RE-VISITING MUMBAI 26/11 INVESTIGATION

INTERNATIONAL TERRORISM MONITOR---PAPER NO. 577

B.RAMAN

" The Mumbai Police and the Maharashtra Government continue to assert on the basis of the interrogation of the arrested perpetrator that only 10 terrorists were involved. The operation involved detailed intelligence collection, reconnoitering the places to be attacked and the final planning and execution. It is difficult to accept that the same 10 persons performed all these tasks. There definitely must have been more people involved in the conspiracy on the ground in India, in addition to the Pakistan-based conspirators mentioned in the final invstigation report of the police---- at least performing peripheral roles such as intelligence collection and reconnoitering."

------ Extract from my latest book titled " Mumbai 26/11---A Day of Infamy"

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The Mumbai Police, who were all along insisting that the case relating to the 26/11 terrorist attack in Mumbai had been thoroughly investigated and that there were no more missing links or gaps in the investigation, have been embarrassed by the discovery by the Federal Bureau of Investigation (FBI) of the US that David Coleman Headley, previously known till 2006 as Daood Gilani, a US citizen of Pakistani origin, arrested by them on October 3,2009, at a Chicago airport while he was about to leave for Pakistan, had been visiting India off and on ever since he joined the Lashkar-e-Toiba (LET) in 2006 and had been trained by it.

2. The FBI was not aware of his LET background, his contacts with Ilyas Kashmiri, a former officer of the Special Services Group (SSG), who subsequently joined the Harkat-ul-Jihad-al-Islami (HUJI) and his frequent visits to India from the United Arab Emirates (UAE) till October,2008, when they noticed a posting made by him in an internet chat group advocating an act of reprisal against a Danish journal which had published in 2005 caricatures of the Prophet.

3. The FBI obtained a warrant from a Chicago court permitting them to intercept his telephone and e-mail communications. Systematic interception of the communications led to their discovering his contacts with the LET and Ilyas Kashmiri and details of his two visits to Denmark to collect preparatory intelligence before mounting a terrorist attack on the Danish paper and his links with Tahawwur Hussain Rana, a Chicago-based Canadian businessman of Pakistani origin, who was running an immigration services agency, which provided a cover for Headley's two visits to Denmark as a representative of the agency. Headley told the people whom he met in Denmark that Rana's immigration services agency was interested in opening a branch in Copenhagen.

4. What sounded the wake-up call in the FBI was that neither Headley nor Rana had initiated any of the legal and procedural formalities which were required to be taken before Rana's agency could open an overseas office in Denmark. It is this, which made the FBI realise that Headley's two visits to Denmark were not for opening an immigration consultancy office, but for preparing the ground for mounting a terrorist attack on the Danish journal. The FBI arrested Headley as he was about to leave for Pakistan on October 3,2009, with the video-recordings made by him in Denmark.

5. Interceptions of his communications before his arrest and his interrogation after his arrest brought out details of his visits to India and the plans of the LET to use him for another terrorist strike in India. The kind of alarm bell, which rang in the FBI offices in Chicago, when Headley and Rana showed an interest in opening a branch of Rana's immigration services agency in Denmark, did not seem to have rung in the Indian intelligence agencies when Headley and Rana showed an interest in 2006 in opening an office of an immigration services agency in Mumbai.

6.Headley managed to come to India at least nine times (according to media reports) and open an office of an immigration services company in Mumbai to be used as a cover for his activities. He also developed a network of contacts, one of which was with Rahul, son of film producer/director Mahesh Bhatt.

7. Rahul is presently a material witness in the case for a number of reasons. Firstly, he is the only Indian met by Headley during his visits to India whose name figured on more than one occasion in the E-mail communications between Headley and his LET controller in Pakistan. Secondly, when the LET sought Headley's help for mounting another terrorist attack in India it thought of Headley's past contacts with Rahul.

8. During Headley's nine visits to India, he must have developed contacts with dozens of Indians. Why did the LET and Headley remember and recall only his contacts with Rahul? That is a question to which the Mumbai Police must be looking for an answer. Rahul has done well in taking the initiative in contacting the police and briefing them on how he came into contact with Headley. His statement will now be verified by the police in order to determine whether he has told all that needed to be told. If he has, he will remain purely a material witness. If he has not, he will become from a witness to a suspect. Till the verification of his statement is completed beyond reasonable doubt, the question of the police giving a clean chit to him will be premature.

9. Since 2003, the LET has been thinking of mounting a terrorist strike in India from US territory. An LET cell in the US consisting of Pakistani-origin people and white converts to Islam was detected and neutralised by the FBI in 2003. Despite this, the LET has not given up the idea of using US passport holders for a terrorist strike in India.

10. What is new and worrisome in the Headley case is that the LET recruited a Muslim member of the Pakistani diaspora in the US and made him assume a Christian or a Jewish identity in order to infiltrate into India without creating suspicion. It would be important to get from the FBI copies of the original papers relating to his name change in 2006 and his obtaining a new passport under the name David Coleman Headley. It is interesting to note that among the places reportedly visited by Headley in India was Kochi, which used to have a large Jewish presence and has an ancient synagogue. His itinerary in India has had an anti-Indian and anti-Jewish angle.

11. A perusal of the FBI's affidavits against Headley and Rana shows that Rana paid his air fare for his travels to Denmark and Pakistan. Rana does not appear to have paid the air fare for Headley's travels to India. In Denmark, Headley was staying in shoe-string budget hotels. He had been spending money more liberally in India as evidenced by his two stays in the expensive Taj Mahal hotel in Mumbai, his visiting a local gym frequented by film stars, his hiring an office accommodation and a flat etc. Who was paying for all this?

12.Headley's visits to India coincided with two acts of mass casualty terrorism ---- the July 2006 explosions in some suburban trains of Mumbai and the 26/11 attacks. Did Headley play a role in the planning and execution of these attacks? Were there others who had helped him?

13. To find answers to such questions and identify the missing links, the Indian, the US, the Canadian and the Danish investigation agencies should work closely together. Our being totally taken by surprise by the activities of Headley in our territory, which had continued even after 26/11, clearly shows that the Government of India has not been able to identify and remove the major deficiencies in our counter-terrorism set-up.

14.We continue to be taken by surprise again and again despite the claims of a significant improvement made by the Government. ( 14-11-09)

( The writer is Additional Secretary (retd), Cabinet Secretariat, Govt. of India, New Delhi, and, presently, Director, Institute For Topical Studies, Chennai. E-mail: seventyone2@gmail.com )

THE CHICAGO CONSPIRACY: ROLE OF TAHAWWUR HUSSAIN RANA

INTERNATIONAL TERRORISM MONITOR: PAPER NO.576

B.RAMAN

Give below are extracts from the affidavit filed by the Federal Bureau of Investigation (FBI) against Tahawwur Hussain Rana, a Canadian national of Pakistani origin, who was running an immigration consultancy firm, a company for the supply of meat to Muslims and a grocery shop in Chicago. He was arrested by the FBI at Chicago on October 18,2009, on a charge of being an accomplice of David Coleman Headley in plans to carry out terrorist strikes in Denmark and India. Headley had earlier been arrested on October 3,2009, when he was about to leave on a visit to Pakistan to discuss the plans for the Denmark attack with Ilyas Kashmiri of the Harkat-ul-Jihad-al-Islami (HUJI) in Pakistan. The FBI recovered from his checked-in baggage video recordings made by Headley during two preparatory visits to Denmark after October 2008. The affidavit was filed by the FBI in the Northern District court of Illinois.

2. According to the affidavit, after his arrest, Rana made the following confessions to the FBI:

(1) He was aware that Headley had been affiliated with the Lashkar-e-Toiba terrorist organization for the past few years.

(2) He was aware that Headley had received training from the LET.

(3) He was aware that Headley had met with Ilyas Kashmiri within the past year,

(4) He was aware that Headley communicated with Individual A and LeT Member A. (both not identified in the affidavits against Headley and Rana)

(5) He was aware that Headley was angry about the cartoon depictions of the Prophet Mohammed,

(6) He (Rana) was offended by the cartoon depictions of the Prophet Mohammed.

(7) He had discussed the cartoonist and editor of the Jyllands-Posten of Denmark, which had published the cartoons, with Headley.

3. A perusal of the affidavit against Rana indicates the following:

(a). He enabled Headley to travel twice to Denmark as a representative of his immigration consultancy company.

(b). He arranged air tickets for the overseas travels of Headley.

(c). He interceded with the Pakistani Consul-General in Chicago in an attempt to get a five-year visa for Headley whom he falsely described as a White American. The Consul-General, Rana and Headley had attended the army cadet school of the Punjab Government at Hasan Abdal. The Consul-General had known Headley by his pre-2006 Pakistani name of Dawood Gilani. He did not know that Gilani, whom he had known, and Headley, "the white American" about whom Rana had spoken to him over telephone were one and the same. Rana wanted a five-year visa to be issued to Headley without Headley having to visit the Consulate.

(d). Most of the contacts of Individual A and LET member A were with Headley and not with Rana. Rana did have some contacts with Individual A, but not with LET member A.

(e). In the FBI affidavit against Headley, there are indications that he had visited India in the past---between 2006 and 2008. In the affidavit against Rana, there are no references to any visits made by him to India.

(f). In one of the conversations between Headley and Rana, one "Defence College" had figured as a possible target. It was not referred to as the "National Defence College". Nor was there any reference to its location. It needs to be underlined that additional information obtained during the interrogations of Headley and Rana does not figure in the two affidavits. The two affidavits largely summarise technical intelligence, which justified the two arrests.

(g). When the FBI checked the baggage of Headley after his arrest on October 3,2009, they found video-recordings of landmarks in Copenhagen made by him during his two visits to Denmark. There is no reference to any video-recordings made by him in India.

(h). The affidavit against Headley contains references to his past visits to Pakistan. The affidavit against Rana has no reference to any past visits to Pakistan.

4. The identities of the two Pakistanis referred to by the FBI affidavit against Headley as Individual A and LET member A remain unclear. The only clue figuring in the two affidavits is that Individual A was close to Major Haroon Ashiq, the principal accused in the case relating to the November 2008, assassination of Major-General Amir Faisal Alvi, who headed the Special Services Group (SSG) till 2005. He was sacked by Musharraf on a charge of unworthy conduct, which has not been specified so far. The two affidavits also indicate that Individual A was also arrested during the investigation of the case, but was released subsequently.

5. A check of past Pakistani media reports relating to the case indicates that one Maj. (retd) Abdul Basit of Karachi was arrested during the investigation into the activities of Haroon on behalf of Ilyas Kashmiri, but was not prosecuted. It is not clear whether Maj.Basit and Individual A could be one and the same. Another likely figure is Qari Saifullah Akhtar, Amir of the Harkat-ul-Jihad-al-Islami (HUJI), whom Benazir Bhutto had suspected as behind the failed attempt to kill her at Karachi when she returned from political exile on October 17,2007, but there were no Pakistani media reports of his having been arrested and released during the investigation of Alvi's murder.

6. It is, however, clear that Individual A is an important person, who enjoys the confidence of Ilyas Kashmiri and could speak with authority on behalf of Ilyas. Headley's conversations with Individual A clearly bring out his admiration for Ilyas Kashmiri and his preference for working with Ilyas than with the LET. He describes the LET as an organisation with "rotten guts", which is not prepared to take risks. This is apparently because the LET is interested only in a terrorist attack in India and does not want to get involved in a terrorist attack in Denmark or in sany other Western country.

EXTRACTS FROM AFFIDAVIT AGAINST TAHAWWUR HUSSAIN RANA

RANA, who operated an immigration services business with offices in Chicago and elsewhere for which Headley at times claimed to work, among other things helped arrange and conceal Headley's travels to surveil potential targets for terrorist attacks and meet with others involved in planning acts of terrorism, discussed targets for terrorist attacks with Headley and helped to conceal the nature and purposes of Headley's travels.

In October 2008, Headley had posted a message to an internet discussion group – to which RANA also belonged – stating, with respect to the Danish cartoonists and others he identified as “making fun of Islam,” that “I feel disposed towards violence for the offending parties.”

In January 2009, after extensive correspondence with Individual A, in the course of which Individual A urged Headley to “try to go as early as possible" Headley traveled to Copenhagen, Denmark, but only after advising Individual A that he needed to consult with RANA first. RANA arranged portions of Headley's travel.

During that trip, Headley visited two different offices of the Jyllands-Posten – in Copenhagen and in Arhus, Denmark. As cover for his visits to the Jyllands-Posten offices, Headley falsely represented that he was visiting on behalf of RANA’s immigration services business, First World Immigration Services ; that First World was considering opening up offices in Denmark; and that he was interested in advertising the business in the Jyllands-Posten. While in Denmark, Headley instructed RANA to be alert for email from a Jyllands-Posten sales representative, and to ask First World’s Toronto and New York offices to “remember me,” in case a representative of the Jyllands-Posten called. To further the cover story of Headley, RANA, while in Chicago, replied to an email from the newspaper staff pretending to be Headley, who was overseas.

After visiting Denmark in January 2009, Headley traveled to Pakistan to meet with Individual A. During this trip, he traveled with Individual A to the Federally-Administered Tribal Areas (FATA) region in northwestern Pakistan and met with Ilyas Kashmiri. Headley returned to Chicago in mid-June 2009. During his trip to Pakistan, Headley sent his will to RANA. RANA responded by sending a coded message to establish a new email account.

In late July 2009, Headley traveled again to Copenhagen, Denmark, and to other locations in Europe. RANA again arranged portions of his travel. When Headley returned to the United States, he told a Customs and Border Patrol Inspector that he was traveling on business as a representative of RANA’s business, First World Immigration. Individual A’s luggage contained no papers or other documents relating to First World.

Following Headley's return to Chicago in August 2009, he kept RANA apprised of the developments concerning the lack of communication with Ilyas Kashmiri.In early September 2009, Headley and RANA took a lengthy car ride during which they discussed, among other things, the general activities of Individual A, Lashkar-e-Taiba, and ( Ilyas) Kashmiri, including past terrorist acts, and Headley discussed with RANA five actions involving targets, including “Denmark.”

Headley kept RANA apprised of reports of Kashmiri’s death and advised Individual A that RANA was very upset at Kashmiri’s death.On or about September 20, 2009, Headley told an associate in Pakistan in a recorded telephone conversation words to the effect that he had spoken to RANA and they agreed that “business must go on.”

Defendant TAHAWWUR HUSSAIN RANA was born in Pakistan and is now a Canadian citizen who primarily resides in Chicago, Illinois. RANA, who has received medical training, is the owner of several businesses, including First World Immigration Services,which has offices in Chicago, New York, and Canada. RANA also owns a farm in Kinsman, Illinois, which is used to provide halal meat for Muslim customers, as well as a grocery store in Chicago.

Postings to a Yahoo group for graduates of a military school located in the Pakistani town of Hasan Abdal (a group that refers to itself as “abdalians”),reflect that both Headley and RANA have participated in the group and referred to their attendance at that school.

Headley at times has claimed to be a consultant with or representative of the First World Immigration Services, a company owned and operated by RANA. Surveillance of Headley's activities, as well as his phone conversations and email exchanges, reflect that Headley performs few services for First World. Headley has no known or reported employment other than with First World.

As discussed throughout this affidavit, Headley,RANA, Individual A and Lashkar-e-Taiba Member A have frequently used coded language and changed their methods of communications in order to conceal the nature and content of their communications. For example, on or about March 4, 2009, after acknowledging receipt of an email from Headley, RANA sent a response with the following pertinent content:"One of my brothers is Brigadier Movadat Hussain Rana and the other is Sibte Hassan Rana . They are in Rawalpindi. I really admire emails making it instant half mulaquat especially yahoo as it seems superior to hotmail. Talk to you later."

Records reveal that the email account “mov.monie@yahoo” was created on or about March 6, 2009, at a particular internet protocol address, the user of which was located at the Chicago business address of First World Immigration. That same day, Headley accessed the mov.monie@yahoo account from an internet protocol address in the United Arab Emirates, and sent an email from mov.monie@yahoo to RANA at his personal email address, asking RANA to contact Individual A.On or about October 3, 2009, as Headley was preparing to travel to Pakistan, he spoke to RANA in a conversation that was recorded. He asked RANA to create an email account using the Gmail service with the user name“liaqatbin11.” Headley instructed RANA to change the email account name after using it two or three times, and gave him directions for changing the name. Headley stated that the “liaqatbin” portion of the name would remain, but that the number 11 would change, and that to determine the second number, RANA should start by multiplying by two and subtracting two. Headley explained that the number used to multiply 11 would increase by one with each new account. Headley provided an example, and RANA worked the math out loud for determining several numbers.

Based on my (FBI agent's) review of communications between Headley and Individual A, I understand the references to “dr” and “doc” in the exchange to be references to RANA because, in part, Headley states in one of the messages that “doctor has gone to Canada,” and records demonstrate that RANA re-entered the United States from Canada near Detroit on or about January 1, 2009. In addition, as noted above, RANA has received medical training .I understand that the expression “Zihan saazi” refers to the act of one person [RANA] preparing someone else [ Headley] to perform an act.

In the December 25, 2008 email, Individual A asked Headley about RANA: “how’s the dr’s reaction on what all is happening, is he terrified or relaxed?”The next day, on or about December 26, 2008, Headley responded to Individual A,“Doc [RANA] is very relaxed.” Further, Headley related that RANA was providing direction to Headley, RANA is “trying to do Zihan saazi asking if this happens you should act like this and if that happens you should do that and fear nothing except God.” Additionally, in the same December 26, 2008, email, Headley related to Individual A that, prior to departing for the Mickey Mouse project ( in Denmark), he needed to consult with RANA:"Yes I am ready for MMP but I think it will be better to go after new year as everything is shut down from Christmas to new year. Also doctor [RANA] has gone to Canada with his family till new year so I need to consult him [RANA] as well."

On or about Sunday, January 12, 2009, Headley emailed Individual A concerning his upcoming travel. Headley stated: “I am leaving WED night your time and will be at the location Thursday [January 15] night your time. Pray that I make a lot of money on the project.” RANA arranged for at least a portion of Headley's travel through Expedia, an online travel agency. On or about January 13, 2009, RANA received a confirmation email from Expedia relating to the first leg of Headley's travel from Chicago to New York through Philadelphia.

On or about January 15, 2009, Headley arrived in Frankfurt,Germany.On or about January 19, 2009, Headley emailed RANA, the subject of which was“Copenhagen”:Dear Doc,Sorry I missed your calls last night. . . . I checked out business opportunities here.They seem quite promising. I am going right now to see if I can put an ad for our company and also check the feasibility to open up an office here. . . .Bye for now".

The same day, RANA responded, stating “Booking is for 24th at 10p.m.. Good luck, . . . Tahawwur.” Based on Headley's subsequent departure from Europe on January 24, 2009, I (FBI agent) understand that RANA told Headley that he had booked him on a flight on January 24, 2009.On or about January 20, 2009, Headley sent an email to RANA, the subject of which was described “Copenhagen Important.” Headley stated in relevant part:"Dear Doc, Everything is fine here. I went to a newspaper to find out about advertising our company. I gave him my card so they might call any of the 3 offices to verify.Ask NY and Toronto offices to remember me. The rates are pretty steep, like 3000 dollars for the front page, for one time. The sales guy's name was [name omitted] and he asked for our email to give detailed prices. I gave our business email, so keep alert for his mail." I (FBI agent) understand Headley's statement “Ask NY and Toronto offices to remember me” to be a request to RANA to take additional steps to preserve the cover story for Headley's visit to the newspaper.Later that same day, on or about January 20, 2009, Headley sent another email to defendant RANA, the subject of which was described “Copenhagen.” Headley remained concerned that an employee from the newspaper would contact First World Immigration. Headley asked RANA to “please confirm on the receipt of these emails.” Further, Headley reminded RANA to alert First World’s employees to the possibility of incoming communications resulting from his contacts with the newspaper. Headley wrote: "I will leave this hotel Thursday morning and go to another city in this country for my vacation. I haven’t decided which one, maybe Arhus. So please tell ALL our offices if they receive a call about me, to please confirm my job there."

On or about January 23, 2009, Headley visited the Jyllands Posten office in Arhaus,Denmark, again under the auspices of checking rates for advertising in this newspaper.That same day, Headley sent an email to defendant RANA, the subject of which was described as “Copenhagen and Arhaus.” Headley wrote:"Ok Doc, . . . I checked for our office ad in Arhus as well. You might be receiving price quotes in your other email address. Did the Copenhagen guy, [name omitted] send you any mail yet? I think our company has a really bright future here. We will become rich or should I say richer."On or about January 26, 2009, consistent with Headley's statement to RANA that he had given “our business email,” an email was received at an email address subscribed to the address of First World Immigration and used by RANA, from a sales coordinator at the Jyllands-Posten.. The email stated: "Dear [ Headley],thank you for your visit at Jyllands-Posten Friday last week [January 23, 2009] concerning advertising in our newspaper."On or about January 29, 2009, RANA, posing as Headley, responded to the email, stating: "Thank you for your reply. I will be in touch soon. I am trying to coordinate with a local attorney in Denmark for taking care of our clients locally. I intend to visit you in the coming spring."Records reflecting the internet protocol address from which this email was sent reveal that it was sent from Chicago, Illinois, and, more specifically, the address of RANA’s residence. As of the date of this email, Headley remained overseas.

Headley's representations that his travel to Denmark was for the purposes of opening an office for First World Immigration in Denmark appear implausible for multiple reasons, including, among others, the following:

a.A review of phone records for both Headley's and RANA’s home and personal cell phones, as well as the phone records for five separate lines at First World Immigration, has revealed not one phone call to Denmark during 2009;

b.A search of emails originating from Headley, RANA and First World Immigration Services accounts in Chicago for 2009 has revealed no records reflecting the use of First World’s services by Danish residents;

c.Although Headley and Individual A discussed the trip to Denmark for the Mickey Mouse project extensively in email exchanges and by telephone, their recorded conversations and emails did not touch on the immigration services business, efforts to establish an office for First World in Denmark or expand its business in Europe, or the need for advertising;

d.Likewise, although Headley's email exchanges with RANA during Headley's visit to Denmark discussed Headley's communications with the Jyllands-Posten about purported plans to advertise for First World, those communications did not discuss in any detail other aspects of establishing a new branch of First World in Denmark. Although Headley advised RANA that a representative of the Jyllands-Posten might call First World’s offices, he did not suggest that First World would be receiving similar calls from other potential business partners or vendors in Denmark;

e.Had Individual A and RANA been interested in obtaining information about advertising in the Jyllands-Posten, such information is readily available on the newspaper’s web site, as is the name and phone number of the newspaper’s sales representative;

f.Prior to his visit to Denmark, Headley had expressed his displeasure at the Jyllands-Posten cartoonists “who slandered our prophet,” and said that “I feel disposed towards violence for the offending parties,” making it unlikely that Headley would seek to patronize the Jyllands-Posten as a business advertiser;

g.The list of items that Headley prepared and emailed to himself relating to the Mickey Mouse Project on December 7, 2008, contains multiple references that do not appear consistent with plans to open an immigration office,including “Route Design (train, bus, air)”; “Cross (Cover Authenticator)”;“Counter surveillance (magic eye)”; “Security (armed)?”; “Zoom”; and “Entry and exit method in the house.” Based on my ( FBI agent's) training and experience, I believe that these notations, particularly in the context of the other information related in this Affidavit, are consistent with planning for a terrorist attack. The list also includes a reference to “Residence for clients.” In my experience, it is unnecessary for the typical immigration services business to provide a residence for its clients; by contrast, a team assigned to carry out a terrorist attack in a city where the team’s members did not reside would need one or more locations to live while preparing to carry out the attack;

h.To date, no advertisements have been placed in the Jyllands-Posten for First World Immigration Services.

On January 24, 2009, Headley departed from Frankfort, Germany, to the United Arab Emirates. From there, he subsequently traveled to Pakistan. On or about March 3, 2009, Headley sent an email to RANA stating that: “As I am traveling and things are so bad these days, I would like to leave a few instructions with you in case of my death or in case I am incapacitated for some reason.” He continued in detail, providing instructions to RANA on how to handle his affairs, including his wishes for his family. In an email response the same day,RANA stated “I acknowledge receipt of this will.” Then, in coded language, RANA directed Headley to communicate with him in a separate email account.

On or about June 11, 2009, Headley returned to Chicago. Once again, RANA arranged for this travel. More specifically, on June 8, 2009, RANA booked the last leg of Headley's travel, a flight from New York to Chicago, on JetBlue Airlines. On or about June 9, 2009, RANA received an email containing a response to a request for travel insurance information for Headley. Further, on or about June 10, 2009, RANA received a confirmation email from JetBlue Airways concerning the last leg of Headley's return to Chicago, his flight from New York to Chicago.While Headley was in Copenhagen, on August 2, 2009, RANA arranged through a travel agency located at an office building once owned by RANA for airfare for Headley to travel from Copenhagen to Chicago through Atlanta. On August 3, 2009,RANA received an email confirmation from this travel agency, which, in part, forwarded an email from Expedia, an online travel agency. The email stated : “The itinerary is attached below. Thank you for giving us the opportunity to be of service.” A review of the email reveals that the flight booked by RANA was“Copenhagen to Chicago”, the traveler name was Headley and the date of travel was August 5, 2009.On or about August 5, 2009, Headley arrived in Atlanta, Georgia, on a flight from Copenhagen.

On or about August 7, 2009, Lashkar-e-Taiba Member A sent an email asking Headley why he had not been responding. That same day, Headley responded: "Sorry, I just don’t check my mail daily if I don’t expect anyone will write me. I am working at a retaurant owned by Dr. Rana and his friend as a manager.Last week they sent me to Germany to buy some butchery equipment and guess where else I went for 3 days (just for a vacation ) on Dr. Rana’s expense." I (FBI agent) understand that in this message Headley is referring to Copenhagen (inaccurately referenced in the email as Germany) as the place of his “vacation,” the same term that he used in his January 23, 2009 email to RANA during his first trip to Denmark. Further, I (FBI agent) understand that Headley is informing Lashkar-e-Taiba Member A that RANA paid for his travel to Copenhagen.

On or about September 4, 2009, RANA and Individual A spoke by telephone. In coded language, RANA asked Individual A about his earlier arrest: “okay, you remember when you had fever during that time – did you ever faint due to the fever?” Individual A responded, “no, no, no, no, no, no. Th-th-that all was fine, there wasn’t any problem.”RANA then commented, “okay, that is very good.”

On or about September 7, 2009, Headley reported to RANA on the lack of contact between “Doctor [Kashmiri]” and Individual A. Headley expressed concern that his “reports” and “notes” would not be delivered. The pertinent part of the exchange was as follows: Headley:"And, gathering together, whatever reports I had given to [Individual A], he has not been able to pass on the report to him (Kashmiri). It’s been months. There is action going on, you know." Although this conversation was in the Urdu language, RANA used the English word “target.” Based on my (FBI agent's) review of this and other conversations, I understand “defense college” to refer to another overseas target.

Headley:"Today, in the north, after many weeks, there was an attack in the north. It hadn’t happened in months. And, it is in the north, where he live[s]."

RANA:"I see".

Headley: "In any case, I don’t know much, God will help."

RANA:"Whatever happens, hope it is for the best."

Headley: "Yes."

RANA:"When you know that he received the notes, then."

Headley: "God willing, he’ll find a solution."

In this same recorded conversation on September 7, 2009, Headley and RANA discussed and named multiple targets of their planning. More specifically, Headley listed four targets, one of which was “Denmark,” then commented “[a]fter that if I will pray for any other action.God may help me complete this task.” Later in this same conversation, RANA asked Headley to “pass along a message” to Individual A. RANA then stated words to the effect that “top class” was a “befitting” name for Individual A.

RANA and Headley then discussed a fifth target. More specifically, Headley referred to the earlier discussion, and stated words to the effect of “oh my friend, not four, five, five.” While RANA laughed, Headley stated“Defense College” twice, and RANA commented “right, this is it. I knew already.”After other discussion, RANA continued “That one, uh, I thought that was the target.” Headley responded, “I don’t know but once he comes then it will be known, but I am going to ask him to do that one first.” RANA responded, “In this matter – defense .”

On September 14, 2009, Headley telephoned RANA and advised him of his telephone call with Individual A and advised RANA that Individual A had asked them to pray for “the doctor.” Headley explained that “so far it is a rumor, it is not confirmed yet,” but he may have gotten “married.” Headley continued with words to the effect of “pray that this should not have happened,” and RANA responded “we will talk about this.”

Headley informed Individual A that he would be coming to Pakistan soon “but now there is nothing to do there. Now let us collect unemployment from the company . . . when a company lays off in case of bankruptcy, it discharges employees.” When Individual A tried to assure Headley that Kashmiri’s death was a “small loss,” Headley disagreed and responded: “no, it is not a small loss, it is a major loss.” In this same conversation, Headley told Individual A that in light of Kashmiri’s reported death, “Now I think you better go back towards him, towards [Lashkar-e-Taiba Member A].”

Headley complained to Individual A that “[Lashkar-e-Taiba Member A] and others, and this [an identified individual] and all of them – again they are – their eyes are again in that direction.” He added that Lashkar-e-Taiba Member A and the identified individual were unwilling to take risk and “have rotten guts.”

Individual A said: “When in business a person wants to do something, there is risk factor also. They do not want to take risk and they want to be praised also.”

Headley responded, “then there will be no profit because when you have high aim, as much an investment will be risky as much is the chance of profits and at the same time there is chance of loss.”

In the same telephone conversation, Individual A stated that “This is business, sir. These type of things happen.”

Headley responded: “I am just telling you that the companies in your competition they have started handling themselves in a far better way, that is why they all are running in losses profit-wise and market-wise. There are continuous losses and it does not seem that they will recover. In these conditions it looks that there will be bankruptcy in approximately six months, my estimate within . . . six to twelve months is that our companies will be done the way things are going on.”

Individual A responded, “it is as it usually happens that if one company fails then another company will come up.”

On or about September 20, 2009, Headley spoke with a different associate in Pakistan in a recorded telephone conversation. Headley related words to the effect that he had discussed with RANA the fact that “business must go on.” Headley continued: “Main thing that I have an income...make some money. I don’t care that if I am working for Microsoft or I am working for a...any...GE or Philips, I don’t care. As long as I am making money, I don’t give a shit.”

Based on my (FBI agent's) review of this and other conversations involving Headley, I believe that Headley is indicating that he does not care whether he works for Kashmiri’s group or Lashkar-e-Taiba, as long as he helps carry out attacks.

On or about September 21, 2009, Headley spoke with Individual A by telephone:Individual A: "Buddy, the reports that are com-coming in, by the grace of God, he (Kashmiri) is doing well."Headley: "God willing – uh, uh – you mean the Doctor?"Individual A: "Yes, yes."Headley: "Uh, I, Buddy if this is true, then I will say 100 prayers, 100 prayers."

Four days later, on or about September 25, 2009, RANA spoke by telephone with the Consul General at the Pakistani Consulate in Chicago in an effort to obtain a 5-year visa for Headley to travel to Pakistan. It is clear from email traffic unrelated to terrorist plotting that the Consul General knows RANA and Headley personally as all three attended the same high school. However, the Consul General knows Headley by a different name. In seeking a visa for Headley, RANA stated that he wished to obtain the visa for a white American named Headley who did not have any Pakistani background at all. When the Consul General suggested that RANA send this friend to the consulate,RANA explained that he had sent his friend elsewhere to take care of some unspecified business so that someone else would visit the consulate. It is clear from the foregoing conversation that RANA was attempting to deceive the Consul General into granting a visa for Headley without the Consul General knowing for whom the visa would be issued.

On or about September 30, 2009, Headley and Individual A again spoke by telephone. Individual A informed Headley that “Pir Sahib” is “absolutely all right.”Headley asked Individual A to “swear” several times, and Individual A responded “I swear, I am telling the truth.” Headley added, “so he does not get married,” and asked “so, then, I will be able to meet him upon returning?” Individual A responded words to the effect of “absolutely, right, and he – just today – just today, was asking about you.”

Based on my (FBI agent's) review of this conversation, as well as preceding conversations, I believe that the reference to “Pir Sahib” is Kashmiri. Shortly after speaking with Individual A, Headley spoke to RANA by telephone.He informed RANA that “Pir Sahab is alive.” RANA responded, “wow, all praise be to God.”

Based on recorded conversations with associates and other third parties, Headley intended to travel to Pakistan in early October 2009. Before doing so, Headley intended to travel to Philadelphia from Chicago. Headley received an email confirmation from Orbitz, an online travel agency,reflecting the purchase of airfare from Chicago to Philadelphia on October 3, 2009.

On October 3, 2009, Headley was arrested at O'Hare Airport in Chicago before boarding his scheduled flight to Philadelphia. Agents searched his checked luggage pursuant to a search warrant issued by United States Magistrate Judge Arlander Keys on October 2, 2009. Among other items recovered from Headley's checked luggage were

(1) A photocopy of the front page of an August 1, 2009 issue of the Jyllands-Posten;


(2) a street guide for Copenhagen, Denmark; and

(3) a list of phone numbers, including a Pakistani telephone number Headley had used to contact Individual A.

Also contained in the luggage was a memory stick. Contained on this memory stick were approximately ten short videos, including videos taken of King’s Square (Copenhagen) both during the day and at night. The day-time video of King’s Square includes close-up shots of the entrance to the Jyllands-Posten office. The videos also include shots of what appears to be the entrance to a military barracks, a close-up of a guard stationed near the entrance to that location, and of the exterior and interior of Copenhagen’s central train station.

On October 18, 2009, RANA was arrested. After being advised of and waiving his rights, RANA provided the following statements:

(1) he was aware that Headley had been affiliated with the Lashkar-e-Taiba terrorist organization for the past few years,

(2) he was aware that Headley had received training from the Lashkar-e-Taiba terrorist organization,

(3) he was aware that Headley had met with Ilyas Kashmiri within the past year,

(4) he was aware that Headley communicated with Individual A and LeT Member A,

(5) he was aware that Headley was angry about the cartoon depictions of the Prophet Mohammed,

(6) he was offended by the cartoon depictions of the Prophet Mohammed and would not have done business with the newspaper that published them, and

(7) he had discussed the cartoonist and editor from the Jyllands-Posten with Headley.

This is not intended to be an exhaustive account of statements that RANA has made, but a summary for purposes of this affidavit.

( The writer is Additional Secretary (retd), Cabinet Secretariat, Govt. of India, New Delhi, and, presently, Director, Institute For Topical Studies, Chennai. E-mail: seventyone2@gmail.com )