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For James Foley’s Family, U.S. Policy Offered No Hope For James Foley’s Family, U.S. Policy Offered No Hope
(35 minutes later)
The email appeared in Michael Foley’s inbox a year after his brother James disappeared on a reporting trip in northern Syria. It made clear that the people holding him wanted one thing above all else: money.The email appeared in Michael Foley’s inbox a year after his brother James disappeared on a reporting trip in northern Syria. It made clear that the people holding him wanted one thing above all else: money.
Cautiously hopeful, Michael Foley and his parents, John and Diane, turned over the email to the agent from the Federal Bureau of Investigation assigned to their case. The agent provided general guidance but also some stern warnings: The United States would never trade prisoners for hostages, nor would it under any circumstances pay ransom. Moreover, the government told the Foleys that it was a crime for private citizens to pay off terrorists.Cautiously hopeful, Michael Foley and his parents, John and Diane, turned over the email to the agent from the Federal Bureau of Investigation assigned to their case. The agent provided general guidance but also some stern warnings: The United States would never trade prisoners for hostages, nor would it under any circumstances pay ransom. Moreover, the government told the Foleys that it was a crime for private citizens to pay off terrorists.
More important, in retrospect, was what the F.B.I. did not tell the family: Mr. Foley was being held alongside a dozen Europeans, whose countries have a history of paying ransoms.More important, in retrospect, was what the F.B.I. did not tell the family: Mr. Foley was being held alongside a dozen Europeans, whose countries have a history of paying ransoms.
Mostly, the government offered sympathy but little active support, the family and their advisers said, leaving them overwhelmed and unsure of what to do.Mostly, the government offered sympathy but little active support, the family and their advisers said, leaving them overwhelmed and unsure of what to do.
Guided by its strict no-ransom policy, the United States government’s hands-off approach was vastly different from the tack taken by European countries, which quickly negotiated the release of their citizens in exchange for cash.Guided by its strict no-ransom policy, the United States government’s hands-off approach was vastly different from the tack taken by European countries, which quickly negotiated the release of their citizens in exchange for cash.
This greatly frustrated the family of Mr. Foley, 40, a freelance journalist, and the other American hostages, who were desperate for Washington to take stronger action, according to interviews with two dozen people, including members of Mr. Foley’s family, witnesses to his time in captivity, his colleagues and a network of consultants who tried to win his release.This greatly frustrated the family of Mr. Foley, 40, a freelance journalist, and the other American hostages, who were desperate for Washington to take stronger action, according to interviews with two dozen people, including members of Mr. Foley’s family, witnesses to his time in captivity, his colleagues and a network of consultants who tried to win his release.
“The F.B.I. didn’t help us much — let’s face it,” Diane Foley said in a telephone interview. “Our government was very clear that no ransom was going to be paid, or should be paid,” she said. “It was horrible — and continues to be horrible. You are between a rock and a hard place.”“The F.B.I. didn’t help us much — let’s face it,” Diane Foley said in a telephone interview. “Our government was very clear that no ransom was going to be paid, or should be paid,” she said. “It was horrible — and continues to be horrible. You are between a rock and a hard place.”
For much of their captivity, the administration appears to have treated the hostages as unfortunate but relatively routine cases of Americans falling into the hands of extremists. Europeans, by contrast, treated the kidnappings as national security crises. For much of the hostages’ captivity, the administration appears to have treated the abductions as unfortunate but relatively routine cases of Americans falling into the hands of extremists. Europeans, by contrast, treated the kidnappings as national security crises.
That placed the Foleys in the middle of global debate about how to deal with terrorist kidnappings, with European countries and the United States taking opposite sides on an agonizing choice about whether to pay ransoms.  That placed the Foleys in the middle of a global debate about how to deal with terrorist kidnappings, with European countries and the United States taking opposite sides on an agonizing choice about whether to pay ransoms. 
In hindsight the family criticisms echo broader concerns that the administration did not foresee how the Islamic State in Iraq and Syria could become a major threat. In hindsight, the family criticisms echo broader concerns that the administration did not foresee how the Islamic State in Iraq and Syria could become a major threat.
There is little indication that the administration anticipated how Mr. Foley and other American hostages could turn into grisly ISIS propaganda, increasing pressure on the United States to begin what may become another extended military engagement in the Middle East. There is little indication that the administration anticipated how Mr. Foley and other American hostages could turn into grisly propaganda by ISIS, increasing pressure on the United States to begin what may become another extended military engagement in the Middle East.
A senior law enforcement official said that the F.B.I. agents spoke to the Foleys “each and every day,” and that a three-member team was assigned to the family. But they were limited by what they could share both because much of the information was classified, and because they did not want to cause further emotional strain. A senior law enforcement official said that the F.B.I. agents spoke to the Foleys “each and every day,” and that a three-member team was assigned to the family. But they were limited by what they could share, both because much of the information was classified and because they did not want to cause further emotional strain.
“We cannot — and do not — want to give the families every single lead because some turn up to be dry holes, and we want to minimize the yo-yo effect,” said the official, who requested anonymity because he did not want to be seen as critical of a grieving mother.“We cannot — and do not — want to give the families every single lead because some turn up to be dry holes, and we want to minimize the yo-yo effect,” said the official, who requested anonymity because he did not want to be seen as critical of a grieving mother.
Administration officials have defended their response to the hostage crisis, saying that the government mounted a risky raid in July, using American troops to try to free the captives, though the mission was not successful. Administration officials have defended their response to the hostage crisis, saying that the government mounted a risky raid in July, using American troops to try to free the captives, though the mission was not successful. 
After that first email last November, the captors followed up with a demand for 100 million euros ($130 million) in ransom and the release of unspecified Muslim prisoners. Then, silence.After that first email last November, the captors followed up with a demand for 100 million euros ($130 million) in ransom and the release of unspecified Muslim prisoners. Then, silence.
Eight months later, Ms. Foley would next see her son in a video showing him kneeling in the sand, an executioner’s knife at his neck.Eight months later, Ms. Foley would next see her son in a video showing him kneeling in the sand, an executioner’s knife at his neck.
America and Britain are among the only countries that abide by a zero-concession policy, refusing to accede to terrorists’ demands, arguing that doing so encourages more kidnapping. By contrast, European countries have repeatedly paid to free their citizens, despite signing numerous declarations vowing not to, prompting condemnation from former American officials and analysts. The United States and Britain are among the only countries that abide by a zero-concession policy, refusing to accede to terrorists’ demands, arguing that doing so encourages more kidnapping. By contrast, European countries have repeatedly paid to free their citizens, despite signing numerous declarations vowing not to, prompting condemnation from former American officials and analysts.
“What is hard to prove is how many Americans have not been kidnapped as a result of the fact that the enemy knows they will not get a penny from us,” said Gen. John R. Allen, who recently retired as the top commander in Afghanistan. “In the aftermath of this horrific event it makes it hard to explain this policy. But the fact that there are Americans in the region who were never taken because they knew there was no advantage to doing so needs to be factored in.”“What is hard to prove is how many Americans have not been kidnapped as a result of the fact that the enemy knows they will not get a penny from us,” said Gen. John R. Allen, who recently retired as the top commander in Afghanistan. “In the aftermath of this horrific event it makes it hard to explain this policy. But the fact that there are Americans in the region who were never taken because they knew there was no advantage to doing so needs to be factored in.”
The willingness to pay ransoms for kidnap victims is a source of debate and mounting tension between the United States and Britain on one side and their European allies on the other. From the families’ perspective, there is a another dividing line between the two approaches: Many European nations take charge of the situation from the moment their citizens are captured and aggressively initiate a negotiation. By contrast, relatives in the United States said they were left to puzzle through the crisis largely on their own. The willingness to pay ransoms for kidnapped victims is a source of debate and mounting tension between the United States and Britain on one side and their European allies on the other. From the families’ perspective, there is another dividing line between the two approaches: Many European nations take charge of the situation from the moment their citizens are captured and aggressively begin a negotiation. By contrast, relatives in the United States said they were left to puzzle through the crisis largely on their own.
While the F.B.I. declined to comment on its handling of the hostage crisis, a senior law enforcement official said that the bureau used every tool at its disposal. He conceded, however, that the bureau is bound by American law and cannot engage in a discussion over a potential ransom. “Those are the lanes in the road we are left to work with,” the official said.While the F.B.I. declined to comment on its handling of the hostage crisis, a senior law enforcement official said that the bureau used every tool at its disposal. He conceded, however, that the bureau is bound by American law and cannot engage in a discussion over a potential ransom. “Those are the lanes in the road we are left to work with,” the official said.
From the perspective of the families, however, the policy of not bargaining with terrorists is itself controversial. They argue that the death of even one person seems a high price to pay for the broader goal of not encouraging further kidnappings.From the perspective of the families, however, the policy of not bargaining with terrorists is itself controversial. They argue that the death of even one person seems a high price to pay for the broader goal of not encouraging further kidnappings.
A Broad GulfA Broad Gulf
Unbeknown to the Foleys, the email they received last November was part of a blitz sent by ISIS over a four-month period to the relatives of the 23 Western hostages they would eventually hold in the same jail, including three other Americans.Unbeknown to the Foleys, the email they received last November was part of a blitz sent by ISIS over a four-month period to the relatives of the 23 Western hostages they would eventually hold in the same jail, including three other Americans.
There was immediately a gulf between how American and European officials responded.There was immediately a gulf between how American and European officials responded.
A crisis cell was activated inside the Foreign Ministries of France, Spain, Switzerland and Italy, staffed around the clock with people working in shifts, said a European counterterrorism official who has worked on numerous hostage cases and was briefed on the negotiations with ISIS.A crisis cell was activated inside the Foreign Ministries of France, Spain, Switzerland and Italy, staffed around the clock with people working in shifts, said a European counterterrorism official who has worked on numerous hostage cases and was briefed on the negotiations with ISIS.
They waited for the kidnappers to reach out, and when they did, the intelligence services of at least one country took over the email accounts of family members, responding directly to the terrorist group, according to a person with direct knowledge of how the negotiations unfolded.They waited for the kidnappers to reach out, and when they did, the intelligence services of at least one country took over the email accounts of family members, responding directly to the terrorist group, according to a person with direct knowledge of how the negotiations unfolded.
As early as February of this year, the Europeans proceeded from requesting proof-of-life to making a ransom counteroffer, according to a person closely involved in the crisis who said the average negotiated per person was around €2 million. As early as February of this year, the Europeans proceeded from requesting proof of life to making a ransom counteroffer, according to a person closely involved in the crisis who said the average sum negotiated per person was around €2 million.
Meanwhile, the Foleys and the other American families were left to answer the emails themselves and kept largely in the dark. They were not introduced to one another and had to find the other families on their own, Ms. Foley said. While high-level officials met with them, they shared little information. The Foleys and the other American families were left to answer the emails themselves and kept largely in the dark. They were not introduced to one another and had to find the other families on their own, Ms. Foley said. While high-level officials met with them, they shared little information.
“They were always very cordial,” Ms. Foley said. “The problem was we never got any information about what the government was doing — if anything — on our behalf. Every bit of information we got was on our own.”“They were always very cordial,” Ms. Foley said. “The problem was we never got any information about what the government was doing — if anything — on our behalf. Every bit of information we got was on our own.”
The families said they had little evidence that the kidnappings had become a major concern for the Obama administration, though they acknowledge that they were not necessarily aware of all of the government’s efforts. While they reached out to the State Department and were repeatedly told “everything was being done,” they said they never had any clear indication that this was a policy priority.The families said they had little evidence that the kidnappings had become a major concern for the Obama administration, though they acknowledge that they were not necessarily aware of all of the government’s efforts. While they reached out to the State Department and were repeatedly told “everything was being done,” they said they never had any clear indication that this was a policy priority.
Mr. Foley’s former employer, the online publication GlobalPost, spent millions of dollars on a security firm it hired to search for clues of the missing journalist, said Philip Balboni, its chief executive.Mr. Foley’s former employer, the online publication GlobalPost, spent millions of dollars on a security firm it hired to search for clues of the missing journalist, said Philip Balboni, its chief executive.
“As to the F.B.I.’s role,” Mr. Balboni said, “we always felt that we had the laboring oar.”“As to the F.B.I.’s role,” Mr. Balboni said, “we always felt that we had the laboring oar.”
Being Told to StallBeing Told to Stall
Because the Foleys did not initially know how to reach the other families, and because they were not aware of what the Europeans were doing, months elapsed before they realized that their son’s captors were releasing his cellmates for cash.Because the Foleys did not initially know how to reach the other families, and because they were not aware of what the Europeans were doing, months elapsed before they realized that their son’s captors were releasing his cellmates for cash.
Around May, all four of the American families finally met one another and began holding group conference calls with the administration, Ms. Foley said.Around May, all four of the American families finally met one another and began holding group conference calls with the administration, Ms. Foley said.
They began comparing the ransom demands and realized that the four Americans were being held by the same people, who were coordinating their response.They began comparing the ransom demands and realized that the four Americans were being held by the same people, who were coordinating their response.
In the late spring as more and more Europeans were let go, the Foleys learned that about $4.5 million had been paid to free one hostage, said Mr. Balboni, who declined to say which government or entity paid. In late spring, as more and more Europeans were let go, the Foleys learned that about $4.5 million had been paid to free one hostage, said Mr. Balboni, who declined to say which government or entity paid.
“The fund-raising didn’t start in earnest until relatively late,” Mr. Balboni said. “Our goal was $5 million. It was a kind of extrapolation from what we had learned from the Western hostages that had been released.”“The fund-raising didn’t start in earnest until relatively late,” Mr. Balboni said. “Our goal was $5 million. It was a kind of extrapolation from what we had learned from the Western hostages that had been released.”
Although American officials initially advised the family that they could be prosecuted for paying a ransom, the bureau later privately told the Foleys that it was unlikely they would face charges and they could pursue their own course of action, independently of what the United States was attempting, a senior American official said. Once the family made it clear they wanted to pay, the bureau instructed them to stall, according to a consultant working on the hostage crisis.Although American officials initially advised the family that they could be prosecuted for paying a ransom, the bureau later privately told the Foleys that it was unlikely they would face charges and they could pursue their own course of action, independently of what the United States was attempting, a senior American official said. Once the family made it clear they wanted to pay, the bureau instructed them to stall, according to a consultant working on the hostage crisis.
“What the F.B.I. said is that their experience had shown that you want to draw out the process,” said the consultant, who requested anonymity because he did not want to be seen as being critical of the United States. “You want to have lots of back and forth. You want further proof of life. You want to ask if you can speak to your son by phone — anything that elongates the process.“What the F.B.I. said is that their experience had shown that you want to draw out the process,” said the consultant, who requested anonymity because he did not want to be seen as being critical of the United States. “You want to have lots of back and forth. You want further proof of life. You want to ask if you can speak to your son by phone — anything that elongates the process.
“I asked, ‘Why do we want to do that?’ What they said is, ‘This is how you get the numbers down to a realistic figure,’ ” the consultant said. “At one point, I said, ‘Are you sure? I think we are just making them angry.’ ” “I asked, ‘Why do we want to do that?’ What they said is, ‘This is how you get the numbers down to a realistic figure,’ ” the consultant said. “At one point, I said: ‘Are you sure? I think we are just making them angry.’ ”
Cash was not the only thing Mr. Foley’s captors wanted. In one of the early emails to the family, they had demanded the release of unspecified Muslim prisoners, Mr. Balboni said. In subsequent messages to the families of the other Americans, the captors proposed a swap for a Pakistani neuroscientist, Aafia Siddiqui, whose incarceration in a Texas prison on charges of trying to kill Americans in Afghanistan has become a rallying cry for jihadists.Cash was not the only thing Mr. Foley’s captors wanted. In one of the early emails to the family, they had demanded the release of unspecified Muslim prisoners, Mr. Balboni said. In subsequent messages to the families of the other Americans, the captors proposed a swap for a Pakistani neuroscientist, Aafia Siddiqui, whose incarceration in a Texas prison on charges of trying to kill Americans in Afghanistan has become a rallying cry for jihadists.
Such a swap was off the table, they were told, because of the no-concessions policy.Such a swap was off the table, they were told, because of the no-concessions policy.
Yet on May 31, Sgt. Bowe Bergdahl was released by the Taliban after being traded for five Taliban detainees held at Guantánamo Bay, Cuba.Yet on May 31, Sgt. Bowe Bergdahl was released by the Taliban after being traded for five Taliban detainees held at Guantánamo Bay, Cuba.
This was a significant shift in how the United States had handled such situations. Dane Egli, who was a hostage rescue adviser for the National Security Council during the Bush administration said Berghdal’s release “introduced a huge inconsistency in our policy.” This was a significant shift in how the United States had handled such situations. Dane Egli, who was a hostage rescue adviser for the National Security Council during the Bush administration, said Sergeant Bergdahl’s release “introduced a huge inconsistency in our policy.”
The families of the ISIS hostages were aghast. They angrily called their advisers and one another, feeling more than ever that they were on their own, said a person who worked alongside several of them.The families of the ISIS hostages were aghast. They angrily called their advisers and one another, feeling more than ever that they were on their own, said a person who worked alongside several of them.
A Confusing RationaleA Confusing Rationale
The Obama administration argued that the Bergdahl case did not constitute an exception because he was considered a prisoner of war.The Obama administration argued that the Bergdahl case did not constitute an exception because he was considered a prisoner of war.
By contrast, the families were advised that Ms. Siddiqui’s release was impossible because she had been convicted in an American court, a different situation from Guantánamo detainees, who have never been charged, according to one adviser. By contrast, the families were advised that Ms. Siddiqui’s release was impossible because she had been convicted in an American court, a different situation from that of the Guantánamo detainees, who have never been charged, according to one adviser.
If this rationale was confusing for the families, it was especially hard to explain to their sons’ captors.If this rationale was confusing for the families, it was especially hard to explain to their sons’ captors.
By the summer, President Obama authorized a rescue operation after a group of French journalists were released. In April and May, one of the released hostages sat down with the F.B.I. in Paris to describe the oil facility on the outskirts of Raqqa, Syria, where the 23 foreigners had been held. He pinpointed the location on a Google Earth map — showing a building opposite three silo-like formations. By the summer, President Obama authorized a rescue operation after a group of French journalists were released. In April and May, one of the released hostages sat down with the F.B.I. in Paris to describe the oil facility on the outskirts of Raqqa, Syria, where the 23 foreigners had been held. He pinpointed the location on a Google Earth map, showing a building opposite three silo-like formations.
The unsuccessful rescue attempt took two more months to mount, as the authorities worked to corroborate the information from the former hostage, a senior official said.The unsuccessful rescue attempt took two more months to mount, as the authorities worked to corroborate the information from the former hostage, a senior official said.
Advisers to the families say this delay shows the administration was not carrying out surveillance of the town in Syria where the four Americans were held, and had to scramble to position a surveillance aircraft over the area in order to establish a baseline of human activity. (Officials refused to confirm or deny, saying the information is classified.)Advisers to the families say this delay shows the administration was not carrying out surveillance of the town in Syria where the four Americans were held, and had to scramble to position a surveillance aircraft over the area in order to establish a baseline of human activity. (Officials refused to confirm or deny, saying the information is classified.)
Unaware of the July 3 rescue operation, the Foleys were working at full tilt on the only avenue open to them: trying to raise money. It was a humiliating endeavor. To save their son’s life, they were essentially passing a hat, asking donors to provide money that would go to a terrorist group deemed so extreme it had been expelled from Al Qaeda.Unaware of the July 3 rescue operation, the Foleys were working at full tilt on the only avenue open to them: trying to raise money. It was a humiliating endeavor. To save their son’s life, they were essentially passing a hat, asking donors to provide money that would go to a terrorist group deemed so extreme it had been expelled from Al Qaeda.
The family was particularly worried because they had not received a reply from ISIS since December. They were advised by the F.B.I. that the captors’ demands were not serious because they had asked for such a high initial figure.The family was particularly worried because they had not received a reply from ISIS since December. They were advised by the F.B.I. that the captors’ demands were not serious because they had asked for such a high initial figure.
Looking back, Ms. Foley said, she is “appalled” that the United States did not do more, and wonders if the government’s approach did not cause their son’s captors to single him out for retribution. Looking back, Ms. Foley said, she was “appalled” that the United States did not do more, and wondered if the government’s approach did not cause their son’s captors to single him out for retribution.
“Jim was in the hands of a very hateful, brutal group of people — only God knows,” she said. “But it was clear that they wanted to negotiate. That angered them more than anything — they would send nasty messages aimed at the government and the family had to get back to them,” she said. “We would read it over, and tweak it and suggest changes, but it was obvious they wanted to engage with the government, and I don’t understand how it is that we were not willing to engage at some level. This made them more and more angry.” “Jim was in the hands of a very hateful, brutal group of people — only God knows,” she said. “But it was clear that they wanted to negotiate. That angered them more than anything — they would send nasty messages aimed at the government, and the family had to get back to them,” she said. “We would read it over, and tweak it and suggest changes, but it was obvious they wanted to engage with the government, and I don’t understand how it is that we were not willing to engage at some level. This made them more and more angry.”
On Aug. 8, President Obama authorized airstrikes on ISIS positions in Iraq. On Aug. 8, Mr. Obama authorized airstrikes on ISIS positions in Iraq.
On Aug. 12, the Foleys received the last email from their son’s abductors. It appeared to be addressed not just to the Foleys, but also to the United States government:On Aug. 12, the Foleys received the last email from their son’s abductors. It appeared to be addressed not just to the Foleys, but also to the United States government:
“You were given many chances to negotiate the release of your people via cash transactions as other governments have accepted,” said the email, published by GlobalPost. “We have also offered prisoner exchanges to free the Muslims currently in your detention like our sister Dr Afia Sidiqqi however you proved quickly to us that this is NOT what you are interested in,” they said. “You and your citizens will pay the price of the bombings.”“You were given many chances to negotiate the release of your people via cash transactions as other governments have accepted,” said the email, published by GlobalPost. “We have also offered prisoner exchanges to free the Muslims currently in your detention like our sister Dr Afia Sidiqqi however you proved quickly to us that this is NOT what you are interested in,” they said. “You and your citizens will pay the price of the bombings.”
A week later, a video appeared on YouTube showing the execution of Mr. Foley.A week later, a video appeared on YouTube showing the execution of Mr. Foley.
Two weeks after that, a nearly identical video was uploaded showing the death of another American, Steven J. Sotloff. This weekend, a British aid worker, David Cawthorne Haines, was beheaded. Two weeks after that, a nearly identical video was uploaded showing the death of another American journalist, Steven J. Sotloff. This weekend, a British aid worker, David Cawthorne Haines, was beheaded.
Two more Americans and two more British citizens remain in ISIS custody. At least 15 others held with Mr. Foley, all but one of them European, succeeded in getting out in return for cash. Two other Americans and two British citizens remain in ISIS custody. At least 15 others held with Mr. Foley, all but one of them European, succeeded in getting out in return for cash.
In an effort to make sure the death of Mr. Foley brings about change, his parents are now working to establish an organization that will advise families of other victims, giving them the information early on that they say they were not given.In an effort to make sure the death of Mr. Foley brings about change, his parents are now working to establish an organization that will advise families of other victims, giving them the information early on that they say they were not given.
“It was a very, very frightening place to be,” Ms. Foley said. “And other countries do this better,” she continued. “I would hope that our government and the international community is looking deeply at this issue, and we pray that by doing so, Jim’s death will not be in vain.” “It was a very, very frightening place to be,” Ms. Foley said. “And other countries do this better,” she added. “I would hope that our government and the international community is looking deeply at this issue, and we pray that by doing so, Jim’s death will not be in vain.”