Trans-Atlantic Bomb Plot—9-11 Connection?

As “British and international intelligence services … investigate the backgrounds of 23 British men and women being held in custody on suspicion of plotting to destroy up to 10 US-bound aircraft,” two alleged terrorists in particular are also being investigated “for links with the 9/11 attacks on the United States.”^[1]

British and German intelligence “are tracing possible contacts [with] a man named Said Bahaji, who is wanted for allegedly being part of an al-Qa’ida cell that included Mohammed Atta.”^[2] Germany is interested in Mr. Bahaji in part because he “was based in Germany prior to the strikes on New York and Washington, which he is accused of helping organize, but is believed to have fled to Pakistan.”^[3] His wife still lives in Hamburg, through whom it is believed that the two suspects contacted him.^[4]

If a link is established, it is clear that the United States would want to have them extradited to the United States to prosecute them for their alleged role in 9/11.

Speaking of extradition, it seems that the United Kingdom has not yet requested the extradition of the individuals arrested in Pakistan, ^[5] though, as we pointed out last week, that should not be a deterrent. Pakistan has announced that, even though the extradition treaty has not been finalized, the two countries “have arrangements for mutual legal assistance.”^[6]

It is also being reported by NBC news that “US and British authorities had a significant disagreement over when to move in on the suspects” in the alleged plot.^[7] According to British officials who are knowledgeable about the details of the case, “British police were planning to continue to run surveillance for at least another week to try to obtain more evidence, while American officials pressured them to arrest the suspects sooner.”^[8]

The United States—through Frances Townsend, Assistant to the President for Homeland Security and Counterterrorism—denies the account, saying that “[t]here was no disagreement between US and UK officials.”^[9] A separate unidentified US official, however, says that there was disagreement over the timing of the arrests.^[10]

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[1] Jason Bennetto et al., Investigation Widens as Police Probe Link with September 11, The Independent, Aug. 15, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] See Pakistan Says May Extradite Air Plot Suspect, AFP (via Yahoo!), Aug. 15, 2006; Pakistan May Extradite UK National, CNN, Aug. 15, 2006; Pakistan Says Britain Not Seeking Plot Suspect, Islamic Republic News Agency, Aug. 15, 2006; Pakistan Says No Request from Britain to Hand Over Bomb Suspect, Kyodo News (via Yahoo!), Aug. 15, 2006.
[6] AFP, supra note 5.
[7] Aram Roston, et al., Source: US, UK at Odds over Timing of Arrests, NBC News (via MSNBC.com), Aug. 14, 2006.
[8] Id.
[9] Id.
[10] Id.