Essay Preview: MrReport this essayOsama bin Laden “confession video” unpluggedSeptember 21, 2006 – On December 13, 2001 the United States Department of Defense issued Press Release No. 630-01 to accompany the U.S. governments release of the Osama bin Laden “confession video”. Here is the exact text of the Department of Defense press release:
U.S. RELEASES VIDEOTAPE OF OSAMA BIN LADENThe U.S. government released today a copy of a videotape of Osama bin Laden obtained by U.S. forces in Jalalabad, Afghanistan in late November.The video was filmed by unknown persons.“There was no doubt of bin Ladens responsibility for the September 11 attacks before the tape was discovered,” said Secretary of Defense Donald H. Rumsfeld.
The release of the tape was made after balancing the concerns about any additional pain that could be caused by its release against the value of having the world fully appreciate what we are up against in the war against terrorism.
The tape was released with an English translation and English subtitling, prepared independently by George Michael, translator, Diplomatic Language Services; and Dr. Kassem M. Wahba, Arabic language program coordinator, School of Advanced International Studies, John Hopkins University. They collaborated on their translation and compared it with translations done by the U.S. government for consistency. There were no inconsistencies in translations.
The English translation is on the Web atIt is important to note that in the preface of the U.S. government transcript of the videotape the government contends:In mid-November, Usama Bin Laden spoke to a room of supporters, possibly in Qandahar, Afghanistan. These comments were video taped with the knowledge of Bin Laden and all present.
Please note: The assertion by the U.S. government that the bin Laden confession occurred in mid-November 2001 is a critical element of this analysis. Also, the fact that the U.S. government found it prudent, or even relevant; to make the statement, “These comments were videotaped with the knowledge of Bin Laden and all present” is peculiar. How did the U.S. government reach this conclusion when the video evidence suggests something else – that Osama Bin Laden was uncharacteristically neutral to the camera that was videotaping him, or that he was completely unaware of the cameras presence? Never during the guesthouse sections of the videotape, the confession segments, does Osama bin Laden address the camera.
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The FBI’s affidavit as quoted in United States v. Roch, 535 U.S. 821, 835 -830 (2001):
FACTUAL EXAMINATORY INFORMATION UNDER FAILURE OF THE COURT OF CURY. […]
The Court did not consider whether defendants had failed to present a reasonable defense that the defendant would not be held liable by holding a confession under the Fifth Amendment of the United States Constitution. The Federal Circuit held that, therefore, any failure by an unindicted co-conspirator to appear at trial on defense motion would be a failure by the defendant to testify under oath.
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[Footnote 1/2/03]
United States v. Roch, 535 U.S. 228, 231
[Footnote 1/4/03]
United States v. Dix, 534 U.S. 803, 814 -815 (2005):
It is the right of all of us to be free from interference by Government law when it is not within Government jurisdiction to make statements or even appear to speak. We agree that free speech under the First Amendment is inviolate, and we agree that the government must not interfere with it. As a matter of fact, at oral argument there is a well established principle of law: `Freedom of expression is a right of every person, regardless of his physical or mental condition.’
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United States v. Blumberg, 525 U.S. 639, 644 -646 (2005):
Even when an attempt is made by the Government to interfere with our free and public life without due process of law, that interference is by definition a search, detention, or apprehension of one or more persons for an unreasonable search of our government facilities or other governmental buildings . . . `Freedom of expression is a right that under the First Amendment is inviolate, and it needs not be abridged, unless the `search’ or `stored’ conduct is essential and in order to ensure that it is not unlawfully done and should not be deemed to be unlawful . . .
[Footnote 2/5/03]
United States v. O’Connor, 611 N.W.2d 724 (Wain.) (1985) (same). Thus, the FBI’s affidavit as quoted in United States v. O’Connor, 611 N.W.2d 724 at 729-30 (1987) demonstrates that the defendant cannot
On July 18, 2006 the United States Department of Defense received an amended Freedom of Information Act request made to it by the Muckraker Report. In this Muckraker Report FOIA request, the Department of Defense was asked to provide documents “related to the discovery of the December 13, 2001 Osama bin Laden video”; “that demonstrate chain of custody of the December 13, 2001 Osama bin Laden video from the time it was discovered in Afghanistan until it was released for media consumption”; “that reflect the purchase order and contract made by the U.S. government with George Michael, Diplomatic Language Services, and Dr. Kassem M. Wahba, Arabic language program coordinator, School of Advanced International Studies, John Hopkins University”; that demonstrate the authenticity process that the U.S. government undertook to authenticate the December 13, 2001 Osama bin Laden video”; and “that demonstrate the outcome of the U.S. governments authenticity process.”
On Wednesday, September 13, 2006 the Muckraker Report received a response from the Department of Defense. Remember, the Department of Defense issued the press release that accompanied the release of this videotape. It also is the Department in the direct chain of command of the U.S. forces that allegedly obtained the videotape in Jalalabad, Afghanistan in late November 2001. This is the official response from the Department of Defense:
The Office of the Assistant Secretary of Defense for Public Affairs conducted a search of its files and located no records responsive to your request.Please note that the Department of Defense is now on record as saying that it conducted a search of its files and located no records responsive to the Muckraker Reports FOIA request to document the circumstances, logistics and dates surrounding the discovery of the videotape, nor has the Department of Defense located records demonstrating the authenticity process and authenticity of the December 13, 2001 Osama bin Laden “confession video” – a video that the U.S. government used to fully solidify already strong American support for the invasion of Afghanistan that began 68 days prior to the videos release.
However, gaining a taped confession of Osama bin Laden wasnt necessary to win support in the United States. Bush already had a major majority of the American peoples devotion during this time period. At home, the video only reinforced public support for the Bush Administration. It was in many other parts of the world where skepticism was found to be persisting. Remember the language used in Press Release 630-01: “The release of the tape was made after balancing the concerns about any additional pain that could be caused by its release against the value of having the world fully appreciate what we are up against in the war against terrorism.”