Friday, May 28, 2004 11:39 a.m. EDT
Iraq and 9/11: What the Judge Said
In light of Thursday's Wall Street Journal report detailing new evidence tying Iraq to the 9/11 attacks, it's worth noting that the only time the question of an Iraq-9/11 connection has been legally tested, the verdict was affirmative.
In a woefully underreported decision on May 8, 2003, Manhattan U.S. District Court Judge Harold Baer ruled in favor of two 9/11 victim families who had sued Iraq and others claiming they were culpable in the attacks. The court awarded plaintiffs $104 million based on the Baer's findings.
The ruling by Judge Baer - a Carter appointee, by the way - was quite detailed. In fact, we suspect that the reason for the media's near-blackout on the case is because most Americans would consider his findings to be very persuasive.
Here, in part, is what Judge Baer had to say about the Iraq-9/11 connection:
"The opinion testimony of the plaintiffs' experts is sufficient to meet plaintiffs' burden that Iraq collaborated in or supported bin Laden/al Qaeda's terrorist acts of September 11. . .
"Their opinions, coupled with their qualifications as experts on this issue, provide a sufficient basis for a reasonable jury to draw inferences which could lead to the conclusion that Iraq provided material support to al Qaeda and that it did so with knowledge and intent to further al Qaeda's criminal acts."
Judge Baer continued:
"[Former CIA] Director [James] Woolsey reviewed several facts that tended in his view to show Iraq's involvement in acts of terrorism against the United States in general and likely in the events of September 11 specifically.
"First, Director Woolsey described the existence of a highly secure military facility in Iraq where non-Iraqi fundamentalists [e.g., Egyptians and Saudis] are trained in airplane hijacking and other forms of terrorism. Through satellite imagery and the testimony of three Iraqi defectors, [he] demonstrated the existence of this facility, called Salman Pak, which has an airplane but no runway.
"The defectors also stated that these fundamentalists were taught methods of hijacking using utensils or short knives. Plaintiffs contend it is farfetched to believe that Iraqi agents trained fundamentalists in a top-secret facility for any purpose other than to promote terrorism.
"Second, Director Woolsey mentioned a meeting that allegedly occurred in Prague in April 2001 between Mohammad Atta, the apparent leader of the hijackings, and a high-level Iraqi intelligence agent. According to James Woolsey, the evidence indicates that this was an 'operational meeting' because Atta flew to the Czech Republic and then returned to the United States shortly afterwards. The Minister of Interior of the Czech Republic, Stanislav Gross, stated on October 26, 2001:
"'In this moment we can confirm, that during the next stay of Muhammad Atta in the Czech republic there was the contact with the official of the Iraqi Intelligence, Mr. Al Ani, Ahmed Khalin Ibrahim Samir, who was on 22nd April 2001 expelled from the Czech Republic on the basis of activities which were not compatible with the diplomatic status . . . '
"Third, Director Woolsey noted that his conclusion was also based on 'contacts,' which refer to interactions between Hussein/Iraq and bin Laden/al Qaeda that are described in a letter from George Tenet, the Director of Central Intelligence, to Senator Bob Graham on October 7, 2002. Director Tenet's carefully worded letter included in substance the same allegations, but with less detail, that Secretary of State Colin Powell made before the U.N. Security Counsel on Feb. 5, 2003, in his remarks about 'the potentially much more sinister nexus between Iraq and the al-Qaida terrorist network. . . .'
"Both Director Tenet and Secretary Powell mentioned 'senior level contacts' between Iraq and al Qaeda going back to the early 1990s [although both acknowledged that part of the interactions in the early to mid-1990s pertained to achieving a mutual non-aggression understanding]; both mentioned that al Qaeda sought to acquire poison gas and training in its use from Iraq; both mentioned that al Qaeda members have been in Iraq, including Baghdad, after September 2001. . . .
"Finally, plaintiffs also place considerable weight on an article that appeared in a regional Iraqi newspaper in July 2001, two months before the disaster of September 11. This article, a paean to bin Laden, mentions that bin Laden 1] 'will try to bomb the Pentagon after he destroys the White House,' 2] 'is insisting very convincingly that he will strike America on the arm that is already hurting,' and 3] 'will curse the memory of Frank Sinatra every time he hears his songs.' See Exs. 16-18, Naeem Abd Muhalhal, America, An Obsession Called Osama Bin Ladin, Al-Nasiriya, July 21, 2001 [original, translation, and certificate of accuracy of translation].
"Because, according to Director Woolsey, 'all publications in Iraq really appear at the sufferance of and with a full vetting by the Iraqi regime,' see Tr. 158, and because of the coincidences and the fact that '[t]here is a certain propensity, I think, on bin Laden's part and on Saddam's part ... to try to communicate in somewhat vague terms,' Director Woolsey concluded that there is a probability of a vague foreknowledge of what was contemplated. See Tr. 159." [End of Excerpt]
Judge Baer also found the testimony of terrorism expert Dr. Laurie Mylroie persuasive, writing:
"Dr. Mylroie described Iraq's covert involvement in acts of terrorism against the United States in the past, including the bombing of the World Trade Center in 1993. Dr. Mylroie testified to at least four events that served as the basis for her conclusion that Iraq played a role in the September 11 tragedy:
"First, she claimed that Iraq provided and continues to provide support to two of the main perpetrators of the bombing of the World Trade Center in 1993. Specifically, Abdul Rahman Yasin returned to Baghdad after the bombing and Iraq has provided him safe haven ever since. See Tr. 175-76. Also, Ramsey Yusef arrived in the United States on an Iraqi passport in his own name but left on false documentation - a passport of a Pakistani who was living in Kuwait and whom the Kuwaiti government kept a file on at the time that Iraq invaded Kuwait. See Tr. 174.
"Second, she noted bin Laden's fatwah against the United States, which was motivated by the presence of U.S. forces in Saudi Arabia to fight the Gulf War against Iraq. See Tr. 177.
"Third, she noted that threats by bin Laden in late 1997 and early 1998 which led up to the bombing of the U.S. embassies [on August 7, 1998] were 'in lockstep' with Hussein's threats about ousting the U.N. weapons inspectors, which he eventually did on August 5, 1998. See Tr. 178-79.
"Dr. Mylroie concluded that 'Iraq, I believe, did provide support and resources for the September 11 attacks. I agree with [Iraqi defector] Captain [Sabah] Khodada when he said that ... it took a state like Iraq to carry out an attack as really sophisticated, massive and deadly as what happened on September 11.' See Tr. 182." [End of Excerpt]
To be sure, Judge Baer also noted that the case for Iraq's involvement in 9/11 is far from a slam dunk, concluding, "Plaintiffs have shown, albeit barely, 'by evidence satisfactory to the court' that Iraq provided material support to bin Laden and al Qaeda."
Nevertheless, that's a far cry from media claims - not to mention President Bush's incredibly ill-advised statement last fall - that there's no evidence tying Iraq to 9/11.The opinion testimony of the plaintiffs' experts is sufficient to meet plaintiffs' burden that Iraq collaborated in or supported bin Laden/al Qaeda's terrorist acts of September 11. . .
Iraq and 9/11: What the Judge Said
In light of Thursday's Wall Street Journal report detailing new evidence tying Iraq to the 9/11 attacks, it's worth noting that the only time the question of an Iraq-9/11 connection has been legally tested, the verdict was affirmative.
In a woefully underreported decision on May 8, 2003, Manhattan U.S. District Court Judge Harold Baer ruled in favor of two 9/11 victim families who had sued Iraq and others claiming they were culpable in the attacks. The court awarded plaintiffs $104 million based on the Baer's findings.
The ruling by Judge Baer - a Carter appointee, by the way - was quite detailed. In fact, we suspect that the reason for the media's near-blackout on the case is because most Americans would consider his findings to be very persuasive.
Here, in part, is what Judge Baer had to say about the Iraq-9/11 connection:
"The opinion testimony of the plaintiffs' experts is sufficient to meet plaintiffs' burden that Iraq collaborated in or supported bin Laden/al Qaeda's terrorist acts of September 11. . .
"Their opinions, coupled with their qualifications as experts on this issue, provide a sufficient basis for a reasonable jury to draw inferences which could lead to the conclusion that Iraq provided material support to al Qaeda and that it did so with knowledge and intent to further al Qaeda's criminal acts."
Judge Baer continued:
"[Former CIA] Director [James] Woolsey reviewed several facts that tended in his view to show Iraq's involvement in acts of terrorism against the United States in general and likely in the events of September 11 specifically.
"First, Director Woolsey described the existence of a highly secure military facility in Iraq where non-Iraqi fundamentalists [e.g., Egyptians and Saudis] are trained in airplane hijacking and other forms of terrorism. Through satellite imagery and the testimony of three Iraqi defectors, [he] demonstrated the existence of this facility, called Salman Pak, which has an airplane but no runway.
"The defectors also stated that these fundamentalists were taught methods of hijacking using utensils or short knives. Plaintiffs contend it is farfetched to believe that Iraqi agents trained fundamentalists in a top-secret facility for any purpose other than to promote terrorism.
"Second, Director Woolsey mentioned a meeting that allegedly occurred in Prague in April 2001 between Mohammad Atta, the apparent leader of the hijackings, and a high-level Iraqi intelligence agent. According to James Woolsey, the evidence indicates that this was an 'operational meeting' because Atta flew to the Czech Republic and then returned to the United States shortly afterwards. The Minister of Interior of the Czech Republic, Stanislav Gross, stated on October 26, 2001:
"'In this moment we can confirm, that during the next stay of Muhammad Atta in the Czech republic there was the contact with the official of the Iraqi Intelligence, Mr. Al Ani, Ahmed Khalin Ibrahim Samir, who was on 22nd April 2001 expelled from the Czech Republic on the basis of activities which were not compatible with the diplomatic status . . . '
"Third, Director Woolsey noted that his conclusion was also based on 'contacts,' which refer to interactions between Hussein/Iraq and bin Laden/al Qaeda that are described in a letter from George Tenet, the Director of Central Intelligence, to Senator Bob Graham on October 7, 2002. Director Tenet's carefully worded letter included in substance the same allegations, but with less detail, that Secretary of State Colin Powell made before the U.N. Security Counsel on Feb. 5, 2003, in his remarks about 'the potentially much more sinister nexus between Iraq and the al-Qaida terrorist network. . . .'
"Both Director Tenet and Secretary Powell mentioned 'senior level contacts' between Iraq and al Qaeda going back to the early 1990s [although both acknowledged that part of the interactions in the early to mid-1990s pertained to achieving a mutual non-aggression understanding]; both mentioned that al Qaeda sought to acquire poison gas and training in its use from Iraq; both mentioned that al Qaeda members have been in Iraq, including Baghdad, after September 2001. . . .
"Finally, plaintiffs also place considerable weight on an article that appeared in a regional Iraqi newspaper in July 2001, two months before the disaster of September 11. This article, a paean to bin Laden, mentions that bin Laden 1] 'will try to bomb the Pentagon after he destroys the White House,' 2] 'is insisting very convincingly that he will strike America on the arm that is already hurting,' and 3] 'will curse the memory of Frank Sinatra every time he hears his songs.' See Exs. 16-18, Naeem Abd Muhalhal, America, An Obsession Called Osama Bin Ladin, Al-Nasiriya, July 21, 2001 [original, translation, and certificate of accuracy of translation].
"Because, according to Director Woolsey, 'all publications in Iraq really appear at the sufferance of and with a full vetting by the Iraqi regime,' see Tr. 158, and because of the coincidences and the fact that '[t]here is a certain propensity, I think, on bin Laden's part and on Saddam's part ... to try to communicate in somewhat vague terms,' Director Woolsey concluded that there is a probability of a vague foreknowledge of what was contemplated. See Tr. 159." [End of Excerpt]
Judge Baer also found the testimony of terrorism expert Dr. Laurie Mylroie persuasive, writing:
"Dr. Mylroie described Iraq's covert involvement in acts of terrorism against the United States in the past, including the bombing of the World Trade Center in 1993. Dr. Mylroie testified to at least four events that served as the basis for her conclusion that Iraq played a role in the September 11 tragedy:
"First, she claimed that Iraq provided and continues to provide support to two of the main perpetrators of the bombing of the World Trade Center in 1993. Specifically, Abdul Rahman Yasin returned to Baghdad after the bombing and Iraq has provided him safe haven ever since. See Tr. 175-76. Also, Ramsey Yusef arrived in the United States on an Iraqi passport in his own name but left on false documentation - a passport of a Pakistani who was living in Kuwait and whom the Kuwaiti government kept a file on at the time that Iraq invaded Kuwait. See Tr. 174.
"Second, she noted bin Laden's fatwah against the United States, which was motivated by the presence of U.S. forces in Saudi Arabia to fight the Gulf War against Iraq. See Tr. 177.
"Third, she noted that threats by bin Laden in late 1997 and early 1998 which led up to the bombing of the U.S. embassies [on August 7, 1998] were 'in lockstep' with Hussein's threats about ousting the U.N. weapons inspectors, which he eventually did on August 5, 1998. See Tr. 178-79.
"Dr. Mylroie concluded that 'Iraq, I believe, did provide support and resources for the September 11 attacks. I agree with [Iraqi defector] Captain [Sabah] Khodada when he said that ... it took a state like Iraq to carry out an attack as really sophisticated, massive and deadly as what happened on September 11.' See Tr. 182." [End of Excerpt]
To be sure, Judge Baer also noted that the case for Iraq's involvement in 9/11 is far from a slam dunk, concluding, "Plaintiffs have shown, albeit barely, 'by evidence satisfactory to the court' that Iraq provided material support to bin Laden and al Qaeda."
Nevertheless, that's a far cry from media claims - not to mention President Bush's incredibly ill-advised statement last fall - that there's no evidence tying Iraq to 9/11.The opinion testimony of the plaintiffs' experts is sufficient to meet plaintiffs' burden that Iraq collaborated in or supported bin Laden/al Qaeda's terrorist acts of September 11. . .
