-Caveat Lector-

November 12, 2000
Cole Inquiry Provokes Bitter U.S. Dispute
http://www.nytimes.com/2000/11/12/world/12SHIP.html

Louis J. Freeh of the F.B.I. is involved
in a dispute over the Cole.
http://graphics.nytimes.com/images/2000/11/12/world/12ship.1.jpg

By JOHN F. BURNS

SANA, Yemen, Nov. 11 — A month after the bombing of the destroyer Cole, a
bitter dispute has erupted within the Clinton Administration over whether to
accept Yemeni limits on the American investigation here or press for a wider
ranging inquiry that F.B.I. officials believe could potentially lead to
powerful people linked to the Yemeni government itself, American officials
on both sides of the dispute say.

The dispute has become so heated, according to officials in Washington, that
it has featured sometimes personal exchanges between leading American
officials on opposing sides. Two of the principal figures in the dispute,
with sharply conflicting views, according to those officials, have been
Louis J. Freeh, the F.B.I. director, and Barbara K. Bodine, the American
ambassador to Yemen.

According to a report this week in Al Hayat, an Arab-language newspaper
published in London whose reports have accurately prefigured many
disclosures in the Cole case so far, the F.B.I. wanted the American Embassy
in Yemen to demand that the Yemeni investigation be extended to "social,
political and military figures" with close ties to the Yemeni government.
The State Department has resisted, American officials say, for fear of
alienating Yemeni government officials and souring the atmosphere
surrounding the investigation still further, and because of a reluctance to
upset an already delicate, strategic relationship with Yemen.

The Al Hayat account was indirectly confirmed by an F.B.I. official, who
said a critical aspect of the case — whether the bombers had help from
powerful figures within Yemen and if so to what extent — was difficult, if
not impossible, to determine as long as the Yemeni government decided
exclusively whom to detain and interview.

Asked about the issue, a senior State Department official in Washington
refused to comment, but said it was true that the inquiry needed to go
beyond "the first and second levels," meaning who was immediately
responsible for the attack, "all the way back to the spider in the web."

Despite the strains, senior American and Yemeni officials said in recent
days that the dispute over Yemeni limits on the F.B.I. investigation was
close to being resolved after weeks of confrontations between senior
officials of the two governments. The deal now being worked out, both
governments say, would allow the F.B.I. close access to suspects for the
first time by permitting its agents to watch Yemeni interrogators by live
television relay or through a one-way mirror, and to pass written questions
to the Yemenis.

The F.B.I. has reacted coolly to the deal, partly because decisions on whom
should be questioned would remain exclusively with the Yemenis. But by
Friday the dispute appeared to be cooling, with F.B.I. officials saying that
the Yemenis, under criticism for their seemingly reluctant cooperation so
far, had handed over a large file of transcripts from interviews in the
case, and that those, and other new evidence, included valuable details that
should help move the investigation forward.

On the Yemeni side, the American- educated prime minister, Abdel Karim
al-Iryani, said today that American officials were no longer "making an
issue" over access to suspects, having accepted that Yemen was doing its
best to solve the case and that nobody in the government of President Ali
Abdullah Saleh was involved. On the contrary, Mr. Iryani said, whoever
planned the bombing intended to damage Mr. Saleh and his government's ties
with the United States. "We are not hiding anything, and the Americans have
accepted that," he said.

Still, the new terms for the F.B.I. role appear to fall far short of the
free-ranging role the bureau demanded — and the State Department vetoed — in
an internal dispute in Washington. The dispute, American officials say, drew
in Mr. Freeh, the F.B.I. director, Ms. Bodine, the ambassador, and the White
House.

Moreover, American officials say, the new arrangements could still fall
apart over Yemeni counterdemands for access to information on the bombing
that the F.B.I. gathers outside Yemen.

The issue, the State Department official said, was whether getting to the
people ultimately responsible for the attack, in Yemen or elsewhere, would
be more likely to be accomplished by accepting restraints on the F.B.I. that
respected Yemeni sensitivities about its sovereignty, or by pressing for
much wider access that would alienate President Saleh and other powerful
figures in Yemen, and perhaps cause them to become even less cooperative.

The State Department official was scathing about the F.B.I.'s demands,
saying the bureau lacked experience operating in countries with sharply
different cultures, had no understanding of Yemeni sensitivities about
"having a large Westerner standing in a room during the interrogation of a
Yemeni," and had allowed the urgency of the case to override its judgment.

"The idea that you do whatever you like, in spite of where you are, is just
silly," the official said. "Not all murder cases can be solved in the space
of a 50-minute TV show."

Earlier in the investigation, the F.B.I. reacted to what it considered
minimal Yemeni cooperation by removing most of the bureau's 150- member
contingent in Aden from a harbor hotel and billeting them aboard a Navy
ship, the Duluth, 10 miles out at sea. Later, most of the contingent
returned to the United States, leaving only 20 agents, many of them deeply
disgruntled, cooling their heels at another Aden hotel.

Until the transfer late this week of a rich new dossier of Yemeni interviews
with suspects, most of the information reaching the F.B.I. came in the form
of poorly translated, heavily edited transcripts, some of them days late. In
addition, F.B.I. agents visiting safe houses and other locations used in the
bombing were forbidden to talk to Yemenis who had met the bombers, and some
of those potential witnesses told American reporters later that they had not
been questioned by Yemeni investigators, either.

According to American officials, one issue that deepened suspicions in the
F.B.I. turned out to be a misunderstanding. Days after the bombing, the
Yemenis acknowledged to the F.B.I. that they had film of the bombing from a
harbor surveillance camera. But when this was handed over, the F.B.I. was
furious to find that it did not show the actual bombing and that the
sequence it did show, after the blast, had been jerkily edited.

Angry representations were made to the Yemenis, who said that the
surveillance cameras were set up to be used only as needed, after harbor
officials spotted something wrong. In addition, the Yemenis said, the
cameras were mounted on stanchions well behind the Cole's mooring point and
on the side of the ship opposite the one where attack occurred.

The issues behind the dispute between the F.B.I. and the Yemenis could
hardly be more critical, either for the prospects of a successful
investigation of the attack or for the future of American relations with
Yemen, which has emerged as a linchpin of American policy in the region. In
fact, the wrangling mirrors policy conflicts that preceded the decision in
1999 to start sending American warships into Aden for refueling — a decision
that ultimately led to the Cole bombing, which killed 17 American sailors.

That initial policy decision pitted officials in the Pentagon, the State
Department and American intelligence agencies who wished to encourage closer
ties with Yemen against others in the same agencies who warned of the
dangers involved in entrusting the safety of warships to a country that had
long been a sanctuary for terrorist groups.

So far, both the F.B.I. and the State Department say, the Yemenis have been
energetic in finding answers to the first issue in the bombing: how it was
done. F.B.I. and Yemeni investigators say they know that the men who guided
the skiff that carried the bomb — and who for months monitored American
ships entering the harbor — used the names Abdullah Ahmed Khaled Ali
al-Musawah and Muhammad Ahmed al-Sharabi, that those were false identities,
and that the two men were linked to a network of Islamic terrorist groups
that have had bases in southern and eastern Yemen for much of the last
decade.

But among the critical questions that remain unanswered, F.B.I. officials
say, is whether the Islamic terrorists relied on an old network of
connections between the terrorist groups and high-ranking figures in Sana,
the capital. Those ties were forged in the early 1990's when Mr. Saleh's
government was looking for allies in its struggle with a Socialist
government that had ruled a separate state in Aden since the late 1960's.

In 1994, Mr. Saleh's forces, with crucial support from armed Islamic groups,
won a brutal civil war and took control of Aden, but American intelligence
reports have shown that the links from that time, despite American-financed
efforts by the Saleh government to crack down on the terrorist groups, have
persisted.


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