Will Obama Free the Blind Sheik?

Are senior Obama administration officials considering transferring to Egypt a poisonously influential Islamist cleric serving a life term in federal prison for trying to unleash a war of urban terrorism in the United States? That’s the impression several officials have given over the past three months, apparently out of fear that if the cleric dies in U.S. custody, American outposts in the Middle East could be overrun by vengeful mobs.

Omar Abdel Rahman, the so-called Blind Sheik, is one of the world’s leading theologians of terrorism. Abdel Rahman, who has diabetes and is in his mid-70s, is confined at the U.S. Bureau of Prisons medical facility in Butner, N.C. He served as spiritual adviser to El Sayid Nosair (in connection with the 1990 assassination in Manhattan of Meir Kahane, a right-wing Israeli politician) and to the band of terrorists who carried out the 1993 bombing of the World Trade Center that killed six and wounded numerous others (an operation undertaken in part to free Nosair from jail).

Abdel Rahman was convicted in 1995 of participating in a seditious conspiracy that included the Kahane murder, the 1993 WTC bombing, and a plot to blow up other landmarks in New York and to assassinate Egyptian President Hosni Mubarak when he visited the United Nations. I presided over the trial as a U.S. district judge; upon his conviction, I sentenced Abdel Rahman to life in prison.

In 1997, members of Abdel Rahman’s organization (Gama al Islamiyah, or the Islamic Group, which is designated by the U.S. government as a terrorist organization) murdered more than 60 tourists at Luxor, Egypt, and inserted notes in the body cavities of several victims demanding the Blind Sheik’s release. Also in the mid-1990s, Abdel Rahman contrived from jail to issue the fatwa that Osama bin Laden cited as authorization to carry out the 9/11 attacks. The sheik’s confinement was on bin Laden’s list of grievances meant to justify that atrocity.

Blind since youth, Abdel Rahman reputedly memorized the Quran in his teens. He later lectured at the prestigious Al Azhar University (where President Obama would deliver his speech of outreach to the Muslim world in 2009). Abdel Rahman has been a totemic figure to Islamists since 1981, when his pronouncements gave a group of Egyptian army officers the spiritual justification for assassinating President Anwar Sadat. The officers were hanged, but Abdel Rahman successfully defended himself at trial by arguing that he had simply been opining on issues of Islamic law and should not face censure for that in a Muslim country.

The evidence that the U.S. government is seriously considering transferring him to Egypt is circumstantial. However, as Henry David Thoreau pointed out when dairy customers were suspicious that local farmers had diluted the milk they were selling, “some circumstantial evidence can be very convincing, as when you find a trout in the milk.”

The first hint of something fishy came in June, when Hani Nour Eldin, a member of the terrorist group that carried out the Luxor slaughter and who had himself spent 11 years in Egyptian jail on terrorism charges, was granted a visa to come to the United States, where he visited the White House and urged that Abdel Rahman be transferred to Egypt. Members of Congress immediately raised questions about how such allowances were made for a member of a designated terrorist organization.

The assistant secretary of homeland security for legislative affairs, Nelson Peacock, responded in a July letter. It suggested that no warning flags had been raised during the processing of the Eldin visa, but the letter acknowledged that, as a member of a designated terrorist organization, Hani Nour Eldin would have needed a waiver from someone in authority to get a visa.

Rep. Peter King (R., N.Y.) then demanded that the Homeland Security Department’s inspector general investigate how that waiver was secured and explain what role the department would play in any transfer of Abdel Rahman. Acting Inspector General Charles K. Edwards answered on Sept. 10 with a letter promising that the department would conduct the requested review “and add it to our FY 2013 workplan” (for which no deadline is announced).

Meanwhile, Secretary of State Hillary Clinton traveled to Egypt in July to meet with President Mohammed Morsi, an avowed Islamist and leading member of the Muslim Brotherhood, and invite him to the U.S. He will be in New York this week for the opening session of the U.N. General Assembly. Mrs. Clinton’s visit came two weeks after Mr. Morsi’s inaugural speech in Cairo’s Tahrir Square, in which he promised to seek the release of the Blind Sheik. This month, when Mr. Morsi dispersed protesters outside the U.S. Embassy in Cairo (following a telephone scolding from President Obama), he left in place those protesting the Blind Sheik’s continued confinement.

Transferring Abdel Rahman to an Egypt already under the control of the Muslim Brotherhood and presided over by Mohammed Morsi would be pouring gasoline on a bonfire.

A congressional staffer I spoke with last week recently called the Egyptian Embassy in Washington and asked to speak with the official in charge of the request to release Abdel Rahman. This call elicited not a denial but rather the disclosure that the matter was within the portfolio of the deputy chief of mission, for whom the caller was invited to leave a message.

Then there are the statements of U.S. officials on the subject, which all have sounded excruciatingly lawyered. Asked before Congress in July whether there is an intention “at any time to release the Blind Sheikh,” Homeland Security Secretary Janet Napolitano responded: “Well, let me just say this. I know of no such intention.”

The State Department’s spokesperson last week, after the ceremonial “let me be clear,” said that there had been no approach on this topic “recently” from any “senior” official of the Egyptian government-an elucidation laden with ambiguity and certain to send chills up the spine of anyone familiar with Abdel Rahman’s record and President Morsi’s inclinations.

All of this plays out in the context of an Obama administration that hasn’t hesitated to employ executive orders to get around Congress, led by a president who was caught on a “hot mike” assuring Russia’s leaders that if he wins re-election he will have more “flexibility” to accommodate Russian demands that the U.S. curtail missile defense in Europe.

It appears that the only course open now is for Congress to demand an unequivocal statement from the State Department and the White House that the U.S. will not transfer or release Abdel Rahman under any circumstances. Absent such assurance, it may be time for Congress to make clear that such a transfer or release could be considered the kind of gross betrayal of public trust that would justify removal from high office.

Mr. Mukasey served as U.S. attorney general from 2007-09, and as a U.S. district judge from 1988 to 2006.

This article was originally posted in the Wall Street Journal.