Into Thin Air

Rumsfeld's foot-stamping was rewarded. By mid-October, CIA case officers and Army, Navy, and Air Force Special Operations units were working together in unusual harmony, using high-tech air support and, at one point, mounting what Rumsfeld gleefully called "the first cavalry charge of the 21st century" to kill, capture or chase away thousands of jihadists. The Taliban fled for the hills. Bin Laden, it seemed, would be cornered. Indeed, on Dec. 15, CIA operatives listening on a captured jihadist radio could hear bin Laden himself say "Forgive me" to his followers, pinned down in their mountain caves near Tora Bora.

As it happened, however, the hunt for bin Laden was unraveling on the very same day. As recalled by Gary Berntsen, the CIA officer in charge of the covert team working with the Northern Alliance, code-named Jawbreaker, the military refused his pleas for 800 Army Rangers to cut off bin Laden's escape. Maj. Gen. Dell Dailey, the Special Ops commander sent out by Central Command, told Berntsen he was doing an "excellent job," but that putting in ground troops might offend America's Afghan allies. "I don't give a damn about offending our allies!" Berntsen yelled, according to his 2005 book, "Jawbreaker." "I only care about eliminating Al Qaeda and delivering bin Laden's head in a box!" (Dailey, now the State Department's counterterror chief, told NEWSWEEK that he did not want to discuss the incident, except to say that Berntsen's story is "unsubstantiated.")

Berntsen went to Crumpton, his boss at the CIA, who described to NEWSWEEK his frantic efforts to appeal to higher authority. Crumpton called CENTCOM's commander, Gen. Tommy Franks. It would take "weeks" to mobilize a force, Franks responded, and the harsh, snowy terrain was too difficult and the odds of getting bin Laden not worth the risk. Frustrated, Crumpton went to the White House and rolled out maps of the Pakistani-Afghan border on a small conference table. President Bush wanted to know if the Pakistanis could sweep up Al Qaeda on the other side. "No, sir," Crumpton responded. (Vice President Dick Cheney did not say a word, Crumpton recalled.) The meeting was inconclusive. Franks, who declined to comment, has written in his memoirs that he decided, along with Rumsfeld, that to send troops into the mountains would risk repeating the mistake of the Soviets, who were trapped and routed by jihadist guerrilla fighters in the 1980s (helped out, it should be recalled, with Stinger missiles provided by the CIA).

To catch bin Laden, the CIA was left to lean on local tribesmen, a slender reed. NEWSWEEK recently interviewed two of the three tribal chiefs involved in the operation, Hajji Zahir and Hajji Zaman. They claimed that the CIA overly relied on the third chieftain, Hazrat Ali—and that Ali was paid off (to the tune of $6 million) by Al Qaeda to let bin Laden slip away. Ali could not be reached for comment. But Crumpton, who admits that he has no hard evidence, told NEWSWEEK he is "confident" that a payoff allowed Al Qaeda to escape. Unsure which side would win, some tribesmen apparently hedged by taking money from both sides.

Bin Laden was not so much seeking refuge as coming home when he disappeared into the jagged peaks along the frontier of northwest Pakistan. He had always liked hunting and horseback riding in the mountains, and had even built himself a crude swimming pool with a spectacular view near Tora Bora. Though a wealthy Saudi, bin Laden had long since learned to live close to the ground, abjuring his followers to learn to survive without modern comforts like plumbing or air conditioning.

Local Pashtun tribesmen were not about to turn bin Laden in for a reward, even a $25 million one. The strictly observed custom of defending guests, part of an ancient honor code called Pashtunwali, insulated Al Qaeda. The Pakistan central government could do little to crack this social system. The wilds of the Federally Administered Tribal Area (FATA) have been virtually ungovernable for centuries. The British Raj failed, and the Pakistan government never tried very hard, leaving administration up to federally appointed tribal agents and law enforcement in the hands of a local constabulary of dubious loyalty. In the 1980s, during the insurrection against Soviet rule in Afghanistan, the tribal agencies were a kind of staging area for jihadists like bin Laden. Saudi money built hundreds of madrassas—fundamentalist schools that radicalized local youth—and Pakistani intelligence (the ISI) formed alliances with the jihadists to subvert the Soviet-backed Afghan regime.