This article was submitted to the CIA prior to publication. Passages redacted by the CIA are marked [...].
Zayn al-Abidin Muhammad Husayn, more commonly known as Abu Zubaydah, is my client. After being extensively tortured by the CIA and imprisoned in various black sites around the world, Zayn may finally be approaching his day in court. I and my co-counsel welcome that day. But what if we are successful and establish that Zayn is not an enemy combatant? Would any country agree to take our client? The Bush administration's misrepresentations about Zayn make that virtually impossible unless I am allowed to tell his side of the story. This article is the first step in that reclamation process.
For many years, Abu Zubaydah's name has been synonymous with the war on terror because of repeated false statements made by the Bush administration, the majority of which were known to be false when uttered. On 17 April 2002, [...] President Bush publicly announced that Zayn had been captured: "We recently apprehended one of al-Qaida's top leaders, a man named Abu Zubaydah. He was spending a lot of time as one of the top operating officials of al-Qaida, plotting and planning murder."
Zayn's capture and imprisonment were touted as a great achievement in the fight against terrorism and al-Qaida. There was just one minor problem: the man described by President Bush and others within his administration as a "top operative", the "number three person" in al-Qaida, and al-Qaida's "chief of operations" was never even a member of al-Qaida, much less an individual who was among its "inner circle". The Bush administration had made another mistake.
These facts really are no longer contested: Zayn was not, and never had been, a member of either the Taliban or al-Qaida. The CIA determined this after torturing him extensively and [...]. Zayn was never a member or a supporter of any armed forces that were allied against the United States. He had no weapon when he was taken into illegal custody. He never took up arms against the United States nor against its coalition allies. He was not picked up on a battlefield in Afghanistan at the time of his detention, but was taken into custody in Pakistan, where he was wrongfully attacked, shot, and nearly killed. So serious were his wounds that a surgeon from John Hopkins University was flown to Pakistan to perform emergency surgery to save the life of a man the Bush administration believed to be the number three man in al Qaeda.
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