Target: Jamal al-Badawi

BY Herschel Smith
9 years, 5 months ago

The mastermind behind the USS Cole bombing has either been released by authorities in Yemen, or is soon to be released.

The United States is dismayed over what officials said was Yemen’s failure to cooperate in the war against Al Qaida.

The Bush administration expressed disappointment with Yemen’s decision to release the man regarded as the mastermind of the Al Qaida attack on the USS Cole in Aden in 2000.

“The United States is dismayed and deeply disappointed in the government of Yemen’s decision not to imprison [Al] Badawi,” National Security Council spokesman Gordon Johndroe said. “This action is inconsistent with a deepening of our bilateral counterterrorism cooperation.”

Officials said Sanaa has largely failed to respond to a significant U.S. investment in Yemen’s military and security forces. They pointed to about $100 million in U.S. military and security assistance since 2004, which included the formation of Yemen’s coast guard.
“We have communicated our displeasure to Yemeni officials and will work with the Yemeni government to ensure Al Badawi is held accountable for his past terrorist actions,” Johndroe said on Oct. 26.

In 2004, Al Badawi was convicted of plotting and conducting the bombing of the USS Cole. A Yemeni court condemned Al Badawi to death, but the sentence was reduced to 15 years in prison.

Still, officials said, Yemen has failed to keep Al Badawi and other Al Qaida operatives behind bars. He escaped prison twice since 2004, allegedly with help of Yemeni jailers. The FBI has offered $5 million for information that would lead to his arrest.

Officials said the release of Jamal Al Badawi violated a pledge to capture and prosecute those behind the suicide attack in which 17 American sailors were killed. In mid-October, Al Badawi surrendered to Yemeni authorities in an arrangement that allowed him to return home to Aden. Al Badawi, officials said, pledged loyalty to the regime of Yemeni President Ali Abdullah Saleh.

On Sunday, Yemen asserted that Al Badawi was still in detention. But the Yemeni Interior Ministry would not elaborate.

It is a truism that the best developed plans will come to naught at times when the predicate for the plans is the honor of other men and nations.  The U.S. must negotiate and purchase and obtain agreement and all of the things that the State Department works at, but in the end, we must be prepared to be alone in the pursuit of our own national security interests.

But when other countries fail us, what is the recourse?  The Small Wars Journal Blog is currently hopping with interesting debate about the moral viability of torture – or lack thereof – and while this debate is salient for future detainees, we face a situation in which a major terrorist is about to be released into the global population with the knowledge and consent of the host country.

So will there be a well-aimed sniper round targeted at Badawi, or a neatly devised car bomb set to detonate at exactly the right time?  Will U.S. black operations be his undoing, or will he live to perpetrate yet another disaster on U.S. troops somewhere else in the world?  Mind you, this isn’t a low level actor; this is a major player in the world of jihadist terror.

The answer is a bit involved.  Even if Badawi was on the physical field of battle, there is question as to whether the rules of engagement allow the targeting of even a known enemy if said enemy is not currently brandishing a weapon and currently a threat to U.S. forces.  But this situation is even more murky and complex, and this complexity explains the consternation of U.S. diplomats at the release of Badawi.

Some background.  First in U.S. jurisprudence there is the constitution.  Its liberties and strictures guides the making of laws.  Second comes law, and of course this requires the approval of the Senate and House of Representatives, along with the approval of the President unless there is an override of a veto.  Next comes regulations.  This is where is becomes murky, because the executive branch takes the laws that have been passed by the Congress and interprets them and adds to the law in order to make something actually able to be enforced, i.e., regulations.  At this level, challenge can be brought in court, and negotiations pursued with the proper authorities regarding code compliance.

This process is ugly and tedious, much like making saugage.  It involves thousands of lawyers, federal register notices, comments, incorporation of comments, and ultimately the approval of yet more lawyers resulting in revisions to the federal code.  It probably gives far too much power to the executive branch of the government, but given the dysfunction of the legislative branch of the government, it is understandable.  When one branch abdicates its responsibilities, the others swarm into the gap.

Next comes an even murkier and lower level regulation, the so-called “executive order.”  Effective March 1, 1976, President Ford issued the following executive order: “No employee of the United States Government shall engage in, or conspire to engage in, political assassination.”  And there is the crux of the issue, and in large part the reason for the panic at the State Department.

No sitting President wants to be the one who reverses this order, and yet no sitting President wants to be responsible for allowing a high level terrorist back into the global population to cause further harm to U.S. forces and assets around the world.  But this executive order is in serious need of revisiting and revision, unless of course, the U.S. is just fine with releasing Jamal al-Badawi to perpetrate his wares.

Leave a Reply

6 Comments on "Target: Jamal al-Badawi"

Notify of
avatar
Sort by:   newest | oldest | most voted
trackback
Michelle Malkin » Report: USS Cole bombing suspect in custody

[…] More on Badawi at Captain’s Journal. Posted in: Jihadists Send to a Friend Printer Friendly comments (9)   trackbacks […]

trackback

The USS Cole Bombing, Badawi and the Yemeni’s…

As I noted last week, it had been reported that Jamal al-Badawi, had been released from prison in Aden, Yemen. Badawi is a suspect in the USS Cole Bombing, an al-Qaeda terrorist attack on our country. The State Department now says that Badawi is now in…

loc1k
Member
We’re making much ado about a single suspected criminal and bemoaning State’s inability to ensure justice is done him, but it should come as little surprise given the miniscule budget we give State and the abuse we heap upon it (free of charge, at least). An outside observer might be forgiven for believing our nation does not wish to coexist peacefully with others, given the low priority we assign cooperation. Note that when our leaders use the word “diplomacy” what is really meant is “coersion”. Don’t believe me? Has anyone noticed that the Pentagon’s new motto is “persistent conflict”? Google that phrase if you’re in as much a state of disbelief as I am. “… but in the end, we must be prepared to be alone in the pursuit of our own national security interests.” You’re quite right to specify which national interists are meant, as simply mentioning the “national interest” is really just a euphamism for corporate interests*, those who largely bankroll our political system and determine its course. I agree with your statement though. Unfortunately, it looks like that’s exactly what we’re not doing, namely in that AQ is known to reside in Pakistan, and yet almost our… Read more »
loc1k
Member
HS The main point about corporate interests and “much ado” (although I never said “about nothing”) is that our government has little interest in stopping the actual terrorists. Working backwards: Our original stated reason (i.e. propaganda device) for invading Iraq was to eliminate the potential for Iraqi WMD to end up in terrorists’ hands, a very indirect way of attacking terrorism and one that could be applied to much of the developing world. In any case, this goal was totally discounted once it became untenable and we switched to a new goal of democratization of Iraq and the broader Mid-east region. Ultimately, Iraq had little to do with counter-terrorism. Our original reason for invading Afghanistan was apparently to oust a government that was abetting a terrorist organization. This cassus belli didn’t even make it to D-day, however, because the Taliban offered to hand over UBL and we refused, favoring invasion to negotiation. AQ was ultimately forced to fight us face to face, but got away and has been allowed to rebuild ever since. Again, at best a setback for global terrorism. Thus we in the US, the target of an awful attack likely committed by a certain terrorist organization, went… Read more »
wpDiscuz

You are currently reading "Target: Jamal al-Badawi", entry #752 on The Captain's Journal.

This article is filed under the category(s) Jihadists and was published October 30th, 2007 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (677)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (31)
Air Power (9)
al Qaeda (83)
Ali al-Sistani (1)
America (7)
Ammunition (26)
Animals in War (4)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (87)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (49)
Assassinations (2)
Assault Weapon Ban (26)
Australian Army (5)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (53)
Battle of Bari Alai (2)
Battle of Wanat (17)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (2)
Blogs (7)
Body Armor (17)
Books (2)
Border War (7)
Brady Campaign (1)
Britain (27)
British Army (35)
Camping (4)
Canada (2)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (10)
Christmas (8)
CIA (23)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (2)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (215)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (130)
Department of Homeland Security (16)
Disaster Preparedness (3)
Distributed Operations (5)
Dogs (6)
Donald Trump (1)
Drone Campaign (3)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (1)
Favorite (1)
Fazlullah (3)
FBI (7)
Featured (177)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (587)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (14)
General Amos (1)
General James Mattis (1)
General McChrystal (41)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (7)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (471)
Guns (1,084)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (7)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (11)
High Value Targets (9)
Homecoming (1)
Homeland Security (1)
Horses (1)
Humor (13)
ICOS (1)
IEDs (7)
Immigration (54)
India (10)
Infantry (3)
Information Warfare (2)
Infrastructure (2)
Intelligence (22)
Intelligence Bulletin (6)
Iran (169)
Iraq (378)
Iraq SOFA (23)
Islamic Facism (44)
Islamists (69)
Israel (18)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (2)
Jihadists (80)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (2)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (3)
Lawfare (6)
Leadership (5)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (49)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (244)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (31)
Memorial Day (2)
Mexican Cartels (24)
Mexico (30)
Michael Yon (5)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (4)
Military Equipment (24)
Militia (4)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (15)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (16)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (17)
NATO (15)
Navy (21)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (2)
Nicholas Schmidle (2)
Now Zad (19)
NSA (2)
NSA James L. Jones (6)
Nuclear (53)
Nuristan (8)
Obama Administration (218)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (6)
Patrolling (1)
Pech River Valley (11)
Personal (33)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (2)
Pizzagate (21)
Police (241)
Police in COIN (3)
Policy (15)
Politics (317)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (114)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (74)
Rumsfeld (1)
Russia (29)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (174)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (24)
Squad Rushes (1)
State Department (18)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (2)
Survival (13)
SWAT Raids (53)
Syria (38)
Tactical Drills (1)
Tactical Gear (1)
Taliban (167)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (16)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (92)
Thanksgiving (6)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (14)
TSA Ineptitude (11)
TTPs (1)
U.S. Border Patrol (5)
U.S. Border Security (14)
U.S. Sovereignty (17)
UAVs (2)
UBL (4)
Ukraine (3)
Uncategorized (42)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (2)
Vietnam (1)
War & Warfare (212)
War & Warfare (40)
War Movies (3)
War Reporting (18)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (57)
West Point (1)
Winter Operations (1)
Women in Combat (18)
WTF? (1)
Yemen (1)

March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2017 Captain's Journal. All rights reserved.