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The Black Banners_ 9_11 and the War Against Al-Qaeda - Ali H. Soufan [157]

By Root 1392 0

Abu Jandal held his head high, and his body language displayed confidence and control. Our Yemeni partners had asked that their names not be said out loud—they didn’t want Abu Jandal to know who they were. They were apparently afraid of him.

When he had taken his seat across the table from Bob and me, with Yassir and Mahmoud against the wall, we began the interrogation. “Hello, Nasser,” I said in Arabic, using his first name to emphasize my familiarity with him. “My name is Ali Soufan, and I’m with the FBI.” I took out my FBI credentials and placed them in front of him on the table.

I wanted to take him out of his comfort zone: he was used to being feared and having deferential Yemeni guards. I wanted him to know that things were different now: he was with Americans and we weren’t scared. “And this is my colleague Bob McFadden, from the Naval Criminal Investigative Service,” I continued, pointing to Bob, who nodded, “and we’d like to ask you some questions. But first I want to advise you of your rights, which I will now read to you.”

Before I could continue, in one quick movement Abu Jandal stood up, swung his chair so that it faced away from us, and sat back down. Now he had his back to us. He turned his head to the side toward Yassir and Mahmoud, and told them, his brown eyes still glaring: “I will not talk directly to them. If there are any questions, you ask me, not these Americans. They can’t talk to me. You know the rules.” For the next few minutes he lectured them about how they should not allow Americans to question him.

Abu Jandal apparently had been told by sympathetic PSO officials that the Yemenis were meant to be intermediaries between us and any Yemenis we questioned. It was what we had agreed to during the Cole investigation. But the practice had been dropped: to Yassir and Mahmoud and most of the other Yemenis we worked with, it was seen as a waste of time. Why have them repeat, in Arabic, what I had just asked in Arabic? It made little sense and even made them look foolish, and so they had begun to let us speak directly in Arabic to the suspects.

When Abu Jandal finished his rant, I turned to Mahmoud and said dismissively in Arabic, “Go ahead, repeat what I said. If Nasser wants to waste his own time by hearing the same thing twice, that’s fine with me.” I wanted to show Abu Jandal that I wasn’t intimidated; nor did it matter to me if Mahmoud or Yassir had to repeat things. If he was trying to score any psychological points, he had failed. Abu Jandal was silent.

“His name is Ali Soufan, and he’s with the FBI. He wants to ask you some questions, but first he will read you your rights,” Mahmoud said.

“Okay,” Abu Jandal replied, looking at Mahmoud.

“Right,” I said. “Nasser al-Bahri, you have the right to remain silent. Anything you say can and will be used against you in a court of law . . .” I continued reading from the form in Arabic. After I had finished, I said: “Do you understand these rights as they have been read to you?” Silence from Abu Jandal. I nodded to Mahmoud.

“Nasser al-Bahri, you have the right to remain silent. Anything you say . . . ,” Mahmoud began, and he repeated verbatim in Arabic what I had just said in Arabic.

“I don’t need a lawyer, I can answer any question. I’m not afraid. I’ve done nothing wrong. I’ll answer your questions,” Abu Jandal replied, full of confidence.

“Will you sign a declaration saying you understand yours rights?” I asked.

Abu Jandal was silent. He still had his back to Bob and me and he stared at Mahmoud. Again Mahmoud repeated what I had said: “Will you sign a declaration saying that you understand your rights?”

“I won’t sign, but I verbally tell you it’s okay,” Abu Jandal replied.

“Okay,” I said. “So, Abu Jandal, how are you today?”

Silence. I nodded to Mahmoud. “How are you today?” Mahmoud repeated.

“Good,” Abu Jandal replied to him.

“Good,” Mahmoud told me. I noticed Abu Jandal smirking to himself; the skit amused him. “So you are Abu Jandal, bin Laden’s personal bodyguard?” I asked.

Silence. Mahmoud repeated the question.

“Yes,” he said,

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