TIME Morning Must Reads

Morning Must Reads: July 22

Capitol
The early morning sun rises behind the US Capitol Building in Washington, DC. Mark Wilson—Getty Images

In the news: Ukraine rebels turn over bodies from downed Malaysia Airlines Flight 17; Kerry seeks Gaza cease-fire; Detroit suspends water shutoffs; One of the largest private gifts ever for scientific research; Georgia GOP primary; 10 years since the 9/11 Commission report

  • “After days of resistance, pro-Russian rebels on Monday yielded some ground in the crisis surrounding downed Malaysia Airlines Flight 17—handing over passengers’ bodies, relinquishing the plane’s black boxes and pledging broader access for investigators to the crash site.” [WashPost]
    • Why Putin Is Willing to Take Big Risks in Ukraine [WSJ]
    • “The crash of Malaysia Airlines Flight 17 exposes the truth about RT, the Russian English-language propaganda outlet.” [TIME]
  • Israel pounded targets across the Gaza Strip on Tuesday, saying no ceasefire was near as top U.S. and U.N. diplomats pursued talks on halting fighting that has claimed more than 500 lives. U.S. Secretary of State John Kerry held talks in neighboring Egypt, while U.N. Secretary General Ban Ki-moon was due to arrive in Israel later in the day.” [Reuters]
  • “Whether the Afghan forces can sustain themselves in the critical districts the Green Berets will be ceding to them is an urgent question all over the country. The answer will help define America’s legacy in Afghanistan, much as it has in Iraq, where the Iraqi forces have fallen apart in combat.” [NYT]
  • “Congress and the President have finally found some common ground: Obama will sign the first significant legislative job training reform effort in nearly a decade on Tuesday.” [TIME]
  • Breakthrough on VA Reform Bill? [Hill]
  • “President Barack Obama on Monday signed an executive order aimed at protecting workers at federal contractors and in the federal government from discrimination on the basis of sexual orientation and gender identity.” [Politico]
  • “The Detroit Water and Sewerage Department is suspending its water shutoffs for 15 days starting today to give residents another chance to prove they are unable to pay their bills.” [Detroit Free Press]
  • “…the Broad Institute, a biomedical research center, announced a $650 million donation for psychiatric research from the Stanley Family Foundation—one of the largest private gifts ever for scientific research. It comes at a time when basic research into mental illness is sputtering, and many drug makers have all but abandoned the search for new treatments.” [NYT]
  • Jack Kingston’s Insider Advantage [NJ]
  • “The evidence for a left-wing challenge to Clinton that could defeat her is thin to nonexistent.” [Slate]
  • “Ten years ago today, we released The 9/11 Commission Report to the government and the American public…” [USA Today]
TIME foreign affairs

Malaysia Airlines Ukraine Crash: Tragedy Fuels the U.S. Intervention Machine

John McCain
U.S. Sen. John McCain, R-Ariz., criticizes the Obama administration during a Jackson, Miss., runoff rally in support of Republican U.S. Sen. Thad Cochran at the Mississippi War Memorial in Jackson, Miss., June 23, 2014. Rogelio V. Solis—AP

Whatever happened in Ukrainian airspace doesn’t immediately or obviously involve the United States.

Apart from the probable cause of its destruction, we know almost nothing about the Malaysian Airlines Flight MH17 that was “blown out of the sky” yesterday over eastern Ukraine, according to Vice President Joe Biden. President Obama confirmed today that one American was among the dead and that separatists with ties to Russia are allowing inspectors to search the wreckage area. In today’s press conference, Obama stressed the need to get real facts — as opposed to misinformed speculation — before deciding on next steps.

Yet even with little in the way of concrete knowledge — much less clear, direct ties to American lives and interests — what might be called the Great U.S. Intervention Machine is already kicking into high gear. This is unfortunate, to say the least.

After a decade-plus of disastrous wars in Afghanistan and Iraq that resulted in the deaths of hundreds of thousands of people (including almost 7,000 American soldiers) and constitutionally dubious and strategically vague interventions in places such as Libya, it is well past time for American politicians, policymakers, and voters to stage a national conversation about U.S. foreign policy. Instead, elected officials and their advisers are always looking for the next crisis over which to puff up their chests and beat war drums.

Which is one of the reasons why Gallup and others report record low numbers of people think the government is up to handling global challenges. Last fall, just 49 percent of Americans had a “great deal” or “fair amount” of trust and confidence in Washington’s ability to handle international problems. That’s down from a high of 83 percent in 2002, before the Iraq invasion.

In today’s comments, President Obama said that he currently doesn’t “see a U.S. military role beyond what we’ve already been doing in working with our NATO partners and some of the Baltic states.” Such caution is not only wise, it’s uncharacteristic for a commander-in-chief who tripled troop strength in Afghanistan (to absolutely no positive effect), added U.S. planes to NATO’s action on Libya without consulting Congress, and was just last year agitating to bomb Syria.

Despite his immediate comments, there’s no question that the downing of the Malaysian plane “will intensify pressure on President Obama to send military help,” observes Jim Warren in The Daily News. Russia expert Damon Wilson, who worked for both the Clinton and George W. Bush administrations, says that no matter what else we learn, it’s time to beef up “sanctions that bite, along with military assistance, including lethal military assistance to Ukraine.” “Whoever did it should pay full price,” Sen. Carl Levin (D-Mich.), the head of the Senate’s Armed Services Committee, says. “If it’s by a country, whether directly or indirectly, it could be considered an act of war.”

The immediate response of Arizona Sen. John McCain, the 2012 Republican presidential, was to appear on Fox News’ Hannity and fulminate that America appears “weak” under the leadership of President Obama and to imply that’s why this sort of thing happens. If the Russian government run by Vladimir Putin or Russian separatists in Ukraine are in any way behind the crash — even “indirectly” — said McCain, there will be “incredible repercussions.”

Exactly what those repercussions might be are anybody’s guess, but McCain’s literal and figurative belligerence is both legendary and representative of a bipartisan Washington consensus that the United States is the world’s policeman. For virtually the length of his time in office, McCain has always been up for some sort of military response, from creating no-fly zones to strategic bombing runs to boots on the ground to supplying arms and training to insurgents wherever he may find them. He was a huge supporter not just of going into Afghanistan to chase down Osama bin Laden and the terrorists behind the 9/11 attacks but staying in the “graveyard of empires” and trying to create a liberal Western-style democracy in Kabul and beyond.

Similarly, he pushed loudly not simply for toppling Saddam Hussein but talked up America’s ability to nation-build not just in Iraq but to sculpt the larger Middle East region into something approaching what we have in the United States. Over the past dozen-plus years, he has called for large and small interventions into the former Soviet state of Georgia, Libya, and Syria. He was ready to commit American soldiers to hunting down Boko Haram in Nigeria and to capturing African war lord Joseph Kony. In the 1990s, he wanted Bill Clinton to enter that Balkan civil wars early and often.

In all this, McCain resembles no other politician more than the presumptive Democratic presidential nominee, Hillary Clinton, whose hawkishness is undisputed. Like McCain, Clinton has long been an aggressive interventionist, both as a senator from New York and as secretary of state (where her famous attempt to “reset” relations with Russia failed spectacularly when it turned out that the “Reset” button she gave her Soviet counterpart meant “overcharged” rather than the intended conciliatory term). In the wake of Flight MH17 being shot down, Clinton has already said that the act of violence is a sign that Russian leader Vladimir Putin “has gone too far and we are not going to stand idly by.”

For most Americans, the failed wars in the Iraq and Afghanistan underscore the folly of unrestrained interventionism. So too do the attempts to arm rebels in Syria who may actually have ties to al Qaeda or other terrorist outfits. Barack Obama’s unilateral and constitutionally dubious deployment of American planes and then forces into Libya under NATO command turned tragic with the death of Amb. Chris Stevens and other Americans, and we still don’t really have any idea of what we were trying to accomplish there.

No one can doubt John McCain’s — or Hillary Clinton’s — patriotism and earnestness when it comes to foreign policy. But in the 21st century, America has little to show for its willingness to inject itself into all the corners of the globe. Neither do many of the nations that we have bombed and invaded and occupied.

Americans overwhelmingly support protecting Americans from terrorism and stopping the spread of nuclear weapons. They are realistic, however, that the U.S. cannot spread democracy or preserve human rights through militarism.

When the United States uses its unrivaled military power everywhere and all the time, we end up accomplishing far less than hawks desire. Being everywhere and threatening action all the time dissipates American power rather than concentrates it. Contra John McCain and Hillary Clinton, whatever happened in Ukrainian airspace doesn’t immediately or obviously involve the United States, even with the loss of an American citizen. The reflexive call for action is symptomatic of exactly what we need to stop doing, at least if we want to learn from the past dozen-plus years of our own failures.

President Obama is right to move cautiously regarding a U.S. response. He would be wiser still to use the last years of his presidency to begin the hard work of forging a foreign-policy consensus that all Americans can actually get behind, not just in this situation but in all the others we will surely encounter.

TIME Foreign Policy

Inside John Kerry’s Diplomatic Save in Afghanistan

Presidential candidates Abdullah Abdullah, right, and Ashraf Ghani embrace at a news conference with Secretary of State John Kerry where a deal to audit ballots was announced, in Kabul, Afghanistan on July 12, 2014.
Presidential candidates Abdullah Abdullah, right, and Ashraf Ghani embrace at a news conference with Secretary of State John Kerry where a deal to audit ballots was announced, in Kabul, Afghanistan on July 12, 2014. Jim Bourg—The New York Times/Redux

Up to one million might have died, an Afghan leader warned.

As the sun went down over Kabul on Saturday July 13, Afghanistan’s future hung in the balance. Accusations of fraud in the country’s recent presidential election had paralyzed the country’s politics and threatened to trigger a civil war that could destroy the progress America’s costly military and diplomatic efforts had delivered since 2001. The parties in the dispute had convened at the residence of the American ambassador in Kabul, but the two sides couldn’t reach agreement.

Secretary of State John Kerry arrived on the scene that Saturday evening just as key Afghan players were headed out to the patio for their evening prayers. Scheduled to depart 90 minutes earlier for Vienna, where he was to join the ongoing international negotiations with Iran over its nuclear program, Kerry had delayed his departure to make a last ditch effort to broker a deal.

It was a dangerous moment, and not just for the Afghans. Without an agreement between second place finisher Abdullah Abdullah and the election’s declared winner, Ashraf Ghani, Afghanistan was at risk of an implosion like the one that enabled the Taliban to take power in 1996—creating a safe haven for Osama bin Laden to plot the 9/11 attacks. And Kerry’s visit defied the advice of other Obama officials who warned any diplomatic intervention on the U.S. part held “the risk of complete failure,” in the words of a senior official.

The details of how Kerry defused the stalemate, based on accounts from a half-dozen officials familiar with the talks, reveals an Afghanistan closer to the brink than many outsiders may appreciate. It also illuminates rare foreign policy win for Kerry and for an Obama administration staggered by months of setbacks, one whose importance has been overshadowed by turmoil in the Middle East and Ukraine. Finally, it shows how fragile the country remains as the U.S. prepares to withdraw the last of its combat troops later this year.

The crisis was the result of the inconclusive June 14 presidential vote to replace the longtime Afghan ruler Hamid Karzai. Abdullah, the losing candidate, was insisting the vote had been rigged to the tune of hundreds of thousands of fraudulent ballots. By mid-July, Abdullah’s supporters had threatened to create a kind of protest government. Rumors swirled of an armed rebellion, with the potential to ignite dormant ethnic and tribal rivalries. “We will accept death but not defeat,” Ghani’s running mate, the notorious ex-warlord Abdul Rashid Dostum, had recently vowed. “It was pretty frightening. People were preparing for civil war,” says one official.

On July 8 President Obama called Abdullah directly, warning that American aid to country could be cut off if he didn’t stand down. The call bought time but didn’t resolve the core dispute. “The president’s role was to intervene at a point where it looked like the dispute was threatening the stability of Kabul and the country. But that didn’t necessarily mean there was enough pressure to come to an agreement,” says one senior administration official. “Both candidates remained pretty dug in to their positions,” says another.

Kerry had arrived late on the night of July 10 from Beijing, diverting from his planned itinerary to Geneva for the Iran talks. Over the next three days, through long meetings, first with Abdullah’s camp, and then with Ghani’s, Kerry’s team hammered out a plan.

Afghanistan’s election commission, under international supervision, would audit every one of the eight million ballots cast in the June 14 vote (a runoff after an initial April 5 election.) The plan also called for a power-sharing arrangement that would give Abdullah an important role in the new Afghan government, potentially as a kind of deputy national leader. (The details have yet to be finalized and officials called reports of a European-style parliamentary system premature.)

A key asset in establishing the framework for the deal, officials say, was the relationship Kerry had built with the major players—Abdullah, Ghani, and also Karzai—over many years, dating to his tenure as Senate Foreign Relations Committee chairman. When Abdullah contested a fraud-rife 2009 election that returned Karzai to power, Kerry rushed to the country for long meetings with both men after a distrustful Karzai refused to talk to the U.S. special envoy to the country, Richard Holbrooke. Karzai is even less inclined to trust Washington today, and rarely speaks with President Obama. But the Afghan leader does maintain a good rapport with Kerry.

“Obviously a lot of the machinery of this took place from the White House and by phone. But ultimately a large part of why this got sealed is that Kerry had built up a relationship with Ghani, Abdullah and Karzai going all the way back to 2009,” says Jonah Blank, an Afghanistan expert with the RAND Corporation

Though the framework of the deal had been hammered out over the previous two days, the decisive moment came that Saturday evening, at the residence of U.S. Ambassador James B. Cunningham, after Abdullah and his retinue had finished prayers and broken their Ramadan fast. Ghani and his allies were elsewhere on the heavily fortified U.S. embassy compound; the two contenders for Afghanistan’s presidency had not yet met face-to-face.

Kerry had been buoyed by an earlier meeting with Karzai, who agreed to delay the country’s scheduled August 3 presidential inauguration, which a time-consuming audit of every ballot would require. But when Kerry arrived at Cunningham’s residence, Abdullah still wasn’t sold on a deal. Could he really trust an election process run by the government of Ghani’s ally Karzai?

Kerry pleaded with Abdullah to accept the deal. “I’m asking you as a friend to trust me,” he said. Kerry walked the group through several chapters in his life story, from the Vietnam War to the 2004 presidential campaign, and concluded by calling the meeting among the most important he’d ever attended. He urged Abdullah and his allies to consider the millions of Afghans who had voted despite Taliban threats—the Americans who had done so much for Afghanistan. “U.S. soldiers didn’t come here to fight and die to see this election fail,” Kerry said.

“You could tell that shifted the dynamic,” says an official who was present. Shortly after 9pm, Abdullah agreed to the deal.

Within half an hour, Ghani had arrived to clinch the agreement with his rival in person. The discourse between the Abdullah and Ghani camps had not been civil of late—at one rally, Abdullah’s running mate had called Ghani a name that roughly translates as “dried-up intestine.” But the men greeted each other warmly. If they felt personal hostility, says one official, “they did a good job of hiding it.”

As they headed to a midnight press conference, officials present say the men seemed to take pride in an agreement that had spared their country the threat of a nightmarish descent into chaos.

On July 16, President Obama opened his press conference announcing new economic sanctions against Russia by congratulating his Secretary of State for brokering the Afghan deal. Obama said it had preserved “the first democratic transfer of power in the history of that nation.”

In a conversation the day after Kerry’s departure, Ghani shared his relief over the outcome. The agreement, he said, may have saved one million Afghan lives.

TIME Afghanistan

Gunmen Attack Kabul Airport, Four Militants Killed

Afghan policemen arrive at the site of an attack in Kabul
Afghan policemen arrive at the site of an attack in Kabul on July 17, 2014 Omar Sobhani—Reuters

Taliban spokesman Zabihullah Mujahid, in a call to the Associated Press, claimed responsibility for the attack.

(KABUL, Afghanistan) — Gunmen carried out a pre-dawn rocket attack on Kabul International Airport on Thursday, temporarily shutting down the facility and setting off a gunbattle with security forces in which four attackers were killed, officials said.

The militants occupied two buildings which were under construction some 700 meters (yards) north of the facility, and were using them as a base to direct rockets and gunfire toward the airport and international jet fighters flying over Kabul, said Afghan army Gen. Afzal Aman.

Kabul Police Chief Mohammed Zahir Zahir later said four of the attackers were killed and that the attack was halted without any civilian or police casualties.

The airport was later reopened and operations returned to normal, Zahir said, after security forces inspected the runways for shrapnel and explosives.

The pre-dawn attack comes during a tense time in Afghanistan, as a recount is underway from the disputed second round of a presidential election seen as key to insuring a peaceful transfer of power ahead of the withdrawal of most foreign troops by the end of the year.

Taliban spokesman Zabihullah Mujahid claimed responsibility for the airport attack in a call to The Associated Press.

Aman said several rockets hit the airport but no planes were damaged.

The airport hosts civilian traffic and serves as a base for NATO-led forces that have been fighting the Taliban and other insurgents for more than a decade. Rocket attacks near the airport are not rare, but are not usually this close.

Alarms sounded at the U.S. Embassy in Kabul, as they usually do when there is an attack in the city, as ISAF jet fighters patrolled overhead.

The attack came nearly a week after U.S Secretary of State John Kerry helped broker a deal to carry out a full audit of last month’s presidential runoff following allegations of fraud by supporters of both candidates.

Unofficial and disputed preliminary results showed former Finance Minister Ashraf Ghani Ahmadzai well ahead of his rival, former Foreign Minister Abdullah Abdullah, but Abdullah’s supporters have said that is only because of widespread fraud.

Since fraud was alleged on both sides, the deal provides that every one of the 8 million ballots will be audited under national and international supervision over the next three or four weeks.

Neither the election nor the weekend deal has had any visible effect on security in the country, which has long seen near-daily attacks.

On Tuesday a suicide bomber blew up a car packed with explosives near a busy market and a mosque in eastern Afghanistan, killing dozens of people in one of the deadliest insurgent attacks on civilians since the 2001 U.S.-led invasion to topple the Taliban.

TIME Military

Lawyer: Bergdahl ‘Deeply Grateful’ to Obama

Bergdahl Being Treated At U.S. Military Hospital In Germany
Bowe Bergdahl, who was held by the Taliban for nearly five years before being released in May. U.S. Army / Getty Images

Army sergeant held by Taliban believes President’s decision “saved his life,” his attorney Eugene Fidell tells TIME

No one’s heard anything yet from Army Sgt. Bowe Bergdahl, the former prisoner-of-war freed in a May 31 swap for five Taliban leaders after nearly five years as a Taliban prisoner. He hasn’t spoken to the press—by all accounts, he hasn’t even spoken to his parents. But, in typical American fashion, he has retained—and spoken to—an attorney.

“Sergeant Bergdahl is deeply grateful to President Obama for having saved his life,” Eugene Fidell, retained a week ago by the soldier, told TIME on Wednesday.

Fidell has traveled to Texas—where Bergdahl has returned to active duty at a desk job in San Antonio following his “re-integration” back into the service—to discuss with his client the investigation into the circumstances leading up to Bergdahl’s abduction in 2009. The attorney declined to offer any insights into Bergdahl’s mood, legal defense, or relationship with his family. Bergdahl also has an Army lawyer.

Eugene Fidell Yale

But Fidell did suggest the case—now being investigated by a two-star Army major general—is more complicated than he originally thought. That’s saying something: Fidell is a prominent military-law expert who lectures at Yale Law School on the topic, and former president of the National Institute of Military Justice.

“Before I was in the case, I was skeptical that the investigation called for a major general,” Fidell says. “I thought that a talented lieutenant colonel would be more than enough horsepower—I thought it was overkill.” Army officials say Major General Kenneth Dahl has yet to interview Bergdahl.

Fidell said he has changed his mind as he has dived into the case. “Based on what I now know about the complexity of the issues, which are in a number of spheres that I’m not going to get into, I understand why the Army thought that a general officer should be involved,” Fidell adds. “I now understand why management thought that it was a good idea to have a two-star officer doing this investigation.”

The lawyer, who has taken the case pro bono—without pay—declined to discuss the specifics that led him to change his mind. But Bergdahl’s case is complex: according to the soldiers with whom he served, Bergdahl simply walked away from his combat outpost in June 2009 before being captured by the Taliban along the Afghan-Pakistan border. Some of those troops have called Bergdahl a deserter, and alleged that fellow soldiers died hunting for him.

Questions also surround the Army’s decision to allow Bergdahl to enlist, two years after he washed out of Coast Guard boot camp after only 26 days. And lawmakers on Capitol Hill have criticized Obama for giving up five senior Taliban leaders for Bergdahl, now 28.

Rep. Rob Wittman, R-Va., told TIME on Tuesday that he doesn’t believe the swap was in the nation’s interest. “We were duty bound to bring him back, but I think we’re duty bound to bring him back in the right way,” said the chairman of the House Armed Services Committee’s readiness subcommittee. “What other opportunities were there for us to secure Sergeant Bergdahl’s release besides releasing these five high-ranking Taliban officials?…we did increase the risk to Americans and American interests by releasing these five.”

Rear Admiral John Kirby, the Pentagon spokesman, said that Bergdahl is now free to come and go like any other soldier. “He’s free to leave base…he’s not under any particular restrictions,” Kirby said. “And I would remind you, he’s not been charged with anything.”

TIME

89 Killed in Suicide Blast in East Afghanistan

Mangled vehicles are pictured at the scene of a suicide attack at a market in Urgun district, Paktika province, Afghanistan on July 15, 2014.
Mangled vehicles are pictured at the scene of a suicide attack at a market in Urgun district, Paktika province, Afghanistan on July 15, 2014. Khanazgul Farhang—AFP/Getty Images

(KABUL, Afghanistan) — A suicide bomber blew up his car packed with explosives near a busy market and a mosque in eastern Afghanistan on Tuesday, killing 89 people and wounding more than 40, officials said.

The attack in the town of Urgun in Paktika province was the deadliest in months in Afghanistan, underscoring the country’s instability as foreign troops prepare to leave by the end of the year.

Gen. Mohammad Zahir Azimi, the Defense Ministry spokesman, said the bomber detonated his explosives-laden vehicle as he drove by the crowded market in the remote town in Urgun district, close to the border with Pakistan.

The military was providing helicopters and ambulances to transport the victims to the provincial capital, Sharan, and so far 42 wounded have been moved to hospitals there, Azimi added.

The explosion also destroyed more than 20 shops and dozens of vehicles, he said.

No one immediately claimed responsibility for the attack but the Taliban sent a statement to media denying their insurgent group was involved in the Paktika bombing and saying they “strongly condemn attacks on local people.”

Many of the victims were buried under the rubble, said Mohammad Reza Kharoti, the administrative chief of Urgun district.

“It was a very brutal suicide attack against poor civilians, he said. “There was no military base nearby.”

The bombing was also the first major attack since a weekend deal between the two Afghan presidential contenders brokered by U.S. Secretary of State John Kerry averted a dangerous rift in the country’s troubled democracy.

One of the two, former Finance Minister Ashraf Ghani Ahmadzai, told The Associated Press on Monday that he would meet his rival, former Foreign Minister Abdullah Abdullah, on Tuesday to begin working out the framework for the next government, with participation from both camps and all communities in the country.

But violence has continued unabated in Afghanistan.

Hours before the Paktika blast, a roadside bomb in eastern Kabul ripped through a minivan carrying seven employees of the media office of the presidential palace, killing two of the passengers.

The explosion struck as the vehicle was taking the palace staffers to work, said Gul Agha Hashimi, the chief of criminal investigations with the Kabul police.

Five other people, including the driver, were wounded, said Hashimi, speaking to reporters at the site of the blast. “One passenger survived unharmed,” he said.

Kabul police spokesman Hashmat Stanikzai said it was a remotely detonated device planted along the midsection of a main road.

Taliban spokesman Zabihullah Mujahid claimed responsibility for that attack in a statement sent to reporters.

Roadside bombings are a major threat to both Afghan security forces and civilians across the country. Such attacks have escalated as the Taliban intensify their campaign ahead of the U.S.-led foreign forces’ withdrawal by the end of 2014.

TIME justice

Dutch Supreme Court Blocks Extradition of Al-Qaeda Suspect to U.S.

NETHERLANDS-PAKISTAN-USA-JUSTICE
The lawyer of Dutch-Pakistani national Sabir Khan, Andre Seebregts (L), arrives in the courtroom of The Hague, on February 12, 2013. Robin Utrecht—AFP/Getty Images

The U.S. wanted to put Sabir Khan on trial in New York for supporting terrorist attacks against Americans in Afghanistan

In a setback for the Obama administration’s use of law enforcement to fight al-Qaeda, the Supreme Court of the Netherlands on Friday blocked the extradition to the U.S. of Sabir Ali Khan, a Dutch-Pakistani man wanted in New York for conspiracy to commit murder and support of al-Qaeda.

The U.S. believes Khan was involved in Taliban and al-Qaeda attacks against Americans in Afghanistan’s Kunar Province in 2010, according to U.S. court documents obtained by TIME. Khan was arrested by Pakistani forces in Sept. 2010, allegedly at the request of the U.S., and held at a secret prison where he says he was tortured.

Khan, whose mother was Dutch, has citizenship in the Netherlands and was eventually released to Dutch authorities and flown to Holland, where he was arrested. His Dutch lawyer argued that the government should determine whether Khan was arrested at the U.S. behest, and whether he would face a threat of further torture if he were extradited.

The Dutch Supreme Court Friday ruled that the extradition could not proceed because the Dutch Government had declined to look into the alleged U.S. role in Khan’s arrest. The Court, which did not address the threat of torture by the U.S., concluded “the Dutch State should have done some research in this matter,” says Dutch Supreme Court Spokeperson Mireille Beentjes. In blocking the extradition, the court stressed “the large interest of combatting torture worldwide,” Beentjes said, quoting from the court’s opinion.

Robert Nardoza, spokesman for the Eastern District of New York, where Khan was indicted on five counts in 2010, said, “We’re going to review the ruling by the Dutch Supreme Court and consider our options.”

Khan, who is in his late 20s, declined to comment when reached by telephone Friday. He remains free and living in the Netherlands. In January, he told TIME that while he suspects he is under constant surveillance, “Officially I have no restrictions on me.”

The case shows how the U.S. must increasingly rely on other states’ legal systems in countering terrorism as Washington attempts to wind down extraordinary powers granted to the president after 9/11. Those states are sometimes more or less aggressive than the U.S. would like, and counterterrorism officials are having to adjust as a result.

 

TIME Foreign Policy

Kerry Arrives in Afghanistan to Meet Candidates

U.S. Secretary of State John Kerry speaks at the press conference of the 6th China-U.S. Security and Economic Dialogue and 5th round of China-U.S. High Level Consultation on People-to-People Exchange at Diaoyutai State Guest House on July 10, 2014 in Beijing, China.
U.S. Secretary of State John Kerry speaks at the press conference of the 6th China-U.S. Security and Economic Dialogue and 5th round of China-U.S. High Level Consultation on People-to-People Exchange at Diaoyutai State Guest House on July 10, 2014 in Beijing, China. Feng Li—Getty Images

With Iraq wracked by insurgency, Afghanistan's power dispute over the election results is posing a new challenge to President Barack Obama's 5 1/2-year effort to leave behind two secure nations while ending America's long wars in the Muslim world.

Updated: July 11, 2014, 01:40 a.m. ET

(KABUL, Afghanistan) — Secretary of State John Kerry is making a quick stop in Afghanistan to help resolve an election crisis sowing chaos in a country that the U.S. has spent hundreds of billions of dollars and lost more than 2,000 lives trying to stabilize.

The visit comes as Afghanistan shows worrying signs of unravelling in its first democratic transfer of power from President Hamid Karzai, who followed a decade of Taliban governance. Kerry will meet Friday with the two candidates claiming victory in last month’s presidential election runoff.

The U.S. and its allies are growing increasingly concerned as Afghanistan shows signs of unraveling in its first democratic transfer of power from President Hamid Karzai. With Iraq wracked by insurgency, Afghanistan’s dispute over election results poses a new challenge to President Barack Obama’s effort to leave behind two secure states while ending America’s long wars.

“I’ve been in touch with both candidates several times as well as President (Hamid) Karzai,” Kerry said before leaving Beijing, where he attended a U.S.-China economic meeting. He called on them to “show critical statesmanship and leadership at a time when Afghanistan obviously needs it.”

“This is a critical moment for the transition, which is essential to future governance of the country and the capacity of the (U.S. and its allies) to be able to continue to be supportive and be able to carry out the mission which so many have sacrificed so much to achieve.”

The preliminary results of the presidential election runoff suggested a massive turnaround in favor of former Finance Minister Ashraf Ghani Ahmadzai, a onetime World Bank economist who lagged significantly behind former Foreign Minister Abdullah Abdullah in first-round voting.

Abdullah, a top leader of the Northern Alliance that battled the Taliban before the American-led invasion, claims the runoff was a fraud, and his supporters have spoken of establishing a “parallel government,” raising the specter of the Afghan state collapsing. Abdullah was runner-up to Karzai in a fraud-riddled 2009 presidential vote before he pulled out of that runoff.

Chief electoral officer Zia ul-Haq Amarkhail has resigned, denying any involvement in fraud but saying he would step down for the national interest.

Kerry will seek to persuade both candidates to hold off from rash action while the ballots are examined and political leaders are consulted across Afghanistan’s ethnic spectrum. The U.S. wants to ensure that whoever wins will create a government that welcomes all ethnic factions.

If neither candidate gains credibility as the rightful leader, the winner could be the Taliban. Many Afghans fear the insurgent forces will only gain strength as the U.S. military presence recedes. Internal instability could aid the insurgency.

Abdullah and Ghani each have said that as president they’d sign a bilateral security agreement with the United States, granting American forces immunity from local prosecution. Without such an agreement, the Obama administration has said it would have to pull all U.S. troops out of Afghanistan, a scenario that played out in Iraq three years ago. Karzai has refused to finalize the deal, leaving it to his successor.

James Dobbins, the State Department’s special representative for Afghanistan and Pakistan, said this week some degree of fraud was expected, but it’s believed the fraud was “quite extensive.”

Speaking in Washington, Dobbins said the Abdullah campaign particularly mistrusts the impartiality of the Afghan electoral institutions.

Both campaigns and Karzai have asked the U.N. for help, he noted, and the U.N. has been designing a plan for deciding how ballots can be reviewed and which ones would be reviewed for possible fraud.

A U.N. audit, however rudimentary, probably could be done within two weeks, U.S. officials believe. The focus would be on clear fraud indicators, including districts with high turnout or more women going to the ballots than men.

Kerry also will meet with Karzai and U.N. officials.

Obama spoke to each candidate this week, asking them to allow time for investigations of ballot-stuffing. The White House said Tuesday that Obama warned that any move outside the law to seize power would mean the end of U.S. financial aid to Afghanistan.

Obama differentiated Afghanistan from Iraq, which he declared a “dumb war,” while considering Afghanistan a fight worth waging, ordering tens of thousands of new troops into the country in his first year in office.

The risk of a prolonged Afghan political crisis has alarmed U.S. officials already struggling to respond to sectarian tensions in Iraq that have broken out into open warfare.

The situations in Afghanistan and Iraq are distinct. But in each, the U.S. has spent more than a decade trying to set up democratic governments that could effectively police their own territories and stamp out threats to the American homeland.

And in both countries that objective is in peril, their futures threatened by a combination of poor leadership, weak institutions, interethnic rivalry and fierce extremist rebellions.

Suicide bombers and gunmen staged a deadly assault on government compounds Wednesday in southern Afghanistan, killing 30. The U.N. warned this week that such fighting in populated areas was a major cause for a 17 percent uptick in civilian deaths this year in a report that cast doubt on the capacity of government soldiers and police to protect the Afghan people after most U.S. and foreign forces leave.

TIME Afghanistan

Forced Smile? Bergdahl Pictured With Taliban Commander

Bergdahl
An undated photo of U.S. soldier Bowe Bergdahl with Badruddin Haqqani, the son of former Afghan Mujahideen commander Maulvi Jalaluddin Haqqani. @khorasan313

In a new salvo in the propaganda war with the West, a previously-unseen photograph of what appears to be Sgt. Bowe Bergdahl smiling alongside with a senior Taliban commander was posted to a Twitter account associated with the Afghan Taliban.

A slew of tweets posted late Wednesday claimed the former prisoner of war – who appeared thin and pale in the image – was treated well during his five years in captivity…

Read the rest of the story at NBC News

TIME Afghan civilian casualties

U.N.: Civilians Feel Toll of Afghan War as U.S. Withdrawal Nears

A victim's body lies on the road as Afghan security forces inspect the site of a suicide attack in Kabul on June 21, 2014.
A victim's body lies on the road as Afghan security forces inspect the site of a suicide attack in Kabul on June 21, 2014. Shah Marai—AFP/Getty Images

1,564 deaths recorded in the first half of this year, up 17 percent compared with 2013

A United Nations report released on Wednesday finds that civilian casualties in Afghanistan rose sharply in the first half of this year as they increasingly feel the brunt of war.

The report by the U.N. Assistance Mission in Afghanistan (UNAMA), compiled as U.S.-led forces withdraw from a 12-year battle with the Taliban and amid a steep decline in security, finds that ground combat—now more than improvised explosive devices—is the leading cause of death and injury to civilians.

More than 4,800 civilian casualties were recorded in the first six months of this year. That figure includes 1,564 deaths, up 17 percent compared to the same period the year before. Child casualties associated with ground combat more than doubled—rising 34 percent to 1,071—while two-thirds more women were killed and wounded by ground engagements.

“The fight is increasingly taking place in communities, public places and near the homes of ordinary Afghans, with death and injury to women and children in a continued disturbing upward spiral,” said Georgette Gagnon, UNAMA’s Director of Human Rights.

Afghanistan’s unrest is increasing amidst the ongoing political crisis, as a disputed presidential election has created a tense stand-off between the two leading candidates, Ashraf Ghani and Abdullah Abdullah. Early results on Monday showed Ghani net 56.44% of the run-off vote on June 14, but Abdullah was quick to reject the outcome and claim it was marred by fraud.

Abdullah’s supporters protested in the capital, Kabul, on Tuesday and called on him to form a parallel government. Washington responded by saying it would pull both financial aid and security support if power was seized illegally.

 

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