Kuwaiti 12

Kuwait helps pay detainees’ legal bills: Washington Times

In this morning’s Washington Times:

Three U.S. law firms and a public relations company have received millions of dollars from a Middle Eastern organization partly financed by the Kuwaiti government to work for families of Kuwaiti men detained at the U.S. Naval Base Guantanamo Bay, Cuba, public records show.

The legal work, funded by the Kuwait-based International Counsel Bureau (ICB), has figured prominently in court proceedings that have gone all the way to the U.S. Supreme Court, including last month’s 5-4 ruling giving the detainees the right to have their cases heard in U.S. courts.

The ICB gets at least some of its funding to hire U.S. lawyers through the Kuwaiti government, records show.

“We understand that the government of Kuwait makes financial contributions for the legal fees and expenses of the International Counsel Bureau,” D.C. lawyer Thomas B. Wilner stated in a public filing with the Justice Department in 2005.

The Kuwaiti Embassy in Washington did not return telephone messages concerning the nature of the country’s relationship with the ICB.

Among the most prominent lawyers working on the Guantanamo litigation, Mr. Wilner is a partner at Shearman & Sterling LLP, which received more than $1 million from the Kuwait-based group. ICB has paid nearly $4 million overall to the U.S. firms, according to Justice Department and U.S. Senate lobbying records.

“This is not a case where the firm profited financially,” Mr. Wilner said. “We put more time and effort in this case than all the other firms combined.”

Shearman & Sterling spokesman Peter Horowitz said the firm donated about $1.5 million in proceeds it received from its work for Guantanamo detainees to the not-for-profit Regional Plan Association in New York, which seeks to shape transportation systems, protect open spaces and promote better community design for a 31-county area of New York, New Jersey and Connecticut.

Still, the fee arrangements between the Kuwaiti group and U.S. firms have prompted sharp criticism in recent years from Debra Burlingame, co-founder of 9/11 Families for a Safe & Strong America, who has questioned the flow of foreign money for lawyers involved in U.S. judicial proceedings on national security issues.

Most U.S. law firms working on behalf of Guantanamo detainees are doing so at no charge. More than 50 firms were honored last year for doing pro bono work for detainees at a ceremony in Washington hosted by the National Legal Aid & Defender Association. Among the firms was Shearman & Sterling.

A spokesman for the legal aid group said the organization wasn’t aware that Shearman & Sterling had worked on a fee basis. Mr. Wilner said the firm has been working pro bono since 2005, though it continued receiving fees from the ICB until 2006. Mr. Wilner said those fees were for work performed during 2005 and earlier.

The idea that all of the lawyers here are working pro bono isn’t true. It just makes the cause look more noble,” Ms. Burlingame said.

According to its Web site, ICB was founded in 1994 by Abdul Rahman R. Al-Haroun, former manager for the corporate department of the Kuwaiti National Petroleum Co. The firm’s other partner, Ghazi Al Qahtani, joined in 1998 after 23 years with the Kuwait Oil Co., where he was general counsel and head of the company’s legal-affairs group, according to the bureau.

In written and public testimony for a congressional hearing last year, Ms. Burlingame accused Shearman & Sterling and other firms hired by ICB of “cashing in.” In comments that echoed previous statements by Ms. Burlingame on the editorial pages of the Wall Street Journal, she also criticized the firms for accepting “millions of dollars in fees in furtherance of acquiring the release of committed [jihadis] from U.S. custody while men and women of the U.S. armed services are under fire in Iraq and Afghanistan.”

In response, a Shearman lawyer rebutted Ms. Burlingame’s comments in a letter to Sen. Dianne Feinstein, California Democrat, a copy of which the firm provided to The Washington Times.

“We decided to undertake the representation because of the important constitutional principle at stake: the right of any individual detained within the jurisdiction and control of the U.S. government to have a fair hearing before a neutral judge to decide whether they should continue to be held indefinitely or should be charged, tried and, if convicted, punished,” Shearman lawyer Rohan S. Weerasinghe wrote.

Two other U.S. firms also have received funds from ICB: Arnold & Porter LLP and Pillsbury Winthrop Shaw Pittman LLP.

Arnold & Porter declined to comment for this article. The firm reported about $75,000 in fees from ICB during the first half of 2006 in Justice Department filings. It also has reported an additional $250,000 in fees in recent years in U.S. Senate lobbying reports.

Arnold & Porter has lobbied Congress, the Justice Department, the State Department and the Defense Department on “issues related to efforts to obtain due process for the Kuwaiti detainees in U.S. custody in Guantanamo Bay,” according to lobbying reports.

A third firm hired by the ICB, Pillsbury Winthrop Shaw Pittman, provided legal counsel in the recent Supreme Court case, Al Odah v. United States, which gave detainees the right to have their cases tried in U.S. courts. Through the last five months of last year and all of January, the firm reported more than $250,000 in fees and expenses from ICB, according to foreign-agent filings at the Justice Department.

Among the firm’s charges were meal and travel costs for two Pillsbury lawyers to go to Cuba in August 2007 to “meet with clients at Guantanamo Bay to discuss legal strategy regarding actions taken against the clients by the U.S. government,” according to the filings.

The firm also reported contacts with numerous major media outlets concerning detainee issues, including The Washington Post, the New York Times, the Los Angeles Times, CBS News and Al Jazeera.

Pillsbury lawyer David J. Cynamon declined to respond to questions concerning ICB for this article, saying that “as an attorney, I cannot and will not comment on matters concerning client relationships.” In a Pillsbury news release after the Supreme Court decision, Mr. Cynamon called the ruling “a complete victory not only for our clients, but for all Americans and citizens the world over, and, most importantly, for the rule of law.”

Lawyers aren’t the only ones receiving fees from the ICB.

The Kuwait-based group also has financed a public relations campaign run by Levick Strategic Communications in Washington, making hundreds of e-mails and telephone calls to reporters at dozens of media outlets across the country, including The Washington Times.

According to Justice Department filings, the firm – which also has represented the Executive Office of Dubai – contacts media outlets to “generate support for adherence to the June 2003 and June 2006 decision by the Supreme Court with regard to due process for the detainees held at Guantanamo Bay.”

The firm also reported contacts with the American Civil Liberties Union earlier this year for “possible collaboration on the orange-ribbon movement to shut down Guantanamo,” according to Justice Department filings.

Levick Senior Vice President Gene Grabowski, a former reporter for The Washington Times, said the public-relations firm wasn’t working to free the detainees, but rather to focus public attention on why the men should be given a fair trial in U.S. courts.

“We were engaged to make the case … give them a real trial. It was never about freedom,” Mr. Grabowski said. “If they’re found guilty, they should be punished. We’re not arguing for their blanket freedom.”

Still, Richard Levick, who founded Levick, noted in a December 2005 article for an online trade publication, www.workinpr.com, “To date, six of the detainees have been set free, and the legal and public relations teams continue to coordinate efforts to help free the remaining six.”

Mr. Grabowski said that his boss’s comments were “not quite accurate,” adding that “our goal was never to set them free. Our goal was to get them a fair trial.”

In the article, titled “How a Media Campaign Helped Turn the Guantanamo Tide,” Mr. Levick wrote that while “legal and PR strategies don’t overlap,” the public relations campaign included a “news feed” of dozens of opinion pieces by Mr. Wilner, the Shearman lawyer, and Khalid Al-Odah, a father of one of the detainees, to raise awareness about Guantanamo detainees.

“In turn, such public awareness would ensure that judges knew that people were paying attention, that the prisoners weren’t forgotten, and that it was indeed a viable as well as correct position to affirm due process in this situation,” Mr. Levick wrote.

Mr. Grabowski said ICB serves as the Kuwaiti law firm for a group called the Kuwaiti Family Committee, which he said is made up of the families of current or former Kuwaiti Guantanamo Bay detainees. He said the funding from ICB initially came from the families, but “now there is some help from the Kuwaiti government.”

Al Qaeda made movie of Mosul murder of Muslims by ex-Guantanamo detainee (no lawyers were harmed)

Former “Lion of Guantanamo” detainee Abdullah Salih al Ajmi once wrote that he wanted to take his “lawyer, Miranda,” with him when he went. But he must of lied to the poor girl. Bill Roggio’s excellent Long War Journal report today says when al Ajmi blew himself sky high in Iraq, he murdered 13 Muslims (and apparently none of them had a law degree):

“On the morning of March 23, 2008, an Easter Sunday, a massive blast rocked the northern Iraqi city of Mosul. Eight kilometers away at Forward Operating Base Marez, the US Military Transition Team for the 6th Brigade, 2nd Iraqi Army Division, prepared for the worst. The blast was so large many thought incoming rounds landed close by inside the base. But a large plume rising in the distance in the northwest made it clear a very large suicide vehicle attack just occurred inside Mosul.”

March 23, 2008, Mosul, Iraq

Before reading the rest of Roggio’s report, there is a shining example of a fool that you must see and hear, one of al Qaeda’s lawyers. On October 5, 2006, Mark Falkoff seemed pleased to be doing the closing act — starting off with al Ajmi’s poetry — of the Guantanamo Bay Bar Association’s “teach in” at Seton Hall University. Why not be pleased? Hundreds of American colleges had promoted the event, classrooms and student lounges had set up special viewings, he was streaming live acoss the Internet, and, undoubtably, sales would spike that evening. In this short Windows Media Video, Falkoff is introduced by Seton Hall law professor Mark Denbeaux:

Mark Falkoff video

Yet ‘My Captive Lawyer, Miranda’ somehow escaped before the book went to print (see list of contents).

Currently streaming across the Internet is the video of al Ajmi blowing himself up. As it is long and just another blah, blah, blah, two booms and some bodies al Qaeda B-movie, I’ll intersperse a non-graphic sequence of his departure (with 13 innocent Muslims in tow) in with excepts from two of Bill Roggio’s reports (with his permission):

July 1, 2008, by Bill Roggio
“In early May of this year, news organizations reported a Kuwaiti carried out suicide attacks in Mosul just weeks prior. The reports were based on information from the US Department of Defense and reports from the family. Abdullah Salih al Ajmi, a former detainee at Guantanamo Bay was reported to have conducted a suicide bombing at the Umm Al Rumman police station in Mosul on April 26. Seven policemen were killed and 26 Iraqis were wounded in the attack.

“The report created a stir as Ajmi is the first former detainee confirmed to have conducted a suicide attack against US forces.

“But an al Qaeda in Iraq propaganda tape released on June 23 cast serious doubt on the report that Ajmi was involved in the April 26 attack. The tape, titled “The Islamic State is Meant to Stay,” showed footage of several suicide attacks in Mosul. Towards the end of the tape al Qaeda highlights the attacks of two Kuwaitis, Ajmi and another al Qaeda bomber known as Badr Mishel Gama’an al Harbi.

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al Ajmi is in the left front. al Harbi is in the center, Click to enlarge all photos.

“Ajmi’s image is shown just prior to footage of the attack on Combat Outpost Inman. Video is then shown of the attack from the distance. Images of the aftermath of the attack taken by this journalist were then shown. Al Qaeda in Iraq is clearly stating Ajmi was behind the March 23 attack on Inman.”

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al Ajmi in a Kuwait news report photo after he was released from Guantanamo.

“Nibras Kazimi, an Iraq expert and a Visiting Scholar at the Hudson Institute who first reported on the tape, confirmed the footage proves Ajmi was behind the March 23 attack in Mosul. “The tape makes it clear that Ajmi performed the Harmat Apartments [the location of Combat Outpost Inman] attack,” Kazimi told The Long War Journal. “Harbi was given credit for the Umm Al Rumman attack on a police station.””

“The reason for the confusion of the identity of the bomber is unclear, but Kazimi speculated the family was in the dark on the exact date of the attack, and a name change may have added to the confusion. The press accounts reported Ajmi’s family said he was killed “weeks prior” but they did not give an exact date.

“”I think the confusion arose when al Ajmi’s family received word that their son had been ‘martyred’ in an attack in Mosul, Kazimi said. “The family did not specify the date of the attack, maybe they didn’t know themselves and people assumed that it was the April 26 attack that they were talking about.””

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“Ajmi also “changed his pseudonym from Abu Hajer al Muhajir to Abu Juhaiman al-Kuwaiti, while the pseudonym of the April 26 attacker was Abu Umar al Kuwaiti.,” Kazimi said. “So, the military folks could have heard that some ‘Kuwaiti’ was behind the April 26 and added this to what al Ajmi’s family had said, and erroneously reached the concluded that al Ajmi performed the April 26 attack.” The blast at Combat Outpost Inman was so large that the bomber’s remains were never recovered, so a DNA test was never performed.”

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“US military’s summary of evidence memo used at his hearing at Guantanamo Bay states Ajmi admitted to being a Taliban operative who went to Afghanistan to fight alongside the Taliban. Ajmi admitted to going absent without leave from the Kuwaiti military after he was denied permission to travel to Afghanistan. Ajmi “wanted to participate in the jihad in Afghanistan.”

“Upon his arrival in Afghanistan, Ajmi was “issued an AK-47, ammunition and hand grenades by the Taliban” and fought against the US-backed Northern Alliance in the Bagram region. As the Taliban suffered defeats, Ajmi “retreated to the Tora Bora region of Afghanistan and was later captured as he attempted to escape to Pakistan.” The battle of Tora Bora was the last stand for al Qaeda and the Taliban. The terrorists covered the retreat of the senior leadership cadre, including Osama bin Laden.

“The US military determined that Ajmi was “committed to Jihad” due to his past statements, his behavior while in detention, and his activities in Afghanistan. The US military said Ajmi was “a continued threat to the United States and its allies.”

“Ajmi told his captors at Guantanamo that before his case went to trial, he wanted it to be known that “he now is a Jihadist, an enemy combatant, and that he will kill as many Americans as he possibly can.” Ajmi was “constantly in trouble” due to his “aggressive and non-compliant” behavior while in detention, the military said.”

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“Ajmi’s lawyers and supporters claim he was driven to jihad after his detention and “torture,” which has never been proven. But his supporters never answer the question as to how purported mistreatment at a US military prison justified Ajmi’s decision to carry out a suicide truck bomb attack against fellow Muslims in Iraq. Nor have they addressed Ajmi’s admission of fighting alongside the Taliban at critical battle of Tora Bora. Instead, the word of a known suicide bomber and avowed jihadist is taken at face value while the US military is blamed for the actions of a known terrorist.”

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March 23, 2008, by Bill Roggio
“MOSUL, IRAQ: Al Qaeda in Iraq pulled off a highly successful suicide truck bombing today in western Mosul. Thirteen Iraqi soldiers from the 1st Battalion, 3rd Brigade of the 2nd Iraqi Army division were killed and 42 were wounded after a suicide bomber drove a truck packed with explosives and detonated it in the center of Combat Outpost Inman. Three officers and nine enlisted soldiers were among those killed. Eight other soldiers suffered serious injuries and were evacuated to Forward Operating Marez for medical treatment.

“The devastation of the attack was visible immediately upon entering the combat outpost. An al Qaeda suicide bomber drove an armored dump truck with an estimated 10,000 pounds of explosives through the gate and detonated it directly in the middle of the compound.

“The ambulance blocking the gate lay on its side. The façades of three buildings that served as the command post and barracks for the Iraqi battalion based there were shattered. Humvees, fuel trucks, ambulances, and even a Mine Resistant Ambush Vehicle, were shattered or heavily damaged. A massive crater sat between the three buildings. The Iraqi soldiers were laying out their dead and treating their wounded in the wreckage.

“Thirteen Iraqi soldiers were killed and 43 wounded in the attack. Civilians in buildings adjacent to the outpost were also wounded. Windows in buildings thousands of feet away were shattered from the resultant pressure wave.

“The blast destroyed the façades of the three buildings, including the building housing the battalion headquarters. Twelve of the Iraqi soldiers were killed on the spot, and the thirteenth later died of wounds in the hospital. Vehicles inside the outpost were destroyed or heavily damaged in the massive blast. Two ambulances were on fire, while a diesel fuel truck was twisted and lying on its side.

“Iraqi and US forces sent reinforcements to the scene to secure the area. US tanks, Bradleys, and armored Humvees surrounded the scene as Iraqi soldiers from the 2nd Brigade, 2nd Division entered the outpost to conduct recovery operations. Wounded soldiers were treated by Iraqi and US medics. Twenty-eight Iraqi soldiers were evacuated to the medical facility at Forward Operating Marez.

While it comes as no surprise that al Qaeda lifts copyrighted photographs to use in their propaganda, it angers many to see and hear al Qaeda’s American lawyers foolishly using the enemy’s propaganda to help set them free.

By the way, none of the defense lawyers al Ajmi saw or spoke with while in United States custody were women.