged with attacking American soldiers in Iraq. Justice Department spokesman Dean Boyd said after their arrests, the two waived their rights to remain silent and appear quickly before a judge and were interrogated for several days to gather intelligence.

Authorities say the weapons and money from Alwan and Hammadi didn't make it to Iraq because of a tightly controlled undercover investigation. The FBI said Alwan spoke of setting roadside bombs near Bayji, Iraq, from 2003 through 2006. The FBI said investigators found his fingerprints on an unexploded bomb.

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Chicago Trial's Explosive Revelations (The Daily Beast)

NEW YORK – The verdict is in: David Headley's accomplice is found guilty. Sebastian Rotella reports on the unprecedented glimpse into the terrorist mindset the case offered-and the fallout for U.S.-Pakistan relations.

The terrorism trial of Tahawwur Rana, a minor accomplice whose trial ended Thursday in a guilty verdict on two of three counts, offered an extraordinary look into the underworld of terrorism and espionage in South Asia and had repercussions much closer to home.

The five days of testimony of confessed American terrorist and Pakistani spy David Coleman Headley were unprecedented in a U.S. courtroom. Headley delivered explosive revelations about how officers in Pakistan's Inter-Services Intelligence Directorate (ISI) funded, supported and directed the 2008 Mumbai attacks along with the Lashkar-i-Taiba militant group.

Because of his mix of front-line experience and high-level contacts, Headley's testimony was like a seminar in how terrorists communicate in code, do surveillance on targets and assemble plots while spies oversee the operations from the shadows like puppeteers. The case also showed how a growing number of serving and former Pakistani military officers have put their lethal talents at the service of Lashkar, al Qaeda and other groups. It revealed the impunity with which ISI officers and terrorists alike operate in Pakistan even when they target Americans and other Westerners. (See our readers' guide to the trial.)

The evidence combined with the indictment of Headley's ISI handler in the murders of six American victims of the Mumbai attacks has worsened the already troubled U.S. Pakistani-relationship. "The trial has been yet another bump in the road for U.S.-Pakistan relations," said Stephen Tankel, author of a forthcoming book titled Storming the World Stage: the Story of Lashkar-e-Taiba.

At the same time, the trial left enduring mysteries.

It did not answer questions about whether Sajid Mir, a Lashkar mastermind caught on tape directing the slaughter in Mumbai by phone, was once a Pakistani military officer. It did not explore the extent to which ISI chiefs beyond Headley's handler, known only as Major Iqbal, were aware of the Mumbai plot, which ultimately killed 166 people. Headley testified that he believed top ISI leadership was not aware, but he also said he thought Iqbal's commanding officer and his unit of the spy agency knew about the operation.

Finally, prosecutors managed to skirt two delicate and interconnected issues that the U.S. government refuses to discuss: Headley's role as a U.S. informant and the failure of the FBI to stop his terrorist activity despite at least six warnings during seven years. Headley revealed that he was simultaneously an extremist and an informant for the Drug Enforcement Administration for at least two years, and that he gathered counterterror intelligence as well as doing anti-drug work.

Headley testified that he stopped working for the DEA in September 2002, but that did not change contradictions and gaps in the U.S. government's official version. The DEA has stated that he was deactivated in early 2002, while other agencies have said he remained an informant until as late as 2005.

"The lack of clarity reinforces suspicions that the U.S. government knew more about Headley than it has revealed."

The lack of clarity reinforces suspicions that the U.S. government knew more about Headley than it has revealed and that his role as an informant shielded him from more aggressive scrutiny in the years before his arrest in October 2009.

"I don't feel we got the whole story about Headley as an informant from the Americans," said a European counterterror official involved in the investigation. "I believe he was a drug informant and also some other kind of informant."

The jury did not get the whole story either. Headley had already pleaded guilty to doing reconnaissance in Mumbai and for a plot in Denmark. The official focus of the trial was the narrower issue of charges of material support of terrorism against Rana, who owns an immigration consulting firm in Chicago. He was accused of supporting Headley's reconnaissance for the Mumbai and Denmark attacks and of overall support for Lashkar. Prosecutors charged that Rana let Headley open an office of the firm in Mumbai and use the business as cover for his surveillance in India and Denmark.

The verdict suggested a common-sense analysis by the jury. Headley testified that the Mumbai plot was a joint operation in which he was directed by Major Iqbal of the ISI and the Lashkar handler named Mir. The defense established that Rana communicated with Major Iqbal, but not any Lashkar masterminds. Rana's lawyers argued that Headley, Rana's boyhood friend, was a skilled manipulator who convinced Rana that he was doing intelligence for the ISI against India, Pakistan's arch-enemy, and kept him in the dark about the Mumbai plot.

The acquittal on the charge of supporting the Mumbai plot indicates that the jury accepted that argument. But they apparently rejected the idea that Rana remained a dupe once the carnage in India had happened. Headley soon enlisted Rana to assist his reconnaissance on a newspaper in Denmark that has become an internationally known target of terrorists after publishing caricatures of the Prophet Mohammad in 2005. Because Rana was a devout Muslim, it seems hard to believe he did not suspect anything at that point.

Rana's conviction is a small victory. Washington has been pressing Pakistan for more than a year to arrest Major Iqbal as well as Mir and a half-a-dozen other Lashkar chiefs who have been implicated as masterminds. Despite abundant evidence and the U.S. federal indictment, the Pakistani government has not pursued those fugitives. They are not in hiding and continue to be involved in terrorist plotting, U.S. investigators say.

Lashkar is simply too powerful and too close to the Pakistani security forces, according to Western and Indian counterterror officials. Pakistani officials fear that arresting major figures in Lashkar, which has not attacked the Pakistani state, could result in violent backlash and further instability.

"They think they have to leave these Lashkar cadres free to control the organization," an Indian anti-terror official said. "They are worried that if they move against them, it could be a civil-war situation."

An award-winning foreign correspondent and investigative reporter, Sebastian worked for almost 23 years for the Los Angeles Times, covering everything from terrorism to arts to the Mexican border. He served most recently as a national security correspondent in Washington, D.C., and his previous posts include international investigative correspondent and bureau chief in Paris and Buenos Aires, with assignments in the Middle East and North Africa.

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