Ep 268. - How Pakistan’s Generals Sold Out Dr Aafia | Clive Stafford Smith

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This week on The Thinking Muslim, we have Clive Stafford Smith on the podcast to discuss the case of Dr Aafia Siddiqui, including the troubling role of Pakistani authorities in her abduction, the heartbreaking seizure of her children, and the broader issues of state complicity.

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Transcript - This is an automated transcript and may not reflect the actual conversation

Introduction

0:00

just bring us up to speed on on the case on  the issue of Dr. Apia Sadiki and why she's  

0:06

currently languishing in a prison in Texas.  They ended up abducting her on March the 30th,  

0:12

2003. Is it a Pakistani authority? Well,  the Pakistani authorities did it for the   Americans. The Pakistan government paid $2  million to these lawyers to represent her. Oh,  

0:24

okay. These people are not going to do what Afia  wanted, which is tell the truth. You know, these   people are guilty of abducting her, abducting  the children, selling them to the Americans,  

0:34

then trying to murder them. Their crimes  are endless. The establishment in Pakistan  

0:39

and the CIA have lied about this for 20 years.  General Masher was teetering at the end of his  

0:46

time in office. If she had shown up in Pakistan  with the whole story about her torture and the  

0:52

children and everything, that really would  have been the end of his government. What's   the next step? If there was a justice system  in reality and they'd be under indictment.

1:04

Clive Savas Smith, welcome back to the Thinking  Muslim. I'm grateful to have you with us today.   Look, it's always a great pleasure and honestly,  I had to come to get another Thinking Muslim cup  

1:14

because Fatima, who works with me, really wants  another one. So, you know, I'm only here for one  

1:20

reason, let's face it. Great. Well, no, we've got  a we've got a mug for you, uh, Clive. I mean I I  

1:25

mean it's uh I'm really happy that you've joined  us here. You've just returned from a very long   trip to Afghanistan. I think you just return your  flight came back yesterday night was it? Yeah,  

1:35

I got back last night. I think I caught you  mid-flight or at least early something like that.   And you know, look, I was very grateful. I left  Kabul really only about four or five hours before  

1:46

Pakistan started bombing the city. So I don't  know. I've been attracting these people. But when   I was in Pakistan last time was when the Indians  started attacking. So I'm just going to stay in  

1:56

Dorsit for a bit where I hope no one's going to  start firing missiles at us. Right. Okay. Well,  

2:01

hopefully not. I mean, you're you've just  returned from Kabul and um you know for context  

2:07

uh of course always when I have you on my show I  would like to talk to you about other things but   it's really Afia Sadiki, Dr. Afia Sadiki and  her case. Yeah, I was there mostly for her,  

2:18

but also some of the Guantanamo guys, you know,  I'm fairly confident we'll have Muhammad Raheem,  

2:23

the last Afghan out in the next few days. Great.  Which is fabulous. So that's good. Afghanistan,  

2:29

I mean, before we get to Dr. Afia, actually, you  know, how did you leave Kabul? I know Pakistan   thing, but before then, like how did you leave  Kabul? What's the Well, I mean, I've got to say,  

Afghanistan

2:38

I've always been um Did you have internet? I  mean, could you communicate with the world?   There was there were two days when they turned  the internet off. Yeah. And I was later I couldn't  

2:49

do anything. He didn't have phones either. It  really made life quite difficult. But I got a lot  

2:55

of work done. But the um I read the Western media  later about all the fantasies that they had about  

3:01

why it was and the Taliban were trying to stop  Western vice from seeping in and all that stuff,  

3:07

but it just wasn't. It was because they were  having a new internet server and they were trying  

3:13

to sort it out. They've got one or two weird ideas  about the internet, but um but it wasn't what the  

3:18

West says. And so much of what I see there is  not as the West says, right? Um you know, I  

3:26

should say first I I really don't agree with some  of the policies towards women. Fundamentally not.  

3:32

But then so that's true of 80% of the Afghan  people including a lot of their government.  

3:38

I've talked to government people who say I've  got daughters. I want my daughter to have an   education. Um so that's obviously an issue,  but it's an issue that the West stands on the  

3:50

touchline screaming about in a way that's actually  very counterproductive for the rights of women.  

3:57

It just enforces, you know, it reinforces  the the sort of conservatives in Kandaharan  

4:04

um because it's the West telling them what to  do. The we've got to do something about that in  

4:09

a more positive way. But the reality is that  every government's first duty is to make the  

4:17

country safe. Yeah. And if we can just stop the  Pakistanis from bombing them, Afghanistan is the  

4:24

safest place I go to. I I was given some security  people by the Afghans the first time I went there  

4:30

and these big guys with turbans and AK-47s. I  said, "Look, you're really wasting your time.  

4:36

I I really appreciate it. I'm going to Texas next  week. That's where I need you. It's not here." And  

4:42

it truly truly is safe everywhere I go. And that's  fabulous after 45 years of war. Great. Okay. Well,  

4:51

we're here to talk about the really unfortunate  case of Dr. Afia Sadiki I know her sister Fosia  

Summary of Aafia’s case

4:57

was I missed her unfortunately I was abroad but uh  I know she's been amazing in in you know fighting  

5:03

for cause of she is amazing generally faian  yeah um so you're in Afghanistan to partly to to  

5:11

investigate and continue to investigate the case  of of uh of Afia Sadiki for those of our viewers  

5:19

who have not watched the previous two shows and  I really ask our viewers to do though just bring  

5:25

us up to speed on on the case on the issue of Dr.  Aia Sadiki and why she's currently languishing in  

5:31

a prison in Texas. So a little background um the  US got it into their minds back right after 911.  

5:41

Um obviously there were thousands you know 15,000  um Muslims taken in after 911 and there was all  

5:49

sorts of Islamophobia. I was there. I remember  it. Yeah. Um, and Afia was caught up in that and  

5:57

gradually the US assembled stuff about her, pretty  much all of which turned out to be false. Um, and  

6:05

so very briefly, we'll go back and discuss that in  a bit, but um, they then decided she was a leader  

6:14

of al-Qaeda, which you know, you might just say  to them, hey, you know, there weren't any women  

6:20

leading al-Qaeda. is a fundamentally chauvinist  organization. Um, but they ended up abducting  

6:28

her on March the 30th, 2003. Is it a Pakistani  authority? Well, the Pakistani authorities did  

6:35

it for the Americans. You will have read in  General Masharif's book at page 234 um how  

6:42

he boasted that hundreds of people were sold to  the Americans for bounties. Afia was one of them.  

6:51

And the unique thing about her was first she was  a woman. There were very few women involved in  

6:57

this. But the really bad bit was they abducted  her three children. And you had Ahmed age six,  

7:04

Mariam age four, and little Sum Sulean 6 months  old. And so Ahmed was taken and put in a prison  

7:14

in Afghanistan. Um they said his name was Isan  Ali and if he ever said he was Ahmed they'd kill  

7:20

him. Um he was there for five years. Mariam was  forcibly adopted into a white Christian American  

7:29

family for seven years. Um and then Sullean we  don't know exactly what happened. Originally,  

7:37

we thought I thought that he had been dropped on  his head and killed, but the only source for that  

7:42

is actually six-year-old Ahmed looking out of the  back window of the car he was in and relating this  

7:50

5 years later, and that's not terribly reliable.  So, we just don't know whether he's alive or  

7:57

not to this day. And then, um, Afia was taken to  Bagram Air Force Base. We can now prove that. And  

8:05

you got to remember that the the establishment in  Pakistan and the CIA have lied about this for 20  

8:12

years. Um that she was taken there. I've got lots  of witnesses who say she was taken to the Bagram  

8:21

prison. She was in the isolation unit for a bit.  Lots of people saw her there and have given me  

8:27

statements. She was then taken to what's called  the disc which was an underground black site in  

8:34

Bagram and she was held there for quite a while.  Then she was taken to another prison in or around  

8:40

Kabul which I haven't located yet where uh she  was raped a number of times. Uh and this went on  

8:48

for five years. And this poor woman throughout all  of that was worried about her children. And then  

8:55

actually when she was in background, she related  to me the first time I saw her that they had some  

9:00

children behind a one-way glass and they were  purporting to torture them and say they were her  

9:06

kids, you know. And then you imagine as a parent,  um I certainly can. I'm sure everyone can. What do  

9:13

you do? Afia told me that she'd tell them whatever  they wanted to hear, you know, make up whatever  

9:19

they want, but they just carried on. and she said  to me that she agonized over this and she finally  

9:26

decided the best way to stop it was to pretend she  didn't care. Now, can you imagine being in that  

9:32

position? So, these are were Americans Americans  doing that. Yeah. And and it wasn't her kids,  

9:39

but she thought it was. Um then they showed her  pictures of both of her boys dead in blood. Now,  

9:46

we know those were falsified because Ahmed later  showed up alive. And then she it came time when  

9:53

they figured out she was really nobody. And this  happened so many times over the last 20 years.  

9:59

So they want to get rid of her and the Americans  would have just got rid of her. They didn't care.   Um unfortunately this was in mid208 and uh General  Masher was teetering at the end of his time in  

10:13

office and if she had shown up in Pakistan with  the whole story about her torture and the children  

10:20

and everything that really would have been the  end of his government. So they came up that and  

10:25

this according to all my witnesses um who take  an opinion on this say this is an ISI operation  

10:33

where they came up with a disposal operation to  get rid of them. And the idea was they sent her  

10:39

to a place called Gazny 150k southwest of um of  Kabul and said if you go there you can have your  

10:48

daughter back. She goes there in the bus with her  is her son, but neither of them are sure who they  

10:54

are because of all that they've been through.  But her son is dressed up as a suicide bomber.   They've called in a suicide bomb attack. Um,  and she's sitting outside this mosque and the  

11:06

Afghan National Police are going to come up with  their AK-47s. They're not going to ask questions.   They're going to just shoot her. The only reason  that doesn't happen as we discussed last time is  

11:16

I found this guy Muhammadi who um was able to talk  to her because he spoke Erdo and he was talking to  

11:22

her when the police show up and he stands between  her and the guns saves her life. She's then taken  

11:30

to the&p headquarters. Um they're just going  to let her go because they can't see she's done  

11:36

anything wrong. The Americans then swoop in  because they learn that she's been taken. And  

11:43

this is where the stories differ. The Americans  say that they don't say they bribed the national  

11:50

police. Um but that's what they did. Um to go  see her and they say they go into the room. One  

11:57

of them puts his machine gun down as one does in  a war zone. Afia reaches under the curtain, flips  

12:04

off the safety catch. I'm sure you know where  the M4 machine gun safety catch is and starts  

12:09

shooting. They say there were two holes up in the  wall. And so then this soldier bravely shoots her  

12:15

in the stomach. That's not what happened. What  happened is what Afia says. She says she hears  

12:21

American voices, thinks, "Oh my goodness, I'm  going to be taken back for more torture." And  

12:27

um she peaks around the curtain and this soldier  says she's on the loose and shoots her. And then  

12:32

they make the other story up. And the reason we  know that's true is that the two holes in the wall  

12:38

that they say she fired bullets into, there's a  video that we now have that um shows from earlier  

12:45

that day those two holes in the wall before all  of this happened. And there were no shells from  

12:50

the M4. It just didn't happen. So she's then shot.  She comes close to death. She's patched up. She's  

12:59

taken to New York, put on trial slightly less than  a mile from ground zero. Um, and she's convicted  

13:06

and given, you know, I had my lovely students this  summer go through every attempted murder case in  

13:13

the last 41 years in America. And Afia was given  the second longest sentence of anyone in America  

13:21

federally of 86 years. one guy who got longer  who tried to kill five police officers and had  

13:28

a long criminal record and he actually shot one  of the police and he wasn't the one who was shot.  

13:35

So that's the story now and and and what was the  conviction like was it terrorism? The conviction  

Aafia’s Conviction

13:42

was just for attempted murder, but then they plug  in all this terrorism stuff and she's taken to  

13:47

this place FMCell. Um, and you know, that's how I  really got into this. Her sister Faier asked me to  

13:55

go see her. Couldn't really say no, so I went and  Oh gosh, FMC Kwell, you know, honestly, I've been  

14:04

to pretty much every death row in America. I've  been to Guantanamo 42 times. Kwell is the worst  

14:11

really. She complained to me that she'd been  raped a number of times there. I didn't know  

14:16

really whether that's credible to begin with. I  look into it, I discover it's got the worst sexual   assault rate of any prison in the country. 13  people have been convicted of rape. 13 employees,  

14:29

including the Christian minister. And you know,  she's in this awful place. She's been in solitary  

14:36

confinement effectively for the entire time. She's  been treated worse even than the women on death  

14:42

row there. She's been treated worse than any  woman in federal custody. It's just awful,  

14:47

awful, awful. And they just don't believe her when  she says, "I'm worried about my children being  

14:54

tortured." They think she's making that up. You  know, the whole thing's just awful. This is your  

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more and give. Thank you for for um for for giving  us the background. Uh, so you were brought on the  

Clemency

16:27

case uh in order to um in order to in effect get  clemency for for her. And I think the last time  

16:33

we spoke there was it was before Biden uh left  the White House and there was some hope that  

16:40

maybe there would be a prisoner deal and um uh  in in exchange for Afia to go to a third country  

16:49

um the Pakistanis would release a particular  individual. That obviously didn't happen.  

16:54

Just tell me why that that didn't happen. So  I spent a month in Washington trapesing around  

16:59

trying to talk them into it. I think it really  didn't happen because Afia wasn't a family member  

17:05

of Joe Biden. I mean pretty much everyone who  was related to him got clemency. Yeah. But um no,  

17:12

I mean they just didn't do it. And and he  waited until 11:45 a.m. on January the 20th,  

17:19

15 minutes before he was out of office. Probably  his last act in office. way to send me a letter to  

17:25

the wrong address denying um clemency. It's just  really pathetic and very sad. Yeah. But you know  

17:33

that's I've never got clemency for anyone frankly.  So I'm not really surprised. But that just means  

17:39

we got to go the other route which is get the  court to do it. Right. Okay. So when you say  

The courts

17:44

get the court to do it, is there a appending case?  Yeah. I you know because then so I've now since I  

17:51

was ripped into this by thousand which I'm really  glad because it's a really important thing. Yeah.  

17:57

Um even though my goodness it's a lot of work. You  do this pro bono. You don't get paid for it. No I  

18:02

don't get paid. I don't never been paid by anyone.  Yeah. Um we do it for charity because I am an  

18:08

what we call an OPWM. What's that? That's an old  privileged white male. And if I don't do that, my  

18:15

mother will strike me dead from heaven. So anyway,  um yeah, so I've spent a lot of time digging up  

18:23

and there's some great interesting new stuff. Can  I tell you something? Yes, please do. Yeah. So  

18:29

over the time since I last saw you. Yeah. First,  we've got an ISI agent telling us what happened.  

18:39

This is what really annoys the establishment in  Pakistan that one of their own has given me a  

18:44

sworn affidavit and going public and he's not even  he's teeny bit mad because I think they're going  

18:50

to try and kill him frankly but he wants to do  this is the right thing to do. I've got a secretly  

18:58

recorded one of the people who actually abducted  her in the first place. Wow. There's another of  

19:04

the people who abducted her in the first place  who tells the story of how this American woman  

19:10

agent slapped Afia. Um, so we got absolute proof  of her being abducted, which people have tried to  

19:18

deny for 22 years. We've got two American agents,  one CIA and one another intelligence officer who's  

19:28

told us about what they believed about her. It's  just extraordinary. Let me let me pretend you're  

19:33

a secret agent, right, with the CIA. Yeah. They  and you tell me what's true and what's false. So  

19:39

they say she had a green card in as an American  so she could go in and out of America. Is that  

19:46

true or false? Oh, I don't I don't know. Wasn't  she a citizen? Wasn't she Oh, you're even worse.  

19:52

You're worse than the CIA? Yeah. No, she wasn't  a citizen. She didn't have a green card. Oh,  

19:57

she didn't have a green card. Okay. She had a  PhD from MIT. Yeah. Is that right? It wasn't MIT,  

20:03

was it? It was another university. Yeah, we  got the few. You almost said yes. Really? Yes.   Right. And they said MI, it was Brandeise and they  said MIT is a university that only does maths and  

20:14

physics. Is that true? Uh, no. It's not true. No,  of course it's not true. And that she therefore  

20:19

knew how to build a nuclear bomb. Do you know how  to build a nuclear bomb? Uh, no. But if I did,  

20:25

I wouldn't say, but I don't. No, you probably  shouldn't. Was preventable. And she doesn't   have a nuclear physicist. No, she was They keep  saying she's a scientist. No, she's not. She's an  

20:36

educationalist. Her PhD is a lengthy thing about  education. And they said because of this, she was  

20:43

um the object of a conspiracy between al-Qaeda  and which other terrorist group was it? Or the No,  

20:52

it's FARC. Now, do you FARC? Really? The uh  Colombian is it? Colombian revolutionaries. Where  

21:00

do they get this from? I'll tell you where they  get it from. Yeah. The at the time there was a   big battle with the who was getting money. Right.  Right now in America, sorry. Um in America right  

21:10

now it's ICE is getting all the money. Right. So  they're taking all the money from the FBI and from   the DEA and ATF and people back after 911 suddenly  the war on drugs was put on the back burner and  

21:24

the war on terror or as Borat calls it the war  of terror um was the big thing. So suddenly the  

21:31

money's all going to the CIA and the FBI. The DEA  desperate to get in on the act was trying to turn  

21:39

it into drugs. So they said first that al-Qaeda  was making their money off heroin in Afghanistan  

21:46

and then somehow it must have come from them. This  stuff about Colombia was so stupid. It's not true.  

21:54

And so this was what they thought Afia was up  to. It's utter nonsense. And in so we got this  

22:01

American agent to tell us that. And then there's  this other stuff that in 2002 around about March  

22:09

or April, the FBI comes to Afia's apartment  with her horrendous ex-husband Amjad Khan. Um,  

22:19

we got all this evidence about him abusing her and  the scar from him, throwing a baby bottle at her.  

22:27

Um, but the FBI shows up and he's been buying all  this sort of night vision goggles and bulletproof  

22:34

vests and stuff and he says it's because he's a  hunter. I'm astounded he wasn't arrested on the  

22:40

spot. So, they go there once. They come back again  when he gets a $70,000 uh check from Saudi Arabia.  

22:49

You know, Saudi Arabia, half of almost all of the  911 conspirators were from there. Again, he says,  

22:56

"Well, I'm just doing it for a friend." Yeah.  They don't do anything about that. They come back   a third time and say, "Have you been giving money  to these Islamic organizations?" So, it's amazing  

23:09

Amjad wasn't arrested. But both he and Afia were  then on much closer watch list. So they both go  

23:15

back to Pakistan where they then Amjad gets  into an argument with Afia's dad, pushes him,  

23:23

he falls and has a heart attack and the family  ascribes his sad death to that. So there's a  

23:30

rather bitter divorce and um this is when the  suspicion comes on Amjad and um Afia and they're  

23:41

both from whom? from the US. Some they're getting  all their intelligence from the Pakistanis. No,  

23:47

the Pakistanis are doing a bit of that, but  actually the Americans perfectly capable of   getting everything wrong themselves. They come  up with this theory about blood diamonds. They  

23:56

got someone who says that Dia was dealing with  blood diamonds in Liberia with uh and it's on  

24:04

it's in 2001. It's actually on a day that we can  prove she was in hospital in Boston having a scan.  

24:11

And interestingly, the FBI had debunked all of  that, but the CIA was still repeating it. So,  

24:19

all of this stuff comes up and then what happens  and we we have other stuff that I've discovered.  

24:25

It's really interesting. Um, if you look at  the Senate report on torture, they don't call  

24:31

it torture, they call it enhanced interrogation,  of course. Yeah. Then um footnote 1898 has a list  

24:40

of nine people whose photographs were shown to  Hal Shake Muhammad supposedly the mastermind of  

24:47

911. And they were shown by this woman Bicowski  who calls herself the queen of torture. Um and  

24:54

they were shown to him on the 23rd of March  uh 2003. One of them was Afia and then there  

25:03

were eight other people. Now of the eight other  people, seven have been exonerated at this point,  

25:08

including two of my clients. Uh, one of whom was  Usuzer Paratch, another Sullipar. Um, the eighth  

25:16

person was apparently taken by the establishment  in Pakistan and disappeared and never been heard  

25:22

of again. And the ninth person is Afia. And so  they're torturing torturing KSM. He then, you  

25:30

know, identifies all these people as being um big  names in al-Qaeda. So then on the 28th of March,  

25:38

um the Americans arrest Paracha. He spends 18  years in prison before he's exonerated. On the  

25:44

30th of March, they um get Afia, they get the  Pakistani establishment to go nab her and you  

25:52

know, she's sold to the Americans. So all of that  we can now prove. Okay? And it proves beyond any  

25:58

doubt, you know, how they messed up and how the  Pakistanis were involved and so on and so forth.  

26:05

And you know, the thing about all of this is  Ismat, who's Faier and Afia's mother, yeah,  

26:11

before she died and before Masher died, forgave  Masher. Sent Faia to see Masher to to personally  

26:19

forgive him for what he did. And you know, we're  not out there for revenge against these people. We   just want justice for Afian. Let's let's go back  a little bit. You said that you've got a signed  

ISI Agent Affidavit

26:29

affidavit from the ISI from an agent. What does  that contain? Explain that. Well, it it explains  

26:36

the whole story, right? And it also explains  how he um says that the disposal operation,  

26:44

the effort to try and murder Afia, right, was a  typical agent, you know, thing by the ISI. This  

26:50

was in Gazny, isn't it? Okay. Right. So he he and  he was involved in all of this. He was involved in  

26:56

that blood diamonds case because there was a case  that was closely linked to that. Yeah. And he was   he was trying to get access to Afia who we knew  was in Afghanistan with the Americans. Right. And  

27:06

so basically he helps us prove one of the many  things that they've been lying about which is  

27:13

where was Afia for the missing 5 years from 2003  to 2008. So he says she was in Bagram. She was at  

27:20

Bram. She says he says she was in American custody  and he was trying to get they had a deal with the  

27:26

Americans. Yeah. That they could get prisoners  back if they needed to interrogate them about  

27:31

something else. He wanted to talk to her about  this other issue. Yeah. And you know he was trying  

27:36

to get her and that was when the whole Gazny thing  took place. And for two American agents, one from   the CIA, one from intelligence agency. The other  is actually the US Air Force intelligence. He was  

27:47

in Bagram at the same time as Afia was and and  they've spoken to you. They've given me affidavit  

27:53

and and again saying so the US agent the the  air force guy was in New Orleans when I was in  

28:01

2002 and he related what he knew about Afia from  then he had a very clear memory of it right and  

28:08

he's the one who tells us all the misinformation  they had. He then goes on to talk about his he was  

28:13

in Pakistan after that and he discusses some of  that. Yeah. And he was then in Bagram for several  

28:21

several years and he he details some of that. So  it's incredibly helpful. Afia at the moment is in  

Pakistan Government Complicity

28:28

prison in in Texas Fort Worth Texas. Fort Worth  Texas. Right. And uh she's been there since 200  

28:35

2008 really but 2010 after her trial. Her trial.  Okay. And um you entered uh the case you you got  

28:45

you became a lawyer effectively when was 2023 when  2023. So in between those that period 2008 and  

28:54

2023 uh what was Afia's condition? So well first  you got her trial which happened in 2010. Now the  

29:02

problem there was um the Pakistan government paid  $2 million to these lawyers to represent her. Oh  

29:11

okay. The Pakistan government Yeah. But there's  a serious issue with that, right? Which is that  

29:17

they had a massive conflict of interest. Now, one  of the things that we can now prove beyond any  

29:22

doubt is that the Pakistan establishment has spent  the last 18 years effectively or really 22 years  

29:32

um trying to cover up their own crimes. And so,  uh they hired these lawyers. Yeah. But these  

29:42

people are not going to do what Afia wanted,  which is tell the truth. They put on a trial,   a defense at trial where they prevented Afia. Afia  was trying to testify about the torture, about the  

29:54

time she was in Bagram, about the abductions. And  they prevent that because the lawyers had this  

29:59

massive conflict of interest because they're being  paid by the very people who caused the problem.  

30:05

And you know, one of the interesting things  about this which is just so wrong is Fia,  

30:12

who is a woman, if you're ever in trouble,  you want that woman as your sister. I mean,  

30:18

she's just amazing. But the Pakistan establishment  has spent endless effort to intimidate her.  

30:26

They've dropped dead bodies or it's alleged  they've dropped dead bodies. I don't know,   outside her door in her house. They've they've  posted apparently bullets to her. People have  

30:40

told her that if and they said this to her  mother that if they don't back off, some of   their other daughters are going to disappear. Um  they there have been attempted abductions of the  

30:51

children. There's been all sorts of threats.  I mean, even while I've been representing her,  

30:56

they they've taken her off with blindfolds  and threatened her if I carry on doing my job.  

31:02

taking Fousia off. Fousy off. Really? Yeah. And  look, I tell them, you want to kidnap someone,   come and kidnap me. I mean, it's not Fousia who  can, she can't stop me. And she, you know, we make  

31:11

this very clear. I'm representing Afia. And much  as I love Fia, I think she's fabulous. I can't  

31:18

betray Afia because of what's going on. But, you  know, this goes on and on and on. And we had this  

31:25

whole thing about whether Pakistan would intervene  with an amicus brief, a friend of the court brief.  

31:31

Yeah. for AFM. You know, they'd agreed to it  and we were in court and this lovely judge in  

31:38

Islamabad was helping us organize it. Yeah. So  they agreed to it. The attorney general himself  

31:43

agreed to it. Then they were naked and then the  judge threatened them with contempt and all the  

31:49

rest of it if they wouldn't explain it. And we all  know what's going on, right? They're being told   what to do by the puppeteers. So then I had these  lengthy discussions with the attorney general and  

32:00

the justice minister who are both decent people  in Pakistan. In Pakistan and we agreed on a  

32:07

different way to do the amicus brief that they  were happy with. They then got apparently told  

32:13

they couldn't do it by the same people again.  So you endlessly that the the establishment is  

32:18

just thwarting what we're trying to do. But then  when I went to Afghanistan just two weeks ago,  

32:24

uh, Faia was going to meet me there and we were  going to go to Kandahar. We were g we there are  

32:29

still things I want to find out. I mean, we've got  enough evidence to sink these people beyond trace,   but you can never have too much. So Fousia was  going to come too. We're going to go to Kandahar,  

32:39

meet all the powers that be, and get some more  help. She then receives a call from a guy who  

32:47

says his his name is Hay Tullah and that he's  with the Hakanis and that he's telling her that  

32:54

she can't go to Afghanistan and the Afghans  aren't going to help us anymore and this that   and the other. So she lets me know that and I  say well you know where'd he call you from? So  

33:04

she calls the number back and it's a Pakistan  number of someone else she'd been talking to.  

33:10

And so I say, you know, this guy's an ISI stoogge  obviously. But then I talk to Anna Hakani, who's  

33:17

one of the real Hakanis, one of the brothers,  and he says his first response is that guy is  

33:24

not one of us. This is an ISI stoogge, right?  So they're still making these pathetic efforts  

33:31

to stop Fier and me doing what we got to do.  Explain that. Why? Why are the Pakistani estabia?

Pakistani establishment and Fowzia

33:42

Why do they not want? They don't want it because  if there was a justice system in reality in  

33:49

Pakistan, they'd be under indictment. You  know, these people are guilty of abducting her,  

33:54

abducting the children, selling them to the  Americans, then trying to murder them and   then trying to cover up their wrongdoing.  And you know, their crimes are endless.  

34:04

So, no, we're not interested in prosecuting them,  but they're so paranoid and their whole, you know,  

34:10

they're bullies and their whole bully ethos is to  be paranoid about, they know they've done wrong.  

34:18

I just wrote a piece that probably will get me  abducted next time I go there about these people,  

34:24

you know, they need to read the constitution.  The constitution says each of those people   swore an oath as a military officer to uphold the  constitution to protect Pakistanis and they've  

34:34

done exactly the opposite and you they need to  stop this nonsense. They really do by Pakistani  

34:41

establishment then can you be more specific? Who  are we really talking about here? Well they call   them the establishment it's the military and  the ISI who are mixed up and it's very sad.  

34:51

Yeah. Um you know it's very sad to me about what's  happening in Pakistan generally with my old friend  

34:57

Imran Khan with all this other stuff and you know  they're just ruining a country that I have a lot  

35:03

of respect for right so to get this clear the  Pakistani Pakistani army aim maybe you know the  

ISI Chiefs

35:11

uh the chiefs of the ISI uh they do not want  Afia to come back home neither do they want her  

35:18

to be released to a third country. Well, I'm not  really naming names because I don't know which of   these shadowy cowards it is. Yeah. Although I've  tried very hard to meet with them. I would love to  

35:28

sit down and talk to them and just tell them the  facts of life. I mean, first what their duty is,   but more importantly, we're not trying to get  them. But on the other hand, the longer they make  

35:39

me work on this, the longer they try to obstruct  us, actually, it's kind of cool. It really helps  

35:45

me. These people are so stupid. They don't get  that everything they're doing now is helping  

35:51

me prove that the lawyers had a conflict in the  first place. Why? Because they're proving that  

35:56

anyone who's representing our fear is going to get  threatened if they tell the truth. So I'm happy,  

36:03

you know, if it's just me, I'm not happy they  do it to Felsia. Yeah. But at the same time,  

36:08

the longer they keep this going, if they  helped us, we could get her out tomorrow.  

36:13

But the longer they keep this going, the more dirt  I'm going to dig up on them and it's all going to   be published. Right. Okay. So, the Pakistani  establishment do not want uh just want this  

36:25

to disappear. They want you to they want her to  disappear. They want her to disappear. They want   her to die in FMC cars. Well, is what they want.  Okay. So, you don't think you're going to get very  

36:36

much from from the Pakistani establishment? I  don't care. I really don't care about them. I   I enjoy this thing. I think it helps us to have  them doing all their silly shenanigans. But and  

36:47

you know, if they did their job properly, which  I don't think they ever will, we could get her  

36:52

out very quickly. But if they're not going to  do that, I don't care what they do because I   can get her out. It's just a matter of doing the  work. Is Afia still? I mean, she was seen to be  

37:02

the daughter of the nation. I mean, she was, you  know, Pakistanis feel deeply uh connected to her  

Pakistani people sentiment on Aafia

37:08

and emotional about what happened to her. I mean  it does that still remain in Pakistan? Oh is more   than that now. I mean she is the most famous woman  in Pakistan by far. Yeah. Um she's got the support  

37:20

of all the people effectively. It's going to get  better because we're going to expose what's really  

37:26

going on and there certain rumors have gone around  but we can debunk it all now. But it more than  

37:32

that she's becoming a figure across the world.  Right. And when we were last time I talked to you,  

37:38

we were doing that stuff in Washington. In like  three weeks, we got 1.7 million signatures for  

37:46

her clemency. And you know, that was the biggest  one in America at that point. It was astounding.  

37:53

I don't know how many times you've got 1.7 million  for you. I I've never had that, you know. Sadly,  

37:59

not what's the next step? So no, we you know we  didn't get clemency for for Afia. The Pakistani  

What is next for Aafia?

38:06

authorities aren't really not uh in the frame  of mind to to help here. Um so your focus is on  

38:14

um building a case in America itself and we build  the case and I've already uh sent a draft to the  

38:21

US attorneys. I met with them about a month ago.  Okay. And there are two things. These are federal  

38:26

attorneys. Yeah. They're the federal prosecutors  and they're decent people. They take their job   seriously. Okay. Um and so and the US attorney in  New York went to King's College Cambridge and my  

38:37

mother was admission secretary there. So we've  got, you know, we go back a long time. Yeah. Um  

38:43

so we've got two different avenues. One is what's  a habius corpus. It's called the 2255 there which  

38:51

is a challenge to the legality of the conviction.  Yeah. And for various complicated reasons I won't  

38:56

bore your um watches with Weaton. we can really  do them on that. We can win it. And we have a  

39:03

great innocence claim. And the innocence claim  isn't just that she didn't fire the gun. It's  

39:08

that if she was a kidnapped victim, which we  can now demonstrate beyond any doubt. Yeah. She  

39:14

could shoot who she wanted because when you're  kidnapped, you can shoot your way out. So we've  

39:20

got a very strong case of innocence and all sorts  of other legal issues. But then the second thing,  

39:25

the compromise is the there's a motion for  compassionate release because she's got the  

39:32

second longest sentence in US history in the last  41 years on this and because everything the judge  

39:40

relied on turns out to be false because the CIA  was lying to him. Um I think we have a very strong  

39:47

case for them just to say look she's done a total  now of 22 years which is more than most people  

39:54

do on those charges anyhow. Yeah. So just let her  go and we've got an an arrangement with a foreign  

40:01

country that I won't say who uh who have agreed  to take her. We'll fund it ourselves. We'll give  

40:07

her the treatment she needs and then it can all go  away. And the advantage of that is no one actually  

40:13

has to admit they got it wrong. Yeah. They can  just say we're being compassionate. So I think  

40:18

we'll achieve that. You know, the American system  grinds slowly. So but but I'm going to file the  

40:26

actual one in court in the next couple of weeks  and know we'll get a route next year. Really? Next  

American system

40:32

year. Fantastic. Okay. I mean the American system  of course is a very heavily politicized system and  

40:38

um um is there an appetite within this  administration within the department of Pam  

40:45

Bondi within you know uh the Trump administration  to really do something about about that? Well,  

40:52

I'd like to think we'll get the US attorneys  on side really. Um but we don't need them,  

40:58

you know, because we've got a federal judge  and a federal judge is a Democrat appointment.   He's an elderly Jewish guy. Yeah. Reasonable  fellow. Um and I think he's going to be ang  

41:09

angry at what he was um falsely told. And it  no one we don't get to blame anyone because  

41:15

the prosecutors didn't know. Yeah. The judge  didn't know. They're all innocent. So in the end,  

41:22

we can do all of this in a collegiate way. And  you know, I think we can get to where we need to  

41:28

get to. But we'll have to see. I mean, I've been  wrong before on that. So, I hope I'm not wrong   this time. Okay. I mean, it's it's a really it's  good news if if we say next year possibly. Yeah,  

Aafia’s son Sulaiman

41:38

I think so. Aia will be released. That's great.  Uh, do we know anything about Afia's son, uh,  

41:43

Sol Man, who went missing on the day of abduction?  Well, I've got to I'm going to read you something  

41:48

I just came across in Afal. I've been doing  lots of stuff while I've been away. And this   is this is really just very sad. I came across  a poem she wrote in Erdo. Yeah. You'll have to  

42:01

do the erdo bit, but I'll do the is terrible. So  you Okay, I will do it in English then. And the  

42:07

first three lines are these. You have snatched my  young children from their mother. One you killed,  

42:14

the others you took away from me. For what crime  did you kill a six-month-old baby? That's a poem  

42:22

she was writing. And that's just so sad. Now,  you know, when I first got involved in this,   I thought, poor Sullean's dead, right? sort of  like the Mattie Macccan case here in Britain. Um,  

42:33

you know, almost certainly it must be that poor  Maddie is dead. And it's a very difficult question  

42:39

and I'd be interested in what your listeners and  watchers think. But you got two choices after 22  

42:47

years. Would you rather know your child was dead  and be able to grieve and come to some sort of  

42:55

uh you know not ever resolution but at least  try to deal with it or would you like to cling  

43:02

to that little hope that he's still alive? Which  would you go for? I suppose a second. Right. Well,  

43:09

I I find it's about 50/50 interestingly. Yeah.  more men um go for the hope actually surprisingly  

43:17

in my experience. Um but you know I thought  they're just a bit naive if they think this poor  

43:24

child's still alive until I learned all the other  stuff you know that they really did put Mariam in  

43:31

forcible adoption and only got her back because  the Afghans forced them to otherwise Mariam would  

43:39

still be gone. So and and the Afghans did that.  This was during the American occupation. Yeah.  

43:45

This was in 2010, right? And it was because  Faia met with um Ahmed Kazi in Islamabad,  

43:53

told him the whole sad story. Yeah. And it touched  him and he went back and told the Americans,   you got to turn this girl over. Right. I mean,  there's not very many people who can say positive  

44:03

things about Ham Karazi. That's really pretty.  Well, I met him the other day and I don't have   a lot of positive things to say about him myself,  I'm afraid. But uh but he did that good thing and  

44:14

for that I'm grateful to him. And so when you  learn the details of that you think well maybe  

44:20

you know Sulean it's not easy to just kill a  child right and so maybe Sulean was forcibly  

44:27

adopted too and you know he's in Baltimore or  something. So, what we've done is that we've done  

44:34

AI pictures of him and we we you can go through  them and I'll show them to you, but I don't know  

44:42

if people will see these terribly well, but we  can get close-ups of him. And so, that's what   he would look like if you know a year or two  after he was abducted. That's when he's about  

44:53

eight. That's when he's about 14. That's when  he's 18. And that's what he'd look like today.  

45:00

So, what we're going to do is run a campaign  across America, hopefully with some celebrity  

45:05

support, where we say with this and also with a  lot of Afghan children because I was shocked to  

45:13

discover when I was researching this that in the  last year of the American occupation, 1,450 Afghan  

45:21

children were taken to America with very dubious  legality. So if we run all of this and we're going  

45:28

to hold a conference I hope in Kabul where we get  all the families to come forward who are missing  

45:34

children because they can't get their kids back  right I mean they don't have the money to do that   so we can do it for them and that way we can run  this as a project and some children in America who  

45:46

are adopted and don't know their bi biological  parents if they want to find out they can come  

45:52

forward and then we'll see if we can't match them  and And I hope perhaps we'll find Sulean and that  

45:58

would be wonderful. Um and if we don't that's very  sad but maybe one day uh the authorities will have  

46:06

the courage to be honest about it. Sulleman could  be living with a family in America at this moment  

46:13

and he may be alive and we we just don't we don't  know and you can't you know when you think about  

46:18

the Macs they've struggled for so long and I feel  for them so much. Yeah. Um, but you know, it was  

46:26

me as a parent, I'd be doing the same thing, I  think. Yeah. And so, we can't just leave them   in. I think it's just torture to Afia to tell her  that she's just got to take our word for it that,  

46:39

you know, you can't have him back. You know,  that's just wrong. And how is how are Afia's  

46:45

other children, Ahmed and Maria? Well, you know,  look, I see them every time I go to Pakistan,  

Aafia’s children Traumatised

46:51

and they're still incredibly traumatized. And  they're not just traumatized by what they went  

46:56

through. They're traumatized by the fact that  they've been told if they speak out on this,  

47:02

it'll bring trouble. They've seen the dead bodies  outside the house that have been dumped there. I  

47:08

mean, honestly, I I think the people who do that  have no shame, and it's disgusting. And I always  

47:14

view my job as I don't like bullies. And sometimes  I think the only thing bullies understand is being  

47:21

bullied back. And you know, I'm very privileged  and I can do those sorts of things. And uh it just  

47:28

pisses me off that the authorities are doing that  to these children still. Right. So it's a question  

47:35

I ask you all the time, but what what can we do?  Like where do you need help? Good, good, good,   good. Yes, I can exploit all of you. Don't worry.  Yeah. No, seriously. There's no person who doesn't  

47:46

have a talent that can be put to use. One of  the things I really would like help on is I want  

47:52

interventions in front of this judge from people.  Afia's treatment in Kwell is horrible. We haven't  

47:59

been allowed to get a independent doctor in to  see her. We haven't been allowed to get an imm

48:08

love the guy. he's really a decent fellow and  he lives there and he's willing to go see her  

48:13

and he would be wonderful for her. Um, and they  won't let him in and they won't say why. So,  

48:19

one of the things I want to do for the judge  in New York is have an intervention from both   doctors and imams separately, what's called an  amicus brief where they intervene and they say,  

48:30

you know, we're just a bit shocked  that the prison won't let people in.   And I want as many MMs to join that and as many  doctors or nurses or medical professionals to  

48:42

join us. All of whom they just have to sign  off on a brief that'll be filed, you know,  

48:47

won't cost him anything that just says, you know,  let this poor woman have health care, let her have  

48:53

spiritual solace. Yeah. So anyone who who either  is a medical professional or you know a spiritual  

49:00

person you know imam of some sort or who can help  us get those people signed up would be really  

49:07

helpful. Now beyond that, you know, there's lots  of other, you know, talents that people have. I  

49:14

I'd love some help with our searching for Sullean  project, you know, someone to manage that project,  

49:21

someone who knows how to do AI reconstructions  properly, you know, all those sorts of things.  

49:27

And then there might be some young person out  there because let's face it, I'm about to insult  

49:33

you because you're not as old as me. I'm old  and gray and full of sleep. Yeah. Um that some  

49:40

young people have some great idea involving modern  fake technology that I seriously don't understand.  

49:46

Yeah. That we can do that'll magnify this. This  there we're in the middle of doing a two-part  

49:52

Alazer. Oh um program on it. Okay. They've been  with me to Afghanistan. Not this time the time  

49:59

before. And you know they're into doing a podcast.  They're into doing they really love the searching  

50:04

for Sullean project. So, you know, we use that to  magnify all of this and to change the narrative  

50:10

from some of the nonsense into positive things.  And then what people can also do because people  

50:17

always think they can do nothing but they can is  they can still write to Afia and whatever you do,  

50:24

don't say you pity her, say you're inspired by  her. You send the letters to me through letters  

50:30

for afargmail.com. Mhm. Um, and you know, I can  send them in as legal mail to her and that helps  

50:38

her survive in the nightmare that is Carwell. So,  you know, lots of And if people have other ideas,  

50:44

you're welcome to put my email out there, okay?  Which is um clivestaffordsmith2020@gmail.com

50:52

and you can send me all the things that you  want to help on. And you can always donate to  

50:58

the Afia movement fund because this is expensive.  This trip to Afghanistan was8 or9,000. Really?  

51:06

Yeah. Okay. And how can they how can we donate to  Well, there's the there's a we I can give you a  

51:12

link. Yeah. Yeah. Yeah. I'll send you that. Okay.  Fantastic. So, we can uh we'll get our viewers to  

51:17

write letters to continue to write letters.  I mean, I think the first time we did that,   she got a fair number of letters. Yeah. And it was  good. And you know what? she gets them and they're  

Write letters to Aafia

51:27

they're encouraging her and then when she's being  abused in that prison, she takes your letters  

51:33

and reads them out to the abusers and now that's  cool. So, I'm really pleased for that. Okay. So,  

51:39

uh they're searching for sole man. It seems like  there must be some talented creatives out there in   America. Yeah. Who are able to and they don't have  to be in America. They can do it from here. But we  

How to help?

51:49

do need some people celebrity types who know about  this sort of thing. We need people who know about,  

51:56

you know, forcible adoptions who can help us  with the whole Afghan end of it. Yeah. And so  

52:02

forth. Yeah. Right. So, we just really need as  much help as possible from from people who will  

52:08

be able to to keep this keep this alive. I mean,  look, I I think um um from our side, you know, we  

52:15

we would like to help you as much as possible. And  I, you know, I I know you don't want to hear this,   but it's, you know, it's wonderful what you're  doing live for for Oh, I love doing it. It's uh  

52:26

it really is a, you know, I I feel that I I don't  know. Sometimes I feel that we haven't done enough  

52:33

for a, you know, I'm glad that we've got someone  like you that um coming along to bully you into  

52:39

doing more. You haven't got your Casio watch  on today? No, it's in my jacket pocket because   um because you know the problem with Casios is  that uh they I break them about every seven months  

52:53

I break them and I've got to it just happened  to me two days ago and I've got to get a new   strap. Is there anything else? Perhaps I'm not  planning to build a bomb. You know that that's  

53:04

a link. I mean for those let's keep that as a  cliffhanger for those who who want to know the   rationale behind the connection be behind Casios  and bombs they need to watch a previous show they  

53:14

do don't they they do need to watch that right  so okay apart from that so we we're um we need  

53:20

to galvanize the community but Muslim community  I would imagine in America would be very helpful  

53:26

here um we want everyone to Cly Stafford Smith  thank you so much for your time today my pleasure

53:35

Please remember to subscribe to our social  media and YouTube channels and head over   to our website thinkingmuslim.com  to sign up to my weekly newsletter.


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Ep 267. - Is the Kaaba safe in Saudi Hands? | Omar Abdulaziz