Authors: Craig Parshall
Secretary Linton chose his words carefully.
“As I often advised President Warrenâand I would advise you the same thingâthe mediation process over there is always fragile. And it's always subject to a changing political environment. That's what makes it so difficult. We have multiple geopolitical entities claiming some interest in that process. But frankly, it all comes down to one thingâthe massacre on the Temple Mount reconfigured all of the prior alliances, destroyed the fragile peace process that had been built up to that point, and basically threw everything up for grabs.”
“I want you to bring me back into this process,” the president replied tersely. “Go back to square one. Back to the drawing board. Get Howard Kamura back into the middle of thingsâin the thick of itâand get him to elbow Mullburn completely out. If it means digging up some trash on him so we reduce his credibility to a smoldering ash pileâ¦then so be it. This guy has more hooks on himâ¦more dirty laundry than a Chinese dry cleaner in New York.”
“Well, we know about all the stories regarding Mr. Mullburn. I've seen the intelligence on him. The problem isâ¦he has escaped any definitive proof of wrongdoing, even though there are high suspicions involving manyâ¦many questionable dealings by Mr. Mullburn. In other words, he's managed to construct a plausible avenue of deniability regarding everything that's been alleged against him. As you know, the Department of Justice finally dropped its pursuit of him.”
“Maybe it's time to start up a new investigation of Mr. Mullburn,” the president replied.
“I don't think that is feasible,” Linton answered. “I've already talked to the attorney general. There is just nothing to go on. And at this point, if we convene yet another grand jury against Mr. Mullburn, he could make a good case for selective, discriminatory prosecution.”
President Landow studied him for a moment before she continued. Linton was, of course, the selection of her predecessor, Theodore Warren. But she was stuck with himâat least for the time being. Her administration was still in its infancy, and a change in secretary of state at this early juncture would be politically disastrous.
On the other hand, although Landow knew she had to work with Linton, that didn't mean she had to like it.
“Let me just say this,” Landow added. “You know what my priorities are. I want Mullburn squeezed out. I want the United States back in this process as chief negotiating agent. I want you to listen to me very carefullyâI want a signing ceremony between the Palestinian prime minister and the prime minister of Israel, with me in the middle. All of us shaking hands. Right there. Clear?”
Linton smiled cautiously and nodded.
“And there is one more thing,” Landow noted as she flipped through the report. “Yes, here it is. You talk about the Palestinian tribunal that's going to try the leader of that cult that blew up the Temple Mountâ”
“Hassan Gilead Amahn.”
“Yes. Amahn. Your report discusses the procedural aspectsâthe imminent trial of Mr. Amahnâthe fact that the Palestinians worked hard to make sure the UN didn't take over the process because they wanted the death penalty very badly on this. Now, as you know, I take a middle road on that. Polls are still very strong about the vast majority of Americans wanting the death
penalty against terrorists who kill innocent people. So I have no problem with that. But we need to get something understood⦔
“Yes, Madame President?”
“Well, first of all, the United States has to have a strong presence. We have to be visibly in support of the Palestinian effort to bring this guy to justice. Do you know what I mean?”
“Yes. We have several advisors from the Department of Justice assisting the Palestinians in establishing the tribunal. Drafting the procedural laws to apply to the trial. Selection of judges and so forth. Of course, the UN and the International Criminal Court have given the primary assistance in helping to fashion the tribunal. But the United States is also very much involvedâ”
“No, you're just missing this, Tom,” the president snapped. “We need to show that the United States helped to convict this man. We helped put him in the death chamber for his act of genocide against Muslims. That's what I'm talking about.”
“Well, we can hardly put that in a report,” Secretary Linton said with an air of surprise. “There has to be some semblance of a fair trial involved here. Madame President, you and I are both lawyers, andâ”
“Let's not get off on the rule of law,” Landow replied. “I don't need a lecture on that. I see three indisputable facts here. First of all, according to the polls I read just yesterday, about sixty-seven percent of the American people believe that this Gilead Amahn was the ringleader behind the bombings. That his religious fanaticism fueled the massacre. And then secondly, it is also pretty clear to me that Amahn was on the FBI's terrorist watch listâ¦we've got to mitigate that issue, it could be political suicide for us if it looks like he slipped through our fingers⦔
“Not exactly,” Linton replied. “He was not a known terrorist. In fact, nobody had identified him as a terrorist. It's just that his ethnic background, his former Islamic ties over in Cairo, and his trips back and forth between the United States, Israel, and Jordan had some time ago raised the question about whether we needed to look at him more closely. So when he got arrested for starting
a disturbance at an Islamic meeting in northern Virginia, we put a detainer on him so we could take a closer look. But the FBI and the DOJ decided he had no connections to any known terrorist organizations, so the hold was dropped.”
“Well then, let me give you my third issue. And this is probably the most important,” President Landow concluded. “Gilead Amahn is proof positive that what I had been saying during the campaign was absolutely true. A lot of folksâ¦the conservative talk-show hostsâyou know the same old bunchâthey were going berserk when I was nominated as VP on the ticket. Especially over my comments about a conspiracy of the extreme Christian terrorist fringe. Well, all that ends up to be true, doesn't it, if you look at this Gilead Amahn. He's part of the lunatic elementâ¦this prophecy cult that thinks they can bring Jesus back to earth by blowing up half of Jerusalem. That's the kind of religious fanaticism, the kind of right-wing stuff I've been up against all my life. And now it's come home to roost. If they aren't blowing up abortion clinics, then they're blowing up Muslim sites to bring on the Second Coming. Soâ¦Amahn needs to be brought to justice for that massacre, and it has to be swift and final.”
“Well, if it's any consolation,” Secretary Linton replied, “the prosecution team in Ramallah has some very strong evidence. They're very dedicated to bringing Amahn to a criminal conviction.”
“Tom, let's just cut to the chase,” Landow said. “I know the Palestinians. I've talked to those people since the Temple Mount bombing. I know full well that they want to crucify this Gilead Amahn.”
Then she put down her bottle of water, leaned forward, and looked Linton in the eye.
“So what I'm saying,” the president said with the full measure of her assumed authority, “is that we need to provide them with the hammer and nails.”
W
ILL
C
HAMBERS HAD CLEARED EVERYTHING
from his calendar that day except for one caseâ
The International Tribunal of the Palestinian Authority v. Hassan Gilead Amahn, Accused.
He put in several calls to Deputy Secretary of State in Charge of Middle Eastern Affairs, Bob Fuller, but each time was referred to a secretary who indicated Mr. Fuller was not available.
Finally, a call came in from the State Department. Hilda transferred it back to Will's desk.
“Mr. Chambers?”
“Yes.”
“My name is Tom Fallow. I'm an assistant legal counsel over at the State Department. I know that you wanted to get through to Bob Fullerâ”
“Yes,” Will interrupted. “Bob Fuller and I worked together on a case I handled involving the government of Sudan. And some time ago Bob was kind enoughâat least it's my speculationâhe made a call to Cairo to get my client, Hassan Gilead Amahn, released from illegal detention. Now, of course, you know Mr. Amahn is being charged by an international tribunalâ”
“Let me just short-cut this,” Fallow broke in. “Mr. Fuller regrets to inform you that the State Department will be unable to assist you in any manner regarding your defense of Mr. Amahn. That is the formal position taken by the State Department. He also indicates that there is no point in further dialoguing with you about the Amahn case.”
“Well,” Will replied, “that makes it clear.”
“That is my purpose,” Fallow answered curtly. “The State Department wants our position to be very clear and very plain. We can lend you absolutely no assistance in your defense of your case.”
Will hung up the phone, surprised that Bob Fuller had refused to even discuss the case.
He had no alternative but to shrug off the State Department's refusal to deal and turn to his other work on the case. He had just faxed and e-mailed to an Arab translator a notice of retainer he was filing with the Palestinian International Tribunal, giving notice that he had been formally retained as defense counsel for Gilead Amahn.
Now he began sketching out the broad contours of what he considered to be the foundational issues of the case. Tiny Heftland, who had just arrived in Ramallah, had not yet had a chance to interview Gilead or obtain any of the prosecution documents or pleadings, so Will was relegated to doing an Internet search of every newspaper article and government document relating to the Amahn case. He went to the official Palestinian Authority Web site and obtained a copy of several press releases that the newly created Palestinian International Tribunal had released about the procedural status of the case, along with numerous press releases from the office of the public prosecutor of the Palestinian Authority.
Will then contacted a former FBI agent, an expert in explosives, to begin schooling him on the nature of the devices and compounds used on the Temple Mount.
Will was limited to the scant information he had at that point, but his explosives expert was already faxing him some background information. The way Will viewed the issues in the case, the starting point for the prosecution's case was the forensics evidence involving the nature of the explosives and their linkage to the Knights of the Temple Mount.
But beyond that was also the ideological component. Will knew that the Palestinian Authority had to create a connection between the violent theology and apocalyptic plan of the Knights of the Temple Mountâand the belief and conduct of Gilead Amahn.
Which then brought Will to the most critical aspect of the caseâwhat Gilead had actually known about any plans that the Knights of the Temple Mount had for the bombingâand exactly what Gilead had said, or done, to either encourage or implement that plan.
Will filled close to ten pages of his yellow legal pad with potential areas of investigation, legal research, and questions to be answered during the discovery stage of his defense.
As he looked at one of the press clippings in his file, he was reminded of the name of Attorney Mira Ashwan, the court-appointed amicus curiae for the defense of Gilead's case.
Will called his Arab translator at Georgetown and asked her if she could stand by on a conference call while he tried to connect with the law office of Attorney Ashwan in Hebron.
Will asked Hilda to put together an international call to Attorney Ashwan's office. When the call was answered, the Arab translator explained that Ashwan was on another phone call and suggested that Will try to set up a conference call ten minutes later.
The second time was a success. He was somewhat surprised, after getting past the Arabic-speaking secretary, to hear Mira Ashwan's crisp, highly intelligible English.
“You speak English very well. As a matter of fact, you speak it infinitely better than any attempt I could make at Arabic.”
There was no reply at the other end.
Will dismissed the Arabic translator as unnecessary and continued his conversation directly with Attorney Ashwan.
“Ms. Ashwan, I am the newly retained defense counsel for Gilead Amahn. I wanted a chance to chat with you. I understand your role as a court-appointed amicus curiae is not exactly that
of defense counsel. But in essence, the court is asking you to fashion arguments for the defense, and to that extent, we have a mutuality of interest.”
“Yes,” she answered cautiously. “And what would you like to discuss?”
“Well, at this stage,” Will replied, “nothing in particular. I just wanted to open the lines of communication between our two offices. I'll send you a copy of the notice of retainer I just filed electronically with the Palestinian Authority and the International Palestinian Tribunal.”
“I will certainly read it,” Ashwan answered coldly.
“Then, I look forward to working with you toward our mutual aim of providing the most aggressive, zealous defense possible for Mr. Amahn.”
“Yes. Thank you,” Ashwan answered and hung up.