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U.S. Officials Failed to Protect Slain Civilian (Nick Berg), Family Says
New York Times ^ | May 13, 04 | James Risen

Posted on 05/12/2004 9:56:32 PM PDT by churchillbuff

The family of Nicholas E. Berg challenged American military officials on Wednesday, insisting that the man beheaded by Islamic terrorists in Iraq had earlier been in the custody of federal officials who should have done more to protect him.

Mr. Berg's brother, David, emerged from the family's split-level house in this Philadelphia suburb with a four-page e-mail message that he said his younger brother, Nicholas, had sent hours after being freed on April 6 from a jail in Mosul, Iraq.

The Iraqi police took Nicholas Berg, 26, into custody on March 24 and held him in a jail that he described in the message as managed by Iraqis with oversight from United States Military Police forces. He wrote that federal agents had questioned his reasons for being in Iraq, whether he had ever built a pipe bomb or had been in Iran.

"They can detain him and deny him his basic civil rights of a lawyer, a phone call or even a charge for 13 days, but they can't get him" on a plane, David Berg said.

Apparently in a response to the accusations that the actions of the military in Iraq exposed their son to worsening danger, the F.B.I. released a statement saying that Nicholas Berg had not heeded warnings and that he had declined assistance in leaving Iraq.

The conflicting accounts continued to swirl around Mr. Berg's detention and release. In Baghdad, a senior adviser for the Coalition Provisional Authority, Dan Senor, repeated that Mr. Berg had never been in military custody.

"My understanding," Mr. Senor said of the Iraqi police, "is that they suspected that he was involved/engaged in suspicious activities. U.S. authorities were notified. The F.B.I. visited with Mr. Berg on three occasions when he was in Iraqi police detention and determined that he was not involved with any criminal or terrorist activities. Mr. Berg was released on April 6, and it is my understanding he was advised to leave the country."

That position prompted the family's decision to read Mr. Berg's e-mail message to The New York Times. In it, he described the presence of American military police officers, as well as the federal agents' visits, to the Mosul jail.

"The Iraqi police is mentioned frequently, which is, of course, absurd, because there is no Iraqi government right now," David Berg said. "And if you think about it, to be detained by the Iraqi police without the U.S. government's knowing would be tantamount to kidnapping."

Officials did acknowledge the presence of the military police at the jail but said their sole function was to "monitor his treatment."

To the family, the oversight question is paramount because they say not only that his detention was unlawful, but also that it further threatened his safety. The Bergs have said the detention prevented him from leaving Iraq before the violence grew in Baghdad and Falluja.

The F.B.I. statement, though, said that coalition authorities had offered "to facilitate his safe passage out of Iraq," but that Mr. Berg refused their help.

Recalling his brother's independent personality, David Berg said such a refusal would not surprise his family, although he said he had no way of knowing whether Nicholas Berg had declined help. He had traveled to Iraq, in part, to generate business for his fledgling telecommunications company, which specializes in servicing radio towers. After an earlier visit, Mr. Berg returned to Iraq on March 14.

In the message dated April 6, addressed to his parents, brother and sister, Mr. Berg described the 13 days that he spent in the Shirdta Iraqiyah station near Mosul, an Iraqi detention center where, he said, the United States Military Police supervised and trained the Iraqi officers.

"The M.P.'s were a little surprised to see an American in civilian clothing, and I think out of formality and boredom they decided to do a background check, which involved C.I.D.," he wrote, referring to the Army Criminal Investigation Division.

The next morning, Mr. Berg described F.B.I. agents' questioning as amicable, but pointed. Among the questions asked, he wrote, were: "Why was I in Iraq? Did I ever make a pipe bomb? Why was I in Iran?"

He conjectured that their questions arose from some Farsi literature and a book about Iran that he had. Mr. Berg wrote that after four days he was transferred to a cellblock that included prisoners charged with petty offenses and suspected "war criminals."

"Word had spread due to the presence of certain items amongst my stuff that I was Israeli," Mr. Berg wrote. "So I felt a bit like Arlo Guthrie walking into a jail full of mother rapers and father stabbers as an accused litterbug."

The American military police, in fact, "were pretty stand-up," he wrote. "They heard the chants of Yehudien, Israelein, and told the I.P. prison staff to put me in my own cell."

"I did get on much friendlier terms with the other prisoners after they discovered I could speak a little Arabic and verified I didn't have horns or anything," Mr. Berg said.

He described the conditions for other prisoners and their treatment, depending sometimes on nationality. The others, he wrote, were behind closed cell doors and had no time outdoors. Some prisoners, considered political or suspected war criminals from India, Pakistan, Afghanistan and Iran "had been in custody for 40 days without a single interpreter interrogation, just waiting as they still do today, and the Iraqi guards treat these poor fellows — especially the Hindis among them — as real dogs.'

Mr. Berg was released on April 6, a day after his family filed a suit against the United States government seeking to have him freed.

"I hope to catch an opening on the next available Royal Jordanian flight out of Amman this Thursday as long as my ticket is still transferable," he wrote in the message. "Dad, Mom I will e-mail or call you with exact itinerary as soon as I have it."

He was seen by friends immediately after leaving the jail. In Baghdad, one friend, Andrew Robert Duke, who stayed at Al Fanar Tower Hotel, where he met Mr. Berg last month, recalled how much he was anticipating returning home when they had their last beer together on April 9.

"We talked about how he was looking forward to having children with a woman that he had not discovered yet," Mr. Duke, 49, said. "But with the money he was going to make here, he would be able to afford a family."

The men sat at a round glass-top coffee table on the sixth floor of the hotel. Mr. Berg told Mr. Duke that he was planning to go on a holiday to Turkey and maybe do some sailing. They finished their drinks, and Mr. Berg rose to go.

"I walked him to my door," Mr. Duke said. "Watched him open his door. I said: `Good luck, my friend. Stay in touch.' He said, `I am looking forward to it.' "

Mr. Berg was often seen socializing in the dining room or at the computers next to the lobby. Of muscular build, he often wore a baseball cap, a T-shirt cut off at the shoulders and tattered blue jeans.

"He came and went by himself," said a hotel office manager who gave first name as Ahmed.

The hotel staff cleared out his room, 602, and stowed a set of weights that Mr. Berg had left.

Red-haired and charming, he was described as friendly with workers and guests, chatting about subjects like Aerosmith and Philadelphia museums.

"He never talked about the war or said anything bad about Iraqis," Hugo Infante, a Chilean who works for United Press International, said.

"Just yesterday we realized he was killed," Mr. Infante said. "I saw his name on the Web site. When I saw the name, I said it was not possible it is Nick. Then I saw the face. He looked skinnier and paler."

Mr. Berg's friends and acquaintances at the hotel said he was working on communications towers for some Baghdad hotels. Mr. Infante said he last saw Mr. Berg on April 10, writing an e-mail message to his family. "I saw him there," he said, gesturing to the Internet cafe. "I said, `Hello, how are you?'

"And he said, `I want to go home.' "


TOPICS: Foreign Affairs; Front Page News
KEYWORDS: iraq; muslims; nickberg
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1 posted on 05/12/2004 9:56:34 PM PDT by churchillbuff
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Oh what the hell... THEY TOLD HIM TO GO HOME BUT HE DIDN'T WANT TO.
2 posted on 05/12/2004 9:58:56 PM PDT by oolatec
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To: churchillbuff
Berg's parents are so egocentric as to be an embarrassment. They seem to think it is all about them. They seem to think that the only misjudgments were made by those other than their son. Pathetic.
3 posted on 05/12/2004 10:00:56 PM PDT by Torie
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To: churchillbuff
Oh for cryin' out loud! The courts have determined that the government has no responsibility to protect its own citizens on its own soil...but this sorry thing is Bush's fault?!

Clue-by-Four time! It's the Muslim Terrorists who did the killing. If anyone needs to blame someone, then blame them.

4 posted on 05/12/2004 10:02:36 PM PDT by Prime Choice (I'd question John Kerry's patriotism if I thought for a moment he had any...)
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To: churchillbuff
Nothing on the Fathers affiliations.

He is making very serious charges and no effort for discloser is made.
5 posted on 05/12/2004 10:02:46 PM PDT by CyberCowboy777 (Veritas vos liberabit)
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To: churchillbuff
Curiouser and curiouser.
6 posted on 05/12/2004 10:03:31 PM PDT by jocon307 (The dems don't get it, the American people do.)
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To: oolatec
Thats the problem with their attorney's - *coughs* - I mean their story. He was there without permission.

Its the same legal eagle mentality that says I'm financially responsible for the injuries suffered by a criminal who breaks into a dock clearly signed: "Warning - Do Not Enter - Not Safe"
7 posted on 05/12/2004 10:04:13 PM PDT by Fenris6
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To: Fenris6
I heard the Military said they would fly him out, He refused. I heard that a couple times today.
8 posted on 05/12/2004 10:07:24 PM PDT by Brimack34
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To: churchillbuff
The family of Nicholas Berg deserves a free pass for whatever they may say during this time of the most profound and immense grief anyone can possibly imagine.

The media and those on the left who would seek to politicize how the Berg family reacts in the depths of their fury and trauma deserve no such free pass.
9 posted on 05/12/2004 10:08:43 PM PDT by lonevoice (Some things have to be believed to be seen)
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To: Torie
They smell the money. Here come the book deals, the media tour, the civil lawsuit, the Oprah cryfest, the Larry King call screening, the Fox News boycott, the campaign commercials -ala James Byrd, the onstage appearance with John Kerry, the politicized memorial service, the democrat overreaching, THE BUSH VICTORY IN SPITE OF THESE IDIOTS.
10 posted on 05/12/2004 10:09:41 PM PDT by Pukin Dog (Sans Reproache)
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To: lonevoice
NO! No free pass. The country is more important than the feelings of the Berg Family. Were they the least bit patriotic, they would understand who is the enemy, who killed their son, and who is going to protect their American asses from terrorism.
11 posted on 05/12/2004 10:11:39 PM PDT by Pukin Dog (Sans Reproache)
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To: Pukin Dog
Agreed. Their son knew it was dangerous, but he went to help the Iraqis anyway. If his parents respected their son, they would not disgrace him this way.
12 posted on 05/12/2004 10:13:40 PM PDT by TheDon (The Democratic Party is the party of TREASON)
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To: Pukin Dog
"They smell the money. Here come the book deals, the media tour, the civil lawsuit, the Oprah cryfest, the Larry King call screening, the Fox News boycott, the campaign commercials -ala James Byrd, the onstage appearance with John Kerry, the politicized memorial service, the democrat overreaching,..."

...and a dead son. How wonderful for them.

13 posted on 05/12/2004 10:14:18 PM PDT by hollywood (Stay on topic, please.)
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To: oolatec
Offered him a plane ride even.
14 posted on 05/12/2004 10:15:32 PM PDT by Howlin
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To: TheDon
I've never met a liberal who cared more for their children than for their own opinion.
15 posted on 05/12/2004 10:16:04 PM PDT by Pukin Dog (Sans Reproache)
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To: churchillbuff
NICK BERG's dad signed INTERNATIONAL A.N.S.W.E.R petition about Israel Palestinian conflict and he's jewish, what a moron. Is he going to put up a nazi flag next.
16 posted on 05/12/2004 10:16:25 PM PDT by TheEaglehasLanded
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To: hollywood
...and a dead son. How wonderful for them.

Tell it to the killers, sister.

17 posted on 05/12/2004 10:17:00 PM PDT by Pukin Dog (Sans Reproache)
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To: Torie
federal officials who should have done more to protect him.

Like what?

I saw a guy on MSNBC today who Berg asked to go with him; he said that his family didn't want him to go.

Now, if his own family can't keep him from going, why is it the United States government's duty to get him home?

18 posted on 05/12/2004 10:17:41 PM PDT by Howlin
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To: lonevoice
No they do mot!
19 posted on 05/12/2004 10:18:30 PM PDT by patriciamary
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To: Howlin
I think I have enough now for part II. I'm so pissed off I can barely keep from slapping my neighbor.
20 posted on 05/12/2004 10:19:04 PM PDT by Pukin Dog (Sans Reproache)
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