The Black Banners_ 9_11 and the War Against Al-Qaeda - Ali H. Soufan [56]
By the end of the night, we had finished putting together a complaint and sent it to London. It was filed, and the British agreed to hold Fawwaz, Abdel Bary, and Eidarous. Pat D’Amuro appointed me case agent for Operation Challenge and told me to head to London, with Ken Karas, to ensure that there were no more mistakes, and that we would win the upcoming legal battle to extradite the three men to the United States for trial.
Our time in London turned out to be an extended version of that all-nighter in the Southern District: Ken and I, working with Scotland Yard detectives, combed through thousands of documents, linking names, aliases, and terrorist activities in order to make the case against the three men. At first Ken struggled to find a barrister to represent us in court in England. Someone had been recommended, and she was the first candidate Ken approached. She told him: “I’m not going to embarrass myself by taking what clearly is a losing case.” That was a prevalent attitude, and he got told no a few more times until he secured someone.
The barrister we ended up with was a talented court performer, but he had no experience dealing with terrorist cases or al-Qaeda. We had to teach him about al-Qaeda and terrorism from scratch, and even had to coach him in how to pronounce operatives’ names. On our first day in court, after successfully pronouncing “Zawahiri,” he turned to Ken and me and gave us a big smile.
Up against us was a lawyer who had made a career of representing IRA terrorists and who was known for her hostility to the British authorities, earning herself the nickname “the wicked witch.” With the arrest of al-Qaeda and EIJ members, she had decided to take up their cause. One day during the trial, Ken and I walked through the court doors with a Scotland Yard detective at the same time as the defense lawyer, and Ken, being a gentleman, stepped aside and held open the door for her. “Haven’t you done enough damage?” she asked, glaring at him, before storming through. Ken and I looked at each other in shock, and the Scotland Yard detective said, shrugging, “See what we have to deal with.”
We won the case at the magistrate level. The defense then appealed the case to the Royal Court of Justice, where we won again. The defense then appealed to the House of Lords—the highest court in Britain—and we defeated them there, too. To many in the British government, the press, and academic circles, our victory came as a great surprise. They all apparently underestimated the evidence we had amassed.
To celebrate our victory in the House of Lords, Ken, Joe Hummel, and I went out to dinner with a bunch of guys from SO13: the head of the branch, Alan Fry; his deputy, John Bunn; and a few of their colleagues. Joe Hummel, a friend from I-40, is called Joey Hamas within the bureau because of the work he did cracking down on the Palestinian terrorist group.
Alan and John had invested time, resources, and personal capital in supporting us in our investigation and in the trial—and in convincing elements of the British government supportive of the Londonistan policy to back us. The Scotland Yard officials had been criticized in many quarters for wasting their