MAY 16, 2011 1:49AM

Sayaf Mansur Mahsud's defamation suit is a 'Krak of s**t'

There is no lawsuit by Sayaf Mansur Khan Mahsud.

It appears to be a publicity stunt, orchestrated by Jon Krakauer, who, according to Mahsud himself on the "dailybeast" website, called him the month before his e-book "TCD," to encourage him to sue Greg Mortenson for defamation. It also appears that Mahsud timed his announcement to coincide with Krakauer's manifesto, making his announcement the next day.

http://www.thedailybeast.com/blogs-and-stories/2011-04-18/mansur-khan-mahsud-greg-mortenson-is-a-liar/ #

"Not surprisingly Mahsud, a researcher and expert on the Federally Administered Tribal Areas, or FATA, as the lawless tribal lands are officially called, was shocked and outraged when he received a phone call recently from the Into Thin Air author Jon Krakauer, informing him that Mortenson had described his Waziristan experience in his books as a kidnapping. ... “His chapter about Waziristan in his bookThree Cups of Tea is nothing but lies from A to Z. Not a word of this is true,” says Mahsud. “He has defamed and slandered my family."

Not according to McKenzie Funk, an award-winning journalist for Mother Jones  and Harper's Magazines.  In the comments on the CBS blog regarding the story, Funk wrote:

"60 Minutes: I'm very surprised that you didn't include this background on Naimat Gul Mahsud, uncle of the "research director of a respected think tank in Islamabad," whom you trot out as a star witness in debunking Mortenson's kidnapping story. Maybe you have your reasons, but can you explain why you believe a con artist and fugitive over Mortenson, especially when Mahsud apparently WAS involved in some sort of kidnapping scheme?"

 http://www.cbsnews.com/8618-504146_162-7363068.html?assetTypeId=58&messageId=10669258

McKenzie Funk's source, "says Hussein Mohammed (a pseudonym employed for the safety of the source) who claims to have known Mahsud Uncle, Naimat Gul(l)" who

brought Mortenson to the village of Kot Langer Khel in Pakistan, with the intention of either kidnapping him, or exhortation to get money.  McKenzie's states,"According to Mohammed, Naimat Gul has a long history of thievery, extortion, and counterfeiting. He was sentenced to life in prison for kidnapping a girl, but escaped from jail a year or two before meeting Mortenson, and has been on the lam ever since."

Mahsud himself, in the "DailyBeast" article said, the area is known for "criminal gangs and kidnappers who prey on the unwary," and thus Mortenson had every reason to believe his life was in danger, as he has continued to assert throughout the weeks of allegations made by Krakauer.

Mahsud has not denied nor rebutted Mortenson's claim that his passport and money were taken from him.  Mortenson was not free to leave if he did not have his passport, any one who travels abroad frequently does not give it up to anyone not in authority, and legitimate authorities return it in a timely manner, not after 8 days. My claim that Krakauer is behind the law suit besides the well-timed "telephone tip" comes from Mansur Mahsud himself, in his response to McKenzie Funk's comments. It appears he copied and pasted an email from or to Jon Krakauer. He wrote:

"Jon Naimat Gull is my Uncle and a respectable tribal elder in Ladha South Waziristan Agency...

"Jon as you know South… Wazirstan is a tribal Agency of FATA and Pakistani government writ is nominal there.

What that looks like is he sent his response to Krakauer first for editing, who sent it back, and Mahsud copied the result into the blog post.

Neither Mansur Khan Mahsud, nor his family has been defamed.  To prove it he has to show he has suffered a loss of face or respect in his community (he has made no claim to that effect), he has to prove this defamation has cost him a loss of reputation or work--quite the opposite, he has gained world-wide notoriety which no doubt will help is "independent research" in the Middle-East, and he has suffered no injury physical or financial.

Beyond that is the practical legalities in filing a law suit.  He has to file in Gallatin County (where Mortenson resides) which he has not, and who is going to pay the legal costs?  According to the Legal Project.org:

 http://www.legal-project.org/issues/us-libel-law

"Still, the high costs of defending libel suits, even ones that are ultimately dismissed, mean they remain a viable strategy for chilling dissent. Thus, in the 1980's, developers and utility companies used these suits to silence determined but ill funded opposition from environmentalists and community groups. Since then, legal costs have skyrocketed. It is estimated that exclusive of damages, the average costs of defending a libel suit today exceeds $500,000. 

Everyone ran the defamation story except for The New York Times. Apparently it didn't meet their policy of having a minimum of two independent sources confirming a story before they run with it. 

UPDATE: DEC 08, 2011 

Sayaf Mansur Mahsud now claims his uncle is dead according to an email he sent me on Dec. 7.  If that were true, where are the photos of the body, the funeral, the grave?  There are none, he is not dead, just hiding.

 "I tell you. Where has Naimat Gul been settled. He is in Waziristan beneath the soil in two yards semetry. You are Welcome to the burning land of Waziristan. Catch him if you can with all your resources and sympathizers." - Sayif Mansur

Mansur also called me “You old red cow”, in poor English, which I edited and returned to him. This calls into question who is writing his copy? Or who was emailing me saying they were him? Whoever it was has only a basic grasp on written English, certainly no world-class journalist as 60 Minutes claimed.

Additionally, I wrote “Greg Mortenson is in Pakistan because men like you won't educate your own women and children.  I might be a cow, but your are a barbarian in bed with a liar.  We have another saying, "You've made your bed, now sleep in it."  Ask Jon what that means, too. 

 

 He does not have that level of English, but he has one friend who is fluent.

 

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