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October 17, 2002, 10:20 a.m.
The Fifth Hijacking that Wasn’t
Why America needs a better Consular Affairs nominee.

ecent news reports about Ramzi bin al-Shibh demonstrate the importance of temporary travel visas in al Qaeda's plans — reiterating why the State Department position responsible for visa policy is such a vital post. And the more the Senate realizes how crucial strict visa procedures are in defending our national security, the further out of favor the nomination of Maura Harty as Consular Affairs chief falls.



  

The reason Harty's nomination has become so controversial — at least one senator currently has a "hold" on her nomination, blocking her from speedy approval — is that senators are finally beginning to realize that existing visa policy alone threatens national security. Recent reports that Ramzi bin al-Shibh, arrested in Pakistan last month, wasn't able to lead a 5th 9/11 hijacking because he couldn't get a visa underscore that visas are the preferred method of entry into the United States for al Qaeda.

Bin al-Shibh went 0-for-4 in attempting to get a visa from consular officers in Germany and his native Yemen. It was a good thing he didn't think to go to Saudi Arabia, where the 9/11 Saudi terrorists got their visas with ease — rubberstamped by consular officers, despite obvious problems (experts have deemed their issuance "criminal negligence"). The consular officials, however, were just doing what their superiors told them to do.

Over the past decade, Consular Affairs (CA), the agency within the State Department that controls visa issuance as well as embassies and consulates, implemented a "courtesy culture." Although temporary visas in some countries remained elusive, foreigners in many countries, most notably Saudi Arabia, found it remarkably easy to get a free pass into the United States.

Although Mary Ryan, the head of CA from 1993 until this July, was the original architect of the "courtesy culture," Harty played a key role in drafting many of the policies that made it so easy for Saudis and others to get into this country in the first place. After 9/11, when Congress moved to plug some of the gaping loopholes in our border security, it was Harty who spearheaded the lobbying assault — which was mostly successful — to protect State's reckless policies from legislative "interference."

Mary Ryan was forced to "retire" this summer from her post as head of CA because of the bad press resulting from Visa Express, the program where all Saudi residents submitted their visa applications to private Saudi travel agents. But Ms. Ryan only tendered her resignation as promptly as she did on the condition that Harty be named as her successor. Secretary of State Colin Powell agreed, even though Harty clearly is not the type of person who will clean house at CA, let alone undo the damage wrought by Ms. Ryan's — and her own — reign.

Because Harty is close to Powell — she runs his executive office — the White House decided to throw Powell a bone, despite its own reservations about her. The White House figured that it wasn't a position worth fighting Powell on. Post-9/11, however, that calculation couldn't be more wrong.

Consular Affairs has long been under the political radar, mainly because it was seen as unimportant in directing foreign policy. But now CA serves a far more important interest than setting policy: Keeping out terrorists.

Being a hard-nosed head of CA is not easy, though. Denying visas is always a headache for diplomats. Top officials at State are known for pressuring CA to grant visas that shouldn't legally be issued. Backbone is essential to withstand such strong-arming — and according to people who have worked with her, Harty just doesn't have that kind of fortitude.

Aside from what former subordinates and colleagues say about Harty's leadership style, she has already had a chance to show a willingness to stand up to intense diplomatic pressure and produce results. She failed.

While heading up the Office of Children's Issues (OCI), the division within CA that is responsible for ensuring the safe return of abducted American children from foreign lands, Harty managed to bring back only a tiny fraction of the children held hostage overseas.

The American parents of kidnapped children complain that Harty was more concerned with "bilateral relations" with foreign governments than with returning the kids to freedom in America. "Her priorities were not to bring back kidnapped U.S. children from foreign countries but to maintain the State Department policies of remaining 'neutral' and 'impartial,'" notes Patricia Roush, whose two daughters Alia and Aisha were abducted to Saudi Arabia by their Saudi father in 1986.

Maureen Dabbagh, whose daughter, Nadia, was abducted and taken to Syria and then Saudi Arabia in 1993 by her Syrian father, is even more blunt: "My child is not home because of Maura Harty."

If Harty was unable or unwilling — or both — to forgo diplomatic niceties in an aggressive effort to rescue kidnapped American kids, does it really make sense that she would forcefully dismantle the "courtesy culture" she helped build?

Americans need to have someone who will place our safety ahead of "bilateral relations." Otherwise, the visa difficulties of bin al-Shibh will remain the exception rather than the rule.

— Joel Mowbray is an NRO contributor and a Townhall.com columnist.

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