The LWOT

The LWOT: Iraqi VP wanted on terrorism charges

Foreign Policy and the New America Foundation bring you a twice weekly brief on the legal war on terror. You can read it on foreignpolicy.com or get it delivered directly to your inbox -- just sign up here.

The LWOT will be taking a break to wrap some presents, and will be back on January 3rd. Happy Holidays!

Iraqi VP wanted on terrorism charges

An Iraqi judicial committee said to be under the control of Shi'a Prime Minister Nouri al-Maliki on December 19 issued an arrest warrant for the country's vice president and highest ranking Sunni official, Tariq al-Hashemi, on terrorism charges (AP, , Guardian,AJECNNReutersTelAFP). Three men identified as al-Hashemi's bodyguards appeared on state television for a half-hour confession of their roles in attacks on several Shi'a officials since 2009, which they said were ordered and funded by al-Hashemi (NYTWSJ). The accusations are creating severe political and sectarian tensions in Iraq just days after the last U.S. troops exited the nation.

The United States on December 16 turned over to the Iraqi government their last remaining detainee in Iraq, Ali Musa Daqduq, who is a suspected member of the Lebanese Hezbollah and accused of masterminding an attack that killed five American soldiers in Karbala, Iraq in 2007 (NYTAJEWSJPostLATAPReutersCNN). The Obama administration has struggled to decide whether to bring Daqduq back to the United States to face a military trial, finally saying on December 16 that Iraqi law would not allow it, a development that has sparked criticism of the administration.

Norwegian prosecutors on December 19 said they would seek an 11-year sentence for a Norwegian citizen of Chinese Uigur origin, Mikael Davud, the alleged mastermind of a plot to attack the offices of Jyllands Posten, the Danish newspaper that printed controversial cartoons of the Prophet Mohammad in 2005 (AFPReuters). Prosecutors recommended five-year sentences for each of Davud's accused co-conpsirators, Shawan Sadek Saeed Bujak, an Iraqi Kurd residing in Norway, and David Jakobsen, an Uzbek also residing in Norway; all three suspects have pleaded not guilty.

Nigerian police arrested 14 suspected members of the extremist group Boko Haram after one suspected member discovered his home was under surveillance on December 17 and organized other members to attack local police, resulting in a shootout that killed three police officers and four militants (BBCAFPGuardianReuters).

Report: Deal with Taliban could involve Gitmo detainee transfers

Reuters reported on December 19 that senior U.S. officials have confirmed ongoing secret talks with the Afghan Taliban to reach a reconciliation agreement that could include transferring an unspecified number of Taliban prisoners from the Guantánamo Bay detention center to the Afghan government (Reuters). The 10-month dialogue process has reportedly reached "a critical junction" at which a political end to the Afghan war could be agreed upon. However, a senior Afghan Taliban official later denied that the group had been in any secret talks with the U.S government (Reuters). 

The Associated Press' Pete Yost on December 18 examined the newly passed National Defense Authorization Act (NDAA), pointing out that the new law requiring military custody for terrorist suspects tied to al-Qaeda and its affiliates does not apply to U.S. citizens or to lawful U.S. residents (AP). The bill also leaves the executive branch with the ability to try foreign terrorist suspects in U.S. civilian courts, but defense and intelligence officials have voiced concern over questions left unanswered by the bill that could complicate terrorism investigations. Lawfare Blog's Benjamin Wittes and Robert Chesney have an invaluable list of NDAA FAQ (Lawfare).

An Iraqi refugee living in Bowling Green, KY, 30-year-old Waad Ramadan Alwan, pleaded guilty on December 16 to 23 terrorism-related charges, including conspiracy to kill Americans abroad, attempting to provide material support to terrorists, and conspiring to kill U.S. troops using explosives (WSJAPReuters).

Jurors in the case of Tarek Mehanna, who is accused of disseminating jihadist propaganda on the Internet and traveling to Yemen in 2004 to undergo terrorist training, began deliberating on December 16 (APReuters). In his closing arguments, one of Mehanna's defense attorneys attempted to convince the jury that what Mehanna was doing was "independent advocacy" not "in coordination with or at the direction of" a terrorist organization, a condition necessary to convict Mehanna on charges of conspiring to provide material support to terrorists.

The hearing to decide whether Pfc. Bradley Manning will face a court martial on charges of aiding the enemy and violating the Espionage Act for allegedly leaking hundreds of thousands of classified U.S. government documents to the whistleblowing website WikiLeals enters its fifth day on December 20 (GuardianBBCAPGuardianReuters,CNNPostAP). Witnesses so far have debated the evidence allegedly found on Manning's computer, including at least 100,000 classified cables that do not appear to have been released, and emails between Manning and WikiLeaks founder Julian Assange in which Manning expressed a desire to lift "the fog of war" by releasing the documents.

Trials and Tribulations

  • Pakistani police in Lahore arrested an Iranian citizen suspected of being a terrorist on December 16 (ET).
  • Turkish state media reported on December 19 that security forces had killed around 20 separatist militant members of the banned Kurdistan Workers Party (PKK) (AP).
  • The United Kingdom is reportedly planning on overhauling its terrorism threat-level five-point scale, which research has shown to be widely misunderstood and unrelated to the number of tips provided by the public on terrorism plots (AP).

AHMAD AL-RUBAYE/AFP/Getty Images

The LWOT

The LWOT: Government approves military custody for terrorist suspects

Foreign Policy and the New America Foundation bring you a twice weekly brief on the legal war on terror. You can read it on foreignpolicy.com or get it delivered directly to your inbox -- just sign up here.

Government approves military custody for terrorist suspects

The Obama administration agreed on December 14 not to veto the $662 billion National Defense Authorization Act (NDAA), clearing the way for a 283-136 House vote that night and a U.S. Senate vote 86-13 the following day, both in favor of the bill (APReuters,NYTAJEGuardianPostLAT). The controversial provision requiring military custody for all suspected terrorists with links to al-Qaeda, over which the White House had previously threatened a veto, has sparked outcry from civil liberties groups and other commentators (NYTNYTET). FBI Director Robert Mueller on December 14 also expressed lingering concerns that the bill's language leaves the military and FBI roles during the interrogation of terrorist suspects unclear (Politico). Senator Dianne Feinstein (D-CA) on December 15 introduced the Due Process Guarantee Act of 2011, which would ensure that Americans detained on U.S. soil could not be held indefinitely (Press Release). 

On December 15, federal prosecutors filed a civil suit seeking $480 million in penalties from the now-defunct Lebanese Canadian Bank and two Lebanese exchange companies, for allegedly helped the Lebanese militant group Hezbollah launder almost half a billion dollars in South American drug funds (NYT). The suit came two days after Lebanese national Ayman Joumaa was indicted in federal court in Virginia accused of being the ringleader of a massive international drug cartel linked to Hezbollah, in which the Lebanese Canadian Bank was complicit (AP). However, the terrorism connections were reportedly not mentioned in Joumaa's criminal indictment. The Times' Jo Becker had a must-read on December 13 on the fascinating details of the money-laundering system used by Hezbollah revealed by the bank's ledgers (NYT).

The Times' Benjamin Weiser also had a must-read this week on the trial of an Eritrean man accused of providing material support to al-Shabaab, Mohamed Ibrahim Ahmed, whose attorneys are requesting in federal court in Manhattan that a judge suppress statements that Ahmed made without being apprised of his right to remain silent and right to counsel (the U.S. government, meanwhile, says Ahmed waived his Miranda rights) (NYT). Ahmed was allegedly subjected to a "clean" interrogation by FBI agents in Nigeria nearly two years ago, days after he received a "dirty" interrogation by different FBI agents, before which he says he was not told his Miranda rights, creating a critical conflict between the need to interrogate terrorist suspects for time-sensitive intelligence and the need to build a viable criminal case to be used in civilian court.

The U.S. State Department on December 15 designated a longtime ETA leader known by his alias, Josu Ternera, as a person supporting global terrorism (AFP). Separately the State Department also designated Saleh al-Qarawi, a top leader in the Lebanese Abdullah Azzam Brigades, as a Specially Designated Global Terrorist (WSJ). And Politico's Josh Gerstein notes that the December 16 public hearing on the U.S. military's case against Bradley Manning, who is accused of "aiding the enemy" by leaking thousands of classified military documents to the government transparency advocacy site WikiLeaks, should reveal some details of the highly secretive case (Politico).

The trial of Tarek Mehanna, who is accused of distributing jihadist material on the Internet and traveling to Yemen in 2004 to receive terrorist training, is set to wrap up on December 16, and could provide an important precedent for what exactly constitutes material support to terrorists (Boston Globe). Mehanna's lawyers argue that he was exercising his right to free speech by translating and disseminating al-Qaeda material, and that translation of the documents alone should not constitute "material support."

Carlos the Jackal receives second life sentence

Venezuelan-born "Carlos the Jackal" was convicted and sentenced to life in prison in France on December 16 for his involvement in bomb attacks on two trains, a train station, and a newspaper office in France in 1982 and 1983 that killed 11 people and injured more than 100 (APBBCCNNDeutsche WelleTelGuardianLATReuters). The self-identified revolutionary and member of the Popular Front for the Liberation of Palestine has been serving another life sentence in France since 1997 for shooting and killing two French secret agents and a government informant in 1975.

A jury in Australia on December 16 found Australian citizens of Lebanese and Somali origin Wissam Mahmoud Fattal, Nayev El Sayed, and Saney Edow Aweys guilty of plotting to attack Sydney's Holsworthy Army Barracks with automatic rifles in an attempts to kill as many soldiers as possible (APAFPBBCSMH). Supreme Court Justice Betty King sentenced the men to 18 years in prison, telling the men "none of you, not one...recanted from any extremist view that you held," making them a continued danger to the community. 

A British Appeals Court on December 14 ordered the government to ask the United States to release Pakistani citizen Yunus Rahmatullah from the U.S.-run Bagram prison in Afghanistan, where he has been held without trial for over seven years (Guardian). Rahmatullah was detained by Britain's Special Air Service (SAS) in 2004 accused of being a member of an al-Qaeda-linked organization, and handed over to American forces, but the three-judge appeal panel ruled that his detention is unlawful.

Trials and Tribulations

  • Yemeni authorities said on December 13 that they had arrested six al-Qaeda militants in he eastern province of al-Jawf who were allegedly plotting to attack senior government officials and foreign diplomats (AP).
  • Somalia's al-Shabaab militant group and the Kenyan military are currently involved not only in a physical conflict, but also a vicious war of words over Twitter, which al-Shabaab has recently embraced and shown a proclivity for pithy, stinging tweets (NYT).
  • An alleged member of the Basque separatist group ETA is fighting extradition from the United Kingdom to Spain to face a trial for allegedly murdering a police officer, assisting several bomb attakcs, and plotting to kill the King of Spain (AFP). 

Brennan Linsley-Pool/Getty Images