http://www.newyorker.com/online/blogs/n ... laden.html
The initial circumstantial evidence suggests that the opposite is more likely—that bin Laden was effectively being housed under Pakistani state control. Pakistan will deny this, it seems safe to predict, and perhaps no convincing evidence will ever surface to prove the case. If I were a prosecutor at the United States Department of Justice, however, I would be tempted to call a grand jury. Who owned the land on which the house was constructed? How was the land acquired, and from whom? Who designed the house, which seems to have been purpose-built to secure bin Laden? Who was the general contractor? Who installed the security systems? Who worked there? Are there witnesses who will now testify as to who visited the house, how often, and for what purpose? These questions are not relevant only to the full realization of justice for the victims of September 11th.
Outside the Justice Department, other sections of the United States government will probably underplay any evidence of culpability by the Pakistani state or sections of the state, such as its intelligence service, I.S.I., in sheltering bin Laden. As ever, there are many other fish to fry in Islamabad and at the Army headquarters, in nearby Rawalpindi: an exit strategy from Afghanistan, which requires the greatest possible degree of coöperation from Pakistan that can be attained at a reasonable price; nuclear stability; and so on.
Pakistan’s military and intelligence service takes risks that others would not dare take because Pakistan’s generals believe that their nuclear deterrent keeps them safe from regime change of the sort under way in Libya, and because they have discovered over the years that the rest of the world sees them as too big to fail. Unfortunately, they probably are correct in their analysis; some countries, like some investment banks, do pose systemic risks so great that they are too big to fail, and Pakistan is currently the A.I.G. of nation-states. But that should not stop American prosecutors from following the law here as they would whenever any mass killer’s hideout is discovered.
Of course, Mullah Omar and Al Qaeda’s No. 2, Ayman al-Zawahiri, probably also enjoy refuge in Pakistan. The location of Mullah Omar, in particular, is believed by American officials to be well known to some Pakistani military and intelligence officers; Omar, too, they believe, is effectively under Pakistani state control. Perhaps the circumstantial evidence in the bin Laden case is misleading; only a transparent, thorough investigation by Pakistani authorities into how such a fugitive could have lived so long under the military’s nose without detection would establish otherwise. That sort of transparent investigation is unlikely to take place.
