U.S. Was Foiled Multiple Times in Efforts To Capture Bin Laden or Have Him Killed

During the next several weeks, Erwa raised the stakes. The Sudanese security services, he said, would happily keep close watch on bin Laden for the United States. But if that would not suffice, the government was prepared to place him in custody and hand him over, though to whom was ambiguous. In one formulation, Erwa said Sudan would consider any legitimate proffer of criminal charges against the accused terrorist. Saudi Arabia, he said, was the most logical destination.

Susan Rice, then senior director for Africa on the NSC, remembers being intrigued with but deeply skeptical of the Sudanese offer. And unlike Berger and Simon, she argued that mere expulsion from Sudan was not enough.

"We wanted them to hand him over to a responsible external authority," she said. "We didn't want them to just let him disappear into the ether."

Lake and Secretary of State Warren Christopher were briefed, colleagues said, on efforts launched to persuade the Saudi government to take bin Laden.

The Saudi idea had some logic, since bin Laden had issued a fatwa, or religious edict, denouncing the ruling House of Saud as corrupt. Riyadh had expelled bin Laden in 1991 and stripped him of his citizenship in 1994, but it wanted no part in jailing or executing him.

Clinton administration officials recalled that the Saudis feared a backlash from the fundamentalist opponents of the regime. Though regarded as a black sheep, bin Laden was nonetheless an heir to one of Saudi Arabia's most influential families. One diplomat familiar with the talks said there was another reason: The Riyadh government was offended that the Sudanese would go to the Americans with the offer.

Some U.S. diplomats said the White House did not press the Saudis very hard. There were many conflicting priorities in the Middle East, notably an intensive effort to save the interim government of Prime Minister Shimon Peres in Israel, which was reeling under its worst spate of Hamas suicide bombings. U.S. military forces also relied heavily on Saudi forward basing to enforce the southern "no fly zone" in Iraq.

Resigned to bin Laden's departure from Sudan, some officials raised the possibility of shooting down his chartered aircraft, but the idea was never seriously pursued because bin Laden had not been linked to a dead American, and it was inconceivable that Clinton would sign the "lethal finding" necessary under the circumstances.

"In the end they said, 'Just ask him to leave the country. Just don't let him go to Somalia,' " Erwa, the Sudanese general, said in an interview. "We said he will go to Afghanistan, and they said, 'Let him.' "

On May 15, 1996, Foreign Minister Taha sent a fax to Carney in Nairobi, giving up on the transfer of custody. His government had asked bin Laden to vacate the country, Taha wrote, and he would be free to go.

Carney faxed back a question: Would bin Laden retain control of the millions of dollars in assets he had built up in Sudan?

Taha gave no reply before bin Laden chartered a plane three days later for his trip to Afghanistan. Subsequent analysis by U.S. intelligence suggests that bin Laden managed to draw down and redirect the Sudanese assets from his new redoubt in Afghanistan.

From the Sudanese point of view, the failed effort to take custody of bin Laden resulted primarily from the Clinton administration's divisions on how to relate to the Khartoum government -- divisions that remain today as President Bush considers what to do with nations with a history of support for terrorist groups.

Washington, Erwa said, never could decide whether to strike out at Khartoum or demand its help.

"I think," he said, "they wanted to do both."