Category Archives: FBI

FBI agents get leeway to push privacy bounds

The New York Times reports:

The Federal Bureau of Investigation is giving significant new powers to its roughly 14,000 agents, allowing them more leeway to search databases, go through household trash or use surveillance teams to scrutinize the lives of people who have attracted their attention.

The F.B.I. soon plans to issue a new edition of its manual, called the Domestic Investigations and Operations Guide, according to an official who has worked on the draft document and several others who have been briefed on its contents. The new rules add to several measures taken over the past decade to give agents more latitude as they search for signs of criminal or terrorist activity.

The F.B.I. recently briefed several privacy advocates about the coming changes. Among them, Michael German, a former F.B.I. agent who is now a lawyer for the American Civil Liberties Union, argued that it was unwise to further ease restrictions on agents’ power to use potentially intrusive techniques, especially if they lacked a firm reason to suspect someone of wrongdoing.

“Claiming additional authorities to investigate people only further raises the potential for abuse,” Mr. German said, pointing to complaints about the bureau’s surveillance of domestic political advocacy groups and mosques and to an inspector general’s findings in 2007 that the F.B.I. had frequently misused “national security letters,” which allow agents to obtain information like phone records without a court order.

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Why did US medical personnel remove high-value detainee Abu Zubaydah’s eye?

Jason Leopold reports:

Shortly after he was captured in March 2002 at a safe house in Faisalabad, Pakistan, following an early morning raid jointly conducted by the CIA, FBI, Pakistani police and Inter-Services Intelligence (ISI), Abu Zubaydah woke up at a black site prison in Thailand and discovered that his left eye had been surgically removed.

Zubaydah, who is wearing an eye patch in a photograph included in his Guantanamo threat assessment file released by WikiLeaks last month, apparently never consented to the medical procedure and to this day has no idea why it was done, according to one of Zubaydah’s attorneys.

“I can tell you that Abu Zubaydah has no explanation for the loss of his eye,” said Brent Mickum, who has represented Zubaydah in his since 2007. “He continually wants me to make inquiries to try and determine the circumstances for which he lost his eye, but no one has been forthcoming.”

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The National Security State of America

An American teenager, forced into temporary exile and then tortured in Kuwait– almost certainly with the knowledge of the Obama administrationhas been freed.

A Northern Virginia teen who had been barred from flying home from Kuwait landed in Washington on Friday morning, four weeks after being detained, allegedly beaten by Kuwait authorities and questioned by FBI agents about possible terrorist connections.

Gulet Mohamed, dressed in a worn hooded sweat shirt and sweat pants, was embraced by his family after he arrived at Dulles International Airport, the end of an ordeal that he said had “made me stronger.”

The United States “is built upon fighting for your rights,” Mohamed, 19, said in an interview.

Civil liberties groups charge that his case is the latest episode in which the U.S. government has temporarily exiled U.S. citizens or legal residents so they can be questioned about possible terrorist links without legal counsel.

The American Civil Liberties Union is suing the U.S. government on behalf of 17 citizens or legal residents who were not allowed to board flights to, from or within the United States, presumably because, like Mohamed, they were on the government’s no-fly list. Of those stranded overseas, all were eventually told they could return, often after they agreed to speak to the FBI. None was arrested upon their return.

The ACLU suit, filed in Portland, Ore., alleges that Americans placed on the no-fly list are denied due process because there is no effective way to challenge their inclusion. The government does not acknowledge that any particular individual is on the no-fly list or its other watch lists. Nor will it reveal the exact criteria it uses to place people on its list.

Meanwhile, the Washington Post reports:

The drone technology that has revolutionized warfare in Iraq, Afghanistan and Pakistan is entering the national airspace: Unmanned aircraft are patrolling the border with Mexico, searching for missing persons over difficult terrain, flying into hurricanes to collect weather data, photographing traffic accident scenes and tracking the spread of forest fires.

But the operation outside Austin [described at the beginning of this report] presaged what could prove to be one of the most far-reaching and potentially controversial uses of drones: as a new and relatively cheap surveillance tool in domestic law enforcement.

For now, the use of drones for high-risk operations is exceedingly rare. The Federal Aviation Administration – which controls the national airspace – requires the few police departments with drones to seek emergency authorization if they want to deploy one in an actual operation. Because of concerns about safety, it only occasionally grants permission.

But by 2013, the FAA expects to have formulated new rules that would allow police across the country to routinely fly lightweight, unarmed drones up to 400 feet above the ground – high enough for them to be largely invisible eyes in the sky.

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Secrecy is the original sin

From Truthout:

Largely because of his advocacy of psychedelic drugs, Tim Leary became a high-profile political prisoner whom Nixon called “the most dangerous man in America” (the same label Nixon used to describe Daniel Ellsberg). Leary was sentenced to ten years in prison for possession of .0025 grams of cannabis.

After escaping from prison in 1970, he became the object of an international manhunt. Finally captured in Afghanistan, he was kidnapped by the CIA – there was no extradition treaty between the two countries – and brought back to face four more years in prison, including long stretches in solitary confinement, before he was released in 1976. The following is an excerpt from a text he wrote in maximum-security Folsom Prison, California, in May 1973. — Michael Horowitz

Timothy Leary writing at the time of Watergate:

When you think about it, secrecy is the cause of the whole flap. Ellsberg and Russo published some secrets. Leaks in the White House. The plumbers steal Ellsberg’s psychiatric secrets. And bug the Democrat’s phone calls. The entire White House is involved in cover-up. The hearings center on cover-up of the cover-up.

Secrecy is the enemy of sanity and loving trust. If you keep secrets, you are an insane paranoiac. Concealment is the seed source of every human conflict. Secrecy is always caused by guilt or fear. [Gordon] Liddy’s parents were guilty about sex. And Nixon’s parents. It drives them crazy when he secretly suspects that she’s keeping secrets so he hires a private detective and vice versus.

Let’s break out of the huddle. Before [FBI Director] J. Edgar Hoover there were no secret police in this country. Before World War II there was no C.I.A. and America was amazingly unconcerned with secrecy. The hidden sickness has become lethally epidemic in the last forty years.

Now comes the electronic revolution. Reveal-ation. Bugging equipment effective at long distances is inexpensive and easily available. Good. Liberals want stiff laws against bugging. It’s the wrong move. Legalize everything. Legalize bugging. Let’s forget artificial secrets and concentrate on the mysteries.

I can tell you bugging is nothing to worry about. I’ve been tapped, surveilled, tailed for ten years. In Algeria everyone knew of at least three taps on all international calls — Algerian, French and C.I.A. The Algerians knew every move we made. That’s why they liked us. I was called in once by the Swiss Secret Service about some threats on my life. They offered me body guards. I looked at the chief agent and laughed. “Moi! Merci, non.” The agent laughed with me. “Professor, the Swiss police never sleep. We watch over you twenty-four hours a day.” Any real true intimate secrets are preserved in the tender codes of love. Privacy is woven with electric threads of contact that cannot be INTERCEPTED. Love has nothing to hide.

Secrecy is the original sin. Fig leaf in the Garden of Eden. The basic crime against love. The issue is fundamental. What a blessing that Watergate has been uncovered to teach us the primary lesson. The purpose of life is to receive, synthesize, and transmit energy. Communication fusion is the goal of life. Any star can tell you that. Communication is love. Secrecy, withholding the signal, hoarding, hiding, covering up the light is motivated by shame and fear, symptoms of the inability to love. Secrecy means that you think love is shameful and bad. Or that your nakedness is ugly. Or that you hide unloving, hostile feelings, Seed of paranoia and distrust.

Those who love have no need to hide their actions. As so often happens, the extreme wing is half right for the wrong reasons. They say primly: if you have done nothing wrong, you have no fear of being bugged. Exactly. But the logic goes both ways. Then F.B.I, files, and C.I.A. dossiers, and White House conversations should be open to all. Let every thing hang open. Let government be totally visible. The last, the very last people to hide their actions should be the police and government.

We operate on the assumption that everyone knows everything, anyway. There is nothing and no way to hide. This is the acid message. We’re all on cosmic T.V. every moment. We all play starring roles in the galactic broadcast: This Is Your Life. I remember the early days of neurological uncovering, desperately wondering where I could go to escape. Run home, hide under the bed, in the closet, in the bathroom? No way. The relentless camera “I” follows me everywhere. We can only keep secrets from ourselves.

And none of the legal experts get the point of Watergate. [Special prosecutor Archibald] Cox chasing leaks from his own staff.

We recall the classic political scandals involving secrets: Dreyfus, Alger Hiss, the Rosenbergs. The heroic figures around whom Watergate revolves, Tony [Russo] and Dan [Ellsberg]. Brave Russian dissenters uncovering the secret that everyone knows about Soviet repression.

I laugh at government bugging. Let the poor, deprived, bored creatures listen to our conversations, tape our laughter, study our transmissions. Maybe it will turn them on. Perhaps they’ll get the message our love-shine transmits: there is nothing to fear.

From Neuropolitics, 1977.

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Don’t be distracted by body scanners: government spying and the Fourth Amendment

Martin Lijtmaer writes:

On December 15, Bill of Rights Day, the uproar over body scanners had brought the Fourth Amendment to the front of the public debate. There are legitimate reasons to be upset over invasive, costly and arguably ineffective measures adopted in the guise of protecting national security. But the call to arms over body scanners is a distraction.

First, it’s debatable whether body scanners violate the Fourth Amendment. There is a plausible argument that such security measures are reasonable in light of potential hijacking threats. With 9/11 still etched in our national psyche, it’s hard to imagine that courts would deem body scanners unconstitutional.

Second and more important, the uproar over body scanners distracts us from far more egregious constitutional violations routinely committed by our government.

The Fourth Amendment explicitly prohibits authorities from conducting “unreasonable searches and seizures” and requires judicially authorized warrants based on “probable cause” that “particularly describ[es] the place to be searched and the persons or things to be seized.” Thanks to the Fourth Amendment, police must reasonably suspect criminal activity before conducting a stop and, absent rare exceptions, must secure a warrant, signed by a judge, before conducting a search.

However, in the wake of 9/11, federal agencies have fully ignored these constitutional restraints.

Let’s take, for example, the rampant use of national security letters (NSLs) by the FBI. NSLs are requests for information targeting an individual, but issued to third parties, such as Internet service providers, financial institutions or libraries. The Fourth Amendment requires that such information be obtained through a search warrant signed by a judge, supported by probable cause and specifically describing both the target of the warrant and reason for it.

However, the FBI employs NSLs unrestrained by any of these constitutional requirements. In other words, the FBI can access your highly personal and private information on a whim. And it has not used this power sparingly.

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FBI delivers subpoenas to four more anti-war, solidarity activists as U.S. Attorney Patrick Fitzgerald expands witch hunt

A press release from the Committee to Stop FBI Repression says:

The FBI came unannounced to knock on doors at two apartments in Chicago this morning. FBI agent Robert Parker, under orders from U.S. Attorney Patrick Fitzgerald’s office, delivered a subpoena to Maureen Murphy. Murphy, like several other individuals served subpoenas, is an organizer with the Palestine Solidarity Group-Chicago.

This continues the repression unleashed by Fitzgerald on the anti-war movement since September 24th, when fourteen subpoenas were delivered to anti-war, labor, and solidarity activists in coordinated raids involving more than 70 federal agents. Armed FBI agents raided homes, taking computers, phones, passports, documents, notebooks, and even children’s artwork. A total of 23 subpoenas have been served to activists around the country.

Maureen Murphy said, “Along with several others, I am being summoned to appear before the Grand Jury on Tuesday, January 25th, in the Dirksen Federal Building in Chicago. We are being targeted for the work we do to end U.S. funding of the Israeli occupation, ending the war in Afghanistan and ending the occupation of Iraq. What is at stake for all of us is our right to dissent and organize to change harmful US foreign policy.” Ms. Murphy is also the Managing Editor of the widely-read website, The Electronic Intifada.

In addition, three women in Minneapolis – Tracy Molm, Anh Pham, and Sara Martin – are threatened with reactivated subpoenas by Fitzgerald’s office and new Grand Jury dates. Tom Burke of the Committee to Stop FBI Repression explained, “It is likely the three individuals, like all the others so far, will continue to refuse to take part in Fitzgerald’s witch hunt. Fitzgerald can then call for putting them in jail as long as he wants.”

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The FBI’s effort to silence political dissent in America

In These Times reports:

September 24 began like any other Friday for Joe Iosbaker and Stephanie Weiner. Then, at 7 a.m., FBI agents knocked on the door of the Chicago couple’s house in the city’s North Side.

Armed with a search warrant, more than 20 agents examined the couple’s home, photographing every room and combing through notebooks, family videos and books, even their children’s drawings. Some items were connected to their decades of anti-war and international solidarity activism, but others were not. “Folders were opened, letters were pulled out of envelopes,” says Weiner, an adult education professor at Wilbur Wright College. “They had rubber gloves and they went through every aspect of our home.”

Ten hours after their arrival, as television news crews filmed and activist supporters stood on the sidewalk, the agents drove away with nearly 30 boxes of material, including t-shirts and a photograph of Malcolm X. By that time, Iosbaker and Weiner had been served subpoenas to appear before a grand jury investigating “material support” for “foreign terrorist organizations.” And they knew theirs wasn’t the only home invaded that day. More than 70 FBI agents had raided seven residences in Chicago and Minneapolis and questioned activists in Michigan, California and North Carolina, serving subpoenas to 11 people. A few days later, the Justice Department subpoenaed members of the Minnesota Anti-War Committee (AWC), whose office was also raided on September 24, raising the number to 14. (Editor’s note: five additional Chicago-area activists were subpoenaed in early December; see update below.)

The grand jury and FBI are looking for evidence that connects the 14 activists and their “potential co-conspirators” to two organizations: the Revolutionary Armed Forces of Colombia (FARC) and the Popular Front for the Liberation of Palestine (PFLP), which are both on the State Department’s “Foreign Terrorist Organizations” list. None of the 14 has been charged with a crime, and all deny providing “material support,” including money, to any foreign organization.

Citing the Fifth Amendment, all 14 are refusing to testify before the grand jury, which they say is a secretive arm of a government intent on silencing critics.

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How to spot a terrorist

Eric Holder went to California to provide an update on the FBI’s terrorist training program. What he has yet to acknowledge is this: if the FBI can’t catch “terrorists” without first providing them with fake bombs, maybe the guys they’re catching aren’t really terrorists.

Doesn’t the criminal process attach as much importance to means as it does to motives? Disregard means, and we are heading into the Orwellian world of thoughtcrimes.

The New York Times, reporting on the Attorney General’s speech to Muslim Advocates, said:

In his remarks, Mr. Holder said that stings had been used for decades against many types of crimes. And he defended the investigation last month in Portland, Ore., in which a young Somali-American man, Mohamed Osman Mohamud, 19, was arrested after law enforcement agents said he tried to trigger what he thought was a car bomb at a Christmas tree-lighting ceremony.

“I make no apologies for the how the F.B.I. agents handled their work in executing the operation that led to Mr. Mohamud’s arrest,” Mr. Holder said. “Their efforts helped to identify a person who repeatedly expressed his desire and intention to kill innocent Americans.”

He added: “But you also have my word that the Justice Department will — just as vigorously — continue to pursue anyone who would target Muslims, or their houses of worship.”

Despite the attorney general’s reassurances, some in attendance were deeply concerned by the federal government’s ongoing undercover sting operations.

“I grew up during the civil rights era and I’m aware how the civil rights community was infiltrated by provocateurs and agents who sought to undermine the legitimate struggles of the movement,” said Abu Qadir Al-Amin, 60, an African-American imam from Vallejo, Calif. “So my antennae are up and I try to educate the Muslim community so that they don’t put themselves in a vulnerable position if someone comes along suggesting they do something illegal.”

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Latest graduate in FBI’s terrorist training program

Since it’s difficult to identify and capture terrorists, the FBI seems to have concluded that an effective counterterrorism program can only work if they first find potential terrorists, coach them and then catch them. It’s a bit like sports hunting for those whose pride in displaying a trophy is undiminished by the fact that the animal was raised to be shot.

Associated Press reports:

A 21-year-old man charged with trying to blow up a military recruiting center briefly hesitated when he heard about a federal sting operation that nabbed an alleged terrorist in Oregon last month but decided to keep going with his plan, authorities said.

Antonio Martinez, a naturalized U.S. citizen who goes by the name Muhammad Hussain after recently converting to Islam, faces charges of attempted murder of federal officers and attempted use of a weapon of mass destruction.

He told an informant working with the FBI he thought about nothing but jihad and wasn’t deterred even after a Somali-born teenager was arrested in Portland, Ore., the day after Thanksgiving in a sting, court documents released Wednesday showed.

The Oregon suspect intended to bomb a crowded downtown Christmas tree-lighting ceremony. But – like Martinez – the people he’d been communicating with about the plot were with the FBI. Martinez wondered if he was headed down a similar path, documents say.

After hearing about the Oregon case, Martinez was uneasy and called the informant demanding to know who he was, according to court documents.

“I’m not falling for no b.s.,” he told the informant. He said he still wanted to go ahead, but the informant told him to think about it overnight and call the next day, which Martinez did.

In the following days, Martinez reiterated his support for the plan several times, documents show, at one point reassuring the informant that he didn’t feel pressured to carry it out: “I came to you about this, brother.”

The bomb he’s accused of trying to detonate was fake and had been provided by an undercover FBI agent. It was loaded into an SUV that Martinez parked in front of the recruiting center, authorities said, and an FBI informant picked him up and drove him to a nearby vantage point where he tried to set it off.

“There was never any actual danger to the public during this operation this morning,” U.S. Attorney Rod J. Rosenstein said Wednesday. “That’s because the FBI was controlling the situation.”

The FBI’s dubious approach to counterterrorism was highlighted earlier this week in a Washington Post report on a convicted forger named Craig Monteilh who became an FBI informant and is now suing the agency.

The Islamic Center of Irvine in Southern California was a target of Monteilh’s operations.

In the Irvine case, Monteilh’s mission as an informant backfired. Muslims were so alarmed by his talk of violent jihad that they obtained a restraining order against him.

He had helped build a terrorism-related case against a mosque member, but that also collapsed. The Justice Department recently took the extraordinary step of dropping charges against the worshiper, who Monteilh had caught on tape agreeing to blow up buildings, law enforcement officials said. Prosecutors had portrayed the man as a dire threat.

Compounding the damage, Monteilh has gone public, revealing secret FBI methods and charging that his “handlers” trained him to entrap Muslims as he infiltrated their mosques, homes and businesses. He is now suing the FBI.

Officials declined to comment on specific details of Monteilh’s tale but confirm that he was a paid FBI informant. Court records and interviews corroborate not only that Monteilh worked for the FBI – he says he made $177,000, tax-free, in 15 months – but that he provided vital information on a number of cases.

Some Muslims in Southern California and nationally say the cascading revelations have seriously damaged their relationship with the FBI, a partnership that both sides agree is critical to preventing attacks and homegrown terrorism.

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The FBI successfully thwarts its own terrorist plot

Glenn Greenwald writes:

The FBI is obviously quite pleased with itself over its arrest of a 19-year-old Somali-American, Mohamed Osman Mohamud, who — with months of encouragement, support and money from the FBI’s own undercover agents — allegedly attempted to detonate a bomb at a crowded Christmas event in Portland, Oregon. Media accounts are almost uniformly trumpeting this event exactly as the FBI describes it. Loyalists of both parties are doing the same, with Democratic Party commentators proclaiming that this proves how great and effective Democrats are at stopping The Evil Terrorists, while right-wing polemicists point to this arrest as yet more proof that those menacing Muslims sure are violent and dangerous.

What’s missing from all of these celebrations is an iota of questioning or skepticism. All of the information about this episode — all of it — comes exclusively from an FBI affidavit filed in connection with a Criminal Complaint against Mohamud. As shocking and upsetting as this may be to some, FBI claims are sometimes one-sided, unreliable and even untrue, especially when such claims — as here — are uncorroborated and unexamined. That’s why we have what we call “trials” before assuming guilt or even before believing that we know what happened: because the government doesn’t always tell the complete truth, because they often skew reality, because things often look much different once the accused is permitted to present his own facts and subject the government’s claims to scrutiny. The FBI affidavit — as well as whatever its agents are whispering into the ears of reporters — contains only those facts the FBI chose to include, but omits the ones it chose to exclude. And even the “facts” that are included are merely assertions at this point and thus may not be facts at all.

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Would-be spies should approach Israeli consulates with caution

In June 2006, Elliot Doxer, an employee at an internet company in Boston, sent an email to a foreign consulate. “I am a Jewish American who lives in Boston,” he allegedly wrote. “I know you are always looking for information and I am offering the little I may have.” He also wrote that he wanted “to help our homeland and our war against our enemies.”

Let’s take a wild guess: he was referring to the Jewish homeland and communicating with the Israeli consulate. That’s the assumption made by the Jerusalem Post and just about everyone else — even though court documents only refer to “Country X.”

As the victim of an FBI sting operation, Doxer now faces the prospect of 20 years in jail and a $250,000 fine if convicted.

But here’s the interesting bit. In response to Doxer’s approach, the consulate informed US law enforcement officials and then assisted the FBI with its investigation.

So what’s a would-be spy to do?

Don’t trust your local Israeli consulate?

Don’t ask for compensation?

Make sure you have extremely valuable intelligence?

Acquire Israeli citizenship before you do anything else?

The next Jonathan Pollard might now be reconsidering his options.

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FBI investigate peace activist

At a recent protest in San Francisco, Zionists hurled insults at peace activists and also issued threats such as this:

You’re all being identified, every last one of you…we will find out where you live. We’re going to make your lives difficult..we will disrupt your families…

It would appear that there are Zionists in Austin, Texas, who share the same sentiment and have decided to enlist the services of the FBI in order to pursue their political agenda.

What other plausible explanation can there be as to why the FBI came to question the mother of five shown in this video? She is a part-time registered nurse and part-time peace activist whose only form of “suspicious” behavior is that she has participated in protests calling for justice in Palestine.

(h/t Mondoweiss)

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How the FBI and the press attempted to destroy an innocent man

The one thing we know about President Obama’s view of the war on terrorism is that he doesn’t like the name. But when it comes to one of the longest running and unresolved debates — whether counter-terrorism is a law enforcement or a military issue — it’s unclear how far the current president departs, if at all, from his predecessor.

For Obama or anyone else considering that question, the case of the anthrax attacks in 2001 is instructive and if it is possible to deduce a “lesson learned” from this, it may well be that, as this administration demonstrates with some frequency, it is much easier to kill terrorist suspects than determine their guilt.

In the account laid out in by David Freed in The Atlantic, it appears that the United States Government with the willing assistance of the American media, when unable to prove that the American research scientist, Dr Steven J Hatfill, had any role whatsoever in the anthrax attacks, concluded that if under relentless pressure he eventually committed suicide, then his death could be regarded as an admission of guilt and the case could be closed.

The FBI’s efforts, if not by the letter of the law then at least in spirit, fall little short of attempted murder. The press were fully complicit in this exercise.

“I was a guy who trusted the government,” [Hatfill] says. “Now, I don’t trust a damn thing they do.” He trusts reporters even less, dismissing them as little more than lapdogs for law enforcement.

The media’s general willingness to report what was spoon-fed to them, in an effort to reassure a frightened public that an arrest was not far off, is somewhat understandable considering the level of fear that gripped the nation following 9/11. But that doesn’t “justify the sliming of Steven Hatfill,” says Edward Wasserman, who is the Knight Professor of Journalism Ethics at Washington and Lee University, in Virginia. “If anything, it’s a reminder that an unquestioning media serves as a potential lever of power to be activated by the government, almost at will.”

In February 2008, Reggie B. Walton, the U.S. District Court judge presiding over Hatfill’s case against the government, announced that he had reviewed secret internal memos on the status of the FBI’s investigation and could find “not a scintilla of evidence that would indicate that Dr. Hatfill had anything to do with” the anthrax attacks.

Four months later, the Justice Department quietly settled with Hatfill for $5.82 million. “It allowed Doc to start over,” Connolly, his lawyer, says.

For Hatfill, rebuilding remains painful and slow. He enters post offices only if he absolutely must, careful to show his face to surveillance cameras so that he can’t be accused of mailing letters surreptitiously. He tries to document his whereabouts at all times, in case he should ever need an alibi. He is permanently damaged, Hatfill says. Yet he still professes to love America. “My country didn’t do this to me,” he is quick to point out. “A bloated, incompetent bureaucracy and a broken press did. I wouldn’t be doing what I’m doing today if I didn’t still love my country.”

Much of Hatfill’s time these days is devoted to teaching life-saving medical techniques to military personnel bound for combat. They are his “band of brothers,” and the hours he spends with them, Hatfill says, are among his happiest. He also serves as an adjunct associate professor of emergency medicine at George Washington University.

Then there is his boat.

Hatfill has committed $1.5 million to building his floating genetic laboratory, a futuristic-looking vessel replete with a helicopter, an operating room to treat rural indigenous peoples, and a Cordon Bleu–trained chef. Hatfill intends to assemble a scientific team and cruise the Amazon for undiscovered or little-known plants and animals. From these organisms, he hopes to develop new medications for leukemia, and for tuberculosis and other diseases that have been growing increasingly resistant to existing antibiotics. Any useful treatments, he says, will be licensed to pharmaceutical companies on the condition that developing nations receive them at cost. Hatfill hopes to christen the boat within two years. Scientists at USAMRIID, where the FBI once suspected him of stealing anthrax, have expressed tentative interest in helping him mount his expedition.

In addition to suing the Justice Department for violating his privacy and The New York Times for defaming him, Hatfill also brought a libel lawsuit against Don Foster, Vanity Fair, and Reader’s Digest, which had reprinted Foster’s article. The lawsuit led to a settlement whose dollar amount all parties have agreed to keep confidential. The news media, which had for so long savaged Hatfill, dutifully reported his legal victories, but from where he stands, that hardly balanced things on the ledger sheet of journalistic fairness.

Three weeks after the FBI exonerated Hatfill, in the summer of 2008, Nicholas Kristof apologized to him in The New York Times for any distress his columns may have caused. The role of the news media, Kristof wrote on August 28, is “to afflict the comfortable and comfort the afflicted. Instead, I managed to afflict the afflicted.”

Many others who raised critical questions about Hatfill have remained silent in the wake of his exoneration. Barbara Hatch Rosenberg, the molecular biologist who spurred the FBI to pursue Hatfill, retired two years ago. Through a former colleague, she declined to be interviewed for this article. Jim Stewart, the television correspondent whose report compared Hatfill to Al Capone, left CBS in 2006. Stewart admitted in a deposition to having relied, for his report, on four confidential FBI sources. When I reached the former newsman at his home in Florida, Stewart said he couldn’t talk about Hatfill because he was entertaining houseguests. When I asked when might be a good time to call back, he said, “There isn’t a good time,” and hung up.

“The entire unhappy episode” is how Don Foster, the Vassar professor who wrote the Vanity Fair article, sums up Hatfill’s story and his own role in it. Foster says he no longer consults for the FBI. “The anthrax case was it for me,” he told me recently. “I’m happier teaching. Like Steven Hatfill, I would prefer to be a private person.”

Foster says he never intended to imply that Hatfill was a murderer, yet continues to stand by his reporting as “inaccurate in only minor details.” I asked if he had any regrets about what he’d written.

“On what grounds?” he asked.

“The heartache it caused Hatfill. The heartache it caused you and Vanity Fair.”

Foster pondered the question, then said, “I don’t know Steven Hatfill. I don’t know his heartache. But anytime an American citizen, a journalist, a scientist, a scholar, is made the object of unfair or inaccurate public scrutiny, it’s unfortunate. It’s part of a free press to set that right.”

This past February, the Justice Department formally closed its investigation of the 2001 anthrax attacks, releasing more than 2,500 pages of documents, many of them heavily redacted, buttressing the government’s assertion that Bruce Ivins was solely responsible for the anthrax letters.

When I asked FBI spokesperson Debra Weierman how much money had been spent chasing Hatfill, she said the bureau was unable to provide such an accounting. She would neither confirm nor deny that the FBI ever opened any administrative inquiries into the news leaks that had defamed him. The FBI, she said, was unwilling to publicly discuss Hatfill in any capacity, “out of privacy considerations for Dr. Hatfill.” Weierman referred me instead to what she described as an “abundance of information” on the FBI’s Web site.

Information about the anthrax case is indeed abundant on the bureau’s Web site, with dozens of documents touting the FBI’s efforts to solve the murders. Included is a transcript of a press conference held in August 2008, a month after Ivins’s suicide, in which federal authorities initially laid out the evidence they had amassed against him. But beyond a handful of questions asked by reporters that day, in which his last name is repeatedly misspelled, and a few scant paragraphs in the 96-page executive summary of the case, there is no mention anywhere on the FBI’s Web site of Steven Hatfill.

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The Dubai-Payoneer connection

As I noted below, the New York-based company Payoneer is linked to Israel in a number of ways, not least through it’s Israeli CEO, Yuval Tal, a former member of an elite combat unit of the Israel Defense Forces and former Vice President of Business Development for the Tel Aviv-based technology company, Radware. Tal describes how Payoneer operates in this video.

As Clayton Swisher notes:

Mr Tal did not exactly conceal his prior affiliations when he appeared on Fox News during the 2006 Lebanon war. He opined then that “this is a war that Israel cannot afford to lose”.

If Tal or his Payoneer firm are in any way involved in the conspiracy to help a foreign intelligence service (like, say providing Mossad operatives with credit cards), he may soon find himself in his own battle with little prospects of winning – in a US courtroom.

The Federal Bureau of Investigation (FBI) is the lead agency with statutory authority and responsibilities for investigating foreign espionage activities on US soil. It’s a job they take seriously and with a proven record of not shying away from the numerous instances when America’s special ally played foul.

As an initial inquiry, I imagine case agents will subpoena all financial records associated with the fraudulently issued credit cards. This would include the original credit card applications, which requires such things as a delivery address (to mail the card to), social security numbers, dates of birth, and employment information.

If the applications were made on paper, then the documents may contain all manner of evidence, from handwriting samples to fingerprints. There will be a similar trail to pore over if the applications were made over the phone or electronically via computer.

I also smell money laundering, as the money was supposedly dumped into prepaid accounts to conceal its purpose and origination. So US investigators may even want to tap in on the US treasury department’s crack financial investigator, Financial Crimes Enforcement Network (FINCEN).

Beneath an article about Payoneer appearing at TechCrunch, a commenter suggests: “payoneer is definitely in the legal gray area when it comes to the patriot’s act, anti-money laundering, and a host of other laws around ‘know your customer'”
Tal answers:

Payoneer is meticulously compliant with all federal, state and MasterCard regulations, including AML, BSA, Patriot act, KYC etc. There is nothing grey about it. As a certified MasterCard Member Service Provider we undergo rigorous ongoing diligence related, among others, to our regulatory compliance level.

If Payoneer comes under investigation, the FBI and US government regulatory agencies will not simply take Tal at his word. They will want to know exactly how Payoneer cards could be used by individuals with false identification.

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Intelligence chief says FBI was too hasty in handling of attempted bombing

Intelligence chief says FBI was too hasty in handling of attempted bombing

The man accused of trying to blow up a U.S. airliner on Christmas Day should have been interrogated by special terrorism investigators instead of FBI agents, the nation’s intelligence chief said Wednesday, adding that senior national security officials were not consulted before FBI and Justice Department authorities questioned him and pursued criminal charges.

Director of National Intelligence Dennis C. Blair faulted the decision not to use the “High Value Interrogation Group” (HIG) to question alleged al-Qaeda operative Umar Farouk Abdulmutallab.

“That unit was created exactly for this purpose — to make a decision on whether a certain person who’s detained should be treated as a case for federal prosecution or for some of the other means,” Blair told the Senate homeland security committee.

The intelligence chief said the interrogation group was created by the White House last year to handle overseas cases but will be expanded now to domestic ones. “We did not invoke the HIG in this case; we should have,” he added.

Blair amended his remarks later in written statements, acknowledging that the interrogation group is not “fully operational.” However, he maintained, “There should be a decision process right at the outset as to the balance between intelligence-gathering and evidence for prosecution.” [continued…]

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FBI broke law for years in phone record searches

FBI broke law for years in phone record searches

The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews. FBI officials issued approvals after the fact to justify their actions.

E-mails obtained by The Washington Post detail how counterterrorism officials inside FBI headquarters did not follow their own procedures that were put in place to protect civil liberties. The stream of urgent requests for phone records also overwhelmed the FBI communications analysis unit with work that ultimately was not connected to imminent threats.

A Justice Department inspector general’s report due out this month is expected to conclude that the FBI frequently violated the law with its emergency requests, bureau officials confirmed. [continued…]

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Dr Aafia Siddiqui goes on trial

Dr Aafia Siddiqui goes on trial

As Dr Aafia Siddiqui goes on trial in a federal court in New York City her case is unknown to most Americans yet in her native Pakistan the frail neuroscientist, mother of three and reputed al Qa’eda associate has become a cause célèbre.

Last week Pakistan’s Prime Minister Yousuf Raza Gilani said that he had been in direct communication with Pakistan’s mission in the United States for the provision of all possible assistance and cooperation for her release, News International reported. He said that the government had also engaged lawyers to defend her in the court.

At a pre-trial hearing last week the defence team rejected the charge of shooting at FBI agents since there were no fingerprints or other forensic evidence that she even picked up the gun, the Associated Press of Pakistan reported. “We’re not saying she did it in self-defence. We’re not saying it was an accident. We’re saying she simply did not do it,’ defence attorney Linda Moreno told US District Judge Richard Berman.

In The Guardian, Decan Walsh told the story whose plausibility will be weighed in the Manhattan courtroom. [continued…]

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Muslims say FBI tactics sow anger and fear

Muslims say FBI tactics sow anger and fear

The anxiety and anger have been building all year. In March, a national coalition of Islamic organizations warned that it would cease cooperating with the F.B.I. unless the agency stopped infiltrating mosques and using “agents provocateurs to trap unsuspecting Muslim youth.”

In September, a cleric in Bay Ridge, Brooklyn, sued the government, claiming that the F.B.I. had threatened to scuttle his application for a green card unless he agreed to spy on relatives overseas — echoing similar claims made in recent court cases in California, Florida and Massachusetts.

And last month, after an imam in Queens was charged with aiding what the authorities called a bomb-making plot, a group of South Asian Muslims there began compiling a database of complaints about their brushes with counterterrorism investigators.

Since the terror attacks of 2001, the F.B.I. and Muslim and Arab-American leaders across the country have worked to build a relationship of trust, sharing information both to fight terrorism and to protect the interests of mosques and communities.

But those relations have reached a low point in recent months, many Muslim leaders say. Several high-profile cases in which informers have infiltrated mosques and helped promote plots, they say, have sown a corrosive fear among their people that F.B.I. informers are everywhere, listening. [continued…]

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