The Pakistani trial of Saeed Sheikh and three others begins. [BBC, 7/5/2002] NBC reports that death sentences are expected for the four accused killers of Daniel Pearl, despite a lack of evidence. The case will be decided in top secret by handpicked judges in Pakistan’s anti-terrorism courts. “Some in Pakistan’s government also are very concerned about what [the defendant] Saeed might say in court. His organization and other militant groups here have ties to Pakistan’s secret intelligence agency [the ISI]. There are concerns he could try to implicate that government agency in the Pearl case, or other questionable dealings that could be at the very least embarrassing, or worse.”
[MSNBC, 4/5/2002] Later in the month the London Times says that the real truth about Saeed will not come out in the trial because, “Sheikh is no ordinary terrorist but a man who has connections that reach high into Pakistan’s military and intelligence elite and into the innermost circles of Osama bin Laden and the al-Qaeda organization.”
[London Times, 4/21/2002]
July 15, 2002: US Media Ignore ISI Link in Reports on Saeed Sheikh’s Conviction
Saeed Sheikh and three co-defendants are judged guilty for the murder of reporter Daniel Pearl. Saeed, the supposed mastermind of the murder, is sentenced to death by hanging, and the others are given 25-year terms. Saeed threatens the judge with retribution. As if to confirm that his death covers up unpleasant truths, in the stories of his sentencing every major US media story fails to report Saeed’s connections to 9/11 and even to the ISI. [Associated Press, 7/15/2002; Associated Press, 7/15/2002; CBS News, 7/15/2002; CNN, 7/15/2002; Los Angeles Times, 7/15/2002; MSNBC, 7/15/2002; New York Times, 7/15/2002; Reuters, 7/15/2002; Wall Street Journal, 7/15/2002; Washington Post, 7/15/2002; Daily Telegraph, 7/16/2002] In contrast, the British media connects Saeed to the ISI [Guardian, 7/16/2002; Guardian, 7/16/2002; Daily Mail, 7/16/2002] , al-Qaeda [Independent, 7/16/2002] , the 9/11 attacks [Scotsman, 7/16/2002] , or some combination of the three [London Times, 7/16/2002; Daily Mail, 7/16/2002; Daily Telegraph, 7/16/2002] (with one exception [BBC, 7/16/2002; BBC, 7/16/2002] ). The US and British governments both approve of the verdict. [Wall Street Journal, 7/15/2002; BBC, 7/15/2002] In the US, only the Washington Post questions the justice of the verdict. [Washington Post, 7/15/2002; Washington Post, 7/16/2002] By contrast, all British newspapers question the verdict, and subsequently raise additional questions about it (see July 16-21, 2002). Saeed has appealed the decision, but a second trial has yet to begin. [Associated Press, 8/18/2002]
July 16-21, 2002: More Controversy Surrounds Trial of Saeed Sheikh
More questions emerge in British newspapers about the conviction of Saeed Sheikh for reporter Daniel Pearl’s murder in the days immediately after the verdict. Pakistani police have secretly arrested two men who many believe are the real masterminds of Pearl’s murder, and official confirmation of these crucial arrests could have ended Saeed’s trial. [Guardian, 7/18/2002] On May 16, Pearl’s body was found and identified, but the FBI does not officially release the DNA results because official confirmation of the body would also have meant a new trial. [Independent, 7/16/2002] Pakistani officials admit they waited to release the results until after the verdict. [Guardian, 7/18/2002] After the trial ends, Pakistani officials admit that the key testimony of a taxi driver is doubtful. The “taxi driver” turns out to be a head constable policeman. [Guardian, 7/18/2002] One of the co-defendants turns out to be working for the Special Branch. [Independent, 7/21/2002] According to Pakistani law, the trial needed to be completed in a week, but in fact it took three months. The trial judge and the venue were changed three times. [BBC, 7/16/2002] The trial was held in a bunker underneath a prison, and no reporters were allowed to attend. When all the appeals are done, it is doubtful that Saeed will be extradited to the US, “because Mr. Sheikh might tell the Americans about the links between al-Qaeda and Pakistan’s own intelligence organization.” [Independent, 7/16/2002] Meanwhile, at least seven more suspects remain at large. All have ties to the ISI, and as one investigator remarks, “It seems inconceivable that there isn’t someone in the ISI who knows where they’re hiding.” [Time, 5/6/2002]
July 19, 2002: Why Is US Not Interrogating Saeed Sheikh, Indian Newspaper Wonders
An editorial in an Indian newspaper wonders why the US is still not interrogating Saeed Sheikh, recently convicted of murdering Daniel Pearl. Saeed was briefly interrogated by the FBI in February, but they were unable to ask about his links to al-Qaeda, and no known US contact has taken place since. [Independent, 7/16/2002; Indian Express, 7/19/2002] The editorial suggests that if the US pressures its close ally Pakistan to allow Saeed to be interrogated in his Pakistani prison, they could learn more about his financing of the 9/11 attacks and the criminal underworld that Saeed was connected to. Also, US attempts to find al-Qaeda cells in Pakistan could be strongly boosted with new information. [Indian Express, 7/19/2002]
January 22, 2003: Still No Clarity in Pearl Murder Case
One year after reporter Daniel Pearl’s kidnapping and murder, the investigation is mired in controversy. “Mysteries still abound.… Suspects disappear or are found dead. Crucial dates are confused. Confessions are offered and then recanted.… Nobody who physically carried out the killing has been convicted. None of the four men sentenced is even believed to have ever been at the shed where Pearl was held” and killed. The government arrested three suspects in May 2002, but hasn’t charged them and still will not admit to holding them, because acknowledging their testimony would ruin the case against Saeed Sheikh. [Associated Press, 8/18/2002; Associated Press, 1/22/2003] Two of the three claim that 9/11 mastermind Khalid Shaikh Mohammed cut Pearl’s throat with a knife. [MSNBC, 9/17/2002; Time, 1/26/2003]
September 18, 2003: Questions of ISI Leader’s Ties to 9/11 Resurface
A Wall Street Journal review of Bernard-Henri Levy’s book “Who Killed Daniel Pearl?” notes, “It is a fact that Gen. Mahmood Ahmed, then head of the ISI, wired $100,000 to Mohamed Atta before 9/11 through an intermediary. (This was reported in the Journal on Oct. 10, 2001.) So what have we done about it?” The article notes that few are willing to look into this issue or take action against Pakistan since Pakistani President Pervez Musharraf is considered a close ally and cooperative in the fight against terrorism.
[Wall Street Journal, 9/18/2003] Other reviews of the book raise similar points, and even the conservative columnist George Will notes in the Washington Post, “It is not fantasy that there have been many reports that the then-head of Pakistani intelligence was responsible for $100,000 being wired to Mohamed Atta, the lead 9/11 hijacker.”
[Washington Post, 10/5/2003]
Late April-Early May, 2006: New Film Suggests Daniel Pearl Was Murdered as Result of ISI Complicity with Al-Qaeda
HBO produces a documentary film entitled The Journalist and the Jihadi about Wall Street Journal reporter Daniel Pearl and one of the extremists involved in his kidnap and murder, Saeed Sheikh. The film, directed and produced by Ahmed Jamal and Ramesh Sharma, and narrated by CNN’s Christiane Amanpour, portrays the two men as “a passionate journalist and a shrewd terrorist” representing the best and worst of their respective cultures. The film climaxes with Pearl’s kidnap and murder, while he was investigating the 9/11 money trail in Pakistan. It suggests that, had it not been for complicity between al-Qaeda and certain factions inside Pakistan’s ISI, Pearl may have survived. [Salon, 4/28/2006; New York Times, 10/10/2006]
March 15-23, 2007 and Shortly After: Media and Terrorism Analysts Respond to KSM Confession with Scepticism
Khalid Shaikh Mohammed’s (KSM) confession at a Guantanamo Bay hearing (see March 10, 2007), becomes, as Time puts it, “a focus of cable TV and other media coverage, a reminder of America’s ongoing battle against international terrorism.” [Time, 3/15/2007] However, terrorism analysts are skeptical of some aspects of it. In an article entitled Why KSM’s Confession Rings False, former CIA agent Robert Baer says that KSM is “boasting” and “It’s also clear he is making things up.” Specifically, Baer doubts that KSM murdered Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Baer notes that this “raises the question of just what else he has exaggerated, or outright fabricated.” Baer also points out he does not address the question of state support for al-Qaeda and that “al-Qaeda also received aid from supporters in Pakistan, quite possibly from sympathizers in the Pakistani intelligence service.” [Time, 3/15/2007] Pearl’s father also takes the confession of his son’s murder “with a spice of doubt.” [Hindustan Times, 3/23/2007] Journalist Yosri Fouda, who interviewed KSM in 2002 (see April, June, or August 2002), comments, “he seems to be taking responsibility for some outrages he might not have perpetrated, while keeping quiet about ones that suggest his hand.” Specifically, he thinks KSM may have been involved in an attack in Tunisia that killed about 20 people (see April 11, 2002). [London Times, 3/18/2007] KSM is also believed to have been involved in the embassy and USS Cole bombings (see Mid-1996-September 11, 2001), but these are also not mentioned. Terrorism analyst Bruce Riedel also does not take the confession at face value, saying, “He wants to promote his own importance. It’s been a problem since he was captured.” [Time, 3/15/2007] The Los Angeles Times notes that, according to intelligence officials, “the confession should be taken with a heavy dose of skepticism.” A former FBI manager says: “Clearly he is responsible for some of the attacks. But I believe he is taking credit for things he did not have direct involvement in.” [Los Angeles Times, 3/16/2007] The Seattle Post-Intelligencer points out that the Plaza Bank, one of the targets KSM says he planned to attack, was actually established in 2006, three years after he was captured. [Seattle Post-Intelligencer, 3/15/2007] Michael Scheuer, formerly head of the CIA’s bin Laden unit, notes KSM only says he is “involved” in the plots and that 31 plots in 11 years “can hardly be called excessive.” [Hindustan Times, 3/23/2007] Some media are even more skeptical. For example, the Philadelphia Inquirer comments that KSM, “claimed credit for everything but being John Wilkes Booth’s handler.” [Philadelphia Inquirer, 3/30/2007]
February 11, 2008: Pentagon Intends to Try Six Alleged 9/11 Conspirators, Will Seek Death Penalty
The Defense Department announces that it is bringing death penalty charges against six high-value enemy detainees currently being held at the Guantanamo Bay detention camp. The six, all charged with involvement in the 9/11 attacks, will be tried under the much-criticized military tribunal system (see October 17, 2006) implemented by the Bush administration. They are: 
Khalid Shaikh Mohammed, a Pakistani who claims responsibility for 31 terrorist attacks and plots, is believed to have masterminded the 9/11 attacks, and claims he beheaded Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Mohammed was subjected to harsh interrogation tactics by the CIA, including waterboarding. Ali Adbul Aziz Ali, Mohammed’s nephew and cousin of jailed Islamist terrorist Ramzi Yousef. He is accused of facilitating the attacks by sending $120,000 to US-based terrorists, and helping nine of the hijackers enter the US. Ramzi Bin al-Shibh, accused of being a link between al-Qaeda and the 9/11 hijackers. Bin al-Shibh is accused of helping some of the hijackers obtain flight training. Khallad bin Attash, who has admitted planning the attack on the USS Cole (see October 12, 2000) and is accused of running an al-Qaeda training camp in Afghanistan. He claims to have helped in the bombing of the US embassy in Kenya (see 10:35-10:39 a.m., August 7, 1998). Mustafa Ahmad al-Hawsawi, accused of being a financier of the 9/11 attacks, providing the hijackers with cash, clothing, credit cards, and traveller’s checks. Mohamed al-Khatani, another man accused of being a “20th hijacker;” al-Khatani was stopped by immigration officials at Orlando Airport while trying to enter the US. He was captured in Afghanistan.
Many experts see the trials as part of an election-year effort by the Bush administration to demonstrate its commitment to fighting terrorism, and many predict a surge of anti-American sentiment in the Middle East and throughout the Islamic world. Some believe that the Bush administration is using the trials to enhance the political fortunes of Republican presidential candidate John McCain, who has made the US battle against al-Qaeda a centerpiece of his campaign. “What we are looking at is a series of show trials by the Bush administration that are really devoid of any due process considerations,” says Vincent Warren, the executive director head of the Center for Constitutional Rights, which represents many Guantanamo detainees. “Rather than playing politics the Bush administration should be seeking speedy and fair trials. These are trials that are going to be based on torture as confessions as well as secret evidence. There is no way that this can be said to be fair especially as the death penalty could be an outcome.”
Treatment of Detainees an Issue – While the involvement of the six detainees in the 9/11 attacks is hardly disputed, many questions surround their treatment at Guantanamo and various secret “black sites” used to house and interrogate terror suspects out of the public eye. Questions are being raised about the decision to try the six men concurrently instead of separately, about the decision to seek the death penalty, and, most controversially, the admissibility of information and evidence against the six that may have been gathered by the use of torture.
Details of Forthcoming Tribunals – While the charges are being announced now, Brigadier General Thomas Hartmann, the Pentagon official supervising the case, acknowledges that it could be months before the cases actually begin, and years before any possible executions would be carried out. Hartmann promises the trials will be “as completely open as possible,” with lawyers and journalists present in the courtroom unless classified information is being presented. Additionally, the six defendants will be considered innocent until proven guilty, and the defendants’ lawyers will be given “every stitch of evidence” against their clients.
‘Kangaroo Court’ – British lawyer Clive Stafford Smith, who has worked with “enemy combatants” at Guantanamo, believes nothing of what Hartmann says. The procedures are little more than a “kangaroo court,” Stafford Smith says, and adds, “Anyone can see the hypocrisy of espousing human rights, then trampling on them.” Despite Hartmann’s assurances, it is anything but clear just what rights the six defendants will actually have. [Independent, 2/12/2008] The charges against al-Khahtani are dropped several months later (see May 13, 2008).
