Probe of USS Cole bombing unravels

Amid the friction, U.S. and Yemeni investigators soon identified the ringleader of the attack as Abd al-Rahim al-Nashiri, a Saudi national of Yemeni descent who served as al-Qaeda's operations chief in the Arabian Peninsula.

At the time, Yemeni authorities insisted that Nashiri had fled the country before the Cole bombing. But a senior Yemeni official said that was not the case and that Yemeni investigators had located Nashiri in Taizz, a city about 90 miles northwest of Aden, soon after the attack. The official said Nashiri spent several months in Taizz, where he received high-level protection from the government. "We knew where he was, but we could not arrest him," said the official, who spoke on condition of anonymity because he feared retaliation.

Nashiri eventually left Yemen to prepare other attacks on U.S. targets in the Persian Gulf, U.S. officials said. He was captured in the United Arab Emirates in November 2002 and handed over to the CIA. He was detained in the CIA's secret network of overseas prisons until he was transferred to Guantanamo Bay in September 2006.

In a hearing at Guantanamo last year, Nashiri said he confessed to masterminding the Cole attack only because he had been tortured.

"From the time I was arrested five years ago, they have been torturing me," he said, according to a transcript. "I just said those things to make the people happy."

Another al-Qaeda leader, Tawfiq bin Attash, who also played an organizing role in the Sept. 11 hijackings, was arrested in Karachi, Pakistan, in May 2003 and confessed last year to overseeing the Cole plot. In a separate appearance before a Guantanamo tribunal, he said he had helped buy the explosives and the motorboat. He also said he had recruited operatives for the plot but was in Afghanistan at the time of the attack.

Bin Attash and Nashiri were both named unindicted co-conspirators in the Justice Department's investigation into the Cole attack. A decision was made not to indict them because pending criminal charges could have forced the CIA or the Pentagon to give up custody of the men, U.S. officials said in interviews.

After a long trial, a Yemeni court condemned Badawi, the organizer, to death in 2004, although his sentence was reduced on appeal to 15 years in prison. Four other conspirators were given prison sentences ranging from five to 10 years.

The convicts were sent to a maximum security prison in Sanaa, the capital. They didn't stay there long.

On Feb. 3, 2006, prison officials announced that 23 al-Qaeda members, including most of the Cole defendants, had vanished. They escaped by digging a tunnel that snaked 300 feet to a nearby mosque.

It was Badawi's second successful jailbreak. Three years earlier, he had wormed out of another maximum security prison in Aden; Yemeni officials said he had picked a hole through the bathroom wall.

Badawi surrendered about 20 months after his second escape. But Yemeni authorities cut him a deal. They said they would let him remain free if he would help them search for the other al-Qaeda fugitives.

The arrangement was kept secret until Yemeni newspapers reported shortly afterward that Badawi had been spotted at his home in Aden.

U.S. officials said they were stunned. After his first escape, Badawi had been indicted in U.S. District Court in New York for the Cole killings, and the United States had posted a $5 million bounty for his capture. But U.S. officials couldn't get their hands on him. "This was someone who was implicated in the Cole bombing," State Department spokesman Sean McCormack said at the time. "He needs to be in jail."

U.S. officials withheld $20 million in aid to Yemen and canceled a visit by Secretary of State Condoleezza Rice. Yemeni officials said they quickly put Badawi back behind bars. But reports persist that his incarceration remains a day-to-day affair.

In December, a Yemeni newspaper reported that Badawi had again been seen roaming free in public. One source close to the Cole investigation said there is evidence that Badawi is allowed to come and go, despite the periodic requests by U.S. officials to inspect his prison cell.

Diplomatic relations soured further in February, when the U.S. Embassy in Sanaa learned that Fahd al-Quso, another Cole conspirator, had been secretly freed nine months before. Like Badawi, Quso faces U.S. charges in the Cole case and has a $5 million bounty on his head.

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