From my recent article at slate.com, co-authored with Joel Cohen of Strook & Strook & Lavan LLP:
By all appearances, Haji Bashaar Noorzai is a scoundrel. A shadowy figure with ties to the Taliban, Noorzai is heavily involved in international heroin trafficking, according to a federal indictment that is pending against him in New York. But he is a tribal rogue whom U.S. terrorism fighters have relied on, while looking away from his darker side as a dope dealer. For years, the relationship was mutually beneficial—Noorzai helped U.S. authorities uncover huge numbers of terrorist weapons, including Stinger missiles, and in return he got to ply his drug trade with impunity.
In 2004, it appears, Noorzai was invited to the United States for further briefing on his undercover work by two freelance “contractors” associated with the FBI, who told Noorzai they were FBI and Defense Department agents. He was assured that he would not be arrested, and could return home whenever he liked. The contractors introduced Noorzai to actual federal drug agents, who warmly welcomed him. He was lodged in a fancy New York hotel and debriefed for 10 days. And then he was arrested for drug trafficking. For more than two years since then, he has sat in jail.
If you consider only Noorzai’s alleged conduct, which includes a conspiracy to distribute hundreds of kilograms of heroin, that’s where he probably belongs. But what about the conduct of the United States—luring someone to our shores who was cooperating in the fight against terrorism with our representatives, on a patently false promise that “you won’t be arrested”?
The full article is available here.
