The problem with this Perry Mason moment, however, is that it occurred in a Saudi Arabian prison, where no U.S. officials were present and where, according to human-rights groups, suspects are often physically abused. One of Abu Ali's lawyers, Edward MacMahon, said after the suspect's first court hearing last week that he personally saw "multiple scars" all over Abu Ali's back, looking "exactly like somebody who has been whipped." Prosecutors deny this, but even U.S. law-enforcement officials admit there is a good chance Abu Ali could eventually walk out of prison a free man.
But the problem may be bigger than that.
If the Saudis sent Abu Ali home—as they kept offering to do—Justice officials fretted the videotape would likely get tossed out of court, and Abu Ali would walk. "We didn't know what to do with this guy," one former Justice official confided to NEWSWEEK.
Their solution was to let him sit in a Saudi jail cell for 20 months with no access to a lawyer and no charges brought against him.
Critics say this is a prime example of how the Bush administration has "outsourced" the detention of terror suspects to cooperative Mideast countries with poor human-rights records.
The only reason he was returned to the U.S., Newsweek says, was that his parents had sued the Government over their son's detention and the federal judge wanted explanations from the Government as to what it knew about his detention in Saudi Arabia. Rather than tell, they brought him back to the U.S.
Newsweek goes on to ask whether this is a proper tactic in the terror war. We can answer that: No. We should not kidnap people and send them to countries that are known for human rights abuses. Period.
While the U.S. insists Abu Ali was not tortured, a Saudi source says differently, depending on what your definition of torture is.
U.S. prosecutors insist that Abu Ali was examined by doctors and there were no signs of abuse. But a source close to the Saudi security forces told NEWSWEEK that the interrogations of Abu Ali had indeed been aggressive. "He definitely got slapped around," the source said. "But he was not tortured."
If slapping someone around isn't torture to the Saudis, where do they draw the line? A slap and a kick? Or does it take a burning cigarette lodged an ear canal before they call it torture?
Everyone describes Abu Ali as polite and cooperative which will be another problem for prosecutors:
Prosecutors will also have to explain how a man described as unfailingly polite became ensnared by terrorists. Abu Ali's family proudly notes that he graduated at the top of his class at the Islamic Saudi Academy outside Washington.
Bottom line:
....inside Justice, many are still deeply uneasy. "I was amazed they did this," one veteran official said. "I don't know how [the prosecution] can be done successfully." Another senior law-enforcement official told NEWSWEEK that Justice was making the best of a bad situation. Even if the case ultimately collapses, an aggressive prosecution might be able to delay for years the day when Abu Ali will be able to "walk free," the official explained.
