IPCS Special Report

The Faisal Shahzad Story 92 Insights, Lessons and Implications

JUNE 2010

Ishita Mattoo

Institute of Peace and Conflict Studies

B-7/3, Safdarjung Enclave New Delhi 110029 91-11-4100 1900

www.ipcs.org

ABOUT THE AUTHOR

Ishita Mattoo is a student of Shri Ram School, with a deep interest in international relations. She recently represented her school at the Model United Nations at Istanbul, Turkey. This report was written while she worked as an intern at IPCS.

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ISHITA MATTOO

The report is based on a reading and analysis of news reports and articles which appeared in , the Washington Post, the Christian Science Monitor, Newsweek, Time and the Economist.

I Consider the irony. An ostensibly devoted THE INCIDENT urban father and husband , a hard working On 2 May 2010, a naturalized American and responsible tenant and employee - citizen, attempted to detonate a bomb in a what is more - well educated, well to do Nissan Pathfinder in the heart of New and successful; apparently an ideal York City’s Times Square. Fortunately, candidate for a and citizenship, the attempt was unsuccessful and the attempting an act of terrorism against his suspect, Faisal Shahzad, a 30 year old adopted country. It is this paradox that has American citizen of Pakistani origin, was shocked large sections of American public arrested by U.S. Custom and Border opinion, bewildering and confusing those Protection forces 53 hours later as he who had felt secure with their seemingly boarded an flight to from naive belief that a terrorist is “not one of JFK Airport. A federal report lodged on 4 us.” May alleged that he had committed five terrorism-related crimes including the use III of “weapons of mass destruction.*” THE QUESTIONS Naturally what followed was great unease II amongst the public and introspection by THE BACKGROUND investigators and politicians about what Further investigations suggested that the ramifications of this incident would be Shahzad had been directed by and received and what action was necessary. Did there support from the Tehrik-i-Taliban Pakistan need to be a reassessment of the Pakistani (the Pakistani Taliban, TTP). What was Taliban? Was there a need to loosen the surprising was that Shahzad was no Miranda rights? Was there a need for impoverished, devout jihadist who had greater security for easy targets like New studied in madrasas. The son of a former York City? Wasn’t there an urgent senior officer of the Pakistani air force, necessity to put greater pressure on Shahzad came from a reasonably affluent Pakistan to press against the network of and well educated family, was not militant groups in its North religious in his school and university days, region? And what were the complex forces and had an MBA from an American that contributed to such an act being University. In addition, Shahzad was attempted by a man who was apparently married with children, lived in a home in well educated and successful? (While an upscale suburban American questions and controversies raged, in a neighbourhood, with a well paying job and model for the rest of the nation, the American citizenship, living, as if, “the Pakistani American Association of American dream.” Connecticut-PAACT, came together with the law enforcement authorities and looked at what needed to be done in the future to

1 Special Report 92 June 2010 prevent such attempts and the importance encouraged’ by the Pakistani generals in to build trust so that vigilant members of the past, including those targeting India. the Pakistani community could report signs of radicalization they had observed, IV without fear.) THE IMPLICATIONS In reality, Faisal Shahzad’s association Above all, Shahzad’s links with the with the Pakistani Taliban means several Pakistani Taliban (they are believed to things. First, it means that the US will have have directed him and supported him to reassess the Pakistani Taliban especially financially) were a cause of great concern as American officials see militant groups for American and Pakistani intelligence. determined to score a propaganda victory Immediately after the Times Square by pulling off even the crudest of attacks. incident, Hillary Clinton’s statement to the It exposes the growing trend of militant Pakistani government was stern, organizations expanding beyond their local peremptory, almost threatening: “We’ve agenda and striking the US. The attempted made it very clear that, if-heaven forbid- bombing of the Detroit airliner which was attacks like this(Times Square) that we can traced back to the Al Qaeda which had trace back to Pakistan, were to have been previously targeted Saudi and Yemeni successful, there would be very severe governments is part of the same story. consequences.” US Attorney General Eric According to the terrorism expert, Bruce Holder reinforced the message “If Pakistan Hoffman, “the message may be that the fails to take appropriate action against the U.S. is pounding us with drone attacks, but Taliban, the will.” The US we’re powerful enough to strike back’; it’s has, for some time now, supported the certainly enough to attract ever more view that the militant organizations in recruits to replace those they’re losing.” Pakistan are interconnected and has urged Pakistan to move against the entire Previously, the TTP was not considered a network. Ideological differences may exist major threat. When the former Pakistani but such groups can nevertheless provide leader said last March each other with monetary and other aid, that he was planning an attack on and are united in their antagonism towards Washington that would “amaze everyone the West. The recent Times Square in the world”, the US officials dismissed incident seems to be proof of the fact that the claims as “empty boasts.” They said even the Pakistani Taliban - which was that that the Pakistani Taliban did not have previously believed to have more local the influence and resources to plan an grievances and aims - is looking at waging attack beyond Pakistan. a global jihad. Analysts are pointing out the “danger posed by the loose system of Second, it shows that the US may have to affiliation and cooperation” , the pay a heavy price for the drone strikes in interconnected network of militant northwestern Pakistan. The drone program organizations and are arguing that it is too expanded by President Obama last year late to divide this system of militant and is believed to have led to the death of groups into categories of ‘tame ones’ and the Pakistani Taliban leader, Baitullah ‘uncontrollable ones.’ Mehsud. The suicide bomber attack on the CIA base camp in Afghanistan and the In contrast, the Pakistani intelligence has Times Square incident followed. been advocating that these groups are largely independent. Some groups have Third, the Times Square incident, been ‘doggedly pursued; others are left ironically, also represents what appears to alone, trusted with truces, or clandestinely be a unification of Pakistani and American

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interests. The Pakistani Taliban for a long Fifth, what may have shocked the public is time has been responsible for attempting to really nothing to be surprised at, given the undermine what they see as the “secular” growing radicalization of Pakistani youth, government in Pakistan. It has been in specific, and the growing anti American blamed for the assassination of former hostility in Pakistan, in general. If one Pakistan Prime Minister, Benazir Bhutto, were to look at the recent past, one would as well as numerous bombings in see facsimiles of Shahzad in Farouk and Lahore. It was on the Abdulmutallab (suspect in the attempted request of the Pakistani government in Christmas day airliner bombing in 2008 that the US began the drone strikes in Detroit), Nidal Malik Hassan (suspect in north western Pakistan to target members the Ford Hood shootings at an army base of the Pakistani Taliban. Now the in Texas), (suspect in the Pakistani Taliban seems to be expanding Mumbai terrorist attacks) and Anwar-al- its terror agenda to include the United Alwaki (a global jihadist who spreads his States. Denis McDonough, the chief of message of extremism through the internet staff for the National Security Council, and is currently on the US government’s said the Times Square attempted bombing “hit list.”). All of them were well educated showed that Pakistan and the United States (most of them having studied in the west), faced a common enemy, calling it “a pretty English speaking, urbane youth who stark reminder that the same collection of somewhere along the line metamorphose terrorists that are threatening them are into jihadists seeking revenge against the threatening us.” injustices they believe to have been committed by the West against their Fourth, despite this apparent unification in “brethren” in Palestine, Iraq and interests, the incident will mean greater Afghanistan. The arrests after the Times pressure by the US on Pakistan to press Square incident by the Pakistani against the network of terrorists in its intelligence of a computer salesman, a Waziristan region. The North Waziristan former army major, and Salman Ashraf region, where Shahzad was believed to Khan, a western educated co owner of a have received training, has become the real catering company - that catered to centre of terrorist training camps for a exclusive functions including those of the variety of organizations. It is believed that American Embassy - reveal that today the Pakistan is unwilling to move against the ‘Western-oriented upper crust’ of Pakistani Haqqani network located here because society is becoming a source of Pakistani they view Jalaluddin Haqqani, the leader extremism. of the network, as a “strategic asset.” This region is also believed to be home to V militants from the Tehrik-i-Taliban THE RADICALIZATION OF PAKISTANI Pakistan (TTP), Jaish-e- Mohammad YOUTH AND ITS SOCIETY (JeM) and Lashkar-e-Toiba (LeT). It is In Pakistan, in recent years, public opinion also believed to provide a safe haven to has turned extremely hostile towards the some of the Al Qaeda leaders. The USA. While the relationship of the USA Pakistan army operations in Swat and with the Pakistani government is South Waziristan have encouraged TTP “complex”, there is still some mutual members to take refuge in North sympathy especially after this incident (US Waziristan, and seem to be still relatively and Pakistani interests seem to have safe because of the reluctance of the converged). However large sections of the Pakistan army to carry out military public are hostile to the US. A Gallup- operations in this region. Pakistan survey for Al Jazeera in Pakistan, in all four provinces, showed that 59% of

3 Special Report 92 June 2010 the population considered the US as the The Physics professor/peace activist greatest threat to Pakistan, followed by Pervez Hoodbhoy argues that there are India (18%) and the Taliban (11%). deeper reasons than the drone strikes for Remarkably, anti-US sentiment rises in the deep “visceral” anti US sentiments in proportion to aid received. Pakistan. He suggests that it is rooted in the very relationship between the USA and A report published in the Christian Science Pakistan, because of the long-standing Monitor highlighted this recent patron-client relationship between the two phenomenon of radicalized youth in countries. As he points out, in Pakistan, Pakistan. The policy of the US so far has the anti US sentiments are stronger than in been to fight religious extremism by Cuba, Vietnam, Iraq and Afghanistan attempting to reduce illiteracy and poverty which have borne the direct brunt of US in Pakistan, but, as the Monitor pointed attacks. As may be recalled, in the 1960s, out, this may not be enough today when Pakistan entered into CENTO, SEATO cultural factors are playing a more and it was considered, at that time, one of important role in radicalizing the youth. US’s strongest allies. It also gradually Anti American vitriol spewed by an angry developed its army as its strongest media, by public schools, and the easy institution. availability of jihadist material is generating anger and hostility amongst a Hoodbhoy argues that in 1979, at the time faction of the Pakistani youth today. of Soviet invasion of Afghanistan, although Pakistan profited monetarily ‘Personal crises’ and ‘political anger’ because it was paid by the US to create the metamorphose into an ‘ideological anger’ anti Soviet jihadist tool, it became even with the help of the easily accessible more dependent on the US. Pakistan later jihadist websites and a populist media that entered Bush’s “” to protect lauds the activities of the Taliban ( even America’s security, which hurt its self claiming that 9/11 was ‘staged to victimize interest. And Hoodbhoy perceptively Pakistan.’) According to Cyril Almeida, a suggests that Pakistan, insecure, lacking in columnist with the Dawn newspaper of esteem and “teetered between being a Pakistan, “If this [material] wasn’t out failed state and a failing state” took to there and accessible, then people like blaming the US for all its failures and Shahzad would not be able to move from problems. This hatred for the US “plays Phase A, which is some kind of vague squarely into the hands of Islamic anger at the sins committed by America, to militants.” They actually seek to “remake Phase B, which is violent extremism.” society” but they portray the idea of an “Islam versus West War.” According to Justified resentment regarding US Hoodbhoy, these terrorist organizations treatment of Pakistan after 9/11 and created “by poverty, a war-culture, and the involvement in Pakistan, turns to religious macabre manipulations of Pakistan's extremism under the influence of the intelligence services will keep fighting this jihadist groups. What is more, according war even if America were to miraculously to Almeida, the government and police in evaporate into space.” Although Pakistan are not able to take sufficient Hoodbhoy’s is not a mainstream view, it action against these elements; efforts are reflects a deep, nuanced understanding of not even made to shut down religious Pakistan troubled psyche. institutions associated with banned jihadist groups. VI THE AMERICAN DREAM?

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The Times Square incident has exposed informed of his rights, his the threat to the US posed by ‘home grown statements/answers may not be used to jihadists’ who travel from the US to incriminate him. Soon after the initial countries like Pakistan, Yemen and investigation of Faisal Shahzad, Senator Somalia, receive training and come back John McCain of Arizona, Joseph with terror plots aimed at the US. Groups Lieberman of Connecticut and such as Al Qaeda and Taliban, because of Representative Peter King from New York the pressure that is being put on them in expressed their disapproval at Shahzad their “native” countries, are looking for having being read his Miranda Rights “would be terrorists” from the West who eventually. can travel to and fro freely from their countries. According to Air Force Gen. Shahzad was interrogated for a period of Gene Renuart, former head of U.S. three to four hours before being read out Northern Command: “I think there is a his Miranda Rights as part of the1984 calculated decision being made by some in public safety exception provision. When the Al-Qaida leadership to look for people the warnings were given to him he waived who might have more access.” The them off and continued speaking providing challenge posed to the intelligence by valuable intelligence both before and after these “home grown jihadists” is great the warnings were given, according to because they apparently have no explicit Attorney General . The terrorist ties and are not subject to scrutiny Congressmen demanded that Shahzad be when they travel. The authorities are declared an “illegal enemy combatant,” limited by the volume of passengers stripped of his rights and brought before a traveling to these countries and the right of military tribunal. Lieberman also called for Americans to travel freely. a law for Americans accused (but not convicted) of unspecified crimes to be The Times Square incident had also raised stripped off their citizenship and deprived questions, within the US, about the of the due process under the law. process. White House counterterrorism adviser John Brennan A The New York Times editorial, however, told Washington Post reporters that spoke out strongly against such an President Obama has said that “would be approach which would be a “sign of terrorists” would not be allowed to use US surrender” and make the nation more citizenship “as a shield” and possible vulnerable. NY Times argued that the improvements to the naturalization process senators were ignoring reality altogether as were being looked into. He indicated that there was no evidence that the Miranda the US would not treat American citizens warnings had led to a loss of intelligence. with terrorist aims any differently from Investigators of terror suspects in the 9/11 suspects captured abroad, while had also proved that valuable evidence emphasizing that at the same time it was could be obtained without illegal acts such important not to over react. as water boarding. Shortly afterwards, Eric Holder, said that he proposed to work with Another significant debate the Times the Congress on a law that would let law Square incident has sparked off is about enforcement delay the Miranda warnings the Miranda Rights. Miranda Rights are to terror suspects. The loosening of the warnings given to a suspect in a criminal laws would ostensibly give investigators trial by investigators/police informing the greater flexibility in the critical early suspect of his right to decline to make self stages of investigation. However it is not incriminatory remarks and his right to seek very clear how the change in public legal counsel. If a suspect has not been security warnings would work and how

5 Special Report 92 June 2010 long it would delay providing the warnings. Although federal officials have not spoken, constitutional lawyers and former prosecutors indicate that the exception could last up to 48 hours longer than the court mandated public safety exception that allows the delay of warnings in case of imminent threat to public security. What will this do to the deeply cherished freedoms that the United States has justifiably been proud of for over two centuries? And who will be the eventual winner?

*On 21 June, Faisal Shahzad, pleaded guilty to all the charges (including the attempted use of a weapon of mass destruction) in the Federal District Court in Manhattan, New York . He said: “I want to plead guilty, and I’m going to plead guilty 100 times over…because until the hour the U.S. pulls its forces from Iraq and Afghanistan, and stops the drone strikes in Somalia and Yemen and in Pakistan, and stops the occupation of Muslim lands, and stops killing the Muslims, and stops reporting the Muslims to its government, we will be attacking U.S., and I plead guilty to that.”

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