{M-H-O} US Betrayed India on 26/11, No death for Headley

Pakistani-American terrorist David Headley aka Daood Gilani has avoided extradition to India and a possible death sentence in the Mumbai terror case. Plea bargain is a long-standing part of the US criminal justice system under which prosecutors offer defendants the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence. In this case, Headley pled guilty to all 12 counts in return for recommendation of a lighter than maximum sentence that could have been a death penalty. The counts are: • Conspiracy to bomb public places in India; • Conspiracy to murder and maim persons in India; • Six counts of aiding and abetting the murder of U.S. citizens in India; • Conspiracy to provide material support to terrorism in India; • Conspiracy to murder and maim persons in Denmark; • Conspiracy to provide material support to terrorism in Denmark; • And conspiracy to provide material support to terrorist Lashkar In fact, plea agreement indicates that Headley escapes life imprisonmentas he cooperates to the satisfaction of US authorities. "In light of Headley's past cooperation and expected future cooperation, the Attorney General of the United States has authorized the United States Attorney in Chicago not to seek the death penalty against Headley," the US Department of Justice said in an explanatory statement The plea agreement calculates "an anticipated advisory sentencing guideline of life imprisonment" it said, but added that if Headley "continues to provide full and truthful cooperation, the Government will ask the Court to grant an unspecified departure from the sentencing guidelines." In other words, if Headley cooperates to the US government's satisfaction, it will ask the court to give a lesser sentence than even life imprisonment. "The sentencing discretion will be entirely up to the court," Randall Samborn, a spokesman for the US Department of Justice, told ToI. Samborn also declined to go into aspects of India getting access to Headley, saying that will require him "to speculate about the process." However, in a statement following the plea deal, US Attorney General Eric Holder indicated that the Chicago proceedings were just the starting point in unearthing the full dimension of the terror plots that Headley and Lashkar-e-Taiba were involved in, and which goes back to Pakistan. "Today's guilty plea is a crucial step forward in our efforts to achieve justice for the more than 160 people who lost their lives in the Mumbai terrorist attacks. Working with our domestic and international partners, we will not rest until all those responsible for the Mumbai attacks and the terror plot in Denmark are held accountable," Holder said. "Not only has the criminal justice system achieved a guilty plea in this case, but David Headley is now providing us valuable intelligence about terrorist activities. As this case demonstrates, we must continue to use every tool available to defeat terrorism both at home and abroad," he added. One of Headley's co-defendants, Tahawwur Rana, 49, of Chicago, who is also his peer and schoolmate was indicted in January on three counts -- conspiracy to provide material support to the Mumbai attacks; conspiracy to provide material support a plot in Denmark; and providing material support to Lashkar -- has pleaded not guilty and remains in federal custody in Chicago while awaiting trial. Two others, Abdur Rehman and Ilyas Kashmiri, both formerly with the Pakistani military, who were charged in the same indictment with conspiracy to murder and maim persons, are believed to be "absconding" in Pakistan. Some New Facts: Including how in March 2009, a Lashkar member advised Headley that Lashkar put the Denmark newspaper attack on hold because of pressure resulting from the Mumbai attacks. In May 2009, Headley and Abdur Rehman again met with Kashmiri in Waziristan. Kashmiri told Headley to meet with a European contact who could provide Headley with money, weapons and manpower for the newspaper attack, and relate Kashmiri's instructions that this should be a suicide attack and the attackers should prepare martyrdom videos beforehand. Kashmiri reportedly stated that the attackers should behead captives and throw their heads out of the newspaper building to heighten the response from Danish authorities, and added that the "elders," whom Headley understood to be al-Qaida leadership, wanted the attack to happen as soon as possible. Headley was arrested on Oct. 3, 2009 at O'Hare International Airport in Chicago, intending ultimately to travel to Pakistan to deliver the approximately 13 surveillance videos to Abdur Rehman and Kashmiri, the plea agreement states. Speculation has turned into reality: Headley's guilty plea was indeed a bargain tactic for a lighter sentence. In return he will give information that can unravel the larger terror plot.   What it actually does is strengthens the belief that Headley was once an American agent who turned rogue and joined terrorists, and the US will go to any length to prevent him from spilling the beans. India is more suspicious because Headley was on the FBI radar for over a year before his arrest. The US did not share this intelligence.   Headley was under surveillance a month before 26/11. Still no information was shared, even though the FBI had details on potential terror strike on Indian hotels.   The worst: Headley visited India after 26/11, a visit the US was aware of and yet did not tell India.   Headley was informer, conducted surveillance for US Drug Enforcement Agency in Afghanistan and Pakistan. Headley turned informer for the US Drug Enforcement Agency more than a decade ago and conducted surveillance in Afghanistan and Pakistan, where he first made contact with the Lashkar-e-Toiba leadership. He was a valuable asset to the terrorist world because of his ability to move easily between the east and west. Headley was under FBI and CIA surveillance. In fact CIA knew of his Lashkar links but didn't inform India. The US waited till as late as October 2009 to intercept him. Born Daood Gilani, he spent his childhood in Pakistan and had also enrolled in Pakistan's military academy, Hasan Abdal Cadet College. US plays here double game with their double agent.But Indian government is trying to make sure that India gets opportunity to ask Headley as per US laws. Regards Shail

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