Monday, November 28, 2011

11/26: Justice Denied - Propublica & PBS Frontline

nov 28th, 2011 CE

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American Behind India’s 9/11: How U.S. Botched Chances to Stop Him  by Sebastian Rotella - Nov. 22, 2011

This story was co-published with PBS FRONTLINE

PROLOGUE: Justice Denied

During a meeting overseas last summer, a senior U.S. official and Gen. Ashfaq Parvez Kayani, the chief of Pakistan’s armed forces, discussed a threat that has strained the troubled U.S.-Pakistani relationship since the 2008 Mumbai attacks: the Lashkar-i-Taiba militant group.

The senior U.S. official expressed concern that Zaki-ur-Rehman Lakhvi, a terrorist chief arrested for the brutal attacks in India, was still directing Lashkar operations while in custody, according to a U.S. government memo viewed by ProPublica. Gen. Kayani responded that Pakistan’s spy agency, the Inter-Services Intelligence Directorate (ISI), had told prison authorities to better control Lakhvi’s access to the outside world, the memo says. But Kayani rejected a U.S. request that authorities take away the cell phone Lakhvi was using in jail, according to the memo to Secretary of State Hillary Clinton and the National Security Council.

The meeting was emblematic of the lack of progress three years after Lashkar and the ISI allegedly teamed up to kill 166 people in Mumbai, the most sophisticated and spectacular terror strike since the September 11 attacks. The U.S. government filed unprecedented charges against an ISI officer in the deaths of six Americans. Yet, Pakistani authorities have not arrested him or other accused masterminds. The failure to crack down on the jailed Lakhvi, whose trial has stalled, raises fears of new attacks on India and the West, counterterror officials say.

“Lakhvi is still the military chief of Lashkar,” a U.S. counterterror official said in an interview. “He is in custody but has not been replaced. And he still has access and ability to be the military chief. Don’t assume a Western view of what custody is.”

In the United States, stubborn questions persist about the case’s star witness, David Coleman Headley, a confessed Lashkar operative and ISI spy. The Pakistani-American’s testimony at a trial in Chicago this year revealed the ISI’s role in the Mumbai attacks and a plot against Denmark. It was the strongest public evidence to date of ISI complicity in terrorism.

But the trial shed little light on Headley’s past as a U.S. Drug Enforcement Administration informant and the failure of U.S. agencies to pursue repeated warnings over seven years that could have stopped his lethal odyssey sooner — and perhaps prevented the Mumbai attack.

U.S. officials say Headley simply slipped through the cracks. If that is true, his story is a trail of bureaucratic dysfunction. But if his ties to the U.S. government were more extensive than disclosed — as widely believed in India — an operative may have gone rogue with tragic results. Both scenarios reveal the kind of breakdowns that the government has spent billions to correct since the Sept. 11 attacks.

The Obama administration has not discussed results of an internal review of the case conducted last year, or disclosed whether any officials have been held accountable.

During an interview in Delhi, former Indian Home Secretary G.K. Pillai asserted that U.S. authorities know more about Headley than they have publicly stated. Several senior Indian security officials said they believe that U.S. warnings provided to India before the Mumbai attacks came partly from knowledge of Headley’s activities. They believe he remained a U.S. operative.

“David Coleman Headley, in my opinion, was a double agent,” said Pillai, who served in the top security post until this past summer. “He was working for both the U.S. and for Lashkar and the ISI.”

The CIA, FBI and DEA deny such allegations.

An investigation by ProPublica and FRONTLINE during the past year did not find proof that Headley was working as a U.S. agent at the time of the attacks. But it did reveal new contradictions between the official version of events, Headley’s sworn testimony and detailed accounts of officials and others involved in the case. The reporting also turned up previously undisclosed opportunities for U.S. agencies to identify Headley as a terrorist threat, and new details about already-reported warnings.

U.S. and foreign officials say his role as an informant or ex-informant helped him elude detection as he was training in Pakistani terror camps and traveling back and forth to Mumbai to scout targets. And three counterterror sources say U.S. agencies learned enough about him to glean fragments of intelligence that contributed to the warnings to India about a developing plot against Mumbai.

In contrast, some U.S. officials say spotting a threat is harder than it seems. Glimmers of advance knowledge are part of the landscape of terrorism. In cases such as the Sept. 11 attacks and the 2004 Madrid train bombings, security forces had detected some of the suspects but not their plots.

“I just have to dispel some of these notions,” said Philip Mudd, a former top national security official at the FBI. “We look at a grain of sand and say … 'why couldn’t you put together the whole conspiracy when you saw that grain of sand?' Well, you got to reverse it. Every day coming into a threat brief, you’re not looking at a grain of sand and building a beach. You’re looking at a beach and trying to find a grain of sand.”

New information about the case comes partly from the DEA. After months of silence, DEA officials recently granted an interview with a ProPublica reporter and went over a timeline based on records about their former informant. The DEA officials said Headley’s relationship with the anti-drug agency was more limited than has been widely described.

The DEA officially deactivated Headley as a confidential source on March 27, 2002, according to a senior DEA official. That was weeks after he began training in Lashkar terror camps in Pakistan and six years before the Mumbai attacks. The senior official denied assertions that Headley had worked for the DEA in Pakistan while he trained with Lashkar in 2002 and beyond.

“The DEA did not send David Coleman Headley to Pakistan for the purpose of collecting post-9/11 information on terrorism or drugs,” the senior DEA official said.

The denial adds another version to a murky story. Officials at other U.S. agencies say Headley remained a DEA operative in some capacity until as late as 2005. Headley has testified that he did not stop working for the DEA until September 2002, when he had done two stints in the Lashkar camps.

Some U.S. officials and others involved say the government ended Headley’s probation for a drug conviction three years early in November 2001 to shift him from anti-drug work to gathering intelligence in Pakistan. They say the DEA discussed him with other agencies as a potential asset because of his links to Pakistan — including a supposed high-ranking relative in the ISI.

A senior European counterterror official who has investigated Headley in recent years thinks the American became an intelligence operative focused on terrorism.

“I don’t feel we got the whole story about Headley as an informant from the Americans,” the official said. “I think he was a drug informant and also some other kind of an informant.”

The transition from registered law enforcement source to secret counterterrorism operative would help explain the contradictory versions. But the duration and nature of intelligence work by Headley, if it was done, remain unknown.

Federal prosecutors and investigators declined to be interviewed on the record for this story. Pakistani officials, who also refused to be interviewed, have said they have cracked down on Lashkar and have denied that the ISI was involved in the Mumbai attacks.

Nonetheless, ProPublica and FRONTLINE talked to U.S. and foreign counterterror officials and other well-informed sources while reporting in the United States, India, Pakistan and Europe. A number of those officials and sources requested anonymity for their security or because they were not authorized to speak publicly about the sensitive case.

Headley was a wildly elusive figure who juggled allegiances with militant groups and security agencies, manipulating and betraying wives, friends and allies. He played a crucial role in an attack that had resounding international repercussions. And his unprecedented confessions opened a door into the secret world of terrorism and counterterrorism in South Asia — and closer to home.

Chapter 1: "The Prince"

David Coleman Headley is not his original name.

The 51-year-old was born Daood Gilani in Washington, D.C. His father, Syed Saleem Gilani, was a renowned Pakistani broadcaster. His mother, Serrill Headley, was a free spirit from a wealthy Philadelphia family. They moved to Pakistan when he was a baby, but the parents divorced and Serrill returned alone.

David Headley, born Daood Gilani, with his mother, Serrill Headley.
David Headley, born Daood Gilani, with his mother, Serrill Headley. (PBS FRONTLINE)

Headley grew up in an environment of Pakistani nationalism and Islamic conservatism. During a war with India in 1971, a stray bomb hit his elementary school in Karachi, killing two people. The incident stoked his hatred of India, according to his later accounts.

Headley attended the Hasan Abdal Cadet College, where he met his friend Tahawwur Rana. During testimony at Rana’s trial this year in Chicago, Headley said he was proud of studying at the elite military school, though he did not graduate. He described Rana as a “very good” student and himself as “very bad.”

Rana’s wife recalled an anecdote about Headley’s approach to morning prayers. 

Story continued below >>> 


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