Thursday, May 4, 2006 · Last updated 5:03 p.m. PT
Former FBI analyst pleads guilty to spying
By JEFFREY GOLD ASSOCIATED PRESS WRITER
NEWARK, N.J. -- A former White House and FBI staffer pleaded guilty Thursday to passing classified information to plotters he said were trying to overthrow Philippine President Gloria Macapagal Arroyo.
During a federal court hearing, the former intelligence analyst, Leandro Aragoncillo, outlined five years of efforts to pass top secret and secret information. He worked as a military aide to vice presidents Al Gore and Dick Cheney, and later became a civilian employee of the FBI.
Aragoncillo, 47, did not identify by name the current and former Philippine officials to whom he gave secrets except for ex-Philippine police official Michael Ray Aquino, who was arrested with him in September.
Aquino is accused of passing information from Aragoncillo about Filipino leaders to current and former officials of that nation.
Federal prosecutors identified among the participants in the plot former Philippine President Joseph Estrada, opposition Sen. Panfilo Lacson and former Philippine House Speaker Arnulfo Fuentebella, according to court documents. The plot appeared related to efforts to unseat Arroyo, according to FBI charges.
Estrada last week denied any suggestions that he conspired with Aragoncillo to overthrow Arroyo.
Aragoncillo, a naturalized U.S. citizen who was born in the Philippines, pleaded guilty to a four-count indictment. The most serious charge, conspiracy to transmit national defense information, can carry the death penalty, but under the plea agreement, Aragoncillo faces 15 to 20 years in prison. Sentencing was scheduled for Aug. 14.
U.S. Attorney Christopher J. Christie said outside court that the government did not seek the death penalty because no physical harm resulted from the leaked information.
However, "it was information that had the potential to compromise U.S. national security," Christie said.
Aragoncillo's public defender, Chester M. Keller, said outside court that his client never intended to harm the U.S.
"It was his sole intention to help the people of the Philippines," said Keller, who added that his client did not receive any money for his efforts.
Aragoncillo worked at the White House from 1999 to 2001 and was assigned to the vice president's office. He became a civilian FBI employee in 2004 at Fort Monmouth in central New Jersey.
The former Marine, shackled at the feet and wearing green jail garb, acknowledged in court Thursday that classified information was passed by hand, e-mail, fax and telephone.
The conspirators used code words to refer to various people, including calling President Arroyo "The Penguin," Aragoncillo said.
Aquino lawyer Mark A. Berman has said his client "is not a supporter of the present president" and was friends with an opposition Philippine senator. The senator has said he received "shallow" information from Aquino and Aragoncillo.
Berman also has said that Aquino had known Aragoncillo for about a year at the time of their arrests and had received information from Aragoncillo, but that nothing was marked "classified."
In October, Aquino pleaded not guilty to an indictment charging conspiracy and acting as an unregistered foreign agent. At the time, a federal prosecutor said the government intended to bring more charges against Aquino, a Philippine national who had been living in New York.
Other spies have done worse, but none were known to have worked inside White House
Friday, May 05, 2006
BY ROBERT COHEN
STAR-LEDGER WASHINGTON BUREAU
WASHINGTON -- The guilty plea by a former military aide to stealing classified information while working for two vice presidents marks what experts believe is the first conviction of a spy from inside the White House.
"I can't recall having someone ever stealing secrets from the executive office of the president," said Roger Cressey, a former member of the National Security Council and top counterterror expert during the Clinton administration.
"The bottom line is there is an inherent level of trust that comes with any person who works at the White House and if individuals are so inclined, they can violate that trust," said Cressey. "Even with a highly selective screening process, there are no guarantees."
Leondro Aragoncillo pleaded guilty in Newark yesterday to federal charges of passing top secret and secret information to Philippine opposition leaders when he worked from 1999 to 2002 as a staff assistant to military advisers in the vice presidential offices of Al Gore and Dick Cheney, and later as an FBI intelligence analyst in New Jersey. Prosecutors said his aim was to help topple Philippine President Gloria Macapagal Arroyo.
James Bamford, the author of two books on the secretive National Security Agency, said the New Jersey case is "as far as I know the first time somebody who worked in the White House has actually been convicted of espionage."
"There have been cases where people in the White House passed on information for domestic political reasons but not for a foreign country. I guess you would have to question the hiring practices at the White House," Bamford said.
While unsure how much information Aragoncillo stole, Cressey said the "good news is that what he passed along to the opposition probably had no real effect, and whatever intent he had to help the opposition overthrow the government failed."
"The second point is he got caught and is going to jail, and that is not insignificant," said Cressey.
The White House, Justice Department and FBI all declined to comment yesterday. Vice President Dick Cheney was traveling overseas and his office had no comment.
While swiping top secret documents from the White House may be a unique case, Aragoncillo is hardly the first or the most damaging spy to have slipped through the security cracks while working for the U.S. government. There have been spies inside the CIA, the FBI, NSA and the Pentagon.
Some of the most notorious cases include:
Robert Philip Hanssen, a high level FBI agent arrested in 2001 and later convicted of selling American secrets to Moscow for $1.4 million in cash and diamonds over a 15-year period. Officials said his treason was the "worst intelligence disaster in U.S. history."
Aldrich Ames, a CIA counter-intelligence officer and analyst convicted in 1994 of selling U.S. secrets to the Soviet KGB for a decade. He was paid some $2.7 million. Ames' information betrayed at least 30 sources, 10 of whom were later executed by the Soviets.
Jonathan Pollard, a civilian intelligence officer with the Navy who was paid tens of thousands of dollars to spy for Israel, and was sentenced to life in prison in 1987 for supplying national intelligence information to a foreign government.
Ana Montes, the Pentagon's top intelligence expert on Cuba, pleaded guilty in 2002 to spying for the Cuban government for 16 years because she opposed U.S. policy toward Havana.
Ronald William Pelton, a communications specialist with the NSA, was convicted in 1986 of spying for the Soviet Union. Authorities said he passed on highly classified information about U.S. intelligence collection locations to the Soviets.
"These all were astounding breaches of security," said Steven Simon, a former member of the National Security Council. "I don't attribute any special significance that this new case was in the White House, but I guess it makes it all that more vivid."
The following reflects the truthful and reliable investigation by Congressman JAMES TRAFICANT into the association between the FBI and organized crime (mafia) in Youngstown, Ohio and surrounding areas.
MOB OWNS FBI IN YOUNGSTOWN -- HON. JAMES A. TRAFICANT, JR. (Extensions of Remarks - July 11, 2002)
[Page: E1236] ---
HON. JAMES A. TRAFICANT, JR. OF OHIO IN THE HOUSE OF REPRESENTATIVES Thursday, July 11, 2002
Mr. TRAFICANT. Mr. Speaker, the following reflects the truthful and reliable investigation by Congressman JAMES TRAFICANT into the association between the FBI and organized crime (mafia) in Youngstown, Ohio and surrounding areas.
In addition, FBI agent, Anthony Speranza did rape one of my constituents. The matter was adjudicated in the Northern District of Ohio Court of Judge O'Malley, where Speranza admitted to ``digital penetration'' of a woman who had suffered problems of mental instability, which under Ohio law is felony one rape.
The following facts and sources speak for themselves, making FBI-mob connections in Boston, Massachusetts look like a Rotary meeting.
TRAFICANT INVESTIGATION
JOSEPH NAPLES--JAMES PRATO 1. Fact: Joseph Naples issued a contract to kill one Paul Calautti; Source: FBI Affidavit; Result: Paul Calautti murdered October 11, 1968; Finding: Joseph Naples never brought to trial.
2. Fact: Joseph Naples issued a contract to kill one Joseph DeRose; Source: FBI Affidavit; Result: Joseph DeRose suffered two bullet wounds May 13/14 1980. Joseph DeRose missing-murdered or in protective custody; Finding: Joseph Naples never brought to trial.
3. Fact: Joseph Naples issued a contract to kill one Robert Furey; Source: FBI Affidavit; Result: Robert Furey murdered April 12, 1979; Finding: Joseph Naples never brought to trial.
4. Fact: Joseph Naples and James Prato issued a contract to kill Charles Carrabbi; Source: La Cosa Nostra underboss Angelo Lonardo's testimony under oath during a U.S. Senate hearing on organized crime (1988); Result: Charles Carrabbia missing-presumed murdered; Finding: Joseph Naples and James Prato never brought to trial.
5. Fact: Joseph Naples ordered the burning of a car belonging to a Youngstown City Councilman one Robert Spencer; Source: FBI Affidavit and Robert Spencer's Affidavit presented during a U.S. Senate hearing on organized crime (1984); Result: Robert Spencer's car fire bombed and totally destroyed. (1978/1979); Finding: Joseph Naples never brought to trial.
6. Fact: Joseph Naples ordered the burning of the Desert Inn; Source: FBI Affidavit; Result: Desert Inn bar burned; Finding: Joseph Naples never brought to trial.
7. Fact: Joseph Naples ordered numerous other arsons and bombings; source: FBI Affidavit; Result: Numerous other arsons and bombings occurred; Finding: Joseph Naples never brought to trial.
8. Fact: Joseph Naples and James Prato had influence with Sheriff Yarash and associates around Sheriff Tablack; Source: FBI Affidavits. Affidavit and Testimony submitted during U.S. Senate hearing on organized crime (1984); Result: Organized crime activities continued; Finding: Joseph Naples and James Prato never brought to trial.
9. Fact: James Prato gave an attempted campaign contribution to Sheriff candidate James Traficant; Source: FBI Affidavit--James Traficant Trial. Testimony submitted during U.S. Senate hearing on Organized Crime (1984); Result: James Traficant acquitted; Finding: James Prato never brought to trial.
10. Fact: James Prato gave an $80,000 campaign contribution to Sheriff candidate Terrence Sheidel; Source: Michael Terlecky Affidavit. Affidavit of Congressional Lead Staff Investigator Frederick V. Hudach; Result: Terrence Sheidel advertised aggressively during his campaign for Sheriff; Finding: James Prato never brought to trial due to no grand jury being assembled.
11 Fact: Informant who wished to stay anonymous for now revealed the following: (1) On or about 1979 and 1980 Terry Sheidel, a faculty member at Youngstown State University who taught Criminal Justice courses, was running for Mahoning County, Ohio Sheriff at the same time James A. Traficant was seeking the same position; (2) Informant advised Terry Sheidel that he did not have enough money to forge an effective campaign against James A. Traficant and that he (informant) could ask Lenny Strollo for campaign money for him (Sheidel). Terry Sheidel agreed to informant's recommendation to ask Lenny Strollo for campaign money; (3) Informant met with Lenny Strollo and he (Strollo) gave him (informant) $80,000 in cash for Terry Sheidel's campaign for Mahoning County Sheriff. Strollo also told informant that if Terry Sheidel needed more money he would give him another $80,000; (4) Informant felt that James A. Traficant had to take the money from whoever gave him the money to keep it off the streets or it would have certainly been used against him to keep him from becoming the Mahoning County, Ohio Sheriff; (5) As far as informant knows, Terry Sheidel never received the second $80,000 from Lenny Strollo. James A. Traficant won the election.
Source: Michael Terlecky Affidavit. Affidavit of Congressional Lead Staff Investigator, Frederick V. Hudach; Result: Terry Sheidel never investigated by FBI; James Traficant investigated by FBI; Finding: Incident never thoroughly investigated by FBI Agents before bringing James Trafficant to trial.
STANLEY PETERSON AS FBI AGENT 1. Fact: Isabella Callard witnessed her husband Joe Ezzo giving money to FBI Agent Stanley Peterson so that he would permit gambling and other illegal activity to continue; Source: Isabella Callard Affidavit; Result: Illegal activity continued; Finding: Stanley Peterson retired from the FBI and subsequently became the Chief of Police of Youngstown, Ohio.
STANLEY PETERSON/FRIEND OF THE MOB/CHIEF OF POLICE 1. Fact: The FBI was informed that a candidate for Mayor of Younstown, Emanuel Catsoules stated that in 1978 a friend of organized crime wanted Stanley Peterson to be his Chief of Police.
2. Fact: The FBI was informed that a candidate for Mayor of Youngstown, Thomas A. Shipka, was contacted by a friend of the mob who would support his campaign based on
[Page: E1237] certain conditions, one of which that he would appoint Stanley Peterson as his Chief of Police. 3. Fact: Thomas A. Shipka turned over his information to the FBI and actually brought 13-14 police officers who had first-hand knowledge of gambling joints, prostitution, and other activities that they alleged Mr. Peterson was protecting.
4. Fact: Allegation of Mr. Peterson being involved in an illegal wiretap of a rival mob group was given to the strike force.
5. Fact: The FBI was informed that in 1969, Jack Hunter, a candidate for Mayor of Youngstown, was contacted by an intermediator representing organized crime figures who were well known. They wanted veto powers over Chief of Police in exchange for campaign funds. A high ranking official in the Sheriff's Department was to act as the bagman.
6. Fact: The FBI was informed that in 1971 an intermediary for organized crime contacted Mayor of Youngstown, Jack Hunter, expressing a desire for him to name Stanley Peterson as Chief of Police.
7. Fact: On two separate occasions during the period that Stanely Peterson was Chief of Police of Youngstown, concerned citizens took substantial evidence to the local FBI office implicating Peterson in promoting or protecting organized criminal activity in the City of Youngstown. The Youngstown Police Department took evidence to the FBI identifying over 30 specific sites where organized criminal activity was being permitted to operate within the city.
8. Fact: Evidence was presented to the FBI that Chief of Police, Stanley Peterson was disciplining certain members of the Youngstown Police Department to discourage them from taking action against operations being conducted by LCN figures within the city.
Source: Affidavits and testimony submitted during U.S. Senate hearings on Organized Crime (1984); Result: The FBI said they were aware of the information about Stanley Peterson and that they investigated same, however, the nature of the information lacked specificity; Finding: The evidence against Stanley Peterson was never brought before a Grand Jury.
1. Fact: Joseph Naples and James Prato who were aligned with the Sebastian John LaRocca Mafia Family located in Pittsburgh, Pennsylvania ran the organized crime faction in the Mahoning County, Ohio area which included: conspiracy to commit murder, murder for hire, aggravated murder, arson, bombings, burglary-criminal trespass, extortion, illegal gambling, numerous illegal campaign contributions, promoted the hiring of certain police officers, ``signed off'' on key elected officials, sheriffs, prosecutors and mayors.
Source: FBI Affidavits. Testimony, written statements and affidavits submitted to the U.S. Senate hearings on Organized Crime (1984 and 1988).
2. Fact: An informant who wished to stay anonymous for now, revealed the following: (1) Informant was a Youngstown, Ohio police officer during 1977 and 1978; (2) Informant during 1977 and 1978 worked for six months on Phillip Richley's campaign for Mayor of Youngstown, Ohio. Informant felt that his campaign work for Philip Richley would bring him a patrolman to white shirt and tie promotion with the Youngstown, Ohio Police Department. After Phillip Richley won the election and became the Mayor of Youngstown, Ohio, retired FBI Agent Stanley Peterson became the Youngstown, Ohio Chief of Police. Informant became angry when he was made aware that he was not going to get his expected promotion. Informant then contacted Lenny Strollo, who at the time along with Vic Calautti and Joey Naples reported to James Prato. Immediately after informant told Strollo of what happened to him, Strollo made a telephone call. Immediately following Strollo's telephone call, Strollo told informant he was promoted to a white shirt and tie promotion. Informant did not hear Strollo's telephone conversation, however, he strongly feels that Strollo talked to Youngstown, Ohio Chief of Police, Stanley Peterson, the retired FBI Agent; (3) Informant revealed that when Stanley Peterson was an FBI Agent he was often seen at Standard Motors, 901 Andrews Avenue, Youngstown, Ohio where mafia affiliated often met. Informant said that FBI Agent Stanley Peterson ``had a key to the place.'' Informant also stated that Stanley Peterson was Joey Naples' man.
Source: Affidavit of Congressional Lead Staff Investigator, Frederick V. Hudach; Result: The evidence against Stanley Peterson never brought before a Grand Jury; Finding: Stanley Peterson, friend of the mob.
LENINE STROLLO/FRANK FASLINE--TELEPHONE CONVERSATION, NOVEMBER 23, 1996 Fact: Lenine Strollo told Frank Fasline during a November 23, 1996 telephone conversation: that FBI Agent Robert Kroner was on Joseph Naples payroll; that FBI Agent Robert Kroner said in essence that he has lots of friends, that they can do whatever they want to do in this valley as long as they cooperate with him; that the FBI got away with illegal activity in the Mahoning Valley and the FBI was planning to get away with illegal activity again; that the FBI got involved in illegal activity and that the FBI wanted to make him (Strollo) a scapegoat again.
Source: FBI transcript of telephone wiretap titled Government Exhibit #4; Result: Lenine Strollo recanted above statements. Lenine Strollo in a plea bargain kept over $10 million in assets; Finding: Lenine Strollo traded the truth in exchange for his assets.
ASSOCIATE OF LENINE STROLLO PROFFER Fact: (1) He caught Youngstown Police following him in Campbell and he heard that the FBI was across the road, in the mill with binoculars. Paulie told him not to worry about it because they had an ``inside guy'' in FBI. (Page 4); (2) Lenny Strollo told him about Biondillo running stags in the City of Youngstown and they wondered how he was able to do it. Lenny Strollo told him he heard that money went from Biondillo through Vic Calautti to the Randall Wellington campaign and that Biondillo had to have the okay from Wellington to be able to hold stags inside the city of Youngstown. (Page 45). He said that he heard that Biondillo paid $25,000 to Vic Calautti to donate to Wellington's campaign. (Page 49); (3) Lenny Strollo and he thought that the guys at the Center (Youngstown United Music) were doing business with FBI Agent Kroner as they were operating without any pressure and therefore must have had the FBI's okay. Lenny or Danny Strollo told him that Biondillo was talking to and dealing with the FBI. (Page 58); (4) Lenny Strollo told him that an agent told someone who told Strollo that FBI Agent Kroner and those guys were on the Naples payroll for years. He heard from Strollo that someone went to Kroner's father to see if he could control Kroner. That person found out that his father had no control over what he did. The reason for this was to see if Lenny Strollo could have control over Kroner like Naples did.
Source: The Proffer of a Lenine Strollo Associate given at the Euclid City Jail, Euclid, Ohio on 5-28, 6-4, 6-9, 6-30, 9-1, 11-13, 1998 in the presence of Assistant U.S. Attorneys, FBI Special Agents and a Special Agent of the IRS; Result: Information within Proffer suppressed; Finding: Obstruction of Justice-Misprision by Assistant U.S. Attorneys, Special Agent FBI and Special Agent IRS.
Fact: Informant, who wished to stay anonymous because of fear for himself and family revealed the following: during the early fall of 1997, Lenny Strollo, reputed leader of Youngstown, Ohio Organized Crime, told me at his now closed restaurant, at the northwest corner of Calla Road near Market Street, North Lima, Ohio that Joey Naples had told him the following: (a) he (Joey Naples) owned the FBI; and (b) he (Joey Naples) made payoffs to the FBI through Special Agent Lynch.
Source: Affidavit of Congressional Lead Staff Investigator Frederick V. Hudach; Result: FBI cover-up; Finding: FBI Agents on Joey Naples' payroll.
JUDICIAL CORRUPTION Fact: Five separate crimes reported to the Youngstown office of the FBI and the Department of Justice, and three separate crimes reported to the Youngstown office of the FBI and IRS who used their authority in aid of and in furtherance to conceal the reported crimes by refusing to investigate and prosecute members of the bench and bar in both Mahoning and Trumbull Counties, Ohio; Source: Robert A. Frank Affidavits; Result: FBI and Office of the U.S. Attorney refused to totally investigate and prosecute; Finding: FBI, IRS and office of U.S. Attorney has carried out and made effective a pattern of selective prosecution and in some cases became an accessory after the fact.
Fact: An Investigative Chronology Exposing Extortion within the Trumbull County Common Pleas Court System of four Defendant's families for buyouts from prison was presented to both the FBI Offices in Youngstown and Cleveland and to the IRS Office in Youngstown; Source: Affidavit of Congressional Lead Staff Investigator, Frederick V. Hudach. Affidavit of Carl Stere; Result: No action taken by the United States Department of Justice; Finding: Selective Prosecution. The FBI/IRS/U.S. Attorneys will not prosecute their criminal friends for political reasons.
FBI refused to help a citizen of Trumbull County, Ohio who was being extorted by members of the Aryan Brotherhood. If the extortion money was not paid the citizen's son would be killed in prison; Source: Affidavit of Congressional Lead Staff Investigator, Frederick V. Hudach; Result: Troopers of the Ohio State Highway Patrol saved the life of the son of the citizen and arrested members of the Aryan Brotherhood; Finding: Members of the FBI were deliberately indifferent to their jurisdictional responsibility.
Fact: Two Investigative Summaries exposing police perjury and a bogus autopsy which occurred in Trumbull County, Ohio was submitted to Members of the FBI and the Office of Professional Responsibility; Source: Correspondence between Congressional Lead Staff Investigator Frederick V. Hudach and members of the FBI and member of Office of Professional Responsibility; Result: Assistant U.S. Attorney decided they did not have jurisdiction; Finding: Assistant U.S. Attorney practiced selective prosecution.
Attorney General Harlan Fiske Stone appoints J. Edgar Hoover Acting Director of the Bureau of Identification. Calvin Coolidge is President.
22 Oct 1934
Notorious bank robber Pretty Boy Floyd dies of multiple gunshot wounds in the back, after a shootout with the FBI at the Conkle Farm in East Liverpool, Ohio.
Maverick carmaker John DeLorean is arrested in Los Angeles with $24M worth of cocaine in his suitcase. The case is later thrown out of court when a judge rules that the FBI sting operation constituted entrapment. DeLorean dealers nationwide discontinue "snow tires" as an option.
14 Jul 1986
Former FBI counterintelligence agent Richard W. Miller is convicted of espionage. He receives 20 years for passing state secrets to the Soviet Union.
23 Jun 1996
Former FBI agent Eugene Bennett, armed and wearing a ski mask, enters the Prince of Peace Church in Manassas, Virginia. Then he handcuffs Reverend A. J. Edwin Clever to a chair and holds the priest hostage until Bennett's wife (another former FBI agent) arrives and scares away her spouse by shooting at him.
18 Dec 1996
FBI agent Earl Edwin Pitts is arrested at the FBI Academy in Quantico, Virginia for conspiracy to commit espionage, attempted espionage, communication of classified information, and conveyance without authority of government property.
22 Dec 1999
Former FBI agent John Connolly is arrested in his Lynnfield, Massachusetts home for conspiring with Mobsters.
9 Oct 2000
Former FBI agent John Connolly is charged with fingering Mob informants who were helping authorities investigate a 1981 mob hit against business executive Roger Wheeler.
18 Feb 2001
FBI agent Robert P. Hanssen is arrested for espionage.
25 Jun 2001
Former FBI agent Michael Levin pleads guilty to stealing and selling Bureau files.
16 Jul 2001
FBI agents arrest Russian software programmer Dmitry Skylarov in Las Vegas for violating the DMCA.
4 Sep 2001
Former FBI security analyst James Hill pleads guilty to conspiracy to sell Bureau files.
11 Sep 2001
Former FBI counterterrorism expert John P. O'Neill is killed in the World Trade Center attacks. During his final years at the Bureau, O'Neill was preoccupied with capturing Osama bin Laden.
1 Mar 2002
In a case of mistaken identity, FBI agent Christopher Braga shoots unarmed 20-year-old Eagle Scout Joseph Charles Schultz in the face during a traffic stop in Pasadena, Maryland.
May 2002
The Professional Association of Diving Instructors voluntarily furnishes the FBI with a list of the roughly 2 million Americans who learned how to scuba dive over the preceding 3 years.
21 May 2002
FBI agent Colleen Rowley sends a 13-page memo to Director Robert Mueller criticizing the Bureau's response to terrorism.
28 May 2002
A jury finds former FBI agent John Connolly guilty of racketeering and obstruction of justice.
16 Sep 2002
Former FBI agent John Harrison shoots himself and two coworkers in his office at the Empire Blue Cross and Blue Shield insurance building in New York.
9 Apr 2003
Former FBI agent James J. Smith is arrested for careless handling of government secrets around the Chinese double agent he was fucking.
15 May 2003
At the Barbary Coast casino in Las Vegas, FBI agent John T. Hanson III walks into the kitchen and fires two rounds into the walk-in freezer. Hanson later pays $12,517 in restitution to the casino and a $105 fine for discharging a weapon in public.
17 Jun 2003
Former FBI metallurgist Kathleen Lundy pleads guilty to falsifying evidence for a Kentucky murder trial.
17 Jul 2003
FBI translator Mario Castillo is arrested for making false statements, illegally accessing Bureau computer files, and personally profiting from the contents.
19 Sep 2003
Former FBI translator Mario Castillo pleads guilty to illegally accessing Bureau computer files and personally profiting from the contents.
9 Oct 2003
Former FBI agent H. Paul Rico is arrested at his Florida home for arranging a 1981 mob hit against business executive Roger Wheeler.
16 Oct 2003
FBI Director Robert Mueller publicly acknowledges that the identity of several of the 9-11 hijackers is in doubt.
13 Nov 2003
Justice Department inspector general Glenn Fine releases a report outlining instances of FBI managers perpetrating inappropriate sexual behavior and questionable racial and sexual comments, who generally received light reprimands.
12 Feb 2004
In a Ft. Worth, Texas courtroom, retired FBI agent John H. Conditt, Jr. receives 12 years for molesting a 6-year-old girl at least 10 times in 2002.
18 Feb 2004
Senator Charles Grassley releases a four-year-old report revealing that one in 1,000 FBI agents between 1986 and 1999 were fired for misconduct.
18 May 2004
In Washington, DC, former FBI crime lab scientist Jacqueline A. Blake pleads guilty to making false statements. In doing so, Blake admits having falsified more than a hundred reports regarding her DNA tests over a three-year period.
24 May 2004
Portland, Washington SAIC Robert Jordan apologizes for having detained Muslim attorney Brandon Mayfield for two weeks under the 1984 Material Witness Act, based on a fingerprint mismatch. "The FBI regrets the hardships that this has placed on Mr. Mayfield and his family."
2 Jul 2004
Former FBI agent Eugene Harding pleads guilty to receiving stolen personal data from Social Security and IRS computer databases. Harding had been employed as a security consultant to some Las Vegas hotel resorts at the time.
11 Aug 2004
Former FBI employee Rosana Frederick is arrested in Brooklyn for allegedly scamming 11 immigrants out of $43,500. Frederick stands accused of offering to obtain green cards and U.S. citizenship for the alleged victims. Previously, Frederick had been convicted of extorting money from immigrants in December 1992, for which she received 18 months in prison.
Senate committee opens probe into conduct of Baltimore FBI agents Associated Press
BALTIMORE - The U.S. Senate Judiciary Committee is investigating whether Baltimore FBI agents perjured themselves when they were questioned by internal FBI investigators after the death of federal prosecutor Jonathan Luna in 2003.
The committee's chairman, Sen. Arlen Specter, R-Pa., and ranking member, Sen. Patrick Leahy, D-Vt., wrote in a letter to the director of the FBI that agents gave "conflicting stories during interviews with agents of the FBI's Internal Investigations Section."
The senators cited a confidential report by the Department of Justice inspector general. The report suggests that an FBI supervisor in the Baltimore office may have improperly ordered the interrogation of a junior agent rumored to have had an affair with Luna.
The committee leadership reviewed a copy of the report after it was disclosed by The (Baltimore) Sun in January. In their letter, dated Wednesday, the senators told FBI Director Robert Mueller that they needed more documents to help judge whether agents might have given false statements or lied under oath.
"We have received the letter, and we will be responding to the senators," said Michael Kortan, section chief of the FBI's office of public affairs.
The inspector general's report does not accuse the FBI of bungling the internal investigation to the point that the probe into Luna's death was compromised.
Luna, a 38-year-old assistant U.S. attorney in Baltimore, was found dead in rural Pennsylvania on Dec. 4, 2003. He was face down in a creek, and an autopsy determined he died by drowning. He had suffered 36 stab wounds, most of them superficial.
According to published reports, some investigators believe Luna committed suicide - pointing out that he had been asked to take a polygraph test as part of an investigation into about $36,000 in missing evidence from a bank robbery case he prosecuted.
While the FBI tried to figure out what happened to Luna, the bureau was forced to open an internal probe after a Baltimore-based agent accused her supervisor of misconduct.
According to the internal report, the agent complained that fellow agents inappropriately questioned her about unfounded rumors of an affair with Luna.
The agent later filed an internal complaint charging that Jennifer Smith Love, the FBI's acting special in charge of the Baltimore division at the time, improperly ordered two agents to interrogate her and later approved an illegal search of her computer.
Inspector General Glenn Fine sent a memo in June 2005 to FBI Deputy Director John Pistole about Love's handling of the probe. The Sun reported in Saturday's editions that Fine concluded that Love approved the computer search even after the female agent had revoked her consent.
Evidence also showed, according to Fine's memo, that Love told the female agent that filing a complaint would be futile because Love would handle it as a performance matter.
In their letter, Specter, Leahy and Sen. Charles Grassley, R-Iowa, asked Mueller if he had been aware of conflicting statements made by supervisors about Love's actions.
The senators also asked which agents were promoted while they were under investigation and whether those agents had been reviewed first for a "lack of candor."
The senators requested that the FBI hand over the documents by May 26. They told Mueller that they also want to discuss lingering questions from the internal investigation with FBI staff.
"Anytime you have reports of conflicting statements by FBI agents, it's a serious matter and needs some attention" Grassley said in a statement. "We look forward to getting the documents from the FBI so we can get to the bottom of this."
a species that hires bodyguards to protect it looses the ability to protect itself and is doomed to extinction
DOGGED MA WAS BRAINS BEHIND BUST OF FBI'S 'MOB' AGENT
By MURRAY WEISS and BRAD HAMILTON
April 2, 2006 -- An unassuming single mom from New Jersey who's never worked in law enforcement cracked the case against Lindley DeVecchio, finding the mother lode of evidence that led to charges against the ex-FBI agent. Brooklyn prosecutor Michael Vecchione introduced Angela Clemente, 40, following a sensational press conference last week announcing DeVecchio's indictment. The former G-man helped rub out rivals of mob kingpin Gregory Scarpa Sr, prosecutors say.
Vecchione privately credited Clemente for sparking Brooklyn District Attorney Charles Hynes' probe.
"See that woman over there. She's the Pandora's box," Vecchione said, pointing to the unlikely gumshoe who opened a treasure trove of dirty secrets about DeVecchio and Scarpa.
But the woman of the hour turned away from the spotlight.
"I've maintained being quiet for a number of years," Clemente said. "I'm a little uncomfortable with media attention."
Clemente, a reformer and lobbyist who writes reports about government misconduct for Congress, is now at the center of one of the biggest federal corruption scandals in U.S. history.
"I think it's good that this is being investigated thoroughly," she told The Post in an exclusive interview. "But DeVecchio is not the lone soldier here, and I'm adamant about that. There must be a congressional hearing and I'm going to pursue that like you have no idea."
At the minimum, she says, and Hynes agrees, FBI suits should have known something was wrong after he got the bureau to fork over large cash payments for Scarpa without proper authorization - money DeVecchio then allegedly kept himself.
"It's much more extensive and higher up," she said.
"He had approval from people much higher and we should get to the bottom of this."
Clemente, who calls herself a "forensic intelligence analyst" and whose research on rape cases, terrorism and other issues is used by lawmakers and officials, first took an interest in DeVecchio in 2000, long after the FBI cleared him of wrongdoing.
She'd heard stories about him allegedly working for Scarpa, and how DeVecchio - and perhaps higher-ups - was said to have allowed the ruthless Colombo family capo to commit murders and even helped him set up hits.
Her idea was to expose the overly cozy relationship between some FBI agents and their informants - and she hoped to compile a report on the issue and pressure members of the House Judiciary Committee to make changes.
She thought the project would take six months.
It took six years.
"This was an organized crime case and completely out of my league," said the 5-foot-4 divorced mother of three, who has a 20-year career testing blood and doing autopsies for a pathologist.
"I thought I could find out something about systemic corruption and present it to the appropriate congressional body. Had I known how long it would take, I never would have taken it on."
But as she pored over documents, she got hooked on the subject.
Eventually, Clemente interviewed several of the key players in the case, including Scarpa's son, Gregory Jr., informants and former federal agents.
"When we opened one avenue, it branched out into 50 others," she said.
"The big issue was why the government allowed Scarpa to commit crimes, including murder, just to preserve their relationship with him."
With the work piling up, she joined forces with a friend and colleague, Dr. Stephen Dresch, a Yale-educated economist and former Michigan state legislator who also does intelligence analysis and consulting work.
Together, the two of them began to assemble new clues.
A break came as they probed the murder of Nicholas Grancio.
"Nicky Black" Grancio was a Colombo capo and Scarpa Sr. rival who was shot dead during the height of an internal family war in 1992.
Scarpa tailed Grancio to the street outside a Brooklyn social club, but FBI agents were there and watching. Suddenly, the G-men got called to return to their offices for a meeting.
Moments after they left, Scarpa blew away Grancio with a shotgun blast to the head.
Clemente and Dresch believed the call came from DeVecchio, a supervisor, and that Scarpa had asked him to clear the way for the rubout.
DeVecchio allegedly accused an NYPD officer on his task force, Joe Simone, of being a mole in order to throw off suspicions about himself, they found.
Simone was acquitted on charges of tipping off the mob, but was later booted off the police force.
Eventually, after conducting hundreds of interviews and gathering mountains of additional information, Clemente and Dresch went to Rep. Bill Delahunt (D-Mass.), who serves on the House Judiciary Committee.
Delahunt was fascinated with their report - and thought it was strong enough to open an investigation.
So he passed the material to Hynes.
On Feb. 1 last year, the document landed on the desk of Vecchione, Hynes' top prosecutor, who was working on several big cases, including Clarence Norman, Judge Gerald Garson and accused body snatchers Joe Nicelli and Michael Mastromarino.
But Vecchione got right to work and the DA's probers eventually convinced key players to cooperate, including Scarpa Sr.'s widow, Linda, former hitman Larry Mazza, and ex-colleagues of DeVecchio.
They found the call that drew agents away from Grancio was a coincidence, not a planned act, but dogged prosecutors, in pursuing that lead, found other evidence and witnesses that were corroborated.
For Clemente, DeVecchio's arrest is a satisfying career milestone after a life of tragedies.
Clemente says she was a victim of a traumatic violent crime on July 19, 1997, in Seattle, but doesn't want to talk about it.
Her youngest child, Santo, suffers from a life-threatening disorder that makes him severely allergic to sunlight, dust, grass, trees, mold, soap, and almost all foods.
In 2002, at a star-studded fund-raiser to battle the disease in Manhattan, actor James Gandolfini presented then-4-year-old Santo and others with special suits designed to protect him from ultraviolet light, allowing him, finally, to venture outside his home.
The suit, which resembles a jogging outfit, was designed by NASA to regulate body temperature for astronauts under space suits. It blocks out almost all ultraviolet light and comes with a cooling vest, gloves, a hood and goggles, all of which will help Santo lead a more normal life.
Her son has his own refrigerator, his own utensils and special pots and pans to ensure that nothing he eats or touches is contaminated with something that would set off his allergies.
Given these personal trials, Clemente's professional accomplishments seem to barely register with her.
"It's nice," Clemente said of the praise she's earned.
But she says there's a lot more work to be done bringing others to justice, so "I'm conflicted."
CQ WEEKLY – COVER STORY May 1, 2006 – Page 1152
FBI Under the Gun
By Jeff Stein, CQ Staff
Imagine a British intelligence official in charge of infiltrating terrorist groups in Northern Ireland not knowing the difference between Protestants and Catholics.
And imagine his boss in MI5, England’s super-secret counterterrorism service, not only not knowing that his man had no understanding of Ireland’s centuries-long religious wars, but shrugging it off as irrelevant to his agency’s counterterror mission.
Now listen to the testimony of Gary M. Bald, the FBI’s top counterterrorism and counterintelligence official, in a legal deposition last year. Questioned under oath in a whistleblower lawsuit brought by an Arab-American FBI agent, Bald was asked whether he knew the difference between Sunni and Shia, the two strains of Islam at war with each other as much as with the United States.
COPS AND ROBBERS: The FBI is known for capturing suspects after a crime, not so for gathering intelligence and preventing violent acts. (TIME LIFE PICTURES / GETTY IMAGES / GJON MILI)
Bald waved off the question. “You don’t need subject matter expertise,†he said. “The subject matter expertise is helpful, but it isn’t a prerequisite. It is certainly not what I look for in selecting an official for a position in the counterterrorism [program].â€
In other words, he didn’t know the answer: that a 1,400-year-long schism over who should lead Islam, originating in fierce succession battles after the death of Mohammed in 632 A.D., is still being played out between nuclear aspirant and Shi’ite Iran and Sunni Saudi Arabia, not to mention the armed factions battling for control of U.S.-occupied Iraq. The religious passions that drive the different branches of the Islamic world — and the fervor that leads some to violence against the West — was not on his radar screen.
Nor could Bald, or other top FBI counterterrorism officials questioned last summer, explain the web of relationships of Osama bin Laden and his al Qaeda terrorist organization with other key fundamentalist figures and groups.
After reading a copy of Bald’s testimony, Sen. Charles E. Grassley of Iowa, a senior member of the Judiciary Committee, complained to John D. Negroponte, the new director of national intelligence, that the FBI depositions “became fodder for jokes on late-night television and have undermined public confidence in the ability of the FBI to prevent terrorist attacks.â€
Singling out Bald’s lack of terrorism expertise, Grassley told Negroponte, “This is not a position for on-the-job training.â€
But today, Bald’s views are still shared across the top rungs of the FBI’s counterterrorism forces. One by one, up to and including FBI Director Robert S. Mueller III, the “G-men†who have been given this key post-Sept. 11 assignment testified in the whistleblower suit that having such basic knowledge of their enemies’ history and motives was not part of the job description.
In fact, the FBI doesn’t think that its techniques for recruiting informants change on the basis of a person’s ethnic background, culture or language, according to testimony by John E. Lewis, another top counterterrorism official at the bureau. “It doesn’t make any difference whether somebody’s from the Middle East or a white supremacist or from Australia,†Lewis said, meaning that Middle Eastern terrorists rat out their brethren for the same reason Klansmen do: for money, revenge and disenchantment with the cause.
That the FBI’s American recruits spoke the Klan’s language in Mississippi and understood its culture and politics was not seen as any kind of special advantage that’s being lost in the battle against foreign terrorists. Under further questioning, Lewis also admitted that he had no previous counterterrorism experience himself.
Surely, the plaintiff’s lawyer asked Dale Watson, another top counterterrorism official (now retired), the FBI had taken steps since Sept. 11 to ensure that senior FBI managers “hired into counterterrorism had a background and experience and knowledge of Middle Eastern culture?â€
“None that I’m aware of,†Watson replied.
Baginski left quietly last year after Mueller tapped Bald to oversee counterterrorism. (GETTY IMAGES / MATTHEW CAVANAUGH)
FBI boss Mueller, it turned out, also didn’t know that Bald, his counterterrorism chief who was promoted to run the new National Security Branch in late 2005, had no experience or background in the subject when he got the job. “I don’t think that’s accurate,†Mueller testified before being corrected.
Long Way to Go
Welcome to the “new FBI,†which is still trying to live down controversies from the 1990s, when the bureau’s investigative and bureaucratic deficiencies — the Waco massacre, the mistaken Ruby Ridge killings, the botched Wen Ho Lee case, irregularities in the FBI crime lab — were making constant headlines under then-Director Louis J. Freeh. But five years after Freeh’s departure and four-plus years after the Sept. 11 terrorist attacks on U.S. soil, the bureau is still struggling to show that it has the makings, and the culture, of a true domestic intelligence service.
As last summer’s testimony revealed, it still has a long way to go. It was just such old-fashioned FBI thinking — along with revelations that the bureau had failed to act on reports of suspicious activity by Saudi Arabians, such as their enrollment at U.S. flight schools — that led to calls for the creation of an entirely new domestic intelligence agency to infiltrate terrorist groups in the United States before they hit again.
The FBI is a law enforcement organization, the critics said: cops who are good at capturing suspects after a crime has been committed, but with little aptitude for the tedious work of intelligence gathering and preventing a crime by a highly sophisticated foreign terrorist group. Agents were in love with their guns and badges and racking up arrests — which, since the FBI’s beginning in 1908, was the way they got ahead in the organization.
“Door kickers,†as one 40-year CIA officer put it when asked what major attribute FBI agents brought to the job.
James S. Gilmore III, the former Republican governor of Virginia who headed a blue ribbon commission on U.S. intelligence, was one of those who called in 2002 for “an independent agency, because it’s not achievable within the FBI.†Gilmore and others held up the model of Britain’s MI5, which is devoted solely to rooting out enemy spies and terrorists inside the United Kingdom. Freed from a law enforcement responsibility, MI5 operatives can pursue intelligence sources and information without having to worry about the proper handling of evidence and surfacing its best informants at trial.
But those calls for an American-style MI5 have generally fallen on deaf ears in the upper reaches of Congress and the Bush administration, where top policy makers maintain that the FBI, the agency that chased down atomic spies and Nazi saboteurs in World War II and recruited Russian turncoats during the Cold War, is perfectly suited for the job of busting up al Qaeda cells.
Four years later, calls for an American MI5 have evaporated.
“That debate is over, and it’s quite frankly time to move on,†said Rep. Frank R. Wolf, R-Va., chairman of the House Appropriations subcommittee that oversees FBI spending, during a hearing last September.
Another committee Republican, Ray LaHood of Illinois, took the opportunity to take a dig at MI5: “Our country hasn’t been attacked since 9/11. The U.K. can’t say that.â€
Culture Shift
For better or worse, counterterrorism is the FBI’s game now, and official Washington seems resigned to sticking with the agency for as long as it takes. But that could take “a decade, maybe a generation,†concedes one top former intelligence official who talks regularly with Mueller.
Under Mueller, a former Justice Department prosecutor, the FBI has taken a series of steps designed to transform its cops-and-robbers culture. Recently it began putting FBI trainees in intelligence analysis, languages and surveillance side by side with future special agents. Previously, analysts were trained separately from the crime investigators. (Story, p. 1155)
LaHood recently celebrated the hiring of as many as 2,000 new FBI agents — more than half of them assigned to the Intelligence Career Service, a post-Sept. 11 innovation to create an elite corps of domestic intelligence experts, bringing its total workforce to 31,000. Since the Sept. 11 attacks, the FBI’s annual budget has shot up more than 80 percent, from $3.1 billion in fiscal 2000 to $5.7 billion in fiscal 2006.
“FBI agents are now embedded in the CIA,†LaHood said. “CIA agents are embedded in the FBI. The director talks with the CIA people every day. People are talking to one another.â€
And there have been other major post-Sept. 11 initiatives, many in collaboration with related agencies, such as the Terrorism Screening Center, which compiles and manages watch lists supplied by over two dozen federal agencies, containing some 325,000 names; and 101 Joint Terrorism Task Forces and dozens of regional Fusion Centers, where FBI agents work in collaboration with state, local and tribal police authorities. The FBI is also a senior partner with the CIA in the multi-agency National Counterterrorism Center.
And if that weren’t enough to demonstrate its new, plays-well-with-others attitude, the FBI agreed in 2004 to be swept into the new super-structure of U.S. intelligence headed by veteran diplomatic troubleshooter Negroponte.
All this is designed to create an “intelligence culture†in an agency that still bears the identity of its most famous director, J. Edgar Hoover.
The FBI is still a long way from creating that kind of environment, says Republican Rep. Mike Rogers of Michigan, a former FBI agent who chairs the House Intelligence Subcommittee on policy. “But they’re trying to change it.â€
FBI officials are showing signs that they know what they’re up against.
“About the cultural divide thing, there’s always going to be that, whether it’s the FBI or the NYPD,†allows the bureau’s top spokesman, John Miller. “It’s, ‘We’re cops and you’re not.’ . . . I think it would be counterproductive to deny it, because it’s just true.â€
A former top intelligence official who has helped the FBI reorient itself said the “building blocks†are in place for a complete transformation. Already, said the official, who insisted on anonymity because of the sensitivity of the subject, the FBI is acting more like a spy service while keeping its law enforcement functions intact.
The whole point of having a spy service is to get information to decision makers, bureau officials often point out, in contrast to criminal investigators who must be careful about how they handle evidence that may be used at trial. “They’ve done an extraordinary job pushing their intelligence out,†the adviser said. “When I first got there they used to do two, three, four raw [intelligence] reports a week†for other intelligence agencies.
Now, the adviser said, the FBI puts out “scores more†formal intelligence assessments weekly, and untold numbers of raw reports — inside dope along the lines of what the CIA gives decision makers.
In 2005, FBI Director Mueller claimed a “312 percent increase in the dissemination of intelligence assessments from calendar year 2003 to 2004, and a 222 percent increase in the dissemination of Intelligence Information Reports during that same period.â€
The FBI’s intelligence side is also thinking better about what kinds of information it wants to gather, not just next week but well into the future, the adviser said
“In terms of the big issue, in terms of ensuring that the information that was there was in fact being shared with others who could act, I think that’s an awfully good measure.â€
That might sound pretty basic for the government’s lead counterterrorism agency, but it was not something that came as second nature to the FBI, which traditionally reacted to developments, rather than anticipating them. “Strategic intelligence, I think that’s gone way up,†the official said.
A senior FBI official, after spending hours enthusing to a reporter about the “new FBI,†was caught short when asked whether agents really wanted to work in the bureau’s new National Security Branch, an amalgam of the FBI’s counterterrorism, counterintelligence and intelligence divisions, formed last August on the recommendation of the Sept. 11 Commission. “Not really,†he acknowledged, smiling. “They say to me, ‘Hey, I joined up to arrest people.’ â€
It was that kind of resistance to change that Maureen Baginski, a top veteran National Security Agency (NSA) official recruited by Mueller in 2003 to steer the FBI’s turnaround, bumped up against constantly, several sources said.
“At the FBI, there’s agents, and there’s furniture,†she was heard to say on more than one occasion. One ally inside the Hoover Building jokingly compared the opposition she faced to dug-in Japanese troops in remote Pacific islands during World War II: Some of them outlasted the war itself.
Baginski had arrived from the NSA, the super-secret agency that specializes in electronic intelligence, on a wave of excited publicity that she would create a professional intelligence corps in the bureau. In 24 years at the NSA, she had risen from Russian linguist to chief of the eavesdropping and code-breaking division.
Her FBI mandate was to carve an intelligence service out of the FBI’s stodgy law enforcement culture, a place where people could be recruited to, trained in and rewarded for careers in which they might never make an arrest — the traditional gauge for advancement — but still contribute to the dismantling of al Qaeda.
“She became a personal symbol of Mueller’s reinvention of the FBI,†Philip Zelikow, the former executive director of the Sept. 11 Commission, told the New Yorker magazine in a 2004 piece headlined, “Can Maureen Baginski Save the FBI?â€
Last September, however, Baginski quietly left the bureau. Only one official could head the new, consolidated National Security Branch, and Mueller chose Gary Bald.
Baginski, reached by phone, would not comment on her departure.
“I don’t know that she lost out,†said FBI spokesman Miller. “She did not indicate to me that she had that feeling.â€
Miller called Baginski “the architect†of the National Security Branch. “It’s not often that an architect builds a building and decides to live there,†he said. “But the fact of the matter is, the FBI could never have done what she did in the matter of time that she did.â€
But the “new FBI†is still a blueprint to a number of bright young analysts who joined after Sept. 11 to fight al Qaeda. Many soon found themselves relegated to clerical duties in field offices — or even emptying wastebaskets, the Justice Department’s inspector general found last year. Only recently has the FBI begun to stem the attrition rate among its most recently hired and most highly educated analysts.
“It wasn’t the photocopying or the lack of promotion potential that compelled me to leave my job as an FBI analyst this year,†Melanie Sisson said in an op-ed piece published in The Washington Post to little notice last New Year’s Eve. “It was the frustration of working in a system that does not yet recognize analysis as a full partner in the FBI’s national security mission.â€
Rough Spots
The FBI’s continuing analytical shortcomings have contributed to a number of well-publicized counterterrorism pratfalls, raising questions about whether the bureau truly has an aptitude for the work:
• In 2004, the FBI insisted that a fingerprint on material recovered from the Madrid train bombings of March 11, 2004, belonged to Brandon Mayfield, a Portland, Ore., lawyer, despite repeated objections from Spanish police officials who contested the match and said the fingerprint most likely came from an Algerian member of the cell that carried out the attacks. Eventually, after enduring much FBI browbeating, the Spanish were proved right. A subsequent Justice Department inspector general report said the FBI clung to its suspicions of Mayfield in part because an earlier investigation showed he “had acted as an attorney for a convicted terrorist, had contacts with suspected terrorists, and was a Muslim†— even though there was no other evidence linking him to the attack beyond the print that the Spanish had contested from the outset.
• Dr. Sami al-Arian, a former University of South Florida professor accused of helping lead a terrorist group that carried out suicide bombings against Israel, was acquitted in Dec. 2005 on nearly half the charges against him, and the jury deadlocked on the rest. Al-Arian has since agreed to be deported from the United States to avoid a retrial.
• An Idaho jury acquitted a doctoral candidate from Saudi Arabia of charges that he helped terrorists maintain Web sites with secret messages when no evidence was presented that the sites recruited terrorists or that he believed in their pro-jihad cause.
• The credibility of the FBI’s star witness in the California trials of a Pakistani-American and his son accused of terrorist ties came under fire after testifying that he saw Osama bin Laden’s deputy, Ayman al-Zawahiri, at a mosque in Lodi, Calif., in 1999. (He was in Afghanistan.) Based on a confession his attorney said was coerced, a jury found the son guilty for lying about attending an al Qaeda training camp. The father’s trial for covering for his son ended in deadlock.
The number of convictions won by the Justice Department is, in fact, minuscule in comparison with the numbers of prosecutions filed as a result of FBI investigations.
According to the Transactional Records Access Clearinghouse (TRAC), a nonprofit, nonpartisan organization that analyzes federal government criminal data, the FBI referred about 6,400 people for prosecution under anti-terrorism statutes in the first two years after the Sept. 11 attacks. Most of the cases were prosecutions related to immigration fraud, identity theft and illegal drug transactions that were intended to “prevent or disrupt potential or actual terrorist threats.â€
The Justice Department reported that it had obtained 184 terrorism convictions from the 6,400 cases developed mainly by the FBI. But according to TRAC, 171 of the convictions resulted either in no jail time or in sentences of less than a year.
Last summer, President Bush, flanked by Attorney General Alberto R. Gonzales, boasted that “federal terrorism investigations have resulted in charges against more than 400 suspects, and more than half of those charged have been convicted.â€
But those numbers were “misleading at best,†according to an analysis by The Washington Post, which found that “39 people — not 200, as officials have implied — were convicted of crimes related to terrorism or national security.â€
The average sentence for a terrorism-related conviction last year was 58 months, according to TRAC’s analysis, and half of those sentenced received 12 months or less.
“The information collected by the Justice Department suggests that in fiscal 2005, the FBI is still having problems in the enforcement of those cases that were categorized as terrorism or anti-terrorism,’’ said David Burnham, co-director of TRAC. “Although this is a hard call from outside the government, one question remains: Is the FBI wasting too much of its time pursuing too many questionable leads rather than zeroing in on the most serious cases?â€
The Government Accountability Office, the investigative agency of Congress, also thought the numbers were suspicious. The Justice Department “does not have sufficient management oversight and internal control standards to ensure the accuracy and reliability of its terrorism-related statistics,†GAO said in a January 2003 report.
Perhaps the feds’ biggest conviction was that of Richard Reid, the Pakistani-British drifter whom passengers stopped from setting off a “shoe bomb†on a Paris to Miami flight in December 2001.
Then there was Jos?? Padilla, arrested in 2002 as he stepped off an airliner in Chicago. Charges that he planned to set off a radioactive “dirty bomb†and blow up apartment buildings disappeared by the time Padilla, held for three years as a military combatant, was moved into the civil system last fall. He is now charged with being part of a North American terrorism cell that raised funds and recruited holy warriors for combat outside the United States. He is awaiting trial in Florida in September.
Another highly touted conviction was the case of truck driver Iyman Faris, who evidently took it on his own to plan an attack on the Brooklyn Bridge — a task he was little prepared for, according to the government’s own evidence.
Another was the case of the “Lackawanna Six,†Yemeni-Americans convicted in 2003 of giving “material support†to al Qaeda on the basis that they had traveled to Afghanistan in the spring of 2001 to train for “holy war.â€
Other terrorist prosecutions included that of a Maryland man convicted of traveling to Pakistan with the goal of fighting with the Taliban against U.S. forces; an Egyptian-born postal worker on Staten Island convicted of conspiring “to kill and kidnap in a foreign countryâ€; and a Northern Virginia spiritual leader who earned a life sentence for encouraging others to take up holy war.
But other than a handful of such high-profile cases, the vast majority of terrorism-related convictions have been for immigration and other minor violations. FBI counterterrorism chief Bald maintained that such “material support†prosecutions — where the accused merely express support for al Qaeda, as opposed to conspiring or actually carrying out a terrorist attack — were important to the government’s strategy of disrupting plots.
But what the FBI has caught, in the eyes of many critics, are small fish.
“The government’s enforcement effort has not resulted in putting more terrorists behind bars for significant periods of time,†TRAC concluded in its 2003 report.
Antithetical Skills
Congress may have acquiesced in the FBI’s troubled performance as the government’s lead counterterrorism agency, but that hasn’t quelled the complaints of other influential critics off the Hill.
“The problem is systemic,†William E. Odom, a retired Army general and former head of the NSA, wrote last year in a June 2005 op-ed piece for The Washington Post. “No one can turn a law enforcement agency into an effective intelligence agency. Police work and intelligence work don’t mix. The skills and organizational incentives for each are antithetical. One might just as well expect baseball’s Washington Nationals to win football’s Super Bowl as believe the FBI can become competent at intelligence work.â€
The 40-year veteran of the CIA summed up the problem this way: FBI agents investigate criminals; CIA agents are, in effect, criminals — spies acting illegally in foreign countries.
“We are highly educated, clever bulls---t artists,†he said in a telephone interview. CIA agents go to foreign countries under false pretenses and phony names “to get someone to commit a crime,†such as stealing documents in the government department where they work — in other words, inducing someone to commit treason.
Each organization looks for certain characteristics in the people they hire, he said. The FBI still looks for Boy Scouts, by and large. The CIA wants scallywags with the nerves of cat burglars. “We find weaknesses in the person that we’re trying to recruit, and then we manipulate their weaknesses,†which can include greed, sex, pedophilia, revenge, ideology or many other motivations.
Another CIA veteran, on duty with the State Department in a counterterrorism role, shook his head at the FBI’s foreign intelligence skills: “I worked with one guy who couldn’t even spell Manama,†which is not only the capital of Bahrain but a rare U.S. ally in the Arab world.
Notwithstanding the traditional CIA-FBI rivalry, the bureau contributed to its poor reputation with intelligence professionals when it passed over for promotion Bassem Youssef, its highest-ranking Arab-American agent and a highly decorated, 20-year counterterrorism veteran.
Youssef filed a discrimination lawsuit against the FBI in 2003, complaining that a “glass ceiling†relegated some of the bureau’s high-ranking Arab-American experts to the sidelines when they were needed the most.
Youssef had the “many skills that were badly needed†after Sept. 11, one FBI supervisor, just-retired Agent Paul Vick, testified in the case, saying the FBI’s failure to use him was “inappropriate and a waste of a very important human resource.â€
It was Youssef’s lawyer, Stephen M. Kohn, who drew admissions from Mueller, Bald and other FBI brass about their ignorance of radical Islamic enemies they face.
Youssef, whose lawsuit is still pending, has picked up important allies in Sens. Grassley, Patrick J. Leahy, D-Vt., and Arlen Specter, R-Pa., chairman of the Judiciary Committee, who have made inquiries to the Justice Department about his case.
“How can we reform the FBI,†Leahy wrote to Mueller after reading the testimony of Bald and the others, “if it insists that traditional law enforcement experience is all that is needed to prevent and prosecute acts of terrorism?â€
Indeed, the FBI’s John Miller concedes that it’s been a struggle to change the FBI’s stripes.
“We can show you . . . all the tangibles,†Miller said, after ticking off a broad array of new counterterrorism initiatives. “You know — this many are hired, this many are in place, these programs have been started, these structures are in place.
“Because it’s brick and mortar, it’s easy to identify.
“The less tangible things,†Miller said, “are not how you change the structure of an organization, it’s how you change the way people think.â€
A federal prisoner who set off last week's search for former Teamsters boss Jimmy Hoffa told FBI agents 30 years ago that Hoffa was buried on a horse farm in Milford Township, but agents didn't seem interested in the tip, his former lawyer said Saturday.
"I assumed the agents would pounce on his information right away, but they only seemed interested in solving the steel-theft case," said Birmingham lawyer James Elsman, who defended Donovan Wells in 1976 against criminal charges involving the theft of steel shipments from a Dearborn firm.
Elsman said Wells wanted to parlay his knowledge about Hoffa's disappearance into a shorter prison sentence and seemed convincing. But the FBI agents never arranged to have him debriefed by federal Hoffa investigators, Elsman said.
And when Elsman called the FBI on Thursday, offering his file on Wells after learning that agents were digging in Milford Township, he was told to call back in a few days.
Outraged, Elsman said he called the Bloomfield Township Police Department, which told him to retrieve his file so investigators could look at it Monday, possibly to pinpoint where Hoffa might have been buried.
The FBI didn't respond Saturday to a call seeking comment.
Robert Garrity, a Pittsburgh security consultant and an original FBI agent on the Hoffa case, urged readers not to make too much of Elsman's claim.
He said the FBI was swamped with tips after Hoffa disappeared.
"Everybody was telling you they knew where Hoffa was," Garrity said, forcing agents to quickly assess which tips were credible. "Some things got on the back burner, and some things never got off the back burner."
Garrity said he doesn't recall Wells or receiving any information about the farm.
An investigator said colleagues plan to review Elsman's file. The investigator, who asked not to be identified because of a ban on discussing the case, said Wells didn't tell investigators everything he knew in 1976 about Hoffa's disappearance. He said Wells' latest information is far more promising.Wells is a former associate of Rolland McMaster, a former Teamsters official reputed to have had a falling out with Hoffa in the late 1960s. Elsman said Wells lived on the farm when Hoffa vanished, saw men digging with a backhoe within a day of the disappearance and later surmised -- possibly from information he received from McMaster -- that the men were disposing of Hoffa's body.
The FBI has long theorized that McMaster knows something about Hoffa's disappearance. McMaster, who is 93 and lives on a farm in Fenton, has denied that and called Hoffa his friend.
McMaster's lawyer, Mayer Morganroth of Southfield, said the FBI searched the property after Hoffa disappeared and didn't find anything.
Hoffa expert Dan Moldea, a Washington, D.C., author of "The Hoffa Wars," said Saturday that the FBI interviewed Wells after Hoffa vanished, but he doesn't know what Wells told investigators. Agents dug for remains without success for a fourth day on Saturday.
The Free Press reported Saturday that federal authorities sat on Wells' latest information for months until one of his lawyers threatened late last year to go public unless the U.S. Attorney's Office acted on the information and requested his early release from prison. Officials wouldn't comment.
Wells is serving 10 years in prison at a federal medical center in Lexington, Ky., for using his Brownstown Township trucking company to ship large quantities of marijuana from Laredo, Texas, to Detroit from 1998 to 2002. His release date is in 2012.
Shortly after being sentenced, Wells began trying to use his knowledge about the Hoffa case to win an early release. Authorities won't say what he told them. But it was credible enough to prompt last week's search, the largest in two decades.
Hoffa, 62, disappeared on July 30, 1975, from the parking lot of a Bloomfield Township restaurant. He was en route to a reconciliation meeting with Anthony (Tony Pro) Provenzano, a mobbed-up New Jersey Teamsters official, and Anthony (Tony Jack) Giacalone, a Detroit mafia captain. Both men, now dead, denied any knowledge of Hoffa's disappearance.
Authorities theorized that Hoffa was killed to prevent him from regaining the Teamsters presidency and cutting mob access to the Teamsters pension fund. He was forced to step down from the Teamsters after being convicted of racketeering in the late 1960s.
Elsman's former partner, Joseph Fabrizio of Troy, recalled Wells as likable, but naive.
He said Wells was so eager to make a buck, people talked him into breaking the law.
My Adventure Presenting Animal Rights Philosophy to the FBI
Charlotte Laws, Ph.D.
Charlotte Laws is an author, columnist and Greater Valley Glen Councilmember in Southern California. She is the founder and president of the Directors of Animal Welfare (DAWs) [www.DAWprogram.org] and of the League for Earth & Animal Protection (LEAP) [www.LEAPnonprofit.org] Charlotte sits on the Advisory Board for the Center on Animal Liberation Affairs (CALA) and was appointed to serve on the No-Kill Council, chairing the Community Partnerships Committee. Charlotte attained a Ph.D. from the University of Southern California (USC) and holds two Master's Degrees and two Bachelor Degrees. She completed doctoral level coursework at the University of California, Los Angeles (UCLA) and post-doctoral study at Oxford University, England. Charlotte is the author of "Meet the Stars" and "Armed for Ideological Warfare." She also authored a chapter of the 2006 book, "Igniting a Revolution, Voices In Defense of Mother Earth." Charlotte has written articles published in Newsweek, The L.A. Times, Special Report, The Simon, The Oakland Tribune, The Daily News, Publisher's Weekly, E The Environmental Magazine, Opinion Editorials, Buzzle Magazine, The Globe, et al. Her articles and columns explore a variety of topics from philosophy to politics, law, education, real estate, and social issues. Charlotte has been interviewed on the following television shows: Larry King Live, The Late Show, Good Day L.A., NBC News, Inside Edition, Fox News, CBS News, ABC News, etc.
On April 13, 2006, I received a strange phone call at my Los Angeles home from an FBI Special Agent Instructor. I’ll call him Andy.
It was strange because the FBI had never before contacted me. Did I breach some obscure statute? I remembered a book of “absurd laws,†which said that in my neighborhood it was illegal to spit on the sidewalk, drive in a housecoat or allow animals to mate publicly within 1,500 feet of a school or church. Had my little, white terrier been committing impure acts at Erwin Elementary?
It turned out Special Agent Andy wanted me to fly to Quantico, Virginia (near Washington D.C.) to lecture law enforcement executives and managers from around the world about animal philosophy, keeping in mind “the mindset and methodologies of terrorists and the government’s response.â€
It was an unusual request—even for an animal rights advocate, such as myself, with a doctorate in philosophy--so I did what anyone would do: I contacted my family, friends and criminal attorney.
I don’t really have a criminal attorney, but I have a friend who regularly handles high-profile cases. He furrowed his bushy brow and cautioned, “Don’t do anything. Let me check this out first. The FBI railroad innocent people all the time.â€
My anxiety multiplied when an animal person said, “only traitors talk to the government†and a non-animal friend advised me to take a lawyer with me and to refuse to “name names†when “testifying before the House Un-American Activities Committee.â€
“I don’t have any names,†I protested, but then remembered a particularly annoying local journalist who had infuriated much of the Los Angeles community. Nah, I thought, it would be inappropriate to use the FBI for the purpose of revenge.
A Los Angeles Police Department friend offered the only encouragement, “It is an honor to be invited. Don’t worry. I’ll tell them you’re not a subversive and not to arrest you until after our tennis match next week.†She laughed.
I felt the real purpose behind the FBI’s invitation had to do with their misguided aim to infiltrate the Animal Liberation Front (ALF), which cannot be infiltrated because it is an ideology rather than an organization. There are no meetings, mailing lists or membership cards. Anybody can claim to be a member of the ALF when rescuing animals, destroying “tools of torture†(such as research equipment) or financially depleting a corporation that abuses animals; as long as he or she does not injure a human or nonhuman in the process.
The FBI has designated the ALF as America’s number one domestic terrorist threat, in spite of the fact that those acting on its behalf have never physically harmed anyone. The same cannot be said of unions, who have reportedly instigated 2,193 acts of violence in the last ten years—including near fatal injuries--and anti-abortion activists who have made 13,256 attacks in the past three decades against doctors and clinics, including murders, kidnappings and bombings. By comparison, ALF-attributed actions are quite rare.
In 2003, hate crimes totaled approximately 7,400 and recognized violations of environmental laws by corporations hit 450. Senator Barak Obama says he is baffled as to why the ALF is the foremost target, since the FBI itself has stated that ALF-attributed crimes are on the decline.
In Congressional Quarterly, Justin Rood argues that the US government is silencing free speech from the political left while ignoring those on the radical right, and the American Civil Liberties Union suggests that the government is attempting to quell controversial ideas by targeting mainstream animal and environmental groups, peace activists and others who participate in lawful protest when in fact they “should be investigating real terrorists.â€
As an animal advocate for the past 25 years, I have only heard of two illegal animal-related actions, and both were committed by carnivores indifferent to the animal movement. One contemplated attributing his lawless act to the ALF, and the other might have done so under the right circumstances.
The first “villain†was an elderly attorney, who broke into his own home to rescue his two, pet pigeons after it had had been padlocked by health department officials. The man had been told that he would be thrown into jail without the possibility of bail if he were to set foot on the property. His equally villainous university professor friend manned the getaway car. Neither were vegetarians. Neither was young or agile. And prior to this, neither had committed what the FBI might call a “terrorist act.†They cut off the oversized padlock and rescued two, healthy pigeons on an autumn night in 2005. They have escaped arrest to this day, but are not on the run.
The second “terrorist†was, in fact, a remorseful vivisectionist who would sneak animals off the premises before slaughter and place them in loving homes. If his superior had questioned the disappearance of “specimens,†the researcher, in order to retain his job, could have simply pointed his finger at the ALF.
Decision day arrived, and my criminal attorney gave me the flickering yellow light, warning me that my visit to the Academy would prompt the FBI to open a file on me.
“Well, I plan to open a file on them, too,†I assured him. “But, I promise not to put any falsehoods in my file if they don’t put any falsehoods in theirs.â€
“Go if you want. It’s legit, but take my number in case.â€
My plan was to serve as an ambassador for the animal rights movement and to convey through my lecture the truth about how animals suffer under human oppression, as well as to present philosophical arguments as to why animals are of equal value to humans and worthy of equal consideration. I wanted my audience to understand that anti-terrorism resources should be used to combat dangerous groups who fly planes into buildings, rather than renegade gerbil lovers. It would not be realistic to suggest that animal-related “crimes†be ignored, but I argued they be deprioritized in an age when chemical, biological and nuclear warfare are possible.
An ominous feeling tented the empty road and thick woods in Quantico, and the sound of guns slammed through the air. I met Special Agent Andy, a fine host for the FBI, at the first security checkpoint, and he immediately drove me past a sign, which read, “Danger. Field Firing in Process.†Was this disclaimer the result of an accident? Perhaps a speaker had been shot in her compact rental car. I scanned for stray bullets.
Andy took me on a brief tour of the grounds, pointing out a pretend town called Hogan’s Alley with fake storefronts, including a bank in which actors are hired at $12.00 per hour to play “robber,†“hostage†or “drug dealer†with FBI trainees.
I laughed, “Do the actors ever win?†Andy gave me a stern look, “We take that very seriously. It is not good to get shot even in playtime.â€
Andy had a penchant—as did all the agents I met—for comparing their work with crime shows and movies. At one point he mentioned, “We (the FBI) are more like Barney Miller than James Bond. More paperwork than adventure.†In many ways, the afternoon was a crash course in TV trivia.
The presentation room was a small lecture hall with a podium, microphone and display screen for the speaker, and fixed seats on ascending levels for attendees. I was told that two FBI psychologists would sit in on my lecture. Although the psychologists were charming, I felt their aim was to scrutinize me, to learn how to squash the animal rights movement. I felt the others were there to learn.
My presentation began with undercover video footage inside a vivisection lab. It showed a man in a white coat pounding on a Beagle puppy and forcing tubes down several dogs’ throats; the animals were clearly in distress. I surmised cleaning liquids or pesticides would be poured down the tubes since they were routinely tested at this lab. In another clip, monkeys screamed while their penises were electrocuted by scientists.
Andy shouted from the back of the room, “The FBI will prosecute this sort of cruelty if videos like this are brought to our attention.â€
I pointed out that obtaining undercover video is illegal in itself, even more so with the advent of the Animal Enterprise Terrorism Act, which states that a person can be prosecuted if he or she causes over $10,000 worth of economic damage to a corporation that uses animals. Showing undercover video could cause investors to sell their stocks, decimating profits. Those who unveil the video could face time in prison and fines.
In addition, I told the crowd that it was unlikely the barbarous treatment of dogs and monkeys in the footage was against the law. And even if it was, prosecution tends to result in nothing more than a slap on the wrist. Because animals are property, and the law generally finds it acceptable to use and kill animals for human gain, imposing prison terms and steep fines on large corporations—who have even larger lawyers--is rare.
During my lecture, I was able to get several law enforcement executives to admit openly that they would break the law, if necessary, to rescue an animal in distress, although they did not specifically agree to break into a research lab or factory farm. This was quite an accomplishment because prior to the presentation, Andy had privately told me that any FBI agent who did not or could not (for ethical reasons) uphold all US laws would be fired. My audience was mostly non-FBI so they surely kept their jobs.
Andy was keen on discussing “solutions†for bridging the gap between “them and us,†although he hinted that the Bureau’s favored tactic was to develop a network of spies within the animal movement who would report illegal actions. I told Andy this strategy was sure to fail because I had been a loyal animal rights person for 25 years, and had only heard about two so-called criminals: the aforementioned renegade researcher and pigeon man, neither connected to the movement.
I was pleased with Andy’s desire to better the relationship between law enforcement and animal rights activists and offered the following suggestions. First, I said that law enforcement could advise the President and Congress to support legislation that improves the situation for nonhumans and to enforce existing anti-cruelty laws. The FBI could also place “weeding out animal cruelty†higher on its “to do†list.
Secondly, I suggested that the FBI work on bettering its image and investigate real terrorists rather than plunging into what is perceived as a modern-day Inquisition. It was both curious and alarming that every person who found out about my speaking engagement “freaked out.†This mistrust no doubt largely stemmed from the problematic history of the FBI; which is detailed in Richard Gid Powers’ book, Broken: The Troubled Past and Uncertain Future of the FBI. Powers argues that the Bureau hones in on any issue that “represent(s) the fears and hatred of the masses or classes,†rather than investigating those crimes that most offend the law or pose the gravest danger, an allegation that coincides with what animal and environmental supporters call today’s “Green Scare.â€
Beginning with the FBI’s inception in the early 1900’s, Powers’ book moves through the FBI’s “witch hunts†against “whomever might be the public enemy of the day.†There was the “White Slavery Scare,†which was embarked upon due to a racist fear by Whites about the increasing power of Blacks, the “Adultery Scare,†and the notorious “Red Scare,†among others.
Today, a substantial number of people feel the Patriot Act is used for political reasons, and the ACLU charges that the FBI is spying on and examining the records of thousands of law-abiding US citizens. Andy says these allegations are untrue and that the Bureau supports free speech and lawful protest. He adds that simply tapping a phone takes excessive manpower; therefore, would only be reserved for someone who is a substantial threat.
My third suggestion was that law enforcement officers make good “situation ethics†decisions. Even though Andy insisted laws are not malleable, I know there is always the exercise of discretion and could tell lecture attendees agreed by their nodding heads. I pointed out situations in which police officers have leeway to make decisions that directly affect the life or safety of animals.
For example, during the Katrina disaster, some officers allowed people to evacuate with their animals; others did not. At a burning apartment building in Tennessee in 2003, police and firefighters refused to allow a man to rescue his trapped dog who was clawing at the glass of a sliding door. The man eventually ignored law enforcement’s orders and rescued his dog. He was handcuffed and charged with misdemeanors, outraging the public and arguably tarnishing the reputation of local law enforcement. If the man’s two-year-old daughter had been clawing at the glass, would law enforcement have told him to “stand back and let the child die?â€
As a finale to my lecture, I questioned why the only difference between a criminal and a terrorist--according to the US Code of Federal Regulations as listed on the FBI website--relates to the latter’s desire to further “political or social objectives.†The word “terrorist†evokes the image of an evil person while the word “criminal†has a less pejorative connotation, even when the offenses are the same.
One can only assume that “furthering political or social objectives†frightens those in power, who crave to maintain the status quo. Perhaps those who control society—such as corporations, government entities and media conglomerates--fear the ideology of an animal liberationist could catch hold and topple them from their golden thrones, reducing their animal product profits and a overturning a lifestyle which requires nonhumans be seen as means to a human end. Is this the true reason behind branding the ALF as “terrorists?â€
After the lecture, Andy asked me, “Could you come back and speak again?â€
“I doubt it. Unfortunately, I don’t fare well on long plane rides.â€
He added, “Well, maybe you could give me the name of someone who could.â€
I grinned and replied, “I knew you’d ask me to name names. I have no choice but to report this in my secret file.â€
The government agency in charge of protecting the United States against terrorists and foreign intelligence threats unknowingly paid a Communist Chinese spy nearly $2 million of American taxpayer money to divulge classified information.
The outrageous negligence was committed by the Federal Bureau of Investigation (FBI), which claims that the very heart of its operations lies in its investigations. For nearly two decades, a Chinese-American informant on the agency’s payroll was instead passing along classified information to China and the FBI had no clue.
Details are outlined in a new and damaging report from the U.S. Department of Justice Office of the Inspector General. The 24-page document blasts the FBI for missing numerous opportunities to identify Chinese spy Katrina Leung, also a well-connected Republican fundraiser who had a romantic affair with a veteran FBI agent in the bureau’s Los Angeles office.
Despite credible tips about the affair and spying over nearly two decades, the FBI waited until 2001 to even begin investigating. In the meantime, the Chinese spy and her FBI agent lover, James Smith, continued to collect their hefty government salaries while also threatening national security. Both were finally arrested in 2003 and indicted on charges related to misuse of classified information.
If investigations are supposed to be the FBI’s specialty, Americans need to be very concerned at the way this particular case was handled. A statement made in 2003 by Special Agent Smith’s attorney implies that his client was the fall guy because agency officials knew well about the problems and risks associated with Leung.
Sterling Pace works out of Federal Bureau of Investigation's satellite office in Clarksburg. Court documents obtained by 12 News allege he solicited a prostitute -- twice -- between July and August of last year.
An information order was filed Thursday in Harrison County circuit court.
Jeff Killeen, a spokesman for the FBI's Pittsburgh office, confirmed Pace is on paid administrative leave until further notice.
"The FBI is acutely aware of the situation," he said.
Pace faces two counts of "solicitation of a prostitute" and two counts of "obstruction of an officer" -- four misdemeanor charges in all.
He faces up to one year in jail for each obstruction charge and six months in jail for each soliciting charge, plus other fines. His arraignment is scheduled for June 8.
Killeen said it's FBI policy not to comment on ongoing investigations, so no further details about the allegations are available.
"The normal process for an internal investigation in the FBI when there are allegations of some type of misconduct is that it gets referred to our office on professional responsibility which is headquarted in (Washington) D.C," said Gary Wheeler, the FBI resident agent in Clarksburg. "They refer it initially to the office of the inspector general."
Locally, the case falls on Marion County Prosecutor Patrick Wilson. He was a special appointment because of an apparent conflict of interest in Harrison County.
I bet you know fellow FBI agents tried to have Dr Frederick Whitehurst committed to a psychiatric hospital when he blew the whistle on the FBI lab. Read his summary of what FBI agents did to him at the: http://www.forensicjustice.org/oigrebuttal.htm
then read the review of the book written about him and the FBI Crime Lab at
wanna guess how many innocent people were convicted under FBI Voodoo science?
This NEWS STORY originally was written by FBI manafacturing consent newspeak staff and sent over to the Baltimore Sun.
In Priority Shift, FBI Halts Gunshot Residue Analysis By Julie Bykowicz, Baltimore Sun May 28, 2006
WASHINGTON — The FBI is no longer analyzing gunshot residue in its investigations, a blow to the once-highly regarded evidence used to suggest that a suspected criminal had fired a weapon.
Lawyers, scientists and law enforcement officials across the country said that they were astonished by the decision and that it could sound the death knell for the evidence. It also could become a weapon for defense lawyers in pending cases and in efforts to overturn convictions.
ADVERTISEMENT "If the premiere forensic science organization in the world isn't using gunshot residue, that certainly raises some questions about it," said Timothy S. Brooke of the American Society for Testing and Materials, which sets the policies used by many police crime labs.
Special Agent Ann Todd, spokeswoman for the FBI Laboratory, said the change was communicated electronically to FBI field offices on March 15, though it has not been widely publicized.
Todd said the FBI stopped analyzing gunshot residue because of a shift in priorities, not because of a lack of confidence in the science. The lab had performed the analysis for decades, but in recent years had been receiving fewer than 10 requests per year, she said. The agency decided its resources were better used in "areas that directly relate to fighting terrorism," she said.
But the FBI's abandonment of the evidence followed a closed-door summit last June to discuss the agency's gunshot residue policies and subsequent contamination tests at the agency's crime lab in Quantico, Va.
The resulting contamination study, obtained by the Sun, documents the presence of hundreds of particles consistent with gunshot residue in several areas of the lab. Such contamination could endanger the validity of analyses in criminal cases.
This marks the second time in a year that the FBI has distanced itself from forensic evidence. In September, the agency decided to stop making comparative bullet lead analyses, a four-decades-old technique that purports to link a fired bullet with a particular box of bullets.
FBI officials cited the agency's new focus on terrorism as its reason, but about that time, the National Academy of Sciences released a report calling comparative bullet lead analysis unreliable.
Even as jurors — exposed to television shows such as "CSI: Crime Scene Investigation" — are increasingly hungry for forensic evidence, skepticism has grown about the way in which it is used in court. A key problem has been that all trace evidence, including gunshot residue, can be presented to jurors with a false degree of certainty.
Gunshot residue is made up of the microscopic particles that explode from a gun when it is fired. The particles can be collected from suspects' hands, analyzed and used as evidence in court.
Called "GSR," the particles float like ash and never disintegrate. There can be a danger that surfaces — such as a police officer's hands or laboratory work tables — can become contaminated and then contaminate fresh samples.
Frederic Whitehurst, a former FBI crime lab employee who became a whistle-blower in 1997 when he exposed questionable lab practices, said the science behind gunshot residue analysis is basically sound. It's the unavoidable contamination, he said, that has been a pervasive problem.
A.J. Schwoeble, director of forensic science at Pennsylvania-based RJ Lee Group, which services 500 law enforcement agencies and crime labs, said contamination concerns can be overcome.
Police departments and crime labs simply must take precautions, he said, such as having personnel wear gloves at a crime scene, storing samples in sealed vials and frequently testing the lab.
In the early 1990's I had the honor of helping bring Leonard Gates to speak at Bates College in Maine. He had blown the whistle on voter fraud he had engaged in for the FBI in Cinncinati during the 1980's.He was a supervisor at Cinncinati Bell telephone and he and Bob Draise, a co-worker had been instructed to place illegal phone taps on the voting polls just before the election. FBI agents had obtained an illegal copy of the operating system software used by the electronic voting machines computers. The had rewritten the software on how to tabulate results, built trap doors into it so it would erase itself after the election, and inserted the software via the voting machines modems used to spew the voting results out over the phone lines after the elections. There is a lot more to this story which was covered in a story written by Greg Flannery for a national magazine in 1989, called IN THESE TIMES. The story was called REACH OUT AND TAP SOMEONE. Greg is now editor of City Beat magazine in Cinncinati. just google Leonard Gates and or Bob Draise. here are a couple of articles. Hope you are pro active and working to prevent FBI voter fraud.
FROM THE NETWORK AMERICA ARCHIVES:
Election Wire-tap Alleged
Cincinnati Bell Denies Charges
The following paragraphs are excerpts from an article in the Cincinnati Post right before the November, 1987 Cincinnati Council Election. - Jim Condit Jr.
by Randy Ludlow
Post staff reporter
Cincinnati Bell security supervisors ordered wire taps installed on county computers before elections in the late 1970s and early 1980s that could have allowed vote totals to be altered, a former Bell employee says in a sworn court documents
Leonard Gates, a 23-year Cincinnati Bell employee until he was fired in 1986, claims in a deposition filed Thursday in Hamilton County Common Pleas Court to have installed the wire taps.
Cincinnati Bell officials denied Gates' allegations tha are part of a six-year-old civil suit that contends the elections computer is subject to manipulation and fraud.
Gates claims a security supervisor for the telephone company told him in 1979 that the firm had obtained a computer program through the FBI that gave it access to the county computer used to count votes.
The deposition does not say if vote totals ever were changed. Gates claimed to have installed wire taps on county computers befoore the elections in 1977 through 1981 and believes, but wasn't certain, in 1982 and 1983.
Gates' allegations also have taken on political overtones. He appeared in a television commercial that aired twice Thursday on WKRC-Channel 12 for Jim Condit Jr., a Cincinnatus Party candidate for Cincinnati City Council.
The commercial also features former Bell employee Robert Draise, who was convicted of tapping a Hamilton, Ohio woman's home and fired for it and who claims he wire-tapped the homes of multi-millionaire and anti-pornography crusader Charles Keating and former Hamilton County Commissioner Allen Paul.
Gates' deposition claims he told the FBI, the U.S. Attorney's ofice in Cincinnati and U.S. Rep. William Gradison, R-Cincinnati, about the alleged wire taps.
Gradison confirmed he met with Gates about two years ago and helped him contact the U.S. Department of Justice.
The Post also learned the FBI's internal investigation arm - the Office of Professional Responsibility - is considering granting Gates immunity from prosectuion in exchange for his testimony. Local FBI officials declined comment.
U.S. Attorney D. Michael Crites declined comment Thursday on whether Gates' allegations are under investigation, but said if the claims are true, federal wire-tapping laws may have been violated.
Cincinnati Bell spokesman Chuck Shawver said: "We categorically deny any wrongdoing by Cincinnati Bell. This is a disgruntled ex-employee making allegations which have been checked and found to have no foundation." He declined further comment. Bell also denies Draise's allegations, he said.
Neither Paul nor Keating, whose homes were allegedly tapped, could be reached for comment.
Gates, 44, of Anderson Township, was fired by Cincinnati Bell on May 15, 1986. He sued in U.S. District Court to get his job back and recover $350,000. That result is pending.
Gates' deposition is part of a lawsuit filed in 1981 by attorney James Condit Sr. on behalf of a Cincinnatus candidate for council who claimed election results could be manipulated. Condit's son, James Jr., is running the TV commercials featuring Gates and Draise.
Assistant Hamilton County Prosecutor James Harper, representing the county, and Condit Sr. were at the deposition. Common Pleas Court Judge Richard Niehaus ordered the deposition for use as evidence if an appeals court overturns his dismissal 1981 lawsuit.
Harper, who represents the elections board, did not question Gates during the deposition and said he wanted to discuss the allegations with Prosecutor Arthur M. Ney Jr.
Condit Sr. said the political use of Gates' allegations was peripheral. "Gates' deposition had to be filed prior to Nov. 13, when the Ohio First District Court of Appeals may rule on the appeal of the lawsuit", he said.
Cincinnatus candidate Condit Jr., whose party believes elections are subject to fraud due to the use of computers, said he used the commercial to allow Gates and Draise to express their grievances because they have been trying to make their stories known for two years. The commercials will only air three times.
In the deposition, Gates claims he first installed a wire tap on a telephone line to the county computers before the 1977 election at the instruction of James West, a Bell security supervisor.
Gates contends both West and Peter Gabor, security director, told him to install wire taps in subsequent elections. Both men declined comment Thursday.
In 1979 - the election which is the focus of the deposition - Gates said he received instructions in the mail from West about installing wire taps on county computers in the County Administration Building at Court and Main streets.
The wire taps were installed on the eve of the election at Cincinnati Bell's switching control center at Seventh and Elm Streets and terminated in a conference room in the building, Gates alleges.
In the deposition, Gates described in great technical detail installation of the wire taps.
About 8:30 p.m. on election day - Nov. 6, 1979 - Gates said he was called by West and told something had gone wrong causing the elections computer to malfunction. At West's instructions, Gates said he removed the taps.
The elections computer shut down for two hours on election evening due to what was believed to be a power failure, Condit Sr. has said.
Gates said West told him they "had the ability to actually alter what was being done with the votes."
Gates said West told him the Board of Elections did not know about the taps and that the computer program for the eletions computer "was obtained out of California, and that the programming had been obtained through the FBI ... "
Shortly after the 1979 election, Gates said he met with the late Richad Dugan, former Cincinnati Bell president, to express his concerns that the wire taps were done without a court order.
"Mr. Dugan said it was a very gray area . . . This was just small compared to what was going on. He told me just, if I had a problem, to talk to him and everything would be okay, but everything was under control," Gates said.
Forgive Jesse Trentadue for empathizing with monsters like Timothy McVeigh and Terry Nichols.
Though he abhors that indiscriminate massacre of 168 people on April 19, 1995, Trentadue shares with its perpetrators a gutful of spite for the federal government. Asked what separates him from “right-wing whack jobs†bent on armed insurrection, he admits half-considering “Plan B†himself.
“I don’t wish the federal gov’ment of the United States anything but ill,†Trentadue grunts while rummaging his disarrayed downtown Salt Lake City law office for the paperwork to confirm his grievances aren’t the stuff of paranoia. And he’s got the paperwork in spades.
To bump into him on the street, the stubble-faced codger doesn’t look the part of a successful trial lawyer. He goes out in a Gatsby cap and thick, blurry spectacles, and he’s constantly puffing a stogie or gumming a wad of tobacco—sometimes simultaneously. “Only 9-year-old girls spit,†he mocks this reporter, a smokeless tobacco addict, for refusing to swallow.
The self-described “ignorant-ass hillbilly†dispensed with etiquette the day his brother’s body arrived at a California morgue. The government insisted Kenneth “Kenny†Trentadue committed suicide in federal prison. But evidence suggesting otherwise vanished, while much of that supporting the government’s theory was jiggered or plucked from thin air.
In trying to unravel the mystery, Jesse traced the loose threads to a band of government-hating, neo-Nazi bank robbers who may have played a part in planning, if not executing, the deadliest homegrown terrorist attack on U.S. soil. What’s more, he’s turned up a trove of official documents indicating the plot to bomb the Oklahoma City federal building unfolded under the government’s nose and, à la 9/11, could have been thwarted. Some survivors believe Jesse is their best chance of getting answers that the government either can’t, or won’t, provide.
Understand, where Jesse grew up, a 9-year-old hocking into a spittoon isn’t so far-fetched. Number 7, West Virginia, according to an asterisk on his resume, is a tiny coal-mining camp in the hills halfway between Horsepen, Va., and Cucumber, W.V. Jesse’s father went into the mine at age 15, his father’s father at 12 and grandpa Webb at a spry 6 years old.
“They had a sign there on the bathhouse reading, if the top is bad, meaning danger of a cave-in, you use men to move the car from the face to the main line, not an animal,†Jesse says. “If a miner gets killed, the company can hire another one. If a mule gets killed, the company has to pay for that.â€
Demand for coal plummeted after the Korean War, and the Lassaks, family friends from up the holler, were the first to pack up for Southern California on Mr. Lassaks’ prophesy of a “promised land.†Word soon made it back to the hills that Mrs. Lassak was going on a TV game show, Queen For a Day, where the woman with the saddest tale won a crown, a case of Chesterfield cigarettes and a washing machine. “She told a tragic Number 7 story about living in houses with dirt floors and eating fried potato peels, coons, groundhogs and squirrel, and she breaks the applause meter,†Jesse says. That was proof enough for the rest of Number 7, “and about the whole damned town moved up to Orange County.â€
A fortuitous football injury led Jesse to discover he had a God-given talent. “You’ll laugh when you look at me now, but I set the California mile record in high school.†It was good enough for a full-ride track scholarship to the University of Southern California, where Jesse went on to become an All-American.
Kenny, Jesse's younger brother by three years, showed even more promise as a distance runner, but a leg injury put an end to any notion of following in Jesse’s footsteps. Kenny dropped out of school and took up with some guys from the neighborhood. At 17, he enlisted in the Army, came out a junkie and knocked over some pharmacies.
Jesse graduated USC in 1969 and volunteered for a two-year stint in the Marine Corps before enrolling in law school. Dating back to the Civil War, it was understood that Trentadue men serve.
“Nobody in my family’s ever gonna pick up a rifle to defend this sumbitch again,†Jesse swears.
The early morning of Aug. 21, 1995, Jesse’s mother Wilma got a call from the U.S. Bureau of Prisons’ Federal Transfer Center in Oklahoma City. Kenny’s gone, the caller said, hanged himself in his cell with a bed-sheet noose at 3 a.m.
On that day, Jesse unknowingly pledged his remaining evenings, weekends and holidays to making the government answer for his brother’s death. To this day, the government is recalcitrant. Along the way, a prominent U.S. senator, Utah’s own Orrin Hatch, agreed the facts point to murder and cover-up. But after repeatedly vowing that the Senate Judiciary Committee, which he chaired until 2005, would force a thorough accounting of what went wrong and why, Hatch now defers to the very agencies Jesse believes dropped the ball—or drop-kicked the ball, as it were.
Though Jesse is almost resigned to never learning who killed Kenny, he forges on. As to the why, it’s a complicated matter of never saying die, exacting some retribution from the dodgy bureaus and holding out for a sliver of consolation if he can put the lie to the official story of the Oklahoma City bombing.
A-lot-a-killin’
In 1987, Kenny was paroled after serving six years of a 20-year federal term for robbing a savings and loan. Adjusting to life on the outside was difficult, Jesse says, but Kenny married, had a son, bought a home and found work in construction. A year later, though, he stopped reporting to his probation officer, Jesse says, in defiance of a no-alcohol provision added to his parole agreement.
Returning to San Diego from visiting in-laws in Mexico in June 1995, Kenny got hauled in at the border on suspicion of driving under the influence. He was turned over to U.S. Marshals and flown to the Federal Transfer Center in Oklahoma City to await his parole hearing. In his last conversations with family, Kenny seemed upbeat and eager to get back to the world.
“It’s looking pretty good,†he told Jesse less than 36 hours before his death, according to a Bureau of Prisons transcript of the call. “As far as violations, mine’s lightweight—just street violations, you know. How’s everyone?†And the conversation ended with Kenny telling his brother, “I’ll give you a yell back tomorrow night, OK?â€
But Kenny never called back. The next morning he was strip-searched, given a clean bill of health, transferred to the prison’s Special Housing Unit (SHU)—out of fear for his safety, the government maintains—and didn’t live through the night.
From that first phone call to Wilma, the government’s story didn’t add up. The caller, acting Warden Marie Carter, asked Wilma’s permission to cremate Kenny’s remains. When Wilma objected, saying Kenny’s wife and siblings needed to be consulted, Jesse says Carter expressed surprise that Kenny had family beyond a mother and sister. Perhaps owing to the confusion, throughout his stay at the transfer center, Kenny was listed as Vance Paul Brockway, an old alias from his stickup days.
The body was shipped home to Westminster, Calif., and met by Wilma, Kenny's wife Carmen and sister Donna Sweeney. A thick coat of mortician’s makeup couldn’t hide a gaping ear-to-throat gash, and by the time the women had Kenny undressed and washed, the scope of horror laid bare. They photographed three skull-deep scalp wounds, knuckles swollen and black, fingertip-sized bruises to the underside of one arm and contusions to his forehead, temple, eyelids, cheeks, nose, chin, wrist, buttocks and the soles of his feet.
“My brother was a tough man, but a good man: Never started a fight, but God he could finish one, and God it wouldn’t bother him to fight two or three.â€
With that, Jesse concludes Kenny “took a-lot-a-killin’.â€
Hatch Demands Answers
The Bureau of Prisons (BOP) immediately assumed an in-house inquiry. Later that day, the Oklahoma City FBI field office launched a decidedly casual homicide investigation, not so much as visiting the crime scene for at least a week, according to a 1999 review by the Department of Justice Office of Inspector General (OIG). Significant lapses were found in both agencies’ investigations—crucial evidence destroyed, altered or misplaced—but no foul play, the OIG said.
A federal grand jury found insufficient grounds to charge BOP personnel for murdering Kenny, as the family alleged. But Oklahoma U.S. District Judge Tim Leonard awarded the Trentadues $1.1 million in a 2001 civil judgment, finding the government’s actions amounted to intentional infliction of emotional distress.
“They’ll never pay,†Jesse casually predicts.
The family’s wrongful death claims were dismissed, paradoxically, due to lack of evidence. Nonetheless, the Trentadues poked so many holes in the government’s case that Leonard couldn’t resist a parting lecture to three BOP witnesses. A guard, a senior officer and a medic, Leonard wrote in his final judgment, “seemed unable to comprehend the importance of a truthful answer†from the time of Kenny’s death until trial.
But rather than indict three BOP employees and an FBI agent for making “false statements under oath,†as the OIG recommended, the Justice Department declined, opting to go after Jesse Trentadue instead.
According to FBI memos, the bureau opened criminal cases on Jesse Trentadue for suspected “obstruction of justice†on separate occasions in 1997 and 1999. In one document, the FBI indicates that Justice Department attorney Peter Schlossman, who represented the government in the Trentadues’ lawsuit and apparently instigated the FBI investigation, did so “solely in furtherance of a civil case.†The criminal case was shelved, with an FBI memo noting the OIG’s “highly critical†assessment of the FBI’s investigation into Kenny’s death as the reason.
City Weekly left messages at the press offices for both the FBI and the Justice Department’s Public Integrity Section, but neither responded to requests to discuss the case. For a point-by-point chronology of the government’s alleged malfeasance and nonfeasance, Jesse has posted the upshot of his decade-long battle online at DeathRowSpeaks.info/Trentadue/Trentadue.html.
Of innumerable curiosities, crime-scene photos and negatives went missing for years, including a crucial original Polaroid of the ligature marks on Kenny’s throat. Most of them turned up in government filing cabinets only after the Justice Department concluded its grand jury.
The BOP washed down Kenny’s blood-splattered cell before outside agencies could inspect it. And they painted over Kenny’s purported suicide note—“My mind’s no longer its friend,†scrawled in pencil on the cell wall—without reconciling three different official accounts of how it was signed.
Prison logs documenting inmate movements that night, an FBI evidence log, Kenny’s blood-soaked clothes and a videotape of guards’ initial entry into the cell don’t exist or disappeared, yet they are specifically referenced in government documents.
The author of a suicide-watch report admitted under cross-examination that he prepared it postmortem. One BOP transcript of a phone call has Kenny marveling at “that jet-age stuff,†while a subsequent iteration of the same conversation has him lamenting “that AIDS stuff.†(The government briefly floated the idea that Kenny killed himself over the disease, but he didn’t have it.)
A guard on duty the night Kenny died told a neighbor that he and other guards beat Kenny to death and staged the suicide. The guard initially denied the confession, but reversed himself after failing a polygraph, explaining to OIG investigators that he lied to impress his neighbor. The guard was not called before the grand jury.
Jesse Trentadue enlisted a powerful, yet ultimately impotent, ally in Sen. Orrin Hatch, who confronted then-Attorney General Janet Reno during a Senate hearing in 1997, saying it appeared someone “murdered†Kenny. Hatch also repeatedly promised a Senate Judiciary Committee inquiry which, unlike the Trentadues, could subpoena government witnesses and documents. “Congress isn’t going to go away,†Hatch insisted during an NBC Dateline segment. “We want answers to this.â€
But those hearings never came to pass because, as Hatch explained through a spokesperson recently, “It appeared very unlikely that such hearings would add materially to the multiple criminal investigations of the case … all of which concluded that [Kenny] Trentadue committed suicide and was not murdered.â€
To which Jesse responds: “It’s not his job to solve a murder. His job is to oversee the functioning of the FBI and the Department of Justice to make sure that they perform properly. He admits they screwed up everything and that’s what he should focus on.â€
No single element of Kenny’s ostensible suicide is more perplexing than then-Oklahoma Medical Examiner Fred Jordan’s three-year reluctance to rule it so. Once Jesse's fiercest ally, Jordan ultimately became a lynchpin for the government.
“I think that’s probably the most difficult investigation I have ever experienced—including the [Oklahoma City] bombing and including Katrina,†Jordan reflects by phone from West Poland, Maine. “If you go through all the reams of stuff on Kenneth Trentadue, you’ll find lie after lie after lie as far as I’m concerned from the federal government.â€
For going against the grain, the first-rate forensic pathologist and then-future president of the National Association of Medical Examiners was treated to what he describes as Mississippi Burning-style meddling and intimidation. The local FBI was, “in general, a bunch of toughs,†Jordan says, adding that the Justice Department harassed and pressured him to sign off on the suicide theory. He made no secret of requesting a “protective audit†from the IRS on account of the “friggen FBI … might want to frame me in one way or another,†and took to traveling rural Oklahoma with a gun in the car.
By July 1997, Jordan had lost all confidence in the FBI and BOP, and he questioned the Justice Department’s handling of the grand jury. “I feel it is very likely this man was killed,†he wrote in a memo to Kenny’s autopsy file.
Perhaps the most sobering assessment of the case came from Oklahoma Assistant Attorney General Patrick Crawley in a March 1998 letter to a Justice Department lawyer who deigned to query Jordan’s impartiality.
“In a succession of either illegal, negligent, or just plain stupid acts, your clients [the FBI and BOP] succeeded in derailing the medical examiner’s investigation and thereby may have obstructed justice in this case,†Crawley wrote.
But Jesse’s cause took a crushing setback later that year, when Jordan abruptly amended Kenny’s “unknown†manner of death to “suicide.â€
“I bear him no ill will,†says Jesse. “But he sure did piss backwards on us.â€
On the first score, the sentiment is mutual. Jordan regards Jesse as an “honest, intelligent, straightforward man with unquestioned integrity.†But he stresses he did not cave to government pressure—although Jesse can't see it any other way.
After the grand jury disbanded, Jordan explains, the Oklahoma County District Attorney’s Office took its own crack at the case. Two veteran Oklahoma City Police Department homicide detectives were assigned and, from past experience, Jordan trusted their work.
While acknowledging the rehash was essentially a “cold case†investigation, Jordan says he accepted its conclusion that “there was no evidence to suggest anything other than suicide.†He says the detectives interviewed numerous inmates who were on the SHU when Kenny died, and none recalled the kind of ruckus that would have accompanied the beating Jesse is convinced of.
Not only did another inmate hear the commotion that night, Jesse counters, but he suspects one Alden Gillis Baker was murdered for coming forward. Baker, serving a 22-year sentence for robbery, swore in a 1998 deposition that he heard Kenny crying out during an apparent scuffle, and that he saw guards enter the cell. “My life is put in jeopardy by me saying what I’m saying,†Baker also noted in the deposition. “Here in this prison … if something wants to be done to you, it can be done.†Shortly before trial, Baker was found in his cell hanging from a makeshift rope.
At that trial, Jordan’s testimony was unambiguous. “No, there is no evidence to substantiate beating or torture,†he said, adding that the findings of the Oklahoma City Police explained Kenny’s injuries. To Jesse, the police department’s theory of a frustratingly clumsy fit of suicidal rage defies credibility.
According to Tom Bevel, a retired Oklahoma City Police detective and crime-scene reconstruction expert, who articulated the theory at trial, Kenny braided the noose from torn strips of bed sheet and wove it through a ceiling vent. He then climbed atop the sink to hang himself, but “the ligature broke under his weight,†Bevel deduced. In falling, Kenny struck his head and perhaps his buttocks on the corner of a metal desk opposite the sink, and then “bounced off the desk with his body weight and inertia causing his head to next strike the wall.†Reeling on all fours, he raised up, again striking his head on a chair. Frustrated, he put off hanging, and “takes a tube of toothpaste and begins cutting his throat with the sharp crimped end.†That didn’t work, so he “reattached the broken ends of the torn sheet ligature,†and finished the job.
But three bombshell revelations at trial should have obliterated the hanging theory, Jesse says. For one, a guard who’d maintained under oath three previous times that he was among the first to enter Kenny’s cell, saw him hanging, saw guards cut him down, and videotaped it all, recanted under cross-examination. (Depending on which government expert is talking, the camera either malfunctioned or the tape was erased.) A fabric expert commissioned by the district attorney to inspect the noose testified that it showed no signs of being cut, as the government maintained, a conclusion also reached by the FBI crime lab, but never disclosed to Jesse until trial. And the “smoking fucking gun,†as he sees it, was a previously undisclosed photograph detailing the ligature marks around Kenny’s throat.
The zipper-like indentations indicate strangulation rather than hanging, Jesse believes. The distinct impressions are consistent with plastic zip ties used by guards to handcuff prisoners at the transfer center. And the positioning of the markings mid-throat rather than at the jaw line belie a full-body suspension, he says. Moreover, Kenny’s autopsy showed he had a fractured “hyoid bone,†a hallmark of strangulation, but very rare in hangings.
In a 2002 deposition for a libel lawsuit filed against Jesse Trentadue and Gentleman’s Quarterly magazine, Jordan’s testimony was more nuanced than at trial. He testified that he believed Kenny sustained injuries in an “altercation†shortly before his death, and the ligature marks—“what we call a patterned injuryâ€â€”“could†have been made by plastic ties. He also noted that, in his decades as a forensic pathologist, he was unsure if he’d ever seen a hyoid bone fractured as a result of hanging.
Asked which he thinks it is today, hanging or strangulation, Jordan doesn’t parse. “If I thought that this guy’s ligature mark had been made by the feds with plastic ligatures, do you think I would call that a suicide? No.†He maintains that his opinions have remained true to the evidence at hand and, for lingering doubts, “thank the goddamned federal government.â€
All Roads Lead to Elohim City
Jannie Coverdale’s grandsons were among 19 children killed in the Oklahoma City bombing. Elijah and Aaron would be 13 and 16, respectively, and Coverdale believes their deaths have earned her the right to a full accounting from the government. The 68-year-old retired municipal worker became dubious of the two-man conspiracy theory about six months after the bombing.
“But I was told by the U.S. attorney that if I attended the trials, I would have the answers to all of my questions,†Coverdale says. So she sat in on McVeigh’s trial and both of Nichols’. “By the time Terry Nichols’ trial was over, I had more questions.
“There were over 50 people that saw Timothy McVeigh in that Ryder truck leading up to the day of the bombing. Nobody saw Timothy McVeigh by himself. None of those witnesses were called to testify at either trial, not one.â€
Incredulous to this day, Coverdale has written to Sen. Hatch, whom she says assured there would be congressional hearings on the bombing. When none occurred, she says she wrote again but received no reply.
Flummoxed, Coverdale began writing Nichols in prison.
“Sometimes I get so darned angry, I feel like killing him,†she says of her unlikely pen pal. “But he has the answers to the questions I’m asking.†Coverdale says Nichols has indicated he and McVeigh didn't act alone, but he’s afraid to say more in any venue short of congressional hearings.
Barring hearings, Coverdale is convinced Jesse Trentadue is her last best hope.
A few months after Kenny died, Jesse says he received a bizarre call from an anonymous tipster. Paraphrasing, he says the caller told him Kenny fit the profile of a wanted bank robber intent on overthrowing the government, and the FBI killed him in an interrogation gone awry.
Jesse dismissed the heads-up as crazy talk until mid-1996, when he came across an article in the Los Angeles Times about the so-called “Midwestern Bank Bandits,†a white supremacist gang also known as the Aryan Republican Army (ARA). The gang was ultimately credited with 22 bank robberies across several states from 1994-96, the loot earmarked to fund a war against the federal government.
Intrigued, Jesse reported the coincidence to the FBI. He didn’t give it much more thought until 2001, when he says a confidential intermediary passed along a message from, of all people, the soon-to-be executed Timothy McVeigh. Jesse says the liaison told him McVeigh had seen a picture of Kenny, and the mad bomber was convinced the feds mistook Kenny for a man called Richard Lee Guthrie, one of the Midwestern Bank Bandits.
In 1996, Guthrie was arrested for the bank robberies and copped a plea deal with federal prosecutors. Later that year, awaiting sentencing, he told the Los Angeles Times he wanted to write a book that goes “a lot more deeper†into what the ARA was up to, offering, “It’ll all come out.†Early the next morning, he hanged himself with a bed sheet in a Kentucky jail cell.
Eerily similar “suicides†aside, Jesse didn’t make the connection between Kenny and the bombing until a dogged investigative journalist working at a rural Oklahoma newspaper helped him piece it together.
J.D. Cash was a middle-age real estate entrepreneur before the bombing. Every Oklahoman knew someone who died that day and, “for the sake of history,†Cash says, he determined to tell the story.
He caught on with the McCurtain Daily Gazette, and he’s since filed perhaps more stories on the bombing than anyone. To say nothing of the ubiquitous John Doe No. 2, mountains of evidence suggest—and Cash is convinced—Army buddies McVeigh and Nichols had more support. And he theorizes the government is still trying to hush up a botched sting operation.
Breaking story after story, Cash’s notepad kept pointing toward a white-supremacist compound in the far-eastern Oklahoma boonies called Elohim City, a way station for militant racists and Christian fundamentalists. Guthrie and the rest of the ARA soldiers, all since convicted in the bank robberies, bunked at the compound off and on, including just days before the bombing. The bandits’ ringleader, Peter “Commander Pedro†Langan, serving life for his role in the robberies, has offered to testify that members of his gang had a part in the bombing.
The Bureau of Alcohol, Tobacco and Firearms had an undercover informant at Elohim City, hatemonger-turned-crusader Carol Howe, who warned her handler months before of an imminent attack on a federal building. Howe’s handler even directed her to accompany the radicals, including German national Andreas Carl Strassmeir, as they scouted targets in Oklahoma City. When Howe went public more than a year after the bombing, she was indicted, and acquitted, for possessing bomb-making materials.
To Cash, Strassmeir, the compound’s security chief and ordnance expert, is the key to the conspiracy. ARA members lived with him while staying at Elohim City, and McVeigh called asking for him two days and two weeks before the bombing. McVeigh’s sister told the FBI that in November 1994, he gave her three $100 bills to be laundered, claiming the money was from a bank heist. A speeding ticket and a motel receipt put McVeigh within minutes of the remote compound months before the bombing. Strassmeir skipped the country by way of Mexico soon after the bombing, despite being wanted for overstaying his visa and despite FBI documents showing the government knew his whereabouts and route of departure.
In a 1996 exchange with British journalist Ambrose Evans-Pritchard, excerpted from his outwardly sensational book The Secret Life of Bill Clinton, Strassmeir doesn't dispel the intrigue.
“It’s obvious that [the bombing] was a government ‘op’ that went wrong, isn’t it?†Evans-Pritchard quoted Strassmeir, a former German Army intelligence officer, as saying during a series of long-distance interviews. “They were watching [McVeigh]—of course they were. … What they should have done is make an arrest while the bomb was still being made instead of waiting till the last moment for a publicity stunt.â€
Evans-Pritchard needled Strassmeir for more, according to the account, telling him there comes a time when the informant must come clean to save his own skin. “How can he?†Strassmeir reportedly shouted back. “What happens if it was a sting operation from the very beginning? What happens if it comes out that the plant was a provocateur?â€
After comparing notes in 2003, Cash and Jesse Trentadue agreed Kenny and Guthrie shared more in common than untimely ends. They were both bank robbers on the lam immediately after the bombing. They were about the same height, powerfully built, dark-complexioned and sported mustaches and serpent tattoos on their left forearms. Both men were fond of aliases, and Guthrie was thought to be hiding out in Canada or Mexico when Kenny was picked up at the border.
Jesse believes his brother was mistaken for Guthrie as a suspect in the bank robberies, if not the bombing, and beaten to death during a misguided interrogation. “Elohim City gets me the motive I never had,†he says.
Early on, the FBI chased down leads that ARA members were in on the bombing, “either directly or indirectly through conspiracy,†according to published reports, but that information wasn’t turned over to the defense in Nichols’ or McVeighs’ federal trials. Documents giving greater detail of those efforts have only recently surfaced, but with key names redacted.
In 2004, Jesse came into possession of two FBI teletypes disseminated by then-Director Louis Freeh which, although redacted, suggest the so-called “BOMBROB†and “OKBOMB†cases were inextricably linked. The August 1996 memo discusses six ARA members in conjunction with McVeigh, Elohim City and bank robbery proceeds. It notes that Guthrie and another person “admitted to paying [name redacted] money derived from bank robberies and identified [name redacted] as an accomplice in certain bank robberies.†It goes on to state, “if [name redacted] told the authorities that he received bank robbery money [name redacted] should face life in prison.â€
Another Freeh teletype from January 1996 discusses McVeigh’s call to Elohim City two weeks before the bombing, “a day that he was believed to have been attempting to recruit a second conspirator to assist in the OKBOMB attack.†As to McVeigh’s subsequent call to the compound, the memo notes, “[name redacted] allegedly has had a lengthy relationship with Timothy McVeigh.â€
Jesse’s money is on McVeigh and Strassmeir’s names filling in some spaces on both teletypes. After all, they fit perfectly. He filed a Freedom of Information request in 2004 for official copies. The FBI said they didn’t exist. But with the documents in hand when he sued in federal court, it wasn’t difficult for U.S. District Judge Dale Kimball, presiding from Salt Lake City, to determine the government didn’t look hard enough. In May 2005, Kimball ordered the government to turn over 17 responsive documents, un-redacted. The government nonetheless gave Jesse redacted copies and petitioned the court to reconsider and rescind the order. Kimball did just that in March, based on affidavits that the FBI had promised confidentiality to four sources referenced in the teletypes. However, Kimball ordered the government to do another search for documents regarding the Southern Poverty Law Center, which gathered intelligence on Elohim City after the bombing, and perhaps before, as a proxy for the government. Unless the FBI “discovers†more responsive documents, Jesse is effectively out of leads.
Wilma Trentadue’s congressman, Rep. Dana Rohrabacher, R-Calif., recently concluded a personal inquiry into reports of a wider Oklahoma City bombing conspiracy, even visiting Nichols in prison last year. Finding “ample reason to disbelieve the official version of this horrific crime,†in March, Rohrabacher wrote to Rep. Henry Hyde, R-Ill., requesting a hearing in the House Committee on International Relations to determine if foreign co-conspirators were overlooked or ignored. The congressman noted that a central thrust will be to determine exactly how McVeigh and Strassmeir were associated. But Jesse has learned in this campaign not to get up false hope.
Battle Fatigued
Avenging Kenny for 11 years has taken its toll.
“I’m weary,†Jesse sighs, and he looks it. “I truly haven’t had the opportunity to grieve for Kenny,†or for the others, he says.
“Lost my dad to black lung, but this hastened his death. My mother died here about three [months] ago, and I so wanted her to see the end of it.â€
Chuck Sampson, Jesse’s friend, legal partner and lawyer at the civil trial, died of cancer last year, never to see the judgment realized.
“It’s like in a war, there’s no time to step aside, you just push forward,†he says.
For the warrior, it all goes back to a little coal camp, Number 7, West Virginia, where the men had to kick harder than the mules …
“And if you kill a hillbilly, you better be prepared to kill his whole family back to third cousins, because they’re gonna fuckin’ get ya sooner or later.â€
December 02, 2003 The Trentadue Case: A Coverup That Won’t Stay Covered
By Paul Craig Roberts
CNN recently reported that “the Justice Department is re-examining its investigation into the 1995 death of a federal prisoner that the victim’s family alleges was murder at the hands of the government.â€
The victim was Kenneth Michael Trentadue. At 7 AM on August 21, 1995, officials from the Oklahoma Medical Examiner’s office arrived at the new Oklahoma City Federal Transfer Center for the body of a man recently picked up for parole violation who allegedly was a suicide by hanging. The astonished state officials saw a body with scalp split to the skull in three places, throat slashed, and a body completely covered in blood, bruises and burns.
As law requires, the officials asked to see the cell in which the alleged suicide occurred. Federal officials pulled rank and refused on the grounds that a federal investigation was underway.
A federal investigation was not underway.
The state officials told the prison officials that the body’s condition required FBI notice and protection of the cell as an undisturbed crime scene. Associate Warden Max Flowers, however, ordered the cell to be cleaned before any investigation could be done. Flowers claimed that medical staff informed him that Trentadue was HIV-positive and that it was urgent to remove the infectious blood.
Trentadue was not HIV-positive.
Dr. Fred B. Jordan, the Chief Medical Examiner of the state of Oklahoma, was stunned at the destruction of evidence by federal authorities and at the way federal officials blocked his office from carrying out required duties. In a memo to the file dated December 20, 1995, Dr. Jordan described his frustration over being stonewalled by top Department of Justice officials in Washington. He recorded that he confided to the Assistant U.S. Attorney in Oklahoma City that “I felt Mr. Trentadue had been abused and tortured.â€
Two years later Dr. Jordan said on a Fox News Interview (July 3, 1997):
“I think it’s very likely he [Kenneth Trentadue] was murdered. I’m not able to prove it. I have temporarily classified the death as undetermined. You see a body covered with blood, removed from the room as Mr. Trentadue was, soaked in blood, covered with bruises, and you try to gain access to the scene and the government of the United States says no, you can’t.
“They [the federal government] continued to prohibit us from having access to the scene of his death, which is unheard of, until about five months later. When we went in [the cell] and luminoled, it lit up like a candle because blood was still present on the walls of the room after four or five months. But at that point we have no crime scene, so there are still questions about the death of Kenneth Trentadue that will never be answered because of the actions of the U.S. government.â€
Dr. Jordan’s effort to do his job brought him under great pressure and harassment from federal authorities. Realizing his peril, on August 25, 1997, Dr. Jordan wrote to IRS Commissioner Margaret Richardson:
“The requirements of my job as chief Medical Examiner for the State of Oklahoma are currently bringing me into an uncomfortable juxtaposition with the United States Department of Justice. In order to protect myself from retribution, I would like information as to how to request a protective audit from your agency. By this, I simply mean a standard audit in order to avoid having your agency used to harass me as I proceed with my inquiries into a death that directly relates to the Federal Transfer Center in Oklahoma City.â€
In a handwritten memo to his file dated October 22, 1997, of a telephone conversation with U.S. Senator Byron Dorgan (D, ND), Dr. Jordan recorded: “confirmed my feelings that the investigation was crippled, the decedent was at the least beaten, we haven’t found the truth and probably won’t, reiterated my lack of trust in the Fed. gov’t and the Dept of Justice in particular.â€
Unable to secure from Dr. Jordan a ruling that Trentadue’s injuries were self-inflicted, the DOJ sought the cooperation of Dr. Bill Gormley, Armed Forces Institute of Pathology. Dr. Gormley came to the same conclusion as Dr. Jordan and came under the same pressures. In a memo to file dated May 30, 1997, Kevin Rowland, Chief Investigator in the Oklahoma Medical Examiner’s Office records a telephone call he had from Dr. Gormley:
“The basic purposes for his call was to 1-find out what they [DOJ] are up to because he was very suspicious, and 2-ask if I might be able to explain why they only wanted certain testimony from him, since he told them that we had already given them the truth. He was troubled that they only seemed interested in him saying it might be possible these injuries are self-inflicted.â€
Senator Orrin Hatch (R, UT) threatened the DOJ with Senate Judiciary Hearings on the case. However, FBI documents (Dec. 5, 1997 and Jan. 28, 1998) indicate that FBI agents succeeded in pulling the wool over the eyes of Senator Don Nickles (R, OK) and using him to prevent Hatch’s investigation.
Federal harassment of, and accusations against, Dr. Jordan built to the point that on March 12, 1998, the Assistant Attorney General of Oklahoma, Patrick T. Crawley, wrote to the US Department of Justice:
“The real tragedy in this case appears to be the perversion of law through chicanery and the misuse of public trust under the guise of some aberrant form of federalism. In a succession of either illegal, negligent, or just plain stupid acts, your clients [FBI, DOJ, Bureau of Prisons] succeeded in derailing the medical examiner’s investigation and, thereby, may have obstructed justice in this case. As more and more information is revealed in this case, primarily through the efforts of Jesse Trentadue [lawyer brother of victim], it appears that your clients, and perhaps others within the Department of Justice, have been abusing the powers of their respective offices. If this is true, all Americans should be very frightened of your clients and the DOJ.â€
Despite the protection of the Oklahoma Attorney General, sufficient pressure was brought against Dr. Jordan to cause him to abandon his position. On November 28, 2000, at the civil trial brought by Jesse Trentadue against the United States, Dr. Jordan was asked: “You didn’t find any evidence of beating or torture, did you?†He answered: “No, there is no evidence to substantiate beating or torture.â€
Despite Dr. Jordan’s changed testimony, the presiding federal judge in the Trentadue civil suit saw enough evidence that much was amiss to award the Trentadue family $1.1 million for suffering harassment and intentional infliction of emotional distress by the federal government.
But, as all evidence of homicide in the case was destroyed, whether intentionally or negligently, or withheld by the DOJ, the charge of murder could not be proven.
Whatever the deal with the DOJ, apparently it only covered Dr. Jordan’s testimony in the Trentadue civil trial. Two years later on December 11, 2002, under oath in a subsequent deposition in a libel case brought by a FBI agent against a magazine that covered the story, Dr. Jordan said: “Because of the extensive bruising of the body, the cut throat, and the general appearance of the body, we felt that the death should be investigated as a homicide.â€
In answer to a question whether he was harassed by the federal government, Dr. Jordan answered: “I don’t think there’s any question I was harassed by the Department of Justice from the very beginning of this, the 21st of August when we were denied access to do a job we’d been summoned to do.â€
A believer in the system, Jesse Trentadue has not given up. He has brought a Freedom of Information Act suit against the DOJ. Trentadue’s suit, rather than a rediscovery of integrity by the DOJ, probably explains the recent CNN report that the DOJ is reopening the case. By reopening a criminal investigation, the DOJ does not have to release the documents demanded by Trentadue’s civil suit.
It has always been a puzzle why a man picked up on a parole violation would be murdered in his cell by federal agents. Recently an explanation has turned up.
Kenneth Trentadue might have been a victim of mistaken identity. Misidentified as the missing John Doe, Tim McVeigh’s alleged accomplice in the Oklahoma City bombing, he might have been beaten and tortured in an effort to obtain a confession. The autopsy report shows Trentadue with a highly elevated caffeine level, amounts certainly not available to a person held in isolation.
High doses of caffeine are used to increase pain under torture.
In trying to find the truth, Jesse Trentadue is a brave man. In the last of a five-part series on the Trentadue case in the McCurtain Daily Gazette, J.D. Cash reports that FBI agents, desperate to silence the Trentadue family, have been conducting a criminal investigation into Jesse Trentadue for several years. Mr. Cash writes:
“Contained in an internal FBI investigation report obtained by this newspaper, a FBI agent discusses legal strategies to use against one of their most vocal and effective critics: ‘by listing Jesse Trentadue as subject in another investigation, that would place him as a target of one of our investigations and this would also prohibit Jesse Trentadue from testifying before the Federal Grand Jury.’â€
Law and order conservatives, who believe that the only wrong ever done by the criminal justice system is to under-punish the guilty, have much to learn from the Trentadue case.
TAXPAYERS, NOT GOVERNMENT PICK UP TAB FOR FBI AGENTS CRIMINAL NEGLIGENCE
Wen Ho Lee settles privacy lawsuit
By MARK SHERMAN, Associated Press Writer Fri Jun 2, 5:49 PM ET
WASHINGTON - Wen Ho Lee, the former nuclear weapons scientist once suspected of being a spy, settled his privacy lawsuit Friday and will receive $1.6 million from the government and five news organizations in a case that turned into a fight over reporters' confidential sources.
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Lee will receive $895,000 from the government for legal fees and associated taxes in the 6 1/2-year-old lawsuit in which he accused the Energy and Justice departments of violating his privacy rights by leaking information that he was under investigation as a spy for China.
The Associated Press and four other news organizations have agreed to pay Lee $750,000 as part of the settlement, which ends contempt of court proceedings against five reporters who refused to disclose the sources of their stories about the espionage investigation.
Lee said of the settlement: "We are hopeful that the agreements reached today will send the strong message that government officials and journalists must and should act responsibly in discharging their duties and be sensitive to the privacy interests afforded to every citizen of this country."
The payment by AP, The New York Times, the Los Angeles Times, The Washington Post and ABC is the only one of its kind in recent memory, and perhaps ever, legal and media experts said.
The companies said they agreed to the sum to forestall jail sentences for their reporters, even larger payments in the form of fines and the prospect of revealing confidential sources. The companies and their reporters were not defendants in the privacy lawsuit.
"We were reluctant to contribute anything to this settlement, but we sought relief in the courts and found none," the companies said. "Given the rulings of the federal courts in Washington and the absence of a federal shield law, we decided this was the best course to protect our sources and to protect our journalists."
The statement noted that the accuracy of the reporting itself was not challenged.
The government agencies did not admit that they had violated Lee's privacy rights.
Betsy Miller, one of Lee's lawyers, said the payments show "that both the government and the journalists knew that they had significant exposure had this case gone to trial."
Lee was fired from his job at the Los Alamos National Laboratory in New Mexico, but he was never charged with espionage. He was held in solitary confinement for nine months, then released in 2000 after pleading guilty to mishandling computer files. A judge apologized for Lee's treatment.
Two federal judges held the reporters in contempt for refusing to reveal their sources to Lee. The journalists had argued that he could obtain the information elsewhere.
U.S. District Judge Rosemary Collyer signed an order Friday vacating the contempt proceedings against the reporters, H. Josef Hebert of The Associated Press, James Risen of The New York Times, Bob Drogin of the Los Angeles Times, Walter Pincus of The Washington Post, and Pierre Thomas, formerly of CNN and now working for ABC News.
CNN, in a separate statement, said it declined to join in the settlement "because we had a philosophical disagreement over whether it was appropriate to pay money to Wen Ho Lee or anyone else to get out from under a subpoena."
The reporters had appealed the contempt rulings to the Supreme Court. The justices recently delayed a decision on whether to take up the reporters' case after being told a settlement was near.
Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, called the payment unusual and perhaps unprecedented.
"I'm certainly not happy about this, but I'm not sure I could have dreamed up a better result," Dalglish said. "On the positive side, it appears that this result will allow these reporters to continue to protect their sources."
The settlement underscores the need for a federal law that would shield reporters from having to disclose their sources, she said.
The government sprung Justin Petersen for his hacking skills. Was it the right move? By Joseph C. Panettieri
Conventional wisdom says it takes a thief to catch a thief. Just how that old saw relates to the world of information technology wasn't immediately apparent--until now. "I worked for the FBI," says Justin Tanner Petersen, an admitted computer hacker. Not only that, the FBI got him out of jail to do it.
Petersen, an affable, 34-year-old cyberpunk, now awaits sentencing in a Los Angeles County detention center for crimes to which he's pled guilty. His court hearing for severa l computer-related crimes--including crimes committed while working for the FBI--is set for March 27. He faces a possible sentence of 10 years for conspiracy, computer fraud, and other crimes.
Court papers filed in Los Angeles in connection with the case show that in 1991, FBI agents working for the U.S. Attorney in Los Angeles bargained to have Petersen released from jail in Texas "to investigate [certain] individuals." The FBI maintained a relationship with Petersen for two years, before revoking his bond. Petersen fled possible prosecution in relation to crimes committed while he was out on bond. He was captured last summer. No one from the FBI or the Justice Department would comment on or clarify just why the FBI was working with Petersen. But several sources speculate that Petersen was tracking computer superhacker Kevin Mitnick.
"The Feds turned Petersen against Mitnick," says a computer security consultant who requested anonymity. "Petersen essentially became a bounty hunter for the FBI."
"It was pretty much suspected in the hacker community that Petersen was working for the FBI," says Eric Gorley, editor of the notorious hacker quarterly 2600. "He showed up at a couple of hacker conventions trying to track down [Mitnick] and other people."
Suspicious Minds According to court documents, Petersen was arrested in July 1991, in Dallas for possession of a stolen car. Police searched his apartment and found more than a dozen stolen or fraudulent credit cards, telephone calling cards, bank cards, five modems, a computer, and some 200 diskettes. He was charged by the federal government in eight counts with breaking into the TRW computer system, among other crimes.
In September 1991, while in jail, Petersen was approached by Secret Service and FBI agents, according to court documents. As part of a deal to get himself out of jail, Petersen pled guilty to the crimes he committed in Texas and to computer-related crimes for which he was under indictment in California. His case was transferred to California. Through a series of delayed sentencings, Petersen remained out of jail under FBI supervision from September 1991 to October 1993. During that time he was in repeated contact with members of the hacker community, according to sources. Petersen says that for those two years the FBI gave him an apartment and two computers. His work with the FBI included educating agents about the art of hacking and aiding in the investigations of about a dozen hackers, including Mitnick, he says.
At the time of Petersen's alleged surveillance of him, Mitnick was on probation after being convicted of hacking Digital Equipment Corp.'s private network and stealing the source code for several Digital products, including VMS Version 5, and a security inspection tool called XSafe.
Petersen, working as an informant, says he learned of additional crimes committed by Mitnick while Mitnick was on probation. When FBI agents moved in to make an arrest in 1992, Mitnick fled. After a lengthy search, the FBI fi nally apprehended Mitnick in February in Raleigh, N.C. "All of the Mitnick coverage fails to mention that I was the one responsible for his becoming a fugitive," says Petersen. Mitnick, while still a fugitive, sought revenge against Petersen by harassing him electronically, Petersen says.
What's The Greater Risk? The FBI worked with an outside computer expert, Tsutomu Shimomura, a researcher with the University of California at San Diego's supercomputer center, to help capture Mitnick. The fear of illegal break-ins has also led some companies to hire outside expertise, even their own hackers to do undercover work as well as test the security of corporate systems (IW, June 21, 1993, p. 48). That practice, however, is one that security experts strongly question.
"The risks involved with hiring a hacker are simply too great," says Dan White, national director of information security at Ernst &Young in Chicago. "There's no assurance that a hacker will leave systems well enough alon e after his work is done." Petersen admits he committed crimes during his time with the FBI, specifically illegally obtaining electronic monitoring equipment. Petersen recently pled guilty to those crimes.
At least one technology manager wonders why the FBI would work with Petersen at a time when corporate networks have never been more susceptible to security breaches . "[Using Petersen] is about as dangerous a thing as the FBI could do," says M. Lewis Temares, CIO and Dean of College Engineering at the University of Miami. "He who strikes first will strike second, especially if he only gets a slap on the wrist."
Ultimately, Petersen would become a fugitive himself. In October 1993, the FBI learned that he was committing crimes. At a meeting between himself, his attorney, and Assistant U.S. Attorney David Schindler, Petersen ducked out for a drink of water and fled, according to court documents. "The FBI raided my house and found radio detection equipment and other acc ess equipment that I acquired illegally to trace Mitnick," says Petersen. "I panicked and ran." He remained at large until he was arrested last August in Los Angeles.
Right now, Petersen is apologetic. "It's true, I worked for the FBI as part of a plea agreement," admits Petersen. "But I stepped over the line."
The 10-year sentence Petersen is facing has him remorseful. Says Petersen: "I take responsibility for [those crimes]. I clearly deserve to be [in jail.] The question is: for how long?"
The U.S. Attorney says he will talk about the case after Petersen is sentenced. Then the full details about the FBI's hacker will come out.
Richard Held was working for VISA the last I heard. Let VISA know how you feel.
Richard Held - "an FBI COINTELPRO agent since the 60s. He coordinated ops against the L.A. Panthers, including inciting violent confrontations between rival factions and even hiring a right wing militia to kill its members. He was a key spook at Pine Ridge during the bloody anti-AIM ops, directed the draconian Puerto Rico ops in the 80s, and bombed EarthFirst! activist Judi Bari. Lawsuits resulting from that incident of domestic state terrorism have further exposed the subject's long history of abuse." prima facie: Richard W. Held ... was the Special Agent in Charge of the San Francisco field office at the time of the investigation of the explosion [Judy Beri]. He retired from the FBI on August 1, 1993. Decision and Order by Judge Claudia Wilken
In 1978 Richard Held was transferred to Puerto Rico where he oversaw the FBI execution of two Independentista leaders who were made to kneel, then were shot in the head. Held stayed on until 1985, when he stage-managed an island-wide SWAT assault by 300 agents who busted in doors and rounded up activists. Community Under Siege by Judi Bari
One of the most evil and well hidden programs run by taxpayer funded FBI agents is their Psych Ops program. Under the protective umbrella of Criminal Profiling, in reality, FBI staff psychologists use this program to gather information on political activists using survelliance phone taps, email taps, mail covers to generate a psychological profile of the target which FBI agents then use to try and destabalize their victim.
There is a long history of the FBI criminal profiling program failing . The reason FBI agents created the Silence of the Lambs was to silence critics of this sinister program. The real life Hannibal Lector in Silence of the Lambs never murdered anyone.
There is little information available to the public about the targets of an FBI destabalization program. It has been documented as a component in the FBI Fruhmenschen program created by FBI agents to target black elected officials in sting operations because the FBI feels blacks are incapable of governing. Former FBI agent Tyronne Powers has documented this program in his book EYES TO MY SOUL. More importantly there has never been a cataloging of the failures in the FBI Criminal Profile Program. How many wasted hours local police have spent trying to track down a suspect based on a FBI profile only to dicover it was someone else who committed the crime. There have been major lawsuits brought against local police from an incorrect FBI profile including one in the 1980's from a black female honor student at the University of Massachusetts Amherst who was incorrectly profiled by FBI agents for being the person behind a series of arson cases on campus. The real criminal was caught and turned out to be a white security officer on campus. Until the public understands the sinister side of the FBI criminal profiling program they will remain content to watch re runs of Silence of the Lambs. For the real story of Hannibal Lector read THE GIFT OF FEAR THE GIFT OF FEAR: SURVIVAL SIGNALS THAT PROTECT US FROM VIOLENCE." BY GAVIN DE BECKER LITTLE, BROWN, 334 PAGES
Sun, Jun. 11, 2006
Suspect profile in slaying did not match man arrested Associated Press
SPARTANBURG, S.C. - Although the man charged in the assault and death of a Clemson University does not match the behavioral profile investigators released before his arrest, officials say the process of creating a such a psychological sketch is helpful in tracking suspects.
"It's a tool," said Bo Barton, senior agent for the State Law Enforcement Division. "It's not magic. It's a tool that we use. If it helps catch the bad guy, good. If it doesn't, it doesn't."
The profile of the man police said they were looking for in the slaying last month of Tiffany Marie Souers, a 20-year-old student from the St. Louis suburb of Ladue, indicated that he was between 18 and 25. Investigators said the man likely was broken up over the crime and would begin to withdraw from family and friends.
They also said the suspect was dangerous and may have been sexually aggressive toward women in the past.
Jerry Buck Inman, 35, was arrested a few days after the profile was released. Investigators said DNA evidence found at the crime scene matched the DNA profile of the registered sex offender.
While computer analysis generated what investigators called a "cold hit" on the DNA evidence, police were swamped by hundreds of calls and tips on suspects that turned out to be false.
"A lot of times we're right," Barton said of the profiles. "Sometimes we're wrong."
Retired FBI agent Roy Hazelwood said people shouldn't see the process as worthless just because parts of it might be wrong.
"A profile is not meant to solve a crime," Hazelwood said. "The profile is intended to help the police track a particular type of person, not a person."
Hazelwood spent 16 of his 22 years at the FBI in the behavior sciences unit and served as a consultant for the movie "Silence of the Lambs."
"You're going to get more leads," Hazelwood said of releasing profiles to the public. "There's no question about that."
Profiles have been inaccurate in several recent high-profile cases.
In the 2002 Washington, D.C., sniper case, for example, investigators thought they were looking for a white man working alone. Instead two black men were ultimately arrested and sentenced to life in prison for the killings.
In Florida, before police arrested serial killer Aileen Wuornos, who was executed in 2002, they thought they were looking for a man.
Behavioral profiles predicted the killer of a half-dozen women in Louisiana in 2002 and 2003 was a white man. Derrick Todd Lee was black.
Hazelwood said profiles are an opinion.
"You're dealing with human behavior, and anytime you're dealing with human behavior you're dealing with a lot of unknowns," he said.
Billy House Republic Washington Bureau Jun. 15, 2006 12:00 AM The FBI "wasted" $1.175 million on a contract with a Mesa-based software company to help modernize how the nation's largest crime lab keeps track of evidence in its custody, according to a Department of Justice report.
The FBI terminated the contract with JusticeTrax Inc. in January after 28 months because of delays and concerns that the company's work for the FBI crime lab in Quantico, Va., could not meet security and other requirements.
Both JusticeTrax and the FBI are to blame for contributing to the failure of the modernization project, says the report by the department's Office of the Inspector General. It reports that "the FBI did not do its homework before awarding the contract."
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As a result, the FBI lab, which conducts more than 1 million examinations of physical evidence annually, including for federal, state and local police agencies, is unable "to readily determine where the evidence is during the (evidence) examination process and what work remains to be completed," the report states.
The FBI lab also cannot generate statistical reports to help manage laboratory operations, such as how long it takes to examine evidence or where delays occur, according to the report.
An FBI spokesman could not be reached for comment.
"If I had to sum it up, this (inspector general's) report just ignores all kinds of pertinent facts and evidence," responded Jeff Braucher, JusticeTrax's vice president and co-owner. He said the contract termination has led to five jobs in Arizona and Virginia being cut.
He said he intends to respond to the report in writing, saying it could "injure our reputation."
The ability for crime labs to keep close tabs internally on the status of evidence is important, in part because any gaps in the chain of custody are easy for defense lawyers to attack at trial, legal experts say.
"And these labs are just getting too much stuff in," said Paul Giannelli, a law professor at Case Western Reserve University in Cleveland and a national expert on scientific evidence. "When it (evidence) comes into a lab, it can be sent to a certain section - to DNA, or fingerprints or ballistics - and then someone might give it to an examiner. And who knows how long each of these stops will take?"
There are various commercial "off-the-shelf" laboratory information-management systems that can be installed to help a crime lab's computers trace and keep track of evidence. That is what the FBI lab, which prides itself on cutting-edge technology, hoped JusticeTrax would deliver.
The company's system already was in use by law enforcement labs in Arizona, elsewhere in the United States and by the the Royal Canadian Mounted Police.
The Mesa firm, with about 22 employees, won the FBI contract in September 2003 as the lowest-cost qualified bidder for the work, and it was supposed to have its evidence-tracking system in place at the lab within 90 days.
But there were a number of problems, according to the inspector general's report.
One was that JusticeTrax's president, Simon Key, was still a British citizen, and the FBI had prohibited non-citizens from being involved in the development of any Department of Justice information system.
Because of security concerns, Key agreed in 2004 not to be directly involved with work on the new system. He now is a U.S. citizen.
In addition, all JusticeTrax personnel lacked required security clearances, and the background checks to obtain those clearances took from three to eight months.
Finally, the FBI required extensive "customization" of JusticeTrax's product, which was time-consuming. Eventually, the FBI determined the company could not resolve "unacceptable security vulnerabilities."
But the inspector general's report states the FBI did not adequately spell out for JusticeTrax the security requirements. As those requirements changed, the FBI did not explain what those changes were.
The FBI terminated the contract with JusticeTrax in January and did not accuse the company of defaulting on its contract.
In a March settlement, that FBI agreed to pay the company $523,932 in addition to the money already spent on developing the tracking system and obtaining hardware.
a put option in the stock market is betting a stock will go down perhaps due to a event like 911. United Airlines and American Airlines had put options placed on them just prior to 911 (they were the airline used to fly into the world trade center and pentagon)in a amount way beyond any statistical average. see http://www.copvcia.com for the people involved.Guess who else was involved-
The San Diego Union-Tribune
Ex-FBI agent admits giving out 9/11 data
ASSOCIATED PRESS
January 5, 2005
NEW YORK – A former FBI agent admitted that he gave online stock traders confidential details of federal investigations, including a probe of the Sept. 11 terror attacks.
One of the recipients was San Diego stock speculator Anthony Elgindy. A Justice Department task force had begun the investigation of Elgindy to determine whether anyone might have known of the terrorists' plans and profited by selling vulnerable stocks just before the attacks, Jeffrey Royer said.
Elgindy was not charged in connection with that probe, but an investigation into the ties between Elgindy and Royer led to charges against the two men of racketeering, securities fraud and other crimes. The two are on trial together in federal court in Brooklyn.
Taking the stand Monday in his defense, Royer acknowledged he had revealed the existence of FBI and SEC investigations, executives' criminal records and other sensitive information to Elgindy and associate Derrick Cleveland.
He said the apparent violations were justified because Elgindy and Cleveland were stock-market experts who helped him develop evidence of financial wrongdoing.
Prosecutors say the relationship was criminal. Elgindy was accused of paying Royer for the information and using it to manipulate stock prices and extort companies that were the subjects of investigations.
When pressed by Assistant U.S. Attorney Seth Levine about apparent violations of FBI rules, Royer grew testy, asserting he was an independent-minded agent who had the right to decide what information to reveal.
"It's real easy for you to armchair quarterback when you don't have anything to do with the case," Royer told Levine. "Pursuant to a law-enforcement purpose, I can do anything I want with the files."
Cleveland has pleaded guilty to conspiracy to commit securities fraud and testified against Elgindy and Royer.
In July of 1971, the Republican host committee picked San Diego as the site for its 1972 convention. It was San Diego's first shot at hosting a national convention. But in unprecedented fashion in May 1972, just months before the event, the convention was hurriedly wisked off to Miami. Why Nixon pulled the plug on San Diego has never been adequately explained.
The official version expressed by San Diego's Copley press and other Nixon boosters is linked to a scandal involving I.T.T. Eight days after the host committee had chosen San Diego, an anti-trust suit against ITT was dropped by John Mitchell's Justice Department. ITT and its president Harold Geneen had pledged $400,000 to underwrite the convention in San Diego. Apparently the Justice Department returned the favor and as this theory goes, Republican party damage control necessitated dumping San Diego and its ITT sponsorship.
But why then did it take almost a year for the 'scandal' to effect convention planning? The collusion was known in some circles. After all, Geneen along with San Diego financeer C. Arnholt Smith were Nixon's '68 campaign finance co-chairs. And in March of 1972 the story broke out publicly with renewed force when columnist Jack Anderson began reporting on the connection. Then another two months elapsed before San Diego was dropped.
Even if the Republicans were interested in distancing themselves from Geneen and company, might there not be other events, perhaps even more important factors arguing for a change of venue. We thought it might be interesting to look back on other stories from 1972 not only for the purpose of understanding our own history but for the instructive parallels with current events and the 1996 election cycle.
And because the time leading up to San Diego's first convention 25 years ago was also a time filled with FRIENDLY FIRE .
The San Diego Coup
Richard Popkin, 1973
1972: The San Diego Republican Convention
San Diego is a strange town, where the niceties of Western Civilization cannot hide the power of the buck and the hint of brute force. It is the city built with the largesse of twenty-five years of imperial sway: a stronghold, a haven of anticommunism, a base for racketeers. Richard Nixon considered it his lucky city. He wanted the Republican Convention to be held there, and though the city fathers and the people of San Diego were not terribly enthusiastic, the plans went forward until May 1972, when the president abruptly changed his mind.
San Diego Watergate
Included in these plans, it turns out, was a tumultuous, massive, bloody riot--on such a scale as to justify the most extraordinary preventive measures, including burglary, bugging, sabotage, and perhaps even kidnaping. Watergate, we learn from the likes of John W. Dean, was simply a part of a strategy to maintain domestic tranquillity in the face of a serious left-wing threat.
The Red Menace
Presumably, this Red Menace existed in San Diego as well as Miami. But San Diego has never been a radical stronghold, and while local activists did undertake extensive preparations for antiwar demonstrations during the GOP convention, the Committee to Re-elect the President seems to have had a far higher opinion of their organizing successes than they themselves dared to entertain.
San Diego Bloodbath
Unless, of course, CREEP and its local San Diego allies were hell-bent on making certain that bedlam did in fact occur. That is precisely what a defecting agent provocateur named Louis Tackwood suggested almost a year before. Tackwood told an incredible story back in October and November 1971, one which suggested the Republicans were doing their utmost to turn San Diego into a bloodbath during the convention, with the aim of annihilating the left, smearing the Democrats, and coasting comfortably into four more years of conservative rule. His allegations were regarded as the ravings of a madman until testimony in the Senate caucus room appeared to corroborate some of his wildest stories.
Bombing Demonstrators
He told of preparations to seal off and then bomb a hundred thousand demonstrators attending a rock concert on Fiesta Island in Mission Bay, San Diego. All sorts of mayhem were supposed to occur. Bombs were to be smuggled into Convention Center in hollow furniture, which was already being built in Los Angeles. At least one major Republican official would perish in the melee. The Democratic Party would be tied in to the events, discredited, possibly outlawed. The Republican candidate would then win an easy victory with the overwhelming support of an outraged citizenry. Today, Tackwood sticks by his original story, though he now adds that the plan also called for blowing up the podium as President Nixon was making his acceptance speech!
Civil War in San Diego
Incredible as the Tackwood scenario seemed back in 1971, it sounded less outlandish to San Diego radicals than to those on the outside. For two years, they had quite literally been engaged in protracted warfare with right-wingers determined to drive them out of the area. As early as 1970, activists associated with the San Diego Street Journal, an underground newspaper, were living in an armed fortress which they guarded around the clock against the attacks of night riders who would shoot into their houses, firebomb their cars and threaten their lives.
Terror Campaign
(Curiously, this terror campaign intensified as the paper exposed more and more illegal activities of San Diego kingpin C. Arnholt Smith.) On one occasion, for example, sentries spotted two men crouched behind a car with a high-powered rifle trained on the house. It was late at night, but they were prepared for such emergencies. At a signal, they switched on floodlamps which bathed the house in light and they announced over a loudspeaker system that they would open fire if the men did not withdraw. The gunmen waited a moment, then dismantled their rifle, and drove off into the night.
Activists Targeted
By late 1971, the vigilantes had stepped up their attacks and had chosen their principal targets. One of these was a certain Peter Bohmer, a radical who at the time was teaching economics at San Diego State College. He began receiving threatening phone calls, and on November 13, 1971, a car parked in front of his house was firebombed. Then on December 27, 1971, a group calling itself the Secret Army Organization put out a Special Bulletin on Peter Bohmer. After listing his antiwar activities, and his background, the letter said: "For any of our readers who may care to look up this Red Scum, and say hello, here is some information that may help." Then his address, phone number, and car license were given, plus a physical description. "Now, in case any of you don't believe in hitting people who wear glasses, to be fair, I guess we will have to tell you he wears contact lenses."
In the Cross-hair
On January 6, 1972, cross-hair stickers (the symbol of the SAO) were placed on the doors of three San Diego State College professors, including Bohmer. Then, an anonymous caller telephoned Bohmer's residence to say, "This time we left a sticker, next time we may leave a grenade. This is the SAO." Bohmer's friends were called and told to say goodbye to him. That evening, two shots were fired into Bohmer's home and a woman named Paula Tharp was wounded. The right-wing terror campaign continued for six more months, marked by death threats, menacing phone calls, and warning messages. Its climax came on June 19, 1972, when an SAO member bombed a local porno movie house, the Guild Theatre. This last event finally aroused the San Diego police to drive the group underground.
FBI Terrorism
Police action brought a halt, at least temporarily, to rightwing terrorism in San Diego. But this is not the end of the tale. For in the months that followed a very bizarre story began to unravel, one which involved the SAO, the FBI, and some mysterious contacts between the terrorists and agents of CREEP. The pieces began to appear as early as mid-1972, but it is only in recent months that they have been pulled together by reporters for another San Diego alternative newspaper, the Door.
Secret Army-USA
The SAO, it seems, grew out of the demise of the Minutemen. According to a recently discovered document entitled "History of the Secret Army Organization," it all began one morning in February 1970, when a group of six Minutemen leaders from four states met secretly in Northern Arizona to discuss the crisis that the arrest and imprisonment of two top Minutemen leaders and the assassination of a third had brought on the organization. Although some of these men had met before in their roles as Minutemen group leaders, others were meeting for the first time." These men agreed that "the Minutemen as a national coordination organization of militant rightwing groups had effectively been destroyed by the procommunist elements inside the Justice Department," and they further agreed that the need for a coordinating organization was greater than ever "in view of the increased revolutionary activity by communists in the United States." The new organization was the Secret Army Organization, and it would save America from its leftward drift under Nixon's regime.
Militia Precursors
The initial SAO documents speak of the immediate need to set up paramilitary groups to carry on guerrilla warfare, and even open and conventional warfare. A letter from "General Headquarters" dated November 8, 1971, outlines the nature of SAO operations-combat teams, organization, transportation, travel procedures, weapons and equipment, training lessons, intelligence work, security, etc. They say that the country has entered "Stage II": a time when most people think they can still get along with the government, but "a few real patriots are willing to take part in underground activity. "Stage II" will be a time of assassination and counterassassination, terror and counterterror." It is a period marked by "the communist infiltration and control of the present United States government."
Right-wing Extremists
SAO thus set out to wage total resistance to communism, a small band determined to risk all in the struggle for America. Nationwide, the group probably numbered less than two hundred members, thirty of whom were active in San Diego County. There the group was founded by two men-Jerry Lynn Davis (Southland Coordinator) and Howard Barry Godfrey (San Diego Commander and Intelligence Officer).
Ammonium Nitrate Fertilizer: 1972
In late 1971 and the first half of 1972 the SAO put out bulletins on how to make booby traps, how to use ammonium nitrate in high explosives, and how to gain forced entry into buildings. (Much of this information was taken from Department of the Army technical manuals on "Unconventional Warfare Devices and Techniques.") The San Diego SAO also put out bulletins about local liberals, radicals and antiwar activists, all of whom were lumped together as communists. (These missives went out to a mailing list of two hundred twenty-seven names in the area, including a naval commander, a county supervisor, a vice admiral, a Marine Corps brigadier general, a rear admiral, and some San Diego police officers.) The group was organized into small, semi-autonomous cells. Members were listed by code numbers, and were given mall drops for their contacts.
The FBI Connection
SAO thrived in San Diego until the June 1972 bombing of the Guild Theatre led to the group's fall from grace. A former Birchite named William Francis Yakopec was arrested and charged with the bombing, and in September 1972 he was brought to trial in the Superior Court of the State of California in San Diego before Judge Robert W. Conyers. Much to the astonishment of the SAO supporters, the star witness against Yakopec turned out to be San Diego Commander Godfrey. Then a local fireman, Godfrey admitted he had worked for the FBI since early 1967 as an undercover agent. He did it, he said, because "I felt it was my duty to my country." Before accepting the role, he had talked it over with J. Clifford Wallace, then the State President of the Mormon Church for San Diego, and more recently a federal judge by appointment of Richard Nixon. Wallace put Godfrey in touch with the FBI, and he was assigned to agent Steve Christianson, to whom he reported verbally every day, Godfrey was to work on the militant right wing, and was paid two hundred fifty dollars per month by the FBI. At first he was assigned to the Minutemen and then with the demise of that group in San Diego, he helped start and run the SAO in November 1971. Godfrey testified that his FBI contacts knew all of his activities, including his stockpiling of illegal explosives in his house. This, he said, was done with their permission. (He later gave some of the explosives to Yakopec to "save them for after the Communist takeover of this country.")
Weapons Training
Godfrey functioned as a one-man plumbers' operation within the SAO. He knew how to pick locks, burglarize, bomb and handle guns. The FBI paid his dues and covered his expenses. All this enabled him to carry on effectively as a terrorist. At Yakopec's trial, he said that he actively recruited for the group. What kind of people did he look for? "People with previous right-wing connections." Did he enlist potentially dangerous elements? "Yes, sir."
The Assault on Activists
Apparently, Godfrey himself was among the more dangerous elements in the SAO, and agent Christianson among the more dangerous eminences grises of the operation. During the Yakopec trial, Godfrey admitted that he had driven the car from which another SAO member, George Hoover, had fired into Bohmer's house, wounding Paula Tharp. Subsequently, he had taken the weapon to Christianson, who had hidden it for six months. (This was evidently insufficient grounds for the FBI to take disciplinary action against agent Christianson. He continued as Godfrey's contact until the bombing of the Guild Theatre, at which point he was removed by L. Patrick Gray himself. He currently resides in Kanosh, Utah.)
Propaganda
In addition, Godfrey confessed to publishing a certain leaflet on February 18, 1972, the day on which President Nixon left for China. The bulletin was headlined "Wanted for Treason," and it featured a picture of Nixon and an inflammatory text which accused the president of high treason because of his China policy. The SAO symbol appeared at the bottom of the text, and the group distributed it in fifteen cities-including San Diego, Phoenix, Yuma, San Francisco, and Bellingham, Washington.
Underwriting Expenses
At the Yakopec trial, Godfrey testified that he had paid the printer for the posters, picked them up, and was reimbursed by the FBI, and that the FBI understood tle nature of his expenditures and saw all of his SAO publications. As for poor Yakopec, who had joined the SAO through Godfrey, his next door neighbor, he admitted to owning several of the posters: he said he stored them under his mattress. Why there? "I thought they were kind of corny." Later, he testified that he kept a bomb with the Nixon posters. Did he generally keep bombs under his bed? "No, I like to sleep too well." (When I visited the San Diego Court House to see the exhibit in question, the custodian located a stack of thirty-three posters, with the bomb casing stiill attached!)*
Dallas to Watergate
lt was not noted at the time, but in fact these posters bear a remarkable resemblance to leaflets which were distributed in Dallas, Texas, just one or two days prior to the assassination of President Kennedy. That poster likewise bore the headline "Wanted for Treason" and it also featured pictures (front and profile) of JFK and an inflammatory text about the president's allegedly treasonous activities. On the hunch that the leaflet might have some connection with the assassination, the Warren Commission sent Secret Service agents to track down its author and printer. They worked from late November 1963 to May 1964 until they found that Robert G. Klause had printed the flyer and that Robert Allan Surrey, an associate of General Walker, had ordered it. When Surrey testified before the Commission on June 16, 1964, he pled the Fifth Amendment on all questions concerning the leaflet. The late Hale Boggs, a member of the Warren Commission, pointed out that Surrey "is the only witness out of hundreds who has pled the Fifth Amendment." Klause denied any interest in or involvement with the contents of the leaflet, and there the matter was allowed to rest. By that point, the Warren Commission was determined to prove that Oswald had acted alone, and therefore lost interest in trying to connect the assassination with the leaflet.
SAO Collapse
Godfrey's surfacing as an FBI agent rattled the remnants of the SAO. They were angry at having been set up by the FBI, and when reporters for the Door began approaching their old adversaries for information earlier in 1973, they found that many were willing to cooperate; some were even friendly. And as the SAO began to open up, a pattern began to emerge which seemed to link the San Diego events to Watergate.
Breakthrough
The breakthrough came in the spring when an editor of the Door made contact with a former SAO militant named Jerry Busch. From November 1969 to the summer of 1971, said Busch, Howard Barry Godfrey made frequent visits to the Gunsmoke Ranch in El Cajon. "It was also during June, July, and August of 1971 that Barry Godfrey and Donald Segretti (posing as 'Don Simms') visited Gunsmoke and though supposedly not 'knowing each other,' they spoke together on at least one occasion," in a quiet conversation aside. The Segretti connection is important in itself; it is particularly interesting insofar as--according to Busch's account--Segretti was in touch with SAO while contacting his old college chums Dwight Chapin and Gordon Strachan in June 1971, but before commencing work as a dirty trickster in September 1971.
Segretti in San Diego
Busch did not say what Segretti discussed at the Gunsmoke Ranch, but he did report that following "these casual conversations" Godfrey came up with bizarre ideas to take care of what he called "those red punks"-in the event that the GOP held its convention in San Diego. Among Godfrey's plans in October 1971 were:
the use of massive dosages of LSD, cyanide or strychnine introduced into the punch at antiwar group meetings;
bombing of the VVAW headquarters, the Guild Theatre, and several porno shops;
bombings of the homes or offices of antiwar leaders;
kidnaping or assassination of antiwar leaders and activists;
fire bombing of vehicles and other property belonging to antiwar activists.
Low Altitude Bombing
By November and December 1971, Busch continued, Godfrey had become more ambitious: he wanted to acquire drone planes which would carry payloads of high explosives and phosphorus to be dropped on the demonstrators. In addition, Godfrey spoke of using similar air craft, loaded with TNT or C-4 plastique, to blow up Air Force One and assassinate Nixon. The idea was to fly a bomb into the presidential jet as it landed either at Lindbergh Field or at El Toro Marine Base. Busch claimed that he had expressed horror at the suggestion and told Godfrey he had lost his mind suggesting anything as insane as an attempt on the life of the president. Shortly thereafter, Busch and Godfrey parted ways after the former grew suspicious that he was being set up to take the rap on the shooting of Paula Tharp. By March 1972, he had left San Diego and has not yet returned.
Setting Up the Pattsies
Even before Busch left the SAO, the "Wanted for Treason" leaflet was printed and distributed. Another former SAO member corroborates that in this same period--January-February, 1972--Godfrey tried to find someone to build a plane that would carry a load of high explosives. (In addition, he was apparently trying to obtain another plane for the purpose of gassing or bombing demonstrators on Fiesta Island.) After Busch's departure, the SAO issued its April 1972 bulletin which began with a quote attributed to Abraham Lincoln, "A tyrant would not come to the United States from across the sea. If he comes, he'll ride down Pennsylvania Avenue from his inauguration and take up legal residence of the White House." Then followed detailed instructions on the manufacture of explosives which might be used to destroy a large bridge (Tackwood's scenario included the demolition of two bridges on and off of Fiesta Island) and on various methods of forced entry into buildings.
A Sinister Plot
Was there a right-wing plot to kill the president? Tackwood says so. Busch says that FBI informer Barry Godfrey talked about it. The "Wanted for Treason" poster certainly indicated no loss of love between the extreme right and the president, and Godfrey was checking out the availability of drone planes.
Secret Information
The L.A. Times reported on July 13, 1973 that a former Minuteman had requested political asylum in Fiji, saying he had secret information on Watergate and feared assassination.
San Diego Dirty Tricks
All of this proves nothing, of course, but it suggests that the Dirty Tricks operation may have been much more complex than we have been led to believe. Perhaps there was a plot to kill Nixon. In August 1973, Godfrey reportedly admitted to the San Diego Door that there was a real plot to kill Nixon. He blames the plan on his erstwhile cohort, Gary Lynn Davis. Then again Godfrey's plot may have been a further hoax aimed at discrediting the left and the Democratic Party. What did Segretti discuss with Godfrey, and why and how did he meet Godfrey in the first place? How did it happen that the FBI financed a threat on the life of a president (a crime which carries a penalty of up to five years in jail and a thousand-dollar fine)? In the past, the Secret Service has taken such threats very seriously. A check of the New York Times index shows that at least eleven people were arrested between January 1972 and May 1973 for doing much less than Godfrey. Most seem to have been psychopaths or drunks, with no positive plan--just verbal threats.
Expanding Networks
But then there are other instances: Arthur Bremer's Ottawa visit on April 13-14, 1972, for example, when he supposedly stalked Nixon. On May 30, three bombs demolished the tomb of the father of the Shah of Iran an hour before Nixon was scheduled to lay a wreath there. On August 11, a certain A. B. Topping was arrested in New York after paying an undercover agent a thousand dollars to kill Nixon. Topping, it developed, was well-to-do, of the American Nazi political persuasion, and interested in having the president killed the week after the payoff. No trial has been held. And then in late May 1973, one of Nixon's helicopters went down in the Bahamas. It subsequently came out that the president has three helicopters ready at all times and chooses which to use one minute before the flight.
Revisiting Kennedy
Watergate has uncovered an administration racked by factionalism. Under Hoover, the FBI was at odds with the White House--to such a degree that Hoover was willing to use secret documents to blackmail the president. In addition, Nixon was having his difficulties with the leaders of the CIA, and James McCord wrote to John Caulfield at Christmas 1972 that if Nixon pushed out Helms and involved the CIA in Watergate, "every tree in the forest will fall." Could there have been other tensions as well? Were there elements which opposed Nixon for his policy of rapprochement with China and Russia, and which would have preferred, say, Spiro Agnew as President?
Another Plot
After returning from San Diego in July 1972, acting FBI director, L. Patrick Gray, talked to Nixon and said: "Mr. President, there is something I want to speak to you about. Dick Walters and I feel that people on your staff are trying to mortally wound you by using the CIA and the FBI . . ." His words may have carried greater import than any of us has heretofore suspected.
The original version of this essay, entitled "The Strange Tale of the Secret Army Organization (USA)," @ 1973, appeared in Ramparts, October 1973. Reprinted by permission of the
Organized crime, the American Mafia and the national crime syndicate were chartered in the 1920s, concurrent with the establishment of J. Edgar Hoover's Federal Bureau of Investigation. Both groups - according to former FBI agent Neil J. Welch and ex-U.S. attorney David W. Marston, in their book Inside Hoover's FBI - matured in the 1930s. "Although they were presumptive enemies," the authors suggest, "during their first four decades they competed primarily for newspaper space."
J. Edgar Hoover was the best FBI director organized crime could ever have wanted; it was difficult for syndicate members to be antagonized by a law enforcement official who claimed neither organized crime nor a Mafia existed in the United States. Without a man like Hoover heading the FBI it is inconceivable that organized crime and the Mafia could ever have reached the heights of power, wealth and administrative organization.
Prohibition gave new life to the criminal gangs of an earlier era that had started to collapse just prior to World War I. Bootlegging brought about the reconstruction of the gangs.' Suddenly they became so wealthy and powerful that, instead of being the puppets of the political machines, they pulled the strings. Illiterate punks became the great robber barons of the 20th century, and it was these men who provided the muscle to create organized crime in America (in its truest meaning of a syndicate with interlocking relationships with other mobs around the country).
To establish a national syndicate, various levels of government officials, politicians and law enforcement groups were subverted. Aiding in this task was Hoover, who refused to stalk syndicate gangsters, denying the existence of such groups as a crime syndicate of Mafia.
Many theories have been offered for Hoover's bizarre behavior, and in each there is probably at least partial truth. Hoover probably was fearful that, like other law enforcement agencies that came in contact with organized crime and the Mafia, the FBI would be tarred with the brush of corruption, since syndicate criminals had huge funds available for the fix. He preferred his agents move against such perils to the republic as teenage car thieves. These were readily apprehended, and he could cite endless if meaningless statistics to the Senate Appropriations Committee that XXX numbers of cars worth XXX numbers of dollars were recovered, thus justifying further expansion of the FBI budget.
One-time number three man in the FBI, William C. Sullivan, stated in his book, The Bureau: My Thirty Years in Hoover's FBI (published just after his accidental death): ". . . the Mafia is powerful, so powerful that entire police forces or even a mayor's office can be under Mafia control. That's why Hoover was afraid to let us tackle it. He was afraid that we'd show up poorly. Why take the risk, he reasoned, until we were forced to by public exposure of our shortcomings." Sullivan, more of less regarded as Nixon's man in the agency, was most likely to succeed Hoover if Nixon had carried out his wish to fire Hoover, a step that Nixon drew back from. ("Christ almighty," Assistant Attorney General Robert Mardian once reported to Sullivan of an aborted attempt, "Nixon lost his guts.")
In place of fighting organized crime, Hoover lay special emphasis on relatively easy targets, with a highly publicized war on so-called public enemies - Dillinger, Ma Barker (who never was charged with any crime), Pretty Boy Floyd, Machine Gun Kelly (who never fired his gun at anyone in anger) and other targets more easily hit than the Mafia. "The whole of the FBI's main thrust," said Sullivan, "was not investigation but public relations and propaganda to glorify its director."
Historian Albert Fried has written that "Hoover paid so little attention to organized crime, indeed, so little that one could accuse him of dereliction of duty." In The Rise and Fall of the Jewish Gangster in America, Fried contends that Hoover thought organized crime "constituted no immediate danger to established order. Or, as some have argued, he assumed that the gang/syndicate members . . . were in fact pillars of the status quo. They at least had a vested interest in the health of the free enterprise system, in America's triumph over communism and for that matter over Socialism and liberalism too - over anything that might remotely threaten their specific opportunities." Thus, Fried concluded, the more intelligent mobsters a la Al Capone, Moe Dalitz and Meyer Lansky, were valuable defenders of capitalism and thus to a certain extent "J. Edgar Hoover's ideological kinsmen."
A Hoover biographer, investigative reporter Hank Missick, carries the idea even further, declaring, "John Edgar Hoover has received support, as well as more tangible rewards, from right-wing businessmen who, in turn, have dealt directly and indirectly with organized crime figures who have not been disturbed by John Edgar Hoover."
However, the Fried-Messick theses may be granting a depth to Hoover's motivations that was not really there. The more standard view is that Hoover simply was too afraid to go after the Mafia and organized crime and rationalized this fear by claiming: 1) the problem didn't exist and 2) (falsely) that his agency lacked the authorization to do anything anyway. This so the argument goes, suffices to explain his reluctance to war on the syndicate.
Additionally, Hoover regarded some members of organized crime as "ideological kinsmen" for reasons other than what Fried states. He once told Frank Costello in the Stork Club, "Just stay out of my bailiwick" and that he in turn would stay of his. Costello's bailiwick was gambling. Hoover, an inveterate horse player, was very tolerant of that activity and said, "The FBI has much more important functions to accomplish than arresting gamblers all over the country." Only to Hoover was it not apparent that with the end of Prohibition, gambling became the chief source of revenue to organized crime, the grease that kept the mob's other rackets functioning - everything from buying protection from the law to financing enormous narcotics enterprises - and murder.
Hoover's morning-noon-and-night devotion to duty has always been a bit exaggerated; within the FBI his disappearances in the afternoon were legendary. He and his lifelong sidekick Clyde Tolson would head for a bulletproof car in the courtyard of the Department of Justice after announcing they were off to work on a case. Actually, they would be on their way to make the first race at Bowie, Pimlico, Charleston, Laurel, Havre deGrace - wherever the bangtails were running. Hoover's preoccupation with the races became so pronounced that he was frequently photographed at the $2 window and had a form letter that was sent out to irate citizens objecting to his wagering. (He said he was really only interested in the improvement of the breed and only bet $2 now and then so as not to embarrass his hosts.)
In truth, Hoover played the role of decoy at the $2 window. As Sullivan stated, and others have confirmed, "He had agents assigned to accompany him to the track place his real bets at the hundred-dollar window, and when he won Hoover was a pleasure to work with for days."
But nobody seemed more determined to keep Hoover happy than the boys in the mob. A happy Hoover was not likely to destroy gamblers and syndic criminals, and so the mob developed a technique to stroke the FBI kingpin. The key in this operation was Costello and a mutual friend, gossip columnist Walter Winchell. Hoover got horse tips from Winchell who got them from Costello who, in turn, got them from Frank Erickson, the nation's leading bookmaker. The tips were on "sure things," a term that does not connote in mob vernacular the best horse in a race as much as the one who was going to win. Erickson and Costello spelled sure thing: "F-I-X."
This cozy arrangement, corroborated by Winchell staffers, had the desired effect from Costello's viewpoint. He was a man whom Hoover could not dislike, one whom he invited for coffee at the Waldorf Astoria. "I got to be careful of my associates," Costello told him. "They'll accuse me of consortin' with questionable characters." But as long as Costello provided Hoover with solid tips - and didn't run with a youth gang heisting cars or join the Communist Party - he was relatively safe from retribution.
Some may object to the idea of Hoover being influenced so simply by the mob, through a few race winners, but only a true horseplayer can really comprehend the warm feelings a gambler has for the man giving him a tip that stands up.
Whatever the reason, from malfeasance to non-feasance, to laziness, to fear, to stroking by the mob, J. Edgar Hoover kept right on denying the existence of organized crime. The charade ended by what FBI agent Welch called "an accident." The accident was the discovery of the underworld conference at Apalachin, New York, in 1957. As Welch stated: "The victims of this accident came in through crime figure Joe Barbara's front door. The lucky ones made it out into the woods . . . Sixty others left in state police cars. It was the biggest roundup of organized crime bosses in national history, and it was an accident."
And another casualty was Hoover. The New York Herald Tribune wondered in an editorial where Hoover and his FBI were while organized crime was growing in America. Not even Hoover had the nerve to go on with the line that it didn't exist. He threw the FBI into a turmoil, demanding his agents now get him off the hook and prove there was a Mafia and that the bureau had known about it all the time.
The hot potato was thrown to the research and analysis section and the FBI was off on an incredible three-decade game of catch-up, learning everything about the previously-invisible forces of organized crime and the Mafia. Several agents were put on the research, and one agent, Charles Peck, stayed in the office every night until 11 or 12, reading no fewer than 200 books on the Mafia and checking through the New York Times coverage of "organized crime" for the previous 100 years. The conclusion was inevitable: The Mafia existed and had operated in America for many decades.
While many FBI agents now felt free to launch investigations against the mobs, Hoover soon tired of the chase and probably would have eased back on FBI crackdowns as the heat dissipated. But the appointment in 1961 of Robert Kennedy as attorney general kept Hoover on his toes. Unlike his predecessors, who had been fearful of tangling with Hoover, Robert Kennedy pushed the FBI chief hard; he had to go after the "Cosa Nostra."
When Kennedy resigned office, Hoover saw to it, as Sullivan put it, that "the whole Mafia effort slacked off again." In fact, the FBI war against the Mafia remained slack until Hoover's death in 1972. Since then the Mafia and the FBI have been in a persistent confrontation.
On the day of Hoover's death in 1972 three men, identified to an onlooker as "Gambino guys from Brooklyn," were leaving Aqueduct Racetrack in New York. One picked up a copy of the New York Post headlining the FBI chief's demise and rushed back excitedly to the other two. One of them, clearly the highest-ranking of the three, kept up a brisk pace and announced with a shrug of the shoulders: "You know what I feel about this - absolutely nothing. This guy meant nothing to us one way or other."