Monday, January 30, 2006

Incompetent, evil, tin foil hat? All of them? Take your pick...

How else to explain why top al Qaeda operatives get out of Guantanamo, without a trial?

RABAT, Morocco -- For more than a decade, Osama bin Laden had few soldiers more devoted than Abdallah Tabarak. A former Moroccan transit worker, Tabarak served as a bodyguard for the al Qaeda leader, worked on his farm in Sudan and helped run a gemstone smuggling racket in Afghanistan, court records here show.

During the battle of Tora Bora in December 2001, when al Qaeda leaders were pinned down by U.S. forces, Tabarak sacrificed himself to engineer their escape. He headed toward the Pakistani border while making calls on Osama bin Laden's satellite phone as bin Laden and the others fled in the other direction.

Tabarak was captured and taken to the U.S. Navy base at Guantanamo Bay, Cuba, where he was classified as such a high-value prisoner that the Pentagon repeatedly denied requests by the International Committee of the Red Cross to see him. Then, after spending almost three years at the base, he was suddenly released.

Today, the al Qaeda loyalist known locally as the "emir" of Guantanamo walks the streets of his old neighborhood near Casablanca, more or less a free man. In a decision that neither the Pentagon nor Moroccan officials will explain publicly, Tabarak was transferred to Morocco in August 2004 and released from police custody four months later...

His case also highlights mysteries of U.S. priorities in deciding who to keep and who to let go. As the Pentagon gears up to hold its first military tribunals at Guantanamo after four years of preparations, it has released a prisoner it called a key operative. At the same time, it retains under heavy guard men whose background and significance are never discussed.

Eighteen months after he left Guantanamo, Tabarak, 50, still faces minor criminal offenses in Rabat, the capital, such as passport forgery and conspiracy. But his attorney predicts that it's only a matter of time before the case is dropped and all allegations of terrorist activities are dismissed.

This highlights another reason -besides closure- that people who weren't Bush extremists pushed for public trials of al Qaeda leaders early on.

Public trials not only give closure and finality and overt justice as a response to criminal actions, but they also serve as a check on the stupidity of the government.

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