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| Five Myths About Rendition (not the movie) | |
| 2007-10-21 | |
| By Daniel Benjamin With hearings in Congress, legal cases bouncing up to the Supreme Court and complaints from Canada and our European allies, the issue of rendition is everywhere. There's even a new, eponymously titled movie in a theater near you, starring Reese Witherspoon as a bereft wife whose innocent husband gets kidnapped and Meryl Streep as the frosty CIA chief who ordered the snatch. Like most covert actions and much of the war on al-Qaeda, the practice is shrouded in mystery -- and, increasingly, the suspicion that it's synonymous with torture and lawlessness. In fact, the term "rendition" in the counterterrorism context means nothing more than moving someone from one country to another, outside the formal process of extradition. For the CIA, rendition has become a key tool for getting terrorists from places where they're causing trouble to places where they can't. The problem is where these people are taken and what happens to them when they get there. As a former director for counterterrorism policy on the National Security Council staff, I've been involved with the issue of rendition for nearly a decade -- and some of the myths surrounding it need to be cleared up. 1. Rendition is something the Bush administration cooked up. Nope. George W. Bush was still struggling to coax oil out of the ground when the United States "rendered to justice" its first suspect from abroad. In 1987, President Ronald Reagan authorized an operation that lured Lebanese hijacker Fawaz Younis to a boat off the coast of Cyprus, where FBI agents arrested him. (Younis had participated in the 1985 hijacking of a Jordanian plane and was implicated in the hijacking of TWA Flight 847, which left a U.S. Navy diver dead.) President George H.W. Bush approved the kidnapping in 1990 of Mexican physician Humberto Alvarez Machain, who was believed to be involved in the torture and killing of a Drug Enforcement Administration official. Nothing says that renditions can involve only suspected terrorists; Israel's abduction of Nazi war criminal Adolf Eichmann in Argentina in 1960 could be called a rendition, though the term was not yet in use. Beginning in 1995, the Clinton administration turned up the speed with a full-fledged program to use rendition to disrupt terrorist plotting abroad. According to former director of central intelligence George J. Tenet, about 70 renditions were carried out before Sept. 11, 2001, most of them during the Clinton years. 2. People who are "rendered" inevitably end up in a foreign slammer -- or worse. Actually, that's not a foregone conclusion. Alvarez was brought to the United States. So was Mir Aimal Kansi, who killed two CIA employees in their cars outside the agency's Langley headquarters in 1993, and Ramzi Yousef, the architect of the 1993 bombing of the World Trade Center. Both were apprehended in Pakistan, whose leaders decided that the nation would rather not have those two -- folk heroes to some -- sitting in jail, awaiting extradition. Pakistan's leaders feared that cooperating with the United States would be dangerously unpopular, so they wanted the suspects out of the country quickly. For many pro-U.S. Muslim leaders, that concern has only deepened as anti-Americanism has soared. By my count, most renditions since 1995 have involved moving individuals from one foreign country to another -- not grabbing someone in Washington and carting them off to North Africa, as happens to Witherspoon's onscreen husband. Such operations typically occur in secret because, again, Muslim leaders (especially in the Arab world) want to shield their cooperation with Washington from their anti-American publics. The CIA has acted as a go-between, arranging the transfers and providing transportation. Usually those being rendered are not brought to the United States because, while the U.S. government may have an abundance of intelligence showing their malfeasance, it doesn't have enough courtroom evidence. There's a big difference between the two. One other safeguard: During the Clinton years, the United States required the country that received a rendered person to have some kind of legal process against the suspect -- an arrest warrant or indictment, for example. It's not clear whether that is still the case. Perhaps Michael Mukasey, President Bush's attorney general nominee, can check. 3. Step one of a rendition involves kidnapping the suspect. The individual may feel as though he's being kidnapped, but that's not usually what's going on. Most of the time, the person is detained by the authorities of the country he is in. They will then hand him off to the CIA, which will fly him to his destination. In rare cases when the country of residence is a hostile one, an "extraordinary rendition" can be carried out: a covert effort to abduct the suspect and spirit him out of the country. The CIA put considerable time into efforts to capture Osama bin Laden this way from Taliban-ruled Afghanistan in the late 1990s. Had it worked, it would have been an extraordinary rendition -- and Americans would have cheered. 4. Rendition is just a euphemism for outsourcing torture. Well, not historically. The guidelines for Clinton-era renditions required that subjects could be sent only to countries where they were not likely to be tortured -- countries that gave assurances to that effect and whose compliance was monitored by the State Department and the intelligence community. It's impossible to be certain that those standards were upheld every time, but serious efforts were made to see that they were. At a minimum, countries with indisputably lousy human rights records (say, Syria) were off-limits. Another key difference: Renditions before Bush were carried out to disrupt terrorist activity, not to gather intelligence or to interrogate individuals. Now, though, the Bush team seems to have dramatically eroded such safeguards.
5. Pretty much anyone -- including U.S. citizens and green card holders -- can be rendered these days. Not so, although the movie "Rendition" -- in which Witherspoon's Egyptian-born husband gets the black-hood treatment and is yanked from a U.S. airport and taken to a North African chamber of horrors -- is bound to spread this myth. A "U.S. person" (citizen or legal resident) has constitutional protections against being removed from the country through rendition, and there have been no incidents to suggest the contrary. In fairness, though, the ghastly case of Maher Arar -- a Syrian-born Canadian citizen who convincingly says he was detained at New York's JFK Airport, handed off to Syria and tortured -- is way too close for comfort. | |
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| Ludicrous US Asylum Policy Opens Door to Moslem Terrorists |
| 2004-06-17 |
| From Town Hall, an article by Michelle Malkin Do you know how the alleged "shopping-mall" bomber entered our country? He didnât cross the border illegally. He didnât sneak in on a ship. He came through the front door at Americaâs invitation. Nuradin M. Abdi, who was indicted last week for plotting with al Qaeda to blow up an Ohio shopping mall, flew here from Somalia and received bogus "refugee" status in 1999, according to authorities. Prosecutors allege that Abdi then fraudulently obtained a refugee travel document, which he used to fly to Ethiopia for jihad training. After returning, Abdi blended back into the American landscape along with tens of thousands of other refugees from a country known to be a breeding ground for Islamic terrorists. Columbus, Abdiâs home base, is home to more than 30,000 Somalis -- the second-largest Somali community in the United States, after Minneapolis. The Somali-al Qaeda connection is well-established. .... Not every Somalian refugee or asylum-seeker is a terrorist, of course. But the system for screening out the well-meaning from the menaces is completely overwhelmed. Claims of "credible fear of persecution" are almost impossible to document but are rarely rejected. Federal homeland security officials are unable to detain asylum-seekers for background checks without the civil liberties brigade screaming "racial profiling." And there is still a woeful shortage of detention space -- just 2,000 beds nationwide -- to hold those with suspect claims. As a result, thousands of refugees and asylum-seekers who have made flimsy claims of persecution are let loose. As the Department of Justiceâs inspector general reported, 97 percent of all asylum-seekers from any country who were released from immigration custody were never found again and deported. Abdiâs case cannot be viewed in isolation. At least three other high-profile Islamic militants that we know of exploited the asylum system over the past decade: * Ramzi Yousef landed at New York Cityâs JFK airport from Pakistan and flashed an Iraqi passport without a visa to inspectors. He was briefly detained for illegal entry and fingerprinted, but was allowed to remain in the country after invoking the magic words "political asylum." The then-INS released him because it didnât have enough space in its detention facility. Yousef headed to Jersey City to plot the 1993 World Trade Center bombing. |
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