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  • Canadian spy aided eight more British nationals join ISIS along with three girls

    Canadian spy aided eight more British nationals join ISIS along with three girls

    The Syrian national suspected of being a spy working for the Canadian intelligence agency, identified as Mohammed al-Rashed, who helped the three British girls cross into Syria through the Turkish border to join the Islamic State of Iraq and al-Sham (ISIS) also aided another eight Britons join the group, Turkish media reported on Friday.

    According to Doğan News Agency’s report, the suspect greeted 12 British people, including three teenage girls, at Ataturk International Airport in Istanbul and bought them bus tickets to Gaziantep, a Turkish province bordering Syria while allegedly handing the recruits to an ISIS commander.

    On Friday, Foreign Minister Mevlüt Çavuşoğlu announced that the suspect has been caught in connection with smuggling the three British girls who left their London homes in early February, into Syria.

    He went on to say that the person was working for the intelligence service of a country “that is a member of the international coalition” against ISIS, referring to U.S.-led forces carrying out air strikes against the armed group. He refrained from naming the country, other than stating that it is “not the United States, nor a European Union country.” The coalition also includes several Arab countries as well as Australia and Canada.

    Security sources told Daily Sabah on Thursday that the person detained was a member of Canada’s intelligence agency.

    A Haber, an Istanbul-based news network, released footage showing the man, identified as Mohammed al-Rashed, speaking to the girls in a Turkish town near the border before the trio board a vehicle to cross into Syria. The footage, captured by a hidden camera by Rashed, recorded in Gaziantep, shows Rashed welcoming the girls as they exit a taxicab. He tells them they will be in Syria “within an hour,” as they carry their bags to another vehicle and adds that he will not go with them.

    He was detained on February 28 in Şanlıurfa, another Turkish province on the border. Turkish newspaper Star reported that Rashed was arrested on March 4 by a court and confessed to smuggling the girls into Syria.

    Star newspaper released excerpts from the purported interrogation of Rashed by Turkish security services. He told police he was working for Canadian intelligence and contacted Canadian intelligence agents occasionally in a Canadian consulate in Jordan. He said he informed Canadian intelligence officers about smuggling the girls on February 21. Rashed claimed he was looking to be granted Canadian citizenship by helping the intelligence service.

    Star also reported Rashed entered and departed Turkey 33 times starting in 2013 through Istanbul and border crossings between Turkey and Syria. The article said photos of passports of 20 people, including the three British girls, were found on the hard drive of the computer in his possession, along with hidden camera footage showing potential ISIS recruits traveling to Syria.

    A spokesperson for Canada’s Ministry of Public Safety and Emergency Preparedness responded to the inquiry and said Canada was “aware” of the reports but “will not comment on operational matters of national security.” The Canadian Embassy in Turkey had declined to comment on the matter on Thursday.

    DAILY SABAH
    March 14, 2015

    Find this story at 14 March 2015

    Copyright © 2015 Tüm hakları saklıdır

    Turkey holds foreign spy for helping British girls travel to Syria to join Islamic State

    Ankara: Turkey says it has detained an intelligence agent working for one of the states in the US-led coalition fighting Islamic State for helping three British teenage girls cross into Syria to join the jihadists.

    The surprise revelation by Foreign Affairs Minister Mevlut Cavusoglu on Thursday appeared aimed at deflecting sustained criticism from Western countries that Turkey is failing to halt the flow of jihadists across its borders.

    “Do you know who helped those girls? He was captured. He was someone working for the intelligence [service] of a country in the coalition,” Mr Cavusoglu told the A-Haber channel in an interview published by the official Anatolia news agency.

    A Turkish government official said the agent was arrested by Turkey’s security forces 10 days ago, and added that the person was not a Turkish citizen.

    “We informed all the countries concerned,” the official said. “It’s not an EU member, it’s also not the United States. He is working for the intelligence of a country within the coalition,” Mr Cavusoglu added, without further specifying the nationality of the detained agent.

    The coalition also includes countries such as Saudi Arabia, Qatar, Jordan, Bahrain, Australia and Canada.

    A European security source familiar with the case of the three girls said the person in question had a connection with the Canadian Security Intelligence Service spy agency.

    A Canadian government source in Ottawa said the person was not a Canadian citizen and was not employed by CSIS. The source did not respond when asked whether the person had been working for CSIS.

    The spy agency did not respond to requests for comment.

    Close friends Kadiza Sultana, 16, and 15-year-olds Shamima Begum and Amira Abase, crossed into Syria after boarding a flight from London to Istanbul on February 17. They took a bus from Istanbul to the south-eastern Turkish city of Sanliurfa close to the Syrian border, from where they are believed to have crossed the frontier.

    AFP, Reuters
    March 13, 2015

    Find this story at 13 March 2015

    Copyright © 2015 Fairfax Media

    Canadian spy said to be detained in Turkey for helping British teens join ISIS

    MONTREAL – Turkish authorities say they have detained a spy for helping three British girls join Islamic State, and reports say the detainee worked for Canada’s spy agency.

    Turkey hasn’t officially identified the spy’s home country.

    However, foreign minister Mevlut Cavusoglu said the spy is from the military coalition against Islamic State and is not from Europe or the United States.

    Several Turkish media, citing government sources, have said the detained spy was working for Canadian intelligence.

    Tahera Mufti, spokeswoman for CSIS, did not respond to a written request for comment.

    The office of Public Safety Minister Steven Blaney, the federal minister responsible for CSIS, issued a brief statement.

    “We are aware of these reports,” said Blaney’s office. “We do not comment on operational matters of national security.”

    A source in the Canadian government told QMI Agency that the individual held in Turkey was not a Canadian citizen.

    The source, who spoke on condition of anonymity, also claimed the individual was not “an employee of the Canadian Security Intelligence Service.”

    The source wouldn’t say if the detainee was a freelance or contracted intelligence agent.

    The Turkish Prime Ministry’s Office of Public Diplomacy also released a statement on the matter, saying the capture of the intelligence officer “showcased a complex problem involving intelligence wars.”

    “This incident should be a message to those always blaming Turkey on the debate on the flow of foreign terrorist fighters, and shows it is a problem more complicated than a mere border security issue,” said the office. “Turkey will continue its call for stronger intelligence sharing, and is worried about the lack of intelligence sharing in a matter involving the lives of three young girls.”

    Shamima Begum, 15, Amira Abase, 15, and Kadiza Sultana, 16, crossed into Syria to join militants after leaving Britain last month.

    The Canadian government is currently proposing a law that would formally authorize CSIS to conduct foreign operations “without regard to any other law, including that of any foreign state.”

    Blaney told senators just this week that the proposed law would be aimed at tackling the threat posed by Canadians who become foreign fighters in unstable countries.

    CSIS has already engaged in several foreign operations, including in Afghanistan, and once even had a secret station somewhere inside Turkey. It is unclear if that station is still open.

    Ray Boisvert, a former CSIS deputy director of operations, told QMI on Thursday that people have claimed they work for an intelligence service but that doesn’t mean it’s always true.

    “There could be a political agenda or somebody who is overstating their connectivity to the service,” he added. “Turkey is a very complicated environment. I’m a little suspicious.”

    ANDREW MCINTOSH, QMI AGENCY
    Mar 12, 2015, Last Updated: 3:51 PM ET

    Find this story at 12 March 2015

    Copyright cnews.canoe.ca

    Syrian agent ‘worked as courier to deliver money to IS’

    Ankara (AFP) – An agent who helped three British schoolgirls cross into Syria to join the Islamic State group was also working as a courier to transfer money to jihadists, a Turkish newspaper reported on Sunday.

    Media reports in Turkey have said he was working for Canadian intelligence — a claim rejected by Ottawa.

    The Milliyet newspaper reported that the man, a dentist using the name “Doctor Mehmed Resid”, told Turkish police during questioning that he received the money sent from abroad before it was delivered to IS militants.

    The agent said he withdrew the cash from a branch of Western Union and delivered it to Syrian jewellers working in the southeastern Turkish city of Sanliurfa close to the Syrian border, Milliyet reported.

    The jewellers then contacted their colleagues in Syria and a middleman would come to their shops.

    The agent told investigators that his brother, who lives in the Syrian city of Raqa, an Islamic State stronghold, received the money from the jewellers and delivered it to IS militants, according to Milliyet.

    The report did not reveal who sent the money in the first place, only that it came from abroad.

    Video footage emerged Friday purportedly showing the same man helping the British girls into a car in Sanliurfa on their way to Syria.

    Close friends Kadiza Sultana, 16, and 15-year-olds Shamima Begum and Amira Abase, crossed into Syria after boarding a flight from London to Istanbul on February 17.

    They took a bus from Istanbul to Sanliurfa, from where they are believed to have crossed the frontier.

    AFP
    March 15, 2015 6:22 AM

    Find this story at 15 March 2015

    Copyright news.yahoo.com

    US: Terrorism Prosecutions Often An Illusion Investigations, Trials of American Muslims Rife with Abuse

    (Washington, DC) –The US Justice Department and the Federal Bureau of Investigation (FBI) have targeted American Muslims in abusive counterterrorism “sting operations” based on religious and ethnic identity, Human Rights Watch and Columbia Law School’s Human Rights Institute said in a report released today. Many of the more than 500 terrorism-related cases prosecuted in US federal courts since September 11, 2001, have alienated the very communities that can help prevent terrorist crimes.

    The 214-page report, “Illusion of Justice: Human Rights Abuses in US Terrorism Prosecutions,” examines 27 federal terrorism cases from initiation of the investigations to sentencing and post-conviction conditions of confinement. It documents the significant human cost of certain counterterrorism practices, such as overly aggressive sting operations and unnecessarily restrictive conditions of confinement.
    “Americans have been told that their government is keeping them safe by preventing and prosecuting terrorism inside the US,” said Andrea Prasow, deputy Washington director at Human Rights Watch and one of the authors of the report. “But take a closer look and you realize that many of these people would never have committed a crime if not for law enforcement encouraging, pressuring, and sometimes paying them to commit terrorist acts.”

    Many prosecutions have properly targeted individuals engaged in planning or financing terror attacks, the groups found. But many others have targeted people who do not appear to have been involved in terrorist plotting or financing at the time the government began to investigate them. And many of the cases involve due process violations and abusive conditions of confinement that have resulted in excessively long prison sentences.

    The report is based on more than 215 interviews with people charged with or convicted of terrorism-related crimes, members of their families and their communities, criminal defense attorneys, judges, current and former federal prosecutors, government officials, academics, and other experts.

    In some cases the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act. Multiple studies have found that nearly 50 percent of the federal counterterrorism convictions since September 11, 2001, resulted from informant-based cases. Almost 30 percent were sting operations in which the informant played an active role in the underlying plot.

    In the case of the “Newburgh Four,” for example, who were accused of planning to blow up synagogues and attack a US military base, a judge said the government “came up with the crime, provided the means, and removed all relevant obstacles,” and had, in the process, made a terrorist out of a man “whose buffoonery is positively Shakespearean in scope.”

    The FBI often targeted particularly vulnerable people, including those with intellectual and mental disabilities and the indigent. The government, often acting through informants, then actively developed the plot, persuading and sometimes pressuring the targets to participate, and provided the resources to carry it out.

    “The US government should stop treating American Muslims as terrorists-in-waiting,” Prasow said. “The bar on entrapment in US law is so high that it’s almost impossible for a terrorism suspect to prove. Add that to law enforcement preying on the particularly vulnerable, such as those with mental or intellectual disabilities, and the very poor, and you have a recipe for rampant human rights abuses.”

    Rezwan Ferdaus, for example, pled guilty to attempting to blow up a federal building and was sentenced to 17 years in prison. Although an FBI agent even told Ferdaus’ father that his son “obviously” had mental health problems, the FBI targeted him for a sting operation, sending an informant into Ferdaus’ mosque. Together, the FBI informant and Ferdaus devised a plan to attack the Pentagon and US Capitol, with the FBI providing fake weaponry and funding Ferdaus’ travel. Yet Ferdaus was mentally and physically deteriorating as the fake plot unfolded, suffering depression and seizures so bad his father quit his job to care for him.

    The US has also made overly broad use of material support charges, punishing behavior that did not demonstrate an intent to support terrorism. The courts have accepted prosecutorial tactics that may violate fair trial rights, such as introducing evidence obtained by coercion, classified evidence that cannot be fairly contested, and inflammatory evidence about terrorism in which defendants played no part – and asserting government secrecy claims to limit challenges to surveillance warrants.

    Ahmed Omar Abu Ali is a US citizen who alleged that he was whipped and threatened with amputation while detained without charge in Saudi Arabia – after a roundup following the 2003 bombings of Western compounds in the Saudi capital of Riyadh – until he provided a confession to Saudi interrogators that he says was false. Later, when Ali went to trial in Virginia, the judge rejected Ali’s claims of torture and admitted his confession into evidence. He was convicted of conspiracy, providing material support to terrorists, and conspiracy to assassinate the president. He received a life sentence, which he is serving in solitary confinement at the federal supermax prison in Florence, Colorado.

    The US has in terrorism cases used harsh and at times abusive conditions of confinement, which often appear excessive in relation to the security risk posed. This includes prolonged solitary confinement and severe restrictions on communicating in pretrial detention, possibly impeding defendants’ ability to assist in their own defense and contributing to their decisions to plead guilty. Judges have imposed excessively lengthy sentences, and some prisoners suffer draconian conditions post-conviction, including prolonged solitary confinement and severe restrictions on contact with families or others, sometimes without explanation or recourse.

    Nine months after his arrest on charges of material support for terrorism and while he was refusing a plea deal, Uzair Paracha was moved to a harsh regime of solitary confinement. Special Administrative Measures (SAMs) – national security restrictions on his contact with others – permitted Paracha to speak only to prison guards.

    “You could spend days to weeks without uttering anything significant beyond ‘Please cut my lights,’ ‘Can I get a legal call/toilet paper/a razor,’ etc., or just thanking them for shutting our light,” he wrote to the report’s researchers. After he was convicted, the SAMs were modified to permit him to communicate with other inmates. “I faced the harshest part of the SAMs while I was innocent in the eyes of American law,” he wrote.

    These abuses have had an adverse impact on American Muslim communities. The government’s tactics to seek out terrorism suspects, at times before the target has demonstrated any intention to use violence, has undercut parallel efforts to build relationships with American Muslim community leaders and groups that may be critical sources of information to prevent terrorist attacks.

    In some communities, these practices have deterred interaction with law enforcement. Some Muslim community members said that fears of government surveillance and informant infiltration have meant they must watch what they say, to whom, and how often they attend services.

    “Far from protecting Americans, including American Muslims, from the threat of terrorism, the policies documented in this report have diverted law enforcement from pursuing real threats,” Prasow said. “It is possible to protect people’s rights and also prosecute terrorists, which increases the chances of catching genuine criminals.”

    Find this report at 21 July 2014

    © Copyright 2014, Human Rights Watch

    Government agents ‘directly involved’ in most high-profile US terror plots

    • Human Rights Watch documents ‘sting’ operations
    • Report raises questions about post-9/11 civil rights

    Nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the “direct involvement” of government agents or informants, a new report says.

    Some of the controversial “sting” operations “were proposed or led by informants”, bordering on entrapment by law enforcement. Yet the courtroom obstacles to proving entrapment are significant, one of the reasons the stings persist.

    The lengthy report, released on Monday by Human Rights Watch, raises questions about the US criminal justice system’s ability to respect civil rights and due process in post-9/11 terrorism cases. It portrays a system that features not just the sting operations but secret evidence, anonymous juries, extensive pretrial detentions and convictions significantly removed from actual plots.

    “In some cases the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act,” the report alleges.

    Out of the 494 cases related to terrorism the US has tried since 9/11, the plurality of convictions – 18% overall – are not for thwarted plots but for “material support” charges, a broad category expanded further by the 2001 Patriot Act that permits prosecutors to pursue charges with tenuous connections to a terrorist act or group.

    In one such incident, the initial basis for a material-support case alleging a man provided “military gear” to al-Qaida turned out to be waterproof socks in his luggage.

    Several cases featured years-long solitary confinement for accused terrorists before their trials. Some defendants displayed signs of mental incapacity. Jurors for the 2007 plot to attack the Fort Dix army base, itself influenced by government informants, were anonymous, limiting defense counsel’s ability to screen out bias.

    Human Rights Watch’s findings call into question the post-9/11 shift taken by the FBI and other law enforcement agencies toward stopping terrorist plots before they occur. While the vast majority of counterterrorism tactics involved are legally authorized, particularly after Congress and successive administrations relaxed restrictions on law enforcement and intelligence agencies for counterterrorism, they suggest that the government’s zeal to protect Americans has in some cases morphed into manufacturing threats.

    The report focuses primarily on 27 cases and accordingly stops short of drawing systemic conclusions. It also finds several trials and convictions for “deliberate attempts at terrorism or terrorism financing” that it does not challenge.

    The four high-profile domestic plots it found free of government involvement were the 2013 Boston Marathon bombing; Najibullah Zazi’s 2009 plot to bomb the New York subway; the attempted Times Square carbombing of 2010; and the 2002 shooting at Los Angeles International Airport’s El Al counter.

    But the report is a rare attempt at a critical overview of a system often touted by the Obama administration and civil libertarian groups as a rigorous, capable and just alternative to the military tribunals and indefinite detention advocated by conservative critics. It comes as new pressure mounts on a variety of counterterrorism practices, from the courtroom use of warrantless surveillance to the no-fly list and law enforcement’s “suspicious activity reports” database.

    In particular, Human Rights Watch examines the extent and impact of law enforcement’s use of terrorism informants, who can both steer people into attempted acts of violence and chill religious or civic behaviour in the communities they penetrate.

    Linda Sarsour, the executive director of the Arab American Association of New York, a social services agency, told the Guardian she almost has a “radar for informants” sent to infiltrate her Brooklyn community.

    While the FBI has long relied on confidential informants to alert them to criminal activity, for terrorism cases informants insert themselves into Muslim mosques, businesses and community gatherings and can cajole people toward a plot “who perhaps would never have participated in a terrorist act on their own initiative”, the study found.

    Many trade information for cash. The FBI in 2008 estimated it had 15,000 paid informants. About 30% of post-9/11 terrorism cases are considered sting operations in which informants played an “active role” in incubating plots leading to arrest, according to studies cited in the Human Rights Watch report. Among those roles are making comments “that appeared designed to inflame the targets” on “politically sensitive” subjects, and pushing operations forward if a target’s “opinions were deemed sufficiently troubling”.

    Entrapment, the subject of much FBI criticism over the years, is difficult to prove in court. The burden is on a defendant to show he or she was not “predisposed” to commit a violent act, even if induced by a government agent. Human Rights Watch observes that standard focuses attention “not on the crime, but on the nature of the subject”, often against a backdrop where “inflammatory stereotypes and highly charged characterizations of Islam and foreigners often prevail”.

    Among the informants themselves there is less ambiguity. “It is all about entrapment,” Craig Monteilh, one such former FBI informant tasked with mosque infiltration, told the Guardian in 2012.

    Informants, the study found, sometimes overcome their targets’ stated objections to engage in terrorism. A man convicted in 2006 of attempting to bomb the Herald Square subway station in Manhattan told an informant who concocted the plot he would have to check with his mother and was uncomfortable planting the bombs himself. One member of the “Newburgh Four” plot to attack synagogues and military planes – whose case is the subject of an HBO documentary airing on Monday – told his informant “maybe my mission hasn’t come yet”.

    Once in court, terrorism cases receive evidentiary and pre-trial leeway rarely afforded to non-terrorism cases. A federal judge in Virginia permitted into evidence statements made by a defendant while in a Saudi jail in which the defendant, Amed Omar Abu Ali, alleged torture, a longstanding practice in Saudi Arabia. The evidence formed the basis for a conviction, and eventually a life sentence, for conspiracy to assassinate George W Bush. Mohammed Warsame, who pleaded guilty to conspiracy to provide material support to a foreign terrorist organization, was held in solitary confinement for five years before his trial.

    Another implication of the law-enforcement tactics cited the report is a deepening alienation of American Muslims from a government that publicly insists it needs their support to head off extremism but secretly deploys informants to infiltrate mosques and community centers.

    “The best way to prevent violent extremism inspired by violent jihadists is to work with the Muslim American community – which has consistently rejected terrorism – to identify signs of radicalization and partner with law enforcement when an individual is drifting towards violence. And these partnerships can only work when we recognize that Muslims are a fundamental part of the American family,” Obama said in a high-profile 2013 speech.

    Yet the Obama administration has needed to purge Islamophobic training materials from FBI counterterrorism, which sparked deep suspicion in US Muslim communities. It is now conducting a review of similar material in the intelligence community after a document leaked by Edward Snowden used the slur “Mohammed Raghead” as a placeholder for Muslims.

    Spencer Ackerman in New York
    The Guardian, Monday 21 July 2014 14.30 BST

    Find this story at 21 July 2014

    © 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    Shahawar Matin Siraj: ‘impressionable’ young man caught in an NYPD sting

    Siraj was sentenced to 30 years in prison in 2007 for conspiring to plant bombs in New York City. The way he got there is similar to a spate of US ‘stings’ to capture terror suspects since 9/11

    Shawahar Matin Siraj was sentenced to 30 years in prison in 2007 after he pleaded guilty to conspiring to plant bombs at a Manhattan subway station near the Republican National Convention in 2004. As is frequent in post-9/11 domestic counter-terrorism investigations, a new Human Rights Watch report documents, Siraj might never have gotten there but for the involvement of someone else: an older man at a mosque in Brooklyn’s Bay Ridge neighborhood who posed as a nuclear engineer and cancer patient with a deep knowledge of Islam.

    When they met in September 2003, Siraj was 21, working at his father’s Islamic bookstore. New York magazine would later report that he “regularly engaged in virulent anti-American tirades”, piquing the curiosity of law enforcement. The older man would later testify that he and Siraj developed a father-son relationship, perhaps since he said he had cancer and Siraj’s father was disabled. Siraj, he judged, was “impressionable”.

    When word of the Abu Ghraib torture scandal broke the next year, Siraj received a barrage of images from the older man of US forces abusing Muslims. Then his friend recommended inflammatory websites for Siraj to view. He intimated to Siraj that he lamented “dying without a purpose” as Siraj became “inflamed by emotions”.

    The older man worked with Siraj and Siraj’s friend James Elshafay to fashion a “purpose” worth dying for: the bomb plot. He drove Siraj to Herald Square and instructed Siraj to place explosives in the trash cans. Only Siraj exhibited doubts, saying he had to “ask my mom’s permission” and saying he preferred to be a lookout. Soon after, Siraj was arrested.

    His older friend, in reality, was a New York police department informant named Osama Eldawoody, who had taped their conversations. Eldawoody had been casing mosques in Brooklyn and Staten Island for behavior he deemed suspicious. It was a lucrative business: CBS reported in 2006 that Eldawoody made $100,000 over three years of informing.

    “Thanks to the extraordinary work of law enforcement, the defendants’ plot did not advance beyond the planning stage, and the public was never at risk,” Rosylnn Mauskopf, then the US attorney for eastern New York, said after Siraj’s sentencing.

    Spencer Ackerman in New York
    theguardian.com, Monday 21 July 2014 17.53 BST

    Find this story at 21 July 2014

    © 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    The Line Between FBI Stings and Entrapment Has Not Blurred, It’s Gone

    Rezwan Ferdaus is a 26-year-old US citizen of Bangladeshi descent. He was sentenced to 17 years in prison after pleading guilty to attempting to blow up the Pentagon and the US Capitol. This plot was devised with the direct guidance of a federal agent who infiltrated Ferdaus’ mosque and even provided the fake explosives. An FBI agent said of Ferdaus to the convict’s father that he “obviously” is mentally ill. Ferdaus, who also suffered from severe depression, seizures, and had to wear adult diapers for bladder control problems, was the victim of the sort of FBI sting that crosses the fine line into entrapment. And these operations are no rarity.

    In everyday parlance, the difference between a sting and an act of entrapment seems minimal. They carry the same gist: influencing an individual to carry out an act, in which they are then caught.

    By the letter of the law, however, the difference between a sting and entrapment is significant. Sting operations are legal. A cursory glance at popular culture’s imagining of FBI work would suggest that stings are in fact the bread and butter of federal policing. It makes for entertainment — the unfolding of elaborate investigative schemes; an agent with a hunch and a five o’clock shadow catches dastardly criminals doing what they invariably would do anyway. Entrapment, meanwhile, is when law enforcement induces a person or group to commit a crime that they would otherwise have been unlikely to commit.

    In the fanciful world of television policing, cops are the goodies, criminals are the baddies, stings are stings and stings are legal. In reality, sting operations regularly cross the line into entrapment. The line in US law is purportedly clear: entrapment is illegal, stings are legal. How this line is actually walked by law enforcement is, however, fuzzy at best.

    A report released this week from Human Rights Watch highlights how, consistently, FBI sting operations are over aggressive and premised on the racist profiling of Muslim communities — that old building block of our contemporary national security state. Based on 215 interviews and focusing on 27 post-9/11 cases of alleged terror plot thwarting, HRW’s findings call into question the very legitimacy of the FBI’s counterterror work. The authors go as far as to call a number of stings “government-created” terror plots.

    Introducing the report, HRW’s Andrea Prasow noted that “Americans have been told that their government is keeping them safe by preventing and prosecuting terrorism inside the US… But take a closer look and you realize that many of these people would never have committed a crime if not for law enforcement encouraging, pressuring, and sometimes paying them to commit terrorist acts.”

    It is no secret that US counterterrorism is regularly prefigurative. Under the pretext of stopping terror attacks before they happen, federal agencies like the FBI, NSA, and CIA target networks based often on nothing more valid than religious affiliation. “Sting” operations perform a pernicious part of this equation by drawing otherwise harmless individuals into situations wherein they are framed, and then punished, as terrorists.

    As HRW noted, “Multiple studies have found that nearly 50 percent of the federal counterterrorism convictions since September 11, 2001, resulted from informant-based cases. Almost 30 percent were sting operations in which the informant played an active role in the underlying plot.” This means that FBI involvement has been the sine qua non of nearly a third of federal terror convictions (and therefore plots). The government is creating the very terror it claims to fight.

    The premise of a sting is that the operation catches criminals or terrorists doing what they would have done anyway. There is a dangerous counterfactual here that seemingly gives the state insurmountable leverage. Who can prove what anyone would have done anyway? How can it be shown that a group would have carried out a terror attack, when the feds provide the very conditions for a terror attack to be carried out?

    US justice has set the burden of proof the feds must show for the “would-have-done-it-anyway” condition troublingly low. Consider the case of the “Newburgh Four.” Using incentives including money and food, the FBI convinced four Muslim men to agree to a plot to shoot down military planes and blow up two synagogues in the Bronx. The FBI took the lead at every stage of the so-called plot. One of the so-called terrorists was a schizophrenic who kept his own urine in a bottle. While a Second Circuit judge said that the government “came up with the crime, provided the means, and removed all relevant obstacles,” and had, in the process, made a terrorist out of a man “whose buffoonery is positively Shakespearean in scope,” all of the Four were convicted and sentenced to 25 years. They maintain that the sting crossed the line into entrapment.

    Since 9/11, Muslims in the US have been the focus of major counterterror stings. But other groups have been caught in the net where sting meets entrapment. A small group of self-identified anarchists in Cleveland were all convicted to around 10 years in prison for allegedly plotting to blow up a bridge in Ohio. But an FBI infiltrator provided the target and the fake C-4 explosives. Rick Perlstein wrote of the case in Rolling Stone, “the alleged terrorist masterminds end up seeming, when the full story comes out, unable to terrorize their way out of a paper bag without law enforcement tutelage.”

    In the same 2012 article, Perlstein stresses an important point about FBI schemes in the still-rippling wake of 9/11. In previous decades, when defendants would claim entrapment, juries would sometimes listen. The 1972 indictment against Vietnam Vets Against the War was thrown out when a jury ruled that activists were entrapped by feds in a conspiracy to attack the RNC. However, not one terrorism indictment has been thrown out for entrapment since September 2001.

    It is a sign of paranoid times, peppered with anti-Islamic sentiment. Federal agents can pick their terrorists and bring them into being. The government can provide every element of a terrorist plot, from target, to objective, to explosives. It appears to pass muster that suspects be Muslim to assert that they would have done it anyway.

    By Natasha Lennard
    July 22, 2014 | 11:50 pm

    Find this story at 22 July 2014

    Copyright https://news.vice.com/

    The informants: Manufacturing terror

    The use of informants to target communities is one of the most alarming trends to have developed since 9/11.

    The FBI has used informants in its counterterrorism tactics [AP]
    On the surface, the scene unfolds without any hint of intrigue. A young Muslim convert named Darren Griffin meets fellow congregants at a local mosque in northwest Ohio. In addition to sharing the same faith as his new friends, they enjoy similar interests: watching sports, playing video games, working out at the local gym, and discussing international affairs. Except the scene ends tragically with a string of arrests, a national media frenzy, and self-congratulation among federal officials claiming to have foiled yet another terrorist plot.

    The only problem is that Griffin was an FBI plant and the terror plot he supposedly helped thwart was entirely manufactured by the United States government. Purely on the strength of Griffin’s aggressive recruitment tactics, three young American Muslims received prison sentences ranging from eight to 20 years.

    Similar scenarios have played out in many cities across the US during the past decade. “Informants”, the new documentary film from Al Jazeera’s Investigative Unit, explores a phenomenon that has been far more pervasive than the media, government officials, or community leaders have acknowledged. In addition to sharing the heart-wrenching stories of the victims of these entrapment tactics, the film is unique because it shines a light on the informants themselves, highlighting the crucial role that they played in actively enlisting young men who never demonstrated any inclinations toward engaging in violence.

    The informants

    In order to understand how the use of paid informants became such a crucial cog in the FBI’s counterterrorism policy, one need only trace the major shift in the US national security paradigm after 9/11. Prior to the September 11 attacks, the FBI employed 10,500 agents, about 2,500 of whom were dedicated to national security investigations.

    After 9/11, however, the overall number of agents expanded to 13,600, half of whom became devoted to national security. The annual budget of the FBI has risen dramatically from $3.1bn in 2001 to $8.4bn in the current fiscal year. Together, expanded budgets, the availability of advanced technological capabilities, and a permissive political climate combined to create an environment where federal law enforcement agencies enjoyed vastly expanded powers but were also expected to demonstrate immediate results.

    In the course of investigating American Muslims for possible terrorist threats, the government cast a wide net. It placed tens of thousands of Muslims under constant surveillance, infiltrated community spaces, including mosques, dug through private records, interrogated many Muslims because of their political views and probed for any links to violent activities. These investigations largely turned up nothing, and that was a problem.

    In order to continue to justify the robust expenditure of resources and the expansive investigative powers, officials needed results in the form of thwarted terrorist plots that demonstrated to American citizens that unless the FBI acted, the next attack was right around the corner. That climate of fear helped rationalise many of the country’s worst civil liberties violations committed under the Bush Administration and consolidated as standard practice during Obama’s presidency. To sustain the perception of the threat, one had to be created where it did not exist.

    Meet the shady characters spying on American Muslims for the FBI.
    Enter the informants. As Al Jazeera’s investigative film lays out, many of the most high-profile terrorism cases of the last decade were not a product of insidious Muslim sleeper cells uncovered by skillful investigators. Rather, in the absence of actual plots, the FBI actively targeted communities, identifying particularly vulnerable individuals, and sending them informants with the expressed purpose of ensnaring them in a conspiracy.

    The informants are not government agents. Rather, they are almost always criminal offenders attempting to avoid prison time through their cooperation with the government. From drug dealing to fraud, their criminal history ostensibly provides them the tools they need to maintain their deception, though a crash course on basic Islamic beliefs and rituals is a must. With codenames like “The Trainer”, “The Closer”, and “The Bodybuilder”, they play to their particular strengths while identifying the weaknesses of those they are sent to entrap.

    In the case of the latter, Craig Monteilh hung out in mosques where he hoped to meet Muslim youth and invite them to work out at a local gym. There, he could ostensibly engage them in conversation about volatile political subjects and broach the topic of terrorism over an intense workout regimen. When his aggressive posture provoked suspicion on the part of community members in southern California, local leaders reported Monteilh to the FBI, apparently not realising that it was the FBI which had sent him into their community in the first place.

    The community’s experience with the “Bodybuilder” is particularly egregious, given the seeming vindictive nature of the FBI’s conduct in that case. The local imam, Sheikh Yassir Fazaga, dared to question publicly the veracity of claims made by a local FBI official at a town hall meeting. “The FBI does not take that lightly,” Monteilh recalled to Al Jazeera. “So they had me get close to Mr Fazaga, to get into his inner circle.” When Monteilh failed to ensnare Fazaga or any other local Muslims into a terrorist plot the FBI attempted to pursue immigration charges against Ahmadullah Sais Niazi, an Afghan immigrant who was one of those who reported Monteilh to the FBI for his suspicious behaviour. But the Department of Justice eventually dropped those charges and so Operation Flex, it seems, ended in failure.

    This case, however, was the exception. The overwhelming majority of so-called “pre-emptive prosecutions” end in convictions on terrorism charges of individuals who the government is unable to prove would have ever entered into a violent plot on their own accord. More often than not, the FBI targets young Muslims with strong political opinions, usually concerning the role of the US in the plight of Muslims in places like Iraq, Syria, Palestine, and Kashmir. As a former FBI special agent told Al Jazeera about the Ohio case, “The whole purpose was to verify whether it was more than just talk.”

    By treating the political opinions of American Muslims as cause for suspicion, government investigators operate on the assumption that free speech rights guaranteed by the First Amendment of the US Constitution do not extend to a particular segment of the American people. Over the years, the FBI’s actions have had a dramatic chilling effect on the ability of Muslims to express their political views. Motivated by such pressures from the government, many community leaders around the country have since attempted to suppress political expression in mosques and community centres.

    But absent such healthy community spaces through which to channel passions for humanitarian concerns around the globe, it actually becomes more likely that young Muslims could channel their frustrations through alternative modes of oppositional politics. This type of quietist, disaffected atmosphere sanitised of all political expression is precisely the environment in which agent provocateurs thrive.

    Exploiting poverty

    In some cases, there is not even any “talk” to motivate the FBI into infiltrating communities. The Liberty City case with which Al Jazeera’s investigative film begins concerns a group of impoverished black men in Florida with no history of political activism or inflammatory speech. Nevertheless, the FBI sent in “The Closer” a fast-talking informant named Elie Assaad who operated as the ringleader for an alleged plot to blow up the Sears Tower in Chicago. Swaying the impressionable and impoverished young men with promises of everything from shoes to wear to large sums of cash, Assaad enlists Rothschild Augustine and six others in his conspiracy.

    The use of informants to target communities is one of the most alarming trends to have developed since 9/11, as it threatens to undo the fabric of a free society.

    In relaying this story to Al Jazeera’s investigators, Assaad and Augustine reveal a number of disturbing practices in the concocted plot. The FBI specifically selected its own south Florida offices as a surveillance target, attempting to position itself as the victim of the conspiracy rather than the originator of it, despite the fact that there is no indication that the men even knew where or what it was. The ceremonial oath of allegiance to al-Qaeda that Assaad administered to the seven men displayed what can only be described as a symbol of the cartoonish imagery with which many in the US government associate Islam and Muslims.

    Perhaps most worrisome in the case of the Liberty City 7, and an eerily similar case in New York, is the ways in which the FBI has exploited the endemic poverty and social problems from drug use to lack of education that are prevalent within some black communities across the US in order to construct the perception of a terrorist threat. In the latter case, the Newburgh Four were promised a payment of $250,000 by a government informant who they hoped to manipulate in turn. The Newburgh Sting is an HBO documentary, also premiering soon, which chronicles the government’s excesses in carrying out this plot and the devastation it has caused to an impoverished community.

    A startling report utilising the Department of Justice’s internal statistics recently stated that in the decade after 9/11, 94.2 percent of federal terrorism convictions were obtained, at least in part, on the basis of preemptive prosecutions. Given how pervasive this practice has been, it is noteworthy that American Muslim civil rights groups have not developed a coordinated response to what has plainly become a widespread use of informants nationwide. In some instances, they have even attempted to downplay the problem of preemptive prosecutions, as in one report by a prominent American Muslim organisation that states that “while the numbers clearly show informants are frequently used by federal law enforcement, a majority of these cases do not involve them at all.”

    The use of informants to target communities is one of the most alarming trends to have developed since 9/11, as it threatens to undo the fabric of a free society. That these recent investigative films have laid bare this troubling phenomenon and displayed its consequences for all to see, is a critical first step in confronting its damaging effect not only on the vulnerable American Muslim community but on American society as a whole.

    Last updated: 21 Jul 2014 15:35

    Find this documentary at 21 July 2014

    copyright http://www.aljazeera.com

     

    114,70 Euro pro Blatt – Wieso zahlt die CIA so wenig?

    Ein BND-Mitarbeiter soll jahrelang für die CIA spioniert haben. In mehrstündigen nächtlichen Verhören gibt der mutmaßliche Doppelagent seine Geheimnisse preis, doch der Fall bleibt rätselhaft.

    Dieser „Signal Intelligence“-Kontrollraum gehört zwar zur BND-Zentrale, ist aber außerhalb des Geländes an einem geheimen Standort.
    Foto: Martin Schlüter
    Dieser “Signal Intelligence”-Kontrollraum gehört zwar zur BND-Zentrale, ist aber außerhalb des Geländes an einem geheimen Standort.
    Es war ein turbulenter Start für Silvia Reischer. Seit 25 Jahren arbeitet die Juristin beim Bundesnachrichtendienst (BND). Sie war Datenschutzbeauftragte, leitete das Rechtsreferat und war offizielle Vertreterin in Paris. Am 1. Juni übernahm Reischer im deutschen Auslandsdienst eine sensible Aufgabe. Präsident Gerhard Schindler ernannte die 54-jährige zur Leiterin der Abteilung Eigensicherung (SI). Als erste Frau in einer solchen Position ist sie fortan dafür zuständig, Mitarbeiter zu überprüfen.

    Ihr Job beginnt gleich mit einer Herausforderung, wie sie größer kaum sein könnte. Ein Mitarbeiter, von dem nur der Vorname Markus bekannt ist, soll zwei Jahre lang als Maulwurf für den amerikanischen Geheimdienst CIA tätig gewesen sein und diesem über 200 geheime und streng geheime BND-Dokumente übergeben haben.

    Vieles rund um diesen spektakulären Verrat ist noch nebulös, viele Fragen nicht beantwortet. Die “Welt” hat deshalb – soweit es im Moment überhaupt schon möglich ist – die Vorgänge rekonstruiert.

    “Appetit-Häppchen” für die Russen

    Der Verratsfall beginnt für die deutschen Sicherheitsbehörden, kurz bevor Reischer ihr Amt antritt, am 28. Mai. An diesem Tag schickt eine unbekannte Person eine E-Mail an das russische Generalkonsulat in München. Sie bietet den Russen streng geheime BND-Dokumente zum Kauf an. Um zu belegen, dass es sich nicht um einen Bluff handelt, fügt der anonyme Absender seinem Schreiben gleich drei BND-Papiere hinzu. Als “Appetit-Häppchen” sozusagen.

    Der Verfassungsschutz fängt die Mail ab. Russlands Geheimdienste agieren häufig aus den Botschaften und Konsulaten heraus. Deshalb überwacht der Verfassungsschutz regelmäßig den Mail- und Telefonverkehr in und aus den diplomatischen Vertretungen. Und so ging der Abteilung 4 des Verfassungsschutzes, “Spionageabwehr, Geheim- und Sabotageschutz”, auch jene mysteriöse Mail ins Netz, in der BND-Interna zum Kauf angeboten wurden.

    Beim Verfassungsschutz ist man sich sicher, auf einen Maulwurf gestoßen zu sein. Umgehend werden der BND und die Bundesanwaltschaft informiert. Am 10. Juni leitet Generalbundesanwalt Harald Range ein Ermittlungsverfahren wegen des “Verdachts der geheimdienstlichen Agententätigkeit” ein.

    Wer ist der Verräter im BND?

    Die Abteilung Eigensicherung des Auslandsgeheimdienstes schließt sich mit dem Verfassungsschutz zusammen. Was dann folgt, wird intern stolz als eine der besten Kooperationen bezeichnet, die es seit Langem zwischen den beiden Diensten, die nicht immer an einem Strang ziehen, gegeben haben soll. So lässt sich inzwischen vieles rekonstruieren.

    Da der BND-Verräter aus dem russischen Generalkonsulat keine Antwort erhält, beschließen die Verfassungsschützer, ihm eine Falle zu stellen. Sie kontaktierten den Maulwurf und geben sich als Mitarbeiter des russischen Geheimdienstes aus. Ob er nicht Interesse an einem Treffen habe, fragen sie. Der mutmaßliche Verräter aus den eigenen Reihen aber ist misstrauisch. Er antwortet nicht.

    Die Ermittler wissen allerdings, dass die Mail von einem Privatcomputer über einen Google-Account verschickt worden war. Und noch wichtiger: Er hat BND-Dokumente verschickt.

    Die Amerikaner sind verdächtig still

    “Wer hat Zugriff auf genau diese drei Dokumente? Und wer war an jenem Tag nicht an seinem Arbeitsplatz? Diese Fragen mussten wir klären”, erzählt ein BND-Mitarbeiter, der mit dem Fall betraut war.

    Zeitgleich mit den internen Ermittlungen des BND bringt der Verfassungsschutz mehr über die Mail-Adresse des Maulwurfs in Erfahrung. Da der Anbieter Google in den USA ansässig ist, liegt es nahe, die amerikanischen Behörden um Mithilfe in dem Fall zu bitten. Es kam zu einer offiziellen Anfrage des deutschen Inlandsgeheimdienstes an die US-Kollegen.

    Es folgte: keine Reaktion. “Das war sehr ungewöhnlich. Normalerweise bekommen wir in solchen Fällen schnell Amtshilfe”, berichtet ein Vertreter der Sicherheitsbehörden. Und noch etwas geschieht. Der BND-Maulwurf löscht urplötzlich sein Google-Mail-Konto. Die Spur ist auf einmal tot.

    Maulwurf “Markus” wird angezapft

    So konzentriert man sich beim BND weiter darauf, ausfindig zu machen, wer den Zugang zu den besagten internen Papieren hat. “Es war eine mühsame Puzzlearbeit”, heißt es im BND. Nach drei Tagen, am 10. Juni, ist der mutmaßliche Verräter schließlich eindeutig identifiziert: ein 31-jähriger BND-Mann mit dem Vornamen Markus, in der BND-Zentrale Bürosachbearbeiter in der Technischen Unterstützung der Abteilung EA (“Einsatzgebiete/Auslandsbeziehungen”), seit mehr als neun Jahren im Dienst.

    Noch klicken keine Handschellen. Man will den Maulwurf weiter beobachten. Seine Telefone werden angezapft, E-Mails und SMS mitgelesen. Dabei erfahren die Ermittler nach Informationen der “Welt”, dass der BND-Mann offenbar am 9. Juli einen Kontaktmann in Prag treffen will. So lange will man dann aber nicht mehr warten.

    Am Abend des 2. Juli verhaften Beamte des Bundeskriminalamtes (BKA) den Geheimdienstmitarbeiter, der sich gerade in Berlin aufhält, durchsuchen dessen Wohnung, beschlagnahmen Computer, Dokumente und Datenträger. Die Ermittler glauben zunächst, einen Zuträger für den russischen Geheimdienst geschnappt zu haben.

    Der ultimative Vertrauensbruch

    In einer ersten Befragung des Verdächtigen platzt dann aber die Bombe. “Ich arbeite seit 2012 für die Amerikaner”, sagt der BND-Mann offenbar. Ein amerikanischer Spion im deutschen Auslandsgeheimdienst? Das wäre ein Tabubruch unter westlichen Nachrichtendiensten. Der ultimative Vertrauensbruch. Und das bei vielen NSA-Veröffentlichungen von Edward Snowden, die auch den BND wegen seiner engen Zusammenarbeit mit den US-Geheimdiensten in die Kritik gebracht haben.

    Der BND-Mitarbeiter erklärt in einer mehrstündigen, nächtlichen Vernehmung durch das BKA, dass er im Jahr 2012 per E-Mail Kontakt mit der US-Botschaft in Berlin aufgenommen habe. Er habe den Amerikanern demnach interne BND-Papiere zum Kauf angeboten. Ein Mitarbeiter der CIA habe sich schließlich bei ihm gemeldet und sei auf das Angebot eingegangen. Insgesamt 218 BND-Dokumente habe er im Laufe der zwei Jahre bei drei Treffen in Österreich an den US-Agenten übergeben.

    Im Gegenzug soll er rund 25.000 Euro erhalten haben. Das Motiv für seinen Verrat sei Habgier gewesen, so der 31-jährige, der aufgrund einer schweren Erkrankung in seiner Jugend leicht sprach- und gehbehindert ist.

    BND-Papiere sind überraschend billig

    In den Sicherheitsbehörden ist die Skepsis über die Aussagen des enttarnten Verräters zunächst groß. Würden die Amerikaner wirklich derart plump einen deutschen Geheimdienstler anwerben? Wieso zahlte die CIA vergleichbar wenig Geld für die Papiere – umgerechnet 114,70 Euro pro Blatt? Waren diese Papiere tatsächlich den Aufwand konspirativer Treffen im Ausland wert?

    “Die Möglichkeit stand im Raum, dass der Mann nur dachte, er würde für die Amerikaner spionieren”, sagte ein Vertreter der Sicherheitsbehörden der “Welt”. “Aber in Wahrheit könnten andere Geheimdienste dahinterstecken. Beispielsweise die Russen.”

    “Anwerben unter falscher Flagge”, um das Vertrauen von Personen zu erschleichen und sie zur Zusammenarbeit zu bewegen, gehört zu den üblichen Methoden im Geschäft der Spione. Die angeblichen Treffpunkte – Salzburg, Wien, Prag – gelten zudem nicht als traditionelle Aktionsgebiete amerikanischer Dienste. Sondern eher des russischen Auslandsgeheimdienstes SWR.

    Spezialauftrag NSA-Untersuchungsausschuss

    Die vielen Fragen sind auch Thema in einer Sondersitzung des Parlamentarischen Kontrollgremiums am vergangenen Donnerstag. Verfassungsschutzpräsident Hans-Georg Maaßen und BND-Präsident Gerhard Schindler tragen den Obleuten hinter verschlossenen Türen den spektakulären Spionagefall im Detail vor. Noch sei unklar, ob die Angaben des BND-Mannes der Wahrheit entsprechen. Die deutschen Geheimdienstchefs halten sich mit einer abschließenden Bewertung zurück.

    Doch inzwischen gibt es kaum noch Zweifel. Die vergangenen Tage haben die BND-Mitarbeiter genutzt, um sich ein möglichst klares Bild zu machen. Die BND-Papiere, die an die CIA verkauft worden sein sollen, wurden gefunden. Immer wieder hätten die Amerikaner bei ihm Dokumente regelrecht “bestellt”, erzählte ein BND-Mann. “Mal wollten sie Papiere mit Bezug zu den USA, mal zu Deutschland”, sagt ein Vertreter der Sicherheitsbehörden. Zuletzt habe der Doppelagent einen besonderen Auftrag bekommen. “Sie haben ihm wohl gesagt: Schau doch mal, ob du was zum NSA-Untersuchungsausschuss findest.”

    Der BND-Mitarbeiter hatte die vertraulichen Papiere auf einem USB-Stick gespeichert. Und dann gibt es da noch einen seltsam präparierten Computer. Über eine Wetter-App konnte der Spion per Mausklick eine Kryptosoftware starten, die eine anonyme Kommunikation ermöglicht. Ein Werkzeug für Nerds – und für Spione.

    Eine Notfall-Telefonnummer in New York

    “Alle Hinweise sprechen dafür, dass der Mann die Wahrheit sagt. Er hat wohl tatsächlich für die Amerikaner gearbeitet”, heißt es in Sicherheitskreisen. In der Vergangenheit hätten die US-Dienste sich mehrfach bei ihren deutschen Kollegen gemeldet, wenn jemand deutsche Geheimdienstinterna an sie verkaufen wollte. In diesem Fall aber sei dies nicht erfolgt.

    Im Verhör hat der Maulwurf den Ermittlern zudem gesagt, dass sein amerikanischer Kontaktmann ihn mit einer Notfall-Telefonnummer ausgestattet habe. “Es ist ein Anschluss in New York”, heißt es aus Sicherheitskreisen. Vermutlich tatsächlich zur Kontaktaufnahme mit dem US-Geheimdienst.

    Es stellt sich die Frage, warum die Amerikaner derartige Risiken für das Verhältnis zwischen den USA und Deutschland eingegangen sind. Was wollten sie erfahren? Der Schaden mit Blick auf den Geheimnisverrat ist jedenfalls ziemlich gering. Zwei Dokumente mit Bezug zum Untersuchungsausschuss habe der BND-Mitarbeiter gestohlen und geliefert. Wirklich brisant sind aber offenbar auch diese Unterlagen nicht. “Was wollten die Amerikaner mit diesen Papieren?”, fragt ein BND-Mitarbeiter. “Sie hätten sie vermutlich auf Nachfrage sowieso bekommen.”

    Von Florian Flade
    25. Jul. 2014, 12:37

    Find this story at 25 July 2014

    © Axel Springer SE 2014. Alle Rechte vorbehalten

    Obskure Verbindung zwischen Spionagefällen

    Während das Weiße Haus erstmals seine Verstimmung über den deutschen Umgang mit der BND-Spitzelaffäre zum Ausdruck bringt, offenbart sich eine merkwürdige Verbindung der beiden Spionage-Fälle.

    Zwischen den Spionageverdachtsfällen im Bundesverteidigungsministerium und beim Bundesnachrichtendienst (BND) gibt es neuen Medienberichten zufolge einen Zusammenhang. (Link: http://www.sueddeutsche.de/politik/geheimdienst-affaere-in-deutschland-kuriose-verbindung-zwischen-spionagefaellen-1.2041674) Eine Anfrage des Verfassungsschutzes zum betroffenen Mitarbeiter des Ministeriums in Berlin sei ausgerechnet beim BND-Mann im bayerischen Pullach gelandet, der später wegen Spionage festgenommen wurde, berichteten die “Süddeutsche Zeitung” sowie der Norddeutsche und der Westdeutsche Rundfunk am Freitag. Weitere Einzelheiten zu den Umständen wurden nicht genannt.

    Der Verfassungsschutz hatte dem Bericht zufolge den Verdacht, dass der Ministeriumsmitarbeiter für Russland spionieren könnte. Dies habe sich aber offenbar später als falsch erwiesen. Der Mann, der beim BND in der Poststelle arbeitete, habe jedoch die Anfrage dem russischen Generalkonsulat in München geschickt – mutmaßlich um zu zeigen, welches Geheimmaterial er beschaffen könne.

    Beide Männer stehen im Verdacht, für die USA spioniert zu haben. Nach Bekanntwerden der Fälle reagierte die Bundesregierung am Donnerstag und forderte den Geheimdienstvertreter an der US-Botschaft in Berlin auf, das Land zu verlassen. Regierungssprecher Steffen Seibert rechnete am Freitag damit, dass er der Aufforderung nachkommen werde.

    Das Weiße Haus zeigt sich verstimmt

    Die US-Regierung hat Deutschland derweil aufgefordert, den Ärger über die Spionageaffäre intern zur Sprache zu bringen. Es sei nicht sinnvoll, das Thema durch die Medien zu diskutieren, sagte der Sprecher des Weißen Hauses, Josh Earnest, am Freitag in Washington. “Alle Differenzen, die wir haben, sind am effektivsten über bestehende interne Kanäle zu lösen, nicht über die Medien.”

    Earnest kritisierte zwar nicht ausdrücklich Äußerungen der Bundesregierung, fügte aber hinzu, deshalb wolle sich die US-Regierung nicht öffentlich zu den Vorwürfen äußern. Präsident Barack Obama schätze den Wert der Zusammenarbeit zwischen deutschen und amerikanischen Geheimdiensten.

    Zugleich gab es in US-Medien am Freitag erstmals scharfe Kritik an den Reaktionen in Berlin. In einem Kommentar in der Zeitung “Wall Street Journal” war von “gekünstelter Empörung” die Rede. Deutschland wisse, dass auch befreundete Staaten sich gegenseitig ausspionieren.

    Hofreiter spricht von “Ablenkungsmanöver”

    Grünen-Fraktionschef Anton Hofreiter hat das Verhalten der Bundesregierung in der Spionageaffäre scharf kritisiert. Die Ausweisung des obersten US-Geheimdienstrepräsentanten sei “ein Ablenkungsmanöver”, sagte er der “Welt am Sonntag”.

    Die Bundesregierung spiele Empörung und gehe die tatsächlichen Probleme – die Massenüberwachung der Bürger – nicht an. Die Bundesregierung müsse dem früheren US-Geheimdienstmitarbeiter Edward Snowden, der die NSA-Abhöraffäre ausgelöst hatte, sicheren Aufenthalt gewähren, damit er in Deutschland gehört werden könne, forderte Hofreiter. Außerdem sei es “höchste Zeit, die Verhandlungen über ein Freihandelsabkommen sofort zu stoppen”.

    24. Jul. 2014, 13:57

    Find this story at 24 July 2014

    © Axel Springer SE 2014. Alle Rechte vorbehalten

    Geheimdienst-Affäre in Deutschland Kuriose Verbindung zwischen Spionagefällen

    Die US-Spionage-Affäre erreicht die nächste Stufe: Der Verdacht gegen einen Mitarbeiter des Verteidigungsministeriums landete beim BND – ausgerechnet auf dem Schreibtisch des Mannes, der später selbst überführt wurde.

    Zwischen den beiden Spionagefällen, die derzeit das Verhältnis zwischen Deutschland und den USA belasten, gibt es einen kuriosen Zusammenhang. Der eine Fall betrifft einen Mitarbeiter des Verteidigungsministeriums in Berlin, der andere einen Mitarbeiter des Bundesnachrichtendienstes (BND) in Pullach. Bisher hatte es so ausgesehen, als seien die Fälle gar nicht miteinander verbunden.

    Das stimmt aber nicht. Nach Informationen von Süddeutscher Zeitung, NDR und WDR landete der Verdachtsfall aus dem Ministerium ausgerechnet auf dem Schreibtisch jenes BND-Mannes, der später selbst wegen Spionage verhaftet wurde.

    Der Verfassungsschutz hatte sich beim BND routinemäßig nach dem Mitarbeiter des Verteidigungsministeriums erkundigt, weil es den Verdacht gab, dieser könnte für die Russen spionieren. Das hat sich später offenbar als falsch erwiesen. Der BND-Mann Markus R. jedoch soll die Anfrage, die der BND erhielt, dem russischen Generalkonsulat in München geschickt haben. Er wollte wohl zeigen, was er alles an Geheimmaterial beschaffen könnte. Denn R. soll zeitweise den Plan verfolgt haben, seine Dienste auch den Russen anzubieten, nachdem er zuvor bereits Material an die Amerikaner verraten haben soll. Der BND-Mitarbeiter Markus R. war über die US-Botschaft in Berlin in Kontakt zur CIA gekommen. Er hatte im Jahr 2012 eine E-Mail an die Botschaft geschickt. Daraufhin meldete sich bei ihm ein US-Nachrichtendienstler namens Craig. Botschafter war damals Philip Murphy, dessen Nachfolger, John B. Emerson, ist erst seit Sommer 2013 im Amt. Markus R. wurde Anfang Juli 2014 festgenommen und gestand dann seine Zusammenarbeit mit der CIA.

    Vor der Ermittlungsrichterin des Bundesgerichtshofs zeigte er sich erleichtert, dass alles herausgekommen sei. Ein Psychiater soll als Sachverständiger ein Gutachten anfertigen. Er hat R. am Freitag erstmals im Gefängnis besucht. Es wird damit gerechnet, dass der Beschuldigte bald in ein bayerisches Gefängnis verlegt wird, da ihm vermutlich vor dem Oberlandesgericht München der Prozess gemacht werden soll. Der Anwalt des BND-Mannes, Klaus Schroth, sagte, sein Mandant sei “völlig überrascht” vom Ausmaß der Affäre.

    In der deutschen Politik ist die Empörung über die Amerikaner weiterhin groß. “Ich bin in gewisser Weise sprachlos”, sagte Landwirtschaftsminister Christian Schmidt (CSU) als Vorsitzender der Deutschen Atlantischen Gesellschaft.

    Außenminister Frank-Walter Steinmeier (SPD) will am Wochenende mit seinem US-Kollegen John Kerry sprechen. Die Partnerschaft mit den USA sei “trotz der Vorgänge der letzten Wochen, die beunruhigend waren”, ohne Alternative, sagte Steinmeier. Deutschland sei bereit, die Freundschaft “auf ehrlicher Grundlage” neu zu beleben.

    Frank-Walter Steinmeier Steinmeier zur BND-Spionageaffäre
    Steinmeier zur BND-Spionageaffäre
    “Wir wollen offenen Meinungsaustausch pflegen”
    Schon wieder US-Spionage in Deutschland. Aber zur Partnerschaft mit den USA gebe es trotz der Vorgänge keine Alternative, sagte Steinmeier.

    Die Bundesregierung hatte am Donnerstag den hiesigen Vertreter der US-Geheimdienste aufgefordert, Deutschland zu verlassen.

    Die US-Regierung reagierte verstimmt. “Differenzen” sollten nicht über die Medien ausgetragen werden, sagte ein Sprecher.

    11. Juli 2014 18:30

    Find this story at 11 July 2014

    Copyright: Süddeutsche Zeitung Digitale Medien GmbH / Süddeutsche Zeitung GmbH

    Andrew M., der verräterische amerikanische Freund

    Ein Deutscher soll für den US-Geheimdienst spioniert haben. Verdächtig macht ihn sein Kontakt zu einem rätselhaften Politologen aus Washington, der schon anderen unmoralische Angebote gemacht hatte.

    Eine Tagung in Washington D.C. vor ein paar Wochen im Juni: Auf dem Podium sitzt ein Mann mit kariertem Sakko, der sich die Lesebrille auf die Nasenspitze gezogen hat. Seinen Vortrag über Sicherheitspolitik liest der Amerikaner größtenteils vom Blatt ab. Andrew M. ist Dozent für Internationale Beziehungen an der George Washington Universität. Seine Biografie weist ihn als Experten in Konfliktgebieten aus.

    Jene, die dem Politologen schon einmal persönlich begegnet sind, beschreiben ihn als “freundlich”, “engagiert”, “amerikanisch offensiv”. Allerdings sei Andrew M. auch eine “undurchsichtige Person”. Dazu passt, dass der 52-Jährige in eine Spionageaffäre (Link: http://www.welt.de/themen/spionage/) verwickelt ist. Er steht im Verdacht, einen Mitarbeiter des deutschen Verteidigungsministeriums als Agenten für einen US-Geheimdienst geführt zu haben: Leonid K., 37 Jahre alt, bis zu seiner Beurlaubung Länderreferent in der Politikabteilung.

    Seit Ende April beschäftigt der Schwabe, der mit seiner Familie vor den Toren Berlins lebt, die Bundesanwaltschaft. Sie ermittelt gegen ihn wegen des Verdachts der geheimdienstlichen Agententätigkeit (Link: http://www.welt.de/129930340) .

    Geheimnisse gegen Geschenke

    Zunächst sah es so aus, als ob sich der Vorwurf in Luft auflösen würde. K. wurde zwar vernommen, aber nicht verhaftet. Nachdem am 9. Juli sein Arbeitsplatz und seine Wohnung durchsucht worden waren, werden jetzt immer mehr Details bekannt. Ein Nachrichtendienstler, der den Fall gut kennt, sagte: “Wenn ich die Bundesanwaltschaft wäre, würde ich Anklage erheben. Die Indizien für eine Spionagetätigkeit sind sehr stark.” K., der von dem US-Bürger M. mehrfach Geschenke angenommen hat, soll vertrauliche Militärunterlagen übergeben haben, zuletzt im Frühjahr dieses Jahres.

    Ab 2008 war der Deutsche als Politik-Berater im Kosovo, bezahlt vom Auswärtigen Amt. Damals lernte er den Amerikaner kennen, der unter anderem half, den kosovarischen Nachrichtendienst aufzubauen. Offenbar verfügte er über Expertise. Zwischen ihm und K. entwickelte sich eine Freundschaft – mit Folgen. Denn im August 2010 erreichte den Verfassungsschutz ein anonymes Schreiben. K. stehe als Spion im Dienste der Russen, behauptete der Verfasser und verwies auf konspirative Treffen in der Türkei und auch in Ungarn.

    Die Spionageabwehr ging dem Hinweis nach und fand heraus, dass K. tatsächlich zwei Mal pro Jahr in die Türkei reiste, jeweils im Frühjahr und im Herbst. Dabei stieg er immer in anderen Hotels ab. Nach Informationen dieser Zeitung wurde ein türkischer Partnerdienst gebeten, den Verdächtigen zu observieren. Die Agenten vom Bosporus notierten, dass sich der Deutsche stets mit derselben Person traf: mit dem Amerikaner M.

    “Seine Biografie riecht nach Agententätigkeit”

    Die Reisen nach Ungarn stellten sich dagegen als harmlos heraus. K. hatte dort nur eine Freundin besucht. Anders als diese Dame blieb Andrew M. interessant. “Seine Biografie riecht nach Agententätigkeit”, sagt ein Geheimdienstexperte. Nach seiner Einschätzung sind schon die beruflichen Stationen auffällig. M. hatte eng mit dem privaten US-Sicherheitsdienstleister “DynCorp” zu tun, er beteiligte sich am Aufbau des Militärs in Liberia und beriet Polizeibehörden auf dem Balkan. Zudem erfüllte er Aufträge in Pakistan, Sudan, Jamaika, Guatemala und Kirgisien.

    Ein Wissenschaftler berichtet von merkwürdigen Begegnungen mit M. Dieser habe ihm vor Jahren einen Vertrag über eine Zusammenarbeit angeboten, der so lukrativ dotiert gewesen sei, dass er dahinter ein unmoralisches Angebot vermutet habe. “Es würde mich nicht wundern, wenn Andrew für einen Geheimdienst arbeiten würde”, sagt der Akademiker.

    Leonid K. wiederum wurde im Sommer 2013 trotz des Verdachts vom Verteidigungsministerium eingestellt. Seine Beobachtung übernahm nun der Militärische Abschirmdienst, der schließlich die Bundesanwaltschaft einschaltete. Dumm nur, dass vor der Razzia in der vergangenen Woche die US-Geheimdienste längst von dem Verdacht gegen K. wussten.

    “Andrew ist absolut integer”

    Grund dafür war eine Anfrage der Deutschen zu seiner E-Mail-Adresse. Kurz darauf soll das mutmaßliche Agentenduo vereinbart haben, nur noch über Skype miteinander zu kommunizieren. Diesen Internet-Telefondienst können deutsche Sicherheitsbehörden offenbar nicht knacken.

    Leonid K. bestreitet, ein Verräter zu sein. Er verbucht den ganzen Fall unter der Kategorie “Wahnsinn”, wie er der “Süddeutschen Zeitung” dieser Tage sagte. Hat er von der möglichen nachrichtendienstlichen Anbindung seines Vertrauten M. nichts geahnt? K. nimmt ihn ausdrücklich in Schutz: “Andrew ist absolut integer.” Anfragen dieser Redaktion ließ er unbeantwortet. Sein amerikanischer Freund war gegenüber dieser Zeitung ganz kurz angebunden. Am Telefon sagte er nun: “Ich kann nicht mit Ihnen sprechen.”

    Von Dirk Banse, Manuel Bewarder , Florian Flade und Uwe Müller
    24. Jul. 2014, 13:32

    Find this story at 24 July 2014

    © Axel Springer SE 2014. Alle Rechte vorbehalten

    EX-CIA-CHEF “Ich hätte ihn weggeschickt”

    Der ehemalige Berliner CIA-Chef Joseph W. Wippl erklärt die ruppigen Methoden der US-Agenten in Deutschland – und macht der Bundesregierung ein paar Vorschläge

    Es braucht eine Reihe von E-Mails, bis Joseph W. Wippl, der ehemalige CIA-Resident in Deutschland, sich zu einem Gespräch bereit erklärt. Eigentlich will er nur noch seinen Ruhestand genießen, nach 30 Jahren US-Geheimdienstarbeit. Wippl war als Agent und Agentenführer unter anderem in Guatemala, Mexiko, Madrid und Wien eingesetzt. Von 1998 bis 2001 war er CIA-Chef für Europa, von 2001 bis 2003 Stationschef in Berlin. Wir treffen Wippl in einer Hotellobby in Berlin-Mitte. Seine einzige Bedingung für das Interview: kein Foto von ihm in der Zeitung, bitte.

    DIE ZEIT: Herr Wippl, hatten Sie in Ihrer Zeit als Berliner CIA-Chef einfach nur Glück, dass Ihre deutschen Informanten nicht aufgeflogen sind?

    Joseph W. Wippl: Nein. So etwas haben wir nicht gemacht, als ich hier war, das war für uns keine Frage.

    ZEIT: Wirklich? Es war eine ziemlich aufgeheizte Zeit damals, nach 9/11 und vor dem Irakkrieg.

    Wippl: Es war eine extrem schwere, auch eine sehr emotionale Zeit. Einige von uns wollten gleich raus und Leute verhaften. Für mich war es schwierig, meinen Mitarbeitern zu erklären, dass wir es in Deutschland mit einer konstitutionellen, rechtsstaatlichen Demokratie zu tun haben, von denen es in der Welt nicht viele gibt. Man kann hier nicht einfach rausgehen und ohne Beweise Leute festnehmen.

    Dieser Artikel stammt aus der aktuellen Ausgabe der ZEIT, die Sie am Kiosk oder online erwerben können.
    Dieser Artikel stammt aus der aktuellen Ausgabe der ZEIT, die Sie am Kiosk oder online erwerben können.
    ZEIT: Ihre Agenten neigen zu Methoden, die sie in weniger rechtsstaatlichen Ländern eingeübt haben?

    Wippl: Die CIA hat sich in den vergangenen Jahrzehnten stark in Richtung einer Dritte-Welt-Agentur entwickelt: Agenten arbeiten oft in Ländern, in denen Gesetze wenig zählen und die USA großen Einfluss haben. Ich habe selbst in solchen Ländern Dienst getan. Das ist etwas komplett anderes, als in Deutschland, Italien oder Frankreich auf Posten zu sein, und manchmal ist es in der Tat so, dass Leute ihre Erfahrungen von dort auf völlig andere Länder übertragen. Das Bewusstsein, dass Amerika eine Supermacht ist, befördert eine gewisse Macho-Mentalität, nach dem Motto: Wir erklären diesen Deutschen jetzt mal, wie die Sache läuft. Im Unterschied zum Außenministerium kümmert sich die CIA zu wenig um die Ausbildung ihrer Leute.

    ZEIT: Werden CIA-Agenten nach Einsätzen in der Dritten Welt auf europäische Posten gesetzt, damit sie sich hier abkühlen?

    Wippl: Das kann ein Problem sein. Sie kommen hierher, sprechen die Landessprache nicht, sie sind gerade in Afghanistan auf zwölf Zylindern gelaufen und müssen hier plötzlich runterkommen auf vier Zylinder.

    ZEIT: Ihr aktueller Nachfolger wurde gerade aus Deutschland ausgewiesen. Ist das angemessen?

    Wippl: Als die Sache öffentlich wurde, hatte die Bundesregierung keine Wahl. Sogar wenn man die Sache unter dem Deckel gehalten hätte, hätte es irgendwen treffen müssen. Ich war selber in Situationen – nicht in Deutschland –, in denen ich gefragt wurde, ob ich freiwillig jemanden nach Hause schicken würde. Wenn das passiert, sorgt man dafür, dass derjenige still und heimlich seine Koffer packt.

    ZEIT: Waren Sie ernsthaft überrascht zu hören, dass die CIA Informanten beim BND und im Verteidigungsministerium angeworben hat?

    Wippl: Ich habe mich gefragt, warum. Klar, jeder Nachrichtendienst bewahrt seine Geheimnisse. Wenn es allerdings etwas gab, was die Vereinigten Staaten wirklich wissen mussten, dann hatte ich immer den Eindruck, dass die Deutschen ihnen dies weitergegeben haben. Umgekehrt übrigens auch. Deswegen verstehe ich diese Aktionen nicht. Gut, man muss auch sagen, dass der BND-Mann sich ja offenbar angeboten hat. Dann hat man natürlich dieses alte “Führe mich nicht in Versuchung”-Problem. Steckte schlechte Aufsicht dahinter? Ich weiß es nicht.

    ZEIT: Wie hätten Sie denn reagiert, wenn einer Ihrer Agenten gesagt hätte, ich habe hier jemanden vom BND, der uns Informationen anbietet?

    Wippl: Wahrscheinlich hätte ich ihn einfach weggeschickt.

    ZEIT: Im Ernst? Ist es für einen Geheimdienst nicht legitim, die Absichten einer Regierung auszuspionieren – selbst die einer befreundeten?

    Wippl: Ja, generell stimmt das. Allerdings haben wir mit Deutschland einen besonderen Fall. Es gibt die Supermacht USA. Und es gibt Deutschland, das wahrscheinlich mächtigste mittelgroße Land der Welt und der dominante Staat der Europäischen Union. Deswegen ist Deutschland von so großer Bedeutung für uns – ja, es sollte wahrscheinlich sogar von noch größerer Bedeutung sein. Ob es um Handelsverträge geht, um die Ukraine, um die Nuklear-Verhandlungen mit dem Iran oder den Nahen Osten – Deutschland ist für uns wichtig.

    ZEIT: Vielleicht sollte man die Bundesregierung genau deswegen nicht ausspionieren.

    Wippl: Dahinter steckt ein politisches Problem, kein nachrichtendienstliches. Es braucht zwischen Deutschland und Amerika einfach eine neue politische Grundlage für die Geheimdienstbeziehungen. Damit meine ich kein No-Spy-Abkommen, sondern eine special relationship, ähnlich einer Aufnahme in den Five-Eyes-Club (siehe Kasten) , eine neue Beziehung mit Deutschland – und vielleicht auch mit einigen anderen Ländern.

    DIE “FIVE EYES”
    sind die Geheimdienste der USA, Großbritanniens, Kanadas, Neuseelands und Australiens. Sie haben ein Abkommen über eine enge Zusammenarbeit getroffen, teilen sich Abhörtechnik und spionieren einander nicht aus. Deutschland hätte mit solchen Vereinbarungen Probleme: Daten massenhaft zu erfassen ist hier verboten.

    ZEIT: Wie soll die genau aussehen? Angeblich haben die Amerikaner den Deutschen schon eine engere Zusammenarbeit der Geheimdienste angeboten. Deutschland soll wegen seiner nationalen Gesetze abgelehnt haben. Die wiederum sind Reaktionen auf die üblen Erfahrungen mit Gestapo und Stasi.

    Wippl: Es gibt hier eine andere nachrichtendienstliche Kultur, ja. Deswegen muss es eine andere Art Sonderbeziehung mit Deutschland geben, eine, die den Deutschen die Sicherheit gibt, dass die CIA nicht versucht, Informanten anzuwerben, und dass man Angela Merkels Telefon genauso wenig abhört wie das von David Cameron. Die Deutschen sollten auf eine solche besondere Beziehung bestehen. Ich würde, wenn ich könnte, den Zweiten Weltkrieg, den Kalten Krieg und auch die 9/11-Ära ein für alle Mal für beendet erklären. Die Sicherheitsbehörden Amerikas und Europas haben doch außerordentlich gut zusammengearbeitet, wir haben seit Langem jeden größeren Anschlag verhindert, wir haben die Szene unter Beobachtung.

    ZEIT: Ein gutes Klima kann sich schnell abkühlen. In Ihrer Berliner Zeit, kurz vorm Irakkrieg, entdeckte Kanzler Gerhard Schröder plötzlich den Reiz, mit Antiamerikanismus zu spielen.

    Wippl: Stimmt.

    ZEIT: Und Sie wollen sagen, dass Sie seine Telefonate nicht abgehört haben?

    Wippl: Nein, haben wir nicht. Ich wünschte, wir hätten es gekonnt (lacht), aber wir konnten es nicht. Wissen Sie, Spionage ist ein ziemlich weiter Begriff. Wo hört die Übereinstimmung zweier Seiten auf, und wo beginnt der Einfluss auf die andere? Das Entscheidende ist doch: Ich kann ein tiefes Verständnis der deutschen Politik gewinnen, ohne Informanten zu rekrutieren oder irgendetwas Illegales zu tun.

    ZEIT: Einige Ihrer Kollegen trauen den deutschen Diensten nicht, weil sie seit dem Ost-West-Konflikt von russischen Maulwürfen untergraben seien.

    Wippl: Na ja, das dachten wir von den Briten auch, zu Recht, wie sich gezeigt hat. Dann entdeckten wir Sowjetspione bei der CIA. Diese Unterwanderung kann jedem Dienst passieren, das gehört zum Spionage-Business.

    ZEIT: Deutschland hat in Europa die engsten Beziehungen zu Russland, wirtschaftlich und politisch. Ist das nicht ein guter Grund, herauszufinden, was genau die Bundesregierung denkt?

    Wippl: Die deutsch-russischen Beziehungen zu verfolgen ist für unsere Diplomaten und Geheimdienstler sehr wichtig. Wie man das macht, ist eine andere Sache.

    ZEIT: Die Deutschen, das zeigen viele Umfragen, scheinen von der West-Bindung nicht mehr ganz überzeugt zu sein. Wie sieht man das in Washington?

    Wippl: Es sollte uns kein Unbehagen bereiten. Aber natürlich gibt es Leute, denen bei vielem unbehaglich ist …

    ZEIT: … das ist geradezu der Job von Geheimdienstlern.

    Wippl: Nachrichtendienste sollten 20, 30 Jahre vorausschauen, diese Fähigkeit fehlt uns wirklich. Vor dem Irakkrieg hatten wir dort keine einzige Quelle. Das hätten wir ändern sollen, bevor das Land feindselig wurde. Was wissen wir heute über die Muslimbruderschaft? Verstehen wir wirklich die saudische Königsfamilie? Es ist natürlich schwer für einen CIA-Direktor, dem Präsidenten zu sagen, dass wir trotz des Abzugs aus dem Irak und aus Afghanistan dort weiter unsere Agenten brauchen. Aber er sollte es ihm sagen. Bei Geheimdienstarbeit geht es darum, Dinge zu verstehen, nicht Dinge zu verändern.

    ZEIT: Hat sich die CIA in den vergangenen zehn Jahren zu sehr darauf verlassen, Telefonate, Mails und das Internet zu überwachen?

    Wippl: Ich würde sagen: in den vergangenen dreißig Jahren! Wir dachten immer, elektronische Aufklärung sei sauber. Aber sie hat einen großen Nachteil. Man kann nie zurückfragen: Was meinst du genau damit? Das Ironische an der ganzen Snowden-Affäre ist doch, dass die Geheimdienstler dachten, sie können damit nicht auffliegen. Wahrscheinlich steht der NSA jetzt bevor, was der CIA in den achtziger und neunziger Jahren widerfahren ist: mehr Kontrolle, mehr Aufsicht durch den Kongress und durch die Gerichte. Überhaupt denke ich, dass Amerika sich hier und da auf der Welt stärker zurückhalten könnte. Die Ukraine ist nun wirklich ein europäisches Problem. Wir müssen aufhören, jedem Ratschläge zu erteilen.

    ZEIT: Einen aber, bitte: Was raten Sie dem neuen CIA-Residenten in Berlin?

    Wippl: Ich würde ihm sagen: Tu, was du kannst, um Glaubwürdigkeit zu gewinnen.

    EIN INTERVIEW VON JOCHEN BITTNER
    17. Juli 2014 07:15 Uhr

    Find this story at 17 July 2014

    Copyright http://www.zeit.de/

    “9/11 haben sie uns angelastet”

    BND und CIA haben über Jahrzehnte in tiefer Verbundenheit zusammengearbeitet. Seit Ende der 90er-Jahre ist eine schleichende Entfremdung zu spüren. Der US-Nachrichtendienst setzt neue Schwerpunkte.

    Irgendwer arbeitete an der Telefonleitung. Der Botschafter und sein diplomatisches Personal hätten es wohl kaum bemerkt, wenn da nicht der aufmerksame Telekommunikationsfachmann des Bundesnachrichtendienstes (BND) gewesen wäre. Der wiederum hatte keinerlei Zweifel, dass sich da jemand auf leisen Sohlen direkten Zutritt in die deutsche Botschaft in Washington verschaffen wollte. Aber wer?

    Waren es die Russen? Es konnten ebenso gut die Chinesen oder die Nordkoreaner sein. Lange brauchte der Experte nicht, bis er den ungebetenen Gast identifiziert hatte. Die Chinesen und die Nordkoreaner schieden aus. Zur Überraschung aller war der Geheimdienstler den Amerikanern auf die Schliche gekommen, die in ihrer Hauptstadt einem ihrer engsten Verbündeten noch ein Stückchen näher kommen wollten – allerdings klammheimlich.

    Von dieser Begebenheit Ende der 90er-Jahre wissen nur wenige. Denn als die Sache aufflog, wurde sie nicht an die große Glocke gehängt, sondern auf höchster Ebene unter Wahrung strengster Vertraulichkeit zwischen der FBI-Führung und den deutschen Diensten geregelt. Danach war erst mal wieder Ruhe.

    Neu ist es also nicht, dass die USA über die Zusammenarbeit ihrer Geheimdienste mit der deutschen Seite hinaus das Bedürfnis nach noch mehr Informationen aus deutschen Quellen haben. Nur gingen beide Seiten in der Vergangenheit anders damit um. Wann immer es Differenzen gab, ließen sie es nie zum Skandal kommen. Sie waren zu eng beieinander, um sich durch öffentliche Schuldzuweisungen bloßzustellen oder gar einen Repräsentanten der Gegenseite unter großer öffentlicher Anteilnahme des Landes zu verweisen. Wie es kürzlich wegen der Spionagefälle beim BND und im Verteidigungsministerium geschah (Link: http://www.welt.de/130282392) .

    “Raffiniertes System von Kontrollen und Gegenkontrollen”

    Wie eng die Beziehungen Ende der 90er-Jahre waren, belegt beispielhaft ein Ereignis, das unter dem Eindruck der aktuellen Differenzen geradezu unvorstellbar erscheint. Drei Tage lang feierten CIA (Link: http://www.welt.de/themen/cia/) und BND (Link: http://www.welt.de/themen/bnd/) vom 2. bis 4. Juli 1999 in der US-Hauptstadt ihre 50-jährige Zusammenarbeit (50th Anniversary Celebration of BND and CIA Cooperation). Aus Deutschland reiste eine 20-köpfige Delegation an. Allein schon die Namen auf der Gästeliste verdeutlichen den Stellenwert der Feier in der George Washington Suite des Liaison Conference Center auf deutscher Seite.

    Neben dem damals amtierenden BND-Präsidenten August Hanning waren unter anderem seine Vorgänger Hansjörg Geiger, Konrad Porzner, Hans-Georg Wieck sowie der damalige Geheimdienstkoordinator im Kanzleramt und spätere BND-Chef, Ernst Uhrlau, dabei. Ein Name jedoch sticht aus der Gästeliste besonders hervor: nämlich der von Christoph Gehlen, dessen Vater Reinhard Ende der 40er-Jahre den späteren BND in enger Führung durch die CIA aus seinen früheren Kameraden der Spionagetruppe Fremde Heere Ost aufgebaut hatte. Gegründet wurde der Bundesnachrichtendienst dann 1956.

    “Jedem deutschen Mitarbeiter, der eine Abteilung leitete, wurde ein CIA-Mann beigeordnet”, schreibt Mary Ellen Reese in ihrem Buch “Organisation Gehlen: Der Kalte Krieg und der Aufbau des deutschen Geheimdienstes” über die frühen Jahre. Alle Berichte und Auswertungen seien an ein deutsch-amerikanisches Lagezentrum gegangen, wodurch die CIA immer im Bilde gewesen sei.

    Reese: “Mit Hilfe eines raffinierten Systems von Kontrollen und Gegenkontrollen – der Anforderung von Reisepapieren, der Kostenaufstellungen, der Operationsaufträge und so weiter – begann die CIA ein Dossier über das deutsche Personal anzulegen … Klaus Ritter, einer der Agentenführer Gehlens, beklagte sich, die Amerikaner verlangten ‘immer mehr und genauer bis ganz nach unten Einblick’.” Über die Jahrzehnte lernten beide Seiten, damit umzugehen, und es entstand eine Zusammenarbeit, die 1999 schließlich ausgiebig gefeiert wurde.

    CIA scheiterte mit Anwerbung eines Ministerialbeamten

    “In den 90er-Jahren war das Verhältnis zwischen den US-Diensten und uns sehr eng”, erinnert sich Bernd Schmidbauer, langjähriger Geheimdienstkoordinator der Regierung Helmut Kohl (Link: http://www.welt.de/themen/helmut-kohl/) (CDU). “Wir waren mit den höchsten Ebenen im Gespräch bis hin zu Präsident Bill Clinton (Link: http://www.welt.de/themen/bill-clinton/) .” Diesem und seinem späteren CIA-Chef George Tenet sei sehr an guten Beziehungen zu den deutschen Nachrichtendiensten gelegen gewesen.

    “Sie wussten um unsere guten Quellen im Nahen und Mittleren Osten. Ein bisschen waren sie vielleicht sogar neidisch darauf”, sagt Schmidbauer, der 1992 in zähen Verhandlungen mit der Hisbollah die Freilassung zweier deutscher Geiseln erreicht hatte. Gute Drähte besaß er auch in den Iran, wo er zwei Jahre später den wegen Spionage für den Irak zum Tode verurteilten deutschen Ingenieur Helmut Szimkus freibekam.

    Die guten Iran-Kontakte der Deutschen machten die Amerikaner misstrauisch; vor allem aber wollten sie mehr über die Wirtschaftsbeziehungen der Bundesrepublik zum Mullah-Regime wissen. Also versuchten sie 1995 den Ministerialbeamten Klaus Dieter von Horn aus dem Wirtschaftsministerium anzuwerben. Doch der war auf der Hut. Er meldete die Wissbegier, die der Mitarbeiter der US-Botschaft bei den gemeinsamen Abendessen an den Tag legte, umgehend den Sicherheitsdiensten.

    Wenig später lud der damalige Verfassungsschutzpräsident Peter Frisch den Bonner CIA-Chef Floyd L. Paseman zum Gespräch. Seine Botschaft war unmissverständlich: Der auf Horn angesetzte CIA-Agent solle das Land verlassen. Auch das Kanzleramt und das Auswärtige Amt seien verärgert. Zwar bestritt die US-Seite den Spionageversuch, zog ihren Mann jedoch aus Deutschland ab. Die Sache kam erst heraus, als bereits alles gelaufen war.

    “So machen Profis das”

    Insgesamt musste in den 80er- und 90er-Jahren eine Handvoll US-Agenten auf Betreiben der Bundesregierung das Land verlassen. Immer geschah dies in aller Stille. “So machen Profis das”, sagt Schmidbauer. Darum wohl auch sind die guten Beziehungen nie an solchen Geschichten zerbrochen.

    Verfassungsschützer erinnern gelegentlich an einen Anwerbeversuch der Amerikaner in den 90er-Jahren in Bayern. Dort wollte die CIA eigene Quellen im rechtsextremen (Link: http://www.welt.de/themen/rechtsextremismus/) Milieu bekommen. Nur war die Aktion nicht mit der deutschen Seite abgesprochen. Über die V-Leute des Verfassungsschutzes flog der Anwerbeversuch sofort auf – und führte zu einer klärenden Aussprache. “Nicht nur die Amerikaner versuchten immer wieder Aktionen auf eigene Faust, auch die Israelis oder Briten”, erinnert sich ein Geheimdienstler. “Aber meistens sind sie damit schnell an Grenzen gestoßen.” Will heißen: Der Verfassungsschutz kam ihnen auf die Schliche.

    Vor der deutschen Einheit interessierten sich die US-Geheimdienste in Deutschland vor allem für linksextreme Terrorrorganisationen wie die Rote Armee Fraktion, Bewegung 2. Juni oder Schwarzer September. Wegen ihrer engen Verbindungen in die DDR waren die Deutsche Kommunistische Partei und der Kommunistische Bund im Fokus der US-Aufklärung. Allerdings hatten die in den Konsulaten untergebrachten Verbindungsleute der US-Geheimdienste kaum Zugang zu diesen Gruppen und waren weitgehend auf das Material des Verfassungsschutzes angewiesen. “Ich gehe aber davon aus, dass sie immer wieder nach eigenen Quellen gesucht haben”, sagt ein ehemaliger Verfassungsschützer.

    CIA-Agenten kamen mit gewisser “Macho-Mentalität”

    Was die DDR anging, blieben die Versuche der US-Dienste, menschliche Quellen anzuwerben – im Fachjargon Humint genannt – wohl von bescheidenem Erfolg. “Erst als die Mauer fiel, erkannten die Amerikaner und wir, wie groß der Stasi-Apparat tatsächlich war, der uns Jahrzehnte gegenübergestanden hatte”, sagt ein Geheimdienstler.

    Damals machte der damalige CIA-Chef in Berlin, Milt Bearden, dem früheren Chef der DDR-Auslandsspionage, Markus Wolf, ein Angebot: “Teilen Sie uns Ihre Spitzenquellen in Westdeutschland mit, wir stellen jede Strafverfolgung gegen Sie ein und machen Sie zum reichen Mann.” Doch Wolf habe das Gespräch mit den US-Agenten lediglich als amüsantes Spiel betrachtet und auf das Angebot einer Übersiedelung nach Kalifornien geantwortet, das Leben in Sibirien sei auch nicht übel. “Wolf blieb immer Herr des Spiels”, schreibt Bearden rückblickend.

    Bevor er seinen Auftrag in Deutschland übernahm, hatte er die Aufklärung der USA in Afghanistan organisiert. Sein Weg ist typisch für viele US-Agenten. Sie kamen aus Entwicklungsländern oder sogenannten failed states (gescheiterte Staaten) in die Bundesrepublik und hatten erst einmal große Anpassungsschwierigkeiten.

    “Das ist etwas komplett anderes, als in Deutschland, Italien oder Frankreich auf dem Posten zu sein”, sagte Joseph W. Wippl, ebenfalls Ex-CIA-Chef in Berlin, im “Zeit”-Interview. “Das Bewusstsein, dass Amerika eine Supermacht ist, befördert eine gewisse Macho-Mentalität nach dem Motto: Wir erklären den Deutschen jetzt mal, wie die Sache läuft.” Im Unterschied zum US-Außenministerium kümmere sich die CIA wenig um die Ausbildung ihrer Leute.

    Nach “9/11 (Link: http://www.welt.de/themen/terroranschlaege-vom-11-september-2001/) ” war es vorbei mit der guten Stimmung

    Unter George Tenet, den Clinton 1997 zum CIA-Chef machte, konzentrierte der US-Geheimdienst seine Kräfte noch stärker auf die technische Aufklärung. Tenets Stellenausschreibungen richteten sich an Informatiker, Hacker und Computer-Nerds. In einer Zeit, da die New Economy explodierte, schien dies der richtige Weg zu sein. Doch dann rasten am 11. September 2001 (Link: http://www.welt.de/themen/terroranschlaege-vom-11-september-2001/) zwei Passagierflugzeuge in die Türme des World Trade Center in New York. Alle Augen richteten sich auf Tenet; der wiederum wies nach Deutschland, weil die Attentäter um Mohammed Atta die Jahre zuvor in Hamburg gelebt hatten.

    “Da war es erst einmal vorbei mit der guten Stimmung”, sagt Schmidbauer. “,9/11′ haben sie uns angelastet.” Dabei waren US-Dienste und der Verfassungsschutz den Atta-Leuten in Hamburg dicht auf den Fersen gewesen. Doch auf der Grundlage der Informationen, die ihnen vorlagen, hatten beide Seiten den Massenmord nicht vorhersehen können. Kein Wunder, denn der Plan war nicht in Hamburg, sondern von Khalid Scheich Mohammed in einem Terrorlager in Afghanistan ausgebrütet worden.

    In den USA begann in der Folge eine intensive Debatte über die Aufstellung der eigenen Nachrichtendienste. “Die US-Geheimdienste neigen zur technischen Aufklärung … Diese Tendenz, allein die technologische Kapazität einzusetzen, bedeutet, dass diesen Einsätzen etwas Entscheidendes fehlt: menschliche Quellen und menschliche Einschätzungen”, schrieb Gabriel Margolis von der University of North Carolina.

    Auch nach dem Irak-Feldzug mussten sich die US-Dienste den Vorwurf der mangelhaften Aufklärung gefallen lassen. “Vor dem Irak-Krieg hatten wir dort keine einzige Quelle”, gesteht CIA-Mann Wippl heute ein. Nur aus diesem Grund ließen sie sich auf die Märchen des BND-Informanten “Curveball” (Link: http://www.welt.de/13568908) ein. Und das, obwohl der BND die CIA eindringlich vor diesem warnte. “Was wissen wir heute über die Muslimbruderschaft?”, fragt Wippl. “Verstehen wir wirklich die saudische Königsfamilie?”

    Datenmüll wird nach Erkenntnissen durchforstet

    Will heißen, die US-Geheimdienste haben ein gravierendes Erkenntnisproblem. Aber genau darum geht es im Geheimdienstgeschäft, um das Verstehen der anderen, der mutmaßlichen Gegner. “Die US-Dienste sammeln millionenfach Daten und ertrinken darin”, sagt Schmidbauer. “Es geht nichts über eine gute menschliche Quelle. Denn nur die kann Sachverhalte einschätzen und das Wichtige vom Unwichtigen trennen.”

    Wenn die Dienste ihren Datenmüll der alltäglichen Belanglosigkeiten durchforsten, sind sie sprichwörtlich auf der Suche nach der Nadel im Heuhaufen. Weil sie diese Arbeit allein kaum noch bewältigen, stellen sie externe Mitarbeiter ein. Computer-Freaks wie Edward Snowden (Link: http://www.welt.de/themen/edward-snowden/) , die dann plötzlich Zugang zu einem gigantischen Datenaufkommen haben.

    “In diesem Fall erwächst aus der Sammelwut sogar eine Gefahr für den Geheimdienst”, sagt Schmidbauer. “Die Behörde wird durch Leute wie Snowden erpressbar und provoziert all die außenpolitischen Verwicklungen, die wir im vergangenen Jahr erlebt haben.” Auch fachlich ergebe das Sammeln riesiger Datenmengen längst keinen Sinn mehr. “Heute versteckt man sensible Daten bewusst im Datenmüll, weil sie da so gut wie gar nicht gefunden werden”, sagt Schmidbauer.

    Grenzen aufzeigen, um die Freundschaft zu wahren

    Für den Umgang mit den aktuellen Spionagefällen fehlt ihm jedes Verständnis. Vieles hätte seiner Ansicht nach auf einer Frequenz unterhalb der öffentlichen Wahrnehmung geregelt werden können. Letztlich aber habe sich die Stimmung so hochgeschaukelt, dass die Ausweisung des US-Geheimdienstrepräsentanten in dieser Form unumgänglich gewesen sei.

    Für die Zukunft rät er der Bundesregierung und den deutschen Diensten, den Amerikanern auch in der täglichen Arbeit Grenzen aufzuzeigen. “Das ist gerade auch unter Freunden immer wieder wichtig, damit der gegenseitige Respekt nicht verloren geht”, sagt er. Deutschland besitze die technologischen Fähigkeiten, ungebetenen Spähern das Handwerk zu legen. Es müsse sie nur nutzen.

    Von Günther Lachmann
    24. Jul. 2014, 13:24

    Find this story at 24 July 2014

    © Axel Springer SE 2014. Alle Rechte vorbehalten

    Alleged CIA Spy in Germany May Have Worked for Russia All Along

    Edward Snowden revealed the NSA had been tapping Chancellor Angela Merkel’s cell phone.
    Germany has expelled the U.S. CIA’s station chief in the country, in a dramatic turn of events set into motion after a low-level German intelligence official was caught offering his spying services to Russia.

    Cooperation between Germany and the U.S. requires “mutual trust and openness,” German government spokesman Steffen Seibert said in a statement Thursday. “The federal government is ready to continue this and expects the same from its closest partners.”

    Germany was first unsettled by U.S. spying practices after documents leaked by former National Security Agency contractor Edward Snowden revealed that the NSA had been tapping Chancellor Angela Merkel’s mobile phone and conducting surveillance inside Germany.

    Tensions rekindled last week after German authorities arrested a low-level employee of the Federal Intelligence Service, or BND, on suspicion of offering to spy for Russia.

    The BND official later admitted that he had previously worked for the CIA, but that the U.S. spy body lost interest after two years of service during which the man reportedly leaked more than 200 classified documents, news reports said.

    The man then reportedly approached the Russian consulate in Munich with an offer to spy for Moscow, but was caught by Germany’s anti-espionage officials.

    German espionage-affairs analyst Erich Schmidt-Eenboom told Germany’s Deutsche Welle after the scandal broke out that the BND official might have been spying for Russia from the very beginning, even if he believed he was selling documents to the CIA.

    “In the intelligence business, it is possible to be recruited under false pretenses,” Schmidt-Eenboom was quoted as saying. “Meaning he could have been told he was working for an American agency by people actually working for Russian intelligence. That’s indeed possible in this business.”

    In a timely coincidence, Russian President Vladimir Putin on Friday lashed out at spying practices by some nations — which he did not name — against their allies.

    “As for the aforementioned cyber espionage, this is not only blatant hypocrisy in relations between allies and partners, but also a direct infringement against state sovereignty and a violation of human rights, interference in private lives,” Putin said in an interview published on the Kremlin website Friday.

    By Anna Dolgov Jul. 11 2014 09:59 Last edited 09:59
    Francois Lenoir / Reuters

    Find this story at 11 July 2014

    © Copyright 1992-2014. The Moscow Times

    Everything You Need to Know About the Very Awkward Allegations That the U.S. Has Been Spying on Germany

    BERLIN, GERMANY – JUNE 19: U.S. President Barack Obama meets German Chancellor Angela Merkel for bilateral talks at the Chancellery on June 19, 2013 in Berlin, Germany. Obama is visiting Berlin for the first time during his presidency and his speech at the Brandenburg Gate is to be the highlight. Obama will be speaking close to the 50th anniversary of the historic speech by then U.S. President John F. Kennedy in Berlin in 1963, during which he proclaimed the famous sentence: Ich bin ein Berliner. (Photo by Jochen Zick – Pool /Getty Images)
    Photo: Pool/2013 Getty Images
    While citizens of the United States were blowing things up for the Fourth of July and the German national team was crushing its way to the World Cup final, something of actual consequence was happening between the two countries. Last week, an employee of Germany’s Federal Intelligence Service (known there as BND) was arrested on suspicions of working with the CIA. Now a second similar but unrelated investigation is under way, and German leaders are not pleased.

    Because this is the international intelligence world, details are still scarce, but the facts on the ground so far include a dummy weather app for communicating with the CIA, a turncoat with a speech impediment, and an uncomfortable Independence Day sit-down, so things are shaping up nicely, at least in terms of narrative.

    Who’s this badass character sneaking the U.S. secrets from our ostensible ally (or frenemy)?
    He’s no Jason Bourne. According to The Guardian, the 31-year-old BND employee “is said to have a physical disability and a speech impediment.” He hasn’t been named, but reportedly got in touch with the CIA after emailing the local U.S. embassy — not exactly the dramatic recruitment of an asset. As for gadgets, the Americans gave the guy a computer:

    At a meeting in a Salzburg hotel, the CIA then equipped the BND employee with a specially encrypted laptop, which allowed the agent to keep in touch with the US secret service on a weekly basis: every time he opened a programme disguised as a weather app, a direct connection was established with a contact in America.

    The Guardian claims he was paid about 25,000 euros for 218 confidential documents. According to Reuters, the man “admitted passing to an American contact details concerning a German parliamentary committee’s investigation of alleged U.S. eavesdropping disclosed by Edward Snowden.”

    Speaking of Snowden …
    That’s what makes this whole situation extra delicate: After Snowden’s documents revealed that Washington was monitoring German Chancellor Angela Merkel’s cell phone, the U.S. has had to grovel and pledge loyalty to get back in her good graces. “If the allegations are true, it would be for me a clear contradiction as to what I consider trusting cooperation between agencies and partners,” Merkel said earlier this week.

    Photo: Timur Emek/Getty Images
    How did the rest of Germany take it?
    About as well as can be expected — in public, most people in positions of power have decided to reserve judgment until more information is available. But that doesn’t mean there hasn’t been some awkwardness behind closed doors. From the New York Times:

    Perhaps the most striking sign of the strained relationship was Germany’s decision to summon the American ambassador, John B. Emerson, to the Foreign Ministry on the Fourth of July, just before the American Embassy’s holiday party for hundreds of guests. The newsmagazine Der Spiegel reported that the ambassador had smiled and greeted guests, but that the tension was noticeable: “It was as it has so often been recently when official America meets official Germany. The facade was perfect, but behind it there was little accord.”

    Stefan Kornelius, an editor at the newspaper Süddeutsche Zeitung and “usually a pronounced Atlanticist,” according to the Times, said the U.S.’s behavior was “either stupid or shameless.” And President Joachim Gauck, while mostly just a figurehead, said if proven to be true, “then that is really a gamble with friendship, with a close alliance. Then we really have to say, ‘Enough.'”

    How did this alleged spy get caught anyway?
    “After the CIA had apparently lost interest in him, he had offered his services to the Russian general consulate in Munich, inadvertently catching the attention of the German counter-espionage agency,” The Guardian reports.

    And there’s another one of these fools?
    Maybe. An employee of the German defense ministry had his home searched on Wednesday morning “under suspicion of secret agent activity.” Germany’s Die Welt newspaper claims this one is a soldier who’d been in regular contact with U.S. intelligence agency personnel, while Süddeutsche Zeitung says this case is “more serious” than the BND guy.

    Photo: SAUL LOEB/2011 AFP
    Why is President Obama allowing this to happen at all?
    He’s been quiet on the issue thus far, but according to the Times, Obama didn’t even know what was going on during his call with Merkel about other issues last Thursday.

    What is particularly baffling to these officials is that the C.I.A. did not inform the White House that its agent … had been compromised, given his arrest the day before the two leaders spoke. According to German news media reports, the agency may have been aware three weeks before the arrest that the German authorities were monitoring the man.

    “The relationship that the United States has with Germany is incredibly important,” said White House press secretary Josh Earnest on Monday. “All of those things are high priorities not just to this administration, but to this country. So we’re going to work with the Germans to resolve this situation appropriately.”

    But was it worth the diplomatic headache?
    Probably not. “There’s only so much that spying on the Germans is going to get you,” a former CIA official told the Times. “It’s not like the Germans are planning to establish relations with Iran.”

    By Joe CoscarelliFollow @joecoscarelli

    Find this story at 9 July 2014

    Copyright © 2014, New York Media LLC.

    Spionage-Skandal Regierungsmitarbeiter Ziel der CIA-Abhöraktionen

    Zwei mutmaßliche US-Spione im BND und Verteidigungsministerium – diese Enthüllung brachte das Fass zum Überlaufen. Doch die Unterminierung der deutschen Politik könnte noch viel weiter gegangen sein: Die CIA soll mehr als ein Dutzend deutsche Regierungsmitarbeiter als Quellen führen.
    Der US-Geheimdienst CIA führt nach Informationen von “Bild am Sonntag” mehr als ein Dutzend Regierungsmitarbeiter in Deutschland als Quellen. Im Visier seien dabei die vier Bundesministerien Verteidigung, Wirtschaft, Inneres und Entwicklungshilfe, wie das Blatt aus US-Geheimdienstkreisen berichtet. Viele der Spione arbeiten demnach schon jahrelang für den US-Dienst.
    Aufgrund der Enthüllungen über US-Spionage auf deutschem Boden würden derzeit hierzulande aber keine Treffen zwischen den Spionen und der CIA stattfinden. Darüber hinaus wird dem Bericht zufolge derzeit von den US-Diensten geprüft, ihre Agentenführer in die US-Botschaften nach Warschau und Prag zu verlegen.
    Video: BND-Mitarbeiter spionierte NSA-Ausschuss für USA aus
    Steinmeier trifft Kerry
    Der deutsche Außenminister Frank-Walter Steinmeier (SPD) kommt unterdessen in Wien mit seinem US-Amtskollegen John Kerry zusammen. Am Rande der Gespräche über das iranische Atomprogramm wollen die beiden auch über die US-Spionageaktivitäten in Deutschland sprechen.
    Die Spionageaffäre belastet das Verhältnis beider Verbündeter schwer. Am Donnerstag hatte die Bundesregierung den obersten Geheimdienstler der Amerikaner in Berlin aufgefordert, Deutschland zu verlassen.
    Video: Steinmeier verteidigt Rausschmiss von US-Geheimdienstler
    Begründet wurde der drastische Schritt mit den Ermittlungen gegen zwei mutmaßliche Spione der USA beim Bundesnachrichtendienst (BND) und im Verteidigungsministerium sowie den umfangreichen Spähaktionen des US-Dienstes NSA, die vor einem Jahr bekanntgeworden waren.

    Sonntag, 13.07.2014, 14:17

    Find this story at 13 July 2014

    © FOCUS Online 1996-2014 Fotocredits:

    Bundesregierung bläst zur Agenten-Jagd

    Die Bundesregierung schickt die deutschen Nachrichtendienste in eine Abwehr-Offensive – gegen ihren engsten Verbündeten: die USA! Denn Deutschland wittert eine massive Späh-Aktion der USA auf allen Ebenen. „Es geht um den Verdacht eines großen Spionage-Angriffs der US-Dienste“, sagte der außenpolitische Experte der CDU-Bundestagsfraktion, Hans-Georg Wellmann (61), zu BILD.
    Bundeskanzlerin Angela Merkel (59, CDU) sagte dem ZDF, sie glaube nicht an ein Ende der Späh-Attacken der US-Geheimdienste gegen die deutsche Regierung.
    Der Verdacht: Die diversen US-Geheimdienste sollen bis zu 20 Agenten in deutschen Ministerien und Spitzen-Behörden platziert haben. Nach Informationen der „BILD am Sonntag“ (BamS) aus amerikanischen Sicherheitskreisen sind allein in vier deutschen Ministerien mindestens zwölf amerikanische Agenten aktiv.

    Gespitzelt wird demnach besonders in den Ministerien für Inneres, Verteidigung, Wirtschaft und Entwicklungshilfe.

    ► Nun sollen Computernetzwerke auf Angriffe von außen überprüft werden. Dazu liegen den deutschen Diensten offenbar Informationen über geheime Techniken der US-Dienste vor, mit denen die bisherigen Kontrollen umgangen wurden.
    ► Auch verdächtige Zugriffe und Operationen aus deutschen Behörden heraus sollen rückwirkend erfasst werden. Es habe sich gezeigt, dass die bisherigen Stichproben nicht gereicht haben. So soll auch erkannt werden, welche Mitarbeiter ungewöhnlich oft Informationen aus sensiblen Bereichen, die nicht unmittelbar zu ihrem Arbeitsfeld gehörten, abgerufen haben.
    ► Auch die Chips von Druckern und Kopierern in bestimmten Abteilungen von Bundesregierung und Bundestag sowie wichtiger Bundesbehörden sollen ausgelesen werden. Auf diesen Chips ist gespeichert, was gedruckt und kopiert wurde.
    ► In sensiblen Bereichen kann zudem nur mit personen-bezogenen PIN-Nummern oder Chipkarten gedruckt oder kopiert erden – so sind einzelne Aktionen an diesen Geräten einzelnen Mitarbeitern zuzuordnen. Gleichzeitig kann überprüft werden, ob diese Daten-Chips in Drucker und Kopierern etwa von Dienstleistungsfirmen ausgelesen wurden.
    ► Regierungsmitarbeiter sollen selbst am Telefon bestimmte Schlagwörter, die die USA und deren Aktivitäten in Deutschland betreffen, nicht mehr verwenden, um nicht von der NSA abgehört zu werden.
    Laut BamS registrieren US-Dienste bereits seit Tagen eine zunehmende Observation bestimmter Mitarbeiter der US-Botschaft durch den Verfassungsschutz.
    SPIONAGE-SKANDAL
    19
    Spionage-Affäre: Brauchen wir die USA überhaupt, Herr Innenminister Herrmann?PREMIUM BILDPLUS INHALT
    BAYERNS INNENMINISTER
    „Wir brauchen die USA, aber…“
    Die Affäre um US-Spionage in Deutschland. BILD fragt Bayerns Innenminister Joachim Herrmann: Müssen wir das hinnehmen?
    mehr…
    306
    ZU GUTTENBERG IN BILD: Freundschaft zu den USA ist ein Sanierungsfall
    226
    SPITZEL-AFFÄRE Darum ließ Merkel den US-Chefspion rauswerfen
    205
    SPITZEL-AFFÄRE Ministeriums-Mitarbeiter unter Spionage-Verdacht
    50
    SPIONAGEFALL BEIM BND Wie ist der Doppelagent aufgeflogen?
    51
    ENTTARNTER NSA-SPITZEL Warum darf der BND deutsche E-Mails abfangen?
    268
    VON DER LEYEN „Legt Geheimdienste an die Kandare“
    Am Donnerstag hatte die Bundesregierung den obersten Geheimdienstler der Amerikaner in Berlin aufgefordert, Deutschland zu verlassen. Begründet wurde der Schritt mit den Ermittlungen gegen zwei mutmaßliche Spione der USA beim Bundesnachrichtendienst (BND) und im Verteidigungsministerium sowie den Spähaktionen des US-Dienstes NSA.
    Nach den jüngsten Turbulenzen zwischen Berlin und Washington, so die „BamS“, finden derzeit keine Treffen zwischen CIA-Mitarbeitern und Spionen in Deutschland statt. Es werde geprüft, ob die Agenten nicht – zumindest zweitweise – von den US-Botschaften in Prag und Warschau aus geführt werden könnten.
    Das Ziel der massiven und fast schon öffentlichen Agenten-Jagd seitens der Bundesregierung: Druck auf die USA ausüben zu können, um die Spitzelei einzuschränken, bzw. die eigenen Positionen in Gesprächen zur Arbeit der Geheimdienste stärken zu können.
    Außenminister Steinmeier und Kerry berraten in Wien
    Deutschlands Außenminister Frank-Walter Steinmeier (58, SPD) traf sich am Sonntag in Wien mit seinem US-Kollegen John Kerry (70).
    Beide bekräftigten, Deutschland und die USA wollten sich dafür einsetzen, dass die Affäre um US-Spione auf deutschem Boden die Beziehungen beider Staaten nicht nachhaltig trübe. Deutsch-amerikanische Kooperation sei notwendig, um die vielen weltweit drängenden Konflikte „einer Lösung wenigstens näher zu bringen”, sagte Steinmeier. Kerry betonte, die Beziehung zwischen den USA und Deutschland sei von strategischer Bedeutung. „Wir haben eine enorme politische Kooperation und wir sind enge Freunde.”
    Wie schnell diese Worte die Wogen wieder glätten, ist jedoch fraglich. Die Verstimmungen in Berlin über die Spionagefälle sind nach wie vor groß,
    was CDU-Außenexperte Wellmann gegenüber BILD folgendermaßen erklärte: „Von China oder Russland erwarten wir, dass deren Dienste massiv gegen uns tätig werden – aber doch nicht unserem Freund und Partner, den USA! Da ist viel enttäuschte Liebe im Spiel.“

    13.07.2014 – 20:51 Uhr
    Von PETER TIEDE

    Find this story at 13 July 2014

    Copyright http://www.bild.de/

    Exclusive: CIA had role in Germany spy affair

    WASHINGTON (Reuters) – The Central Intelligence Agency was involved in a spying operation against Germany that led to the alleged recruitment of a German intelligence official and has prompted renewed outrage in Berlin, two U.S. officials familiar with the matter said on Monday.
    CIA Director John Brennan has asked to brief key members of the U.S. Congress on the matter, which threatens a new rupture between Washington and a close European ally, one of the officials said.
    It was unclear if and when Brennan’s briefing to U.S. lawmakers would take place. The CIA declined any comment on the matter.
    The office of Germany’s Federal Prosecutor, based in the western city of Karlsruhe, late last week issued a statement saying that a 31-year old man had been arrested on suspicion of being a foreign spy, and that investigations were continuing. The statement offered no further details.
    German politicians have said that the suspect, an employee of the country’s foreign intelligence service, admitted passing to an American contact details concerning a German parliamentary committee’s investigation of alleged U.S. eavesdropping disclosed by Edward Snowden, a former contractor for the U.S. National Security Agency.
    The U.S. officials who confirmed the CIA’s role spoke on condition of anonymity, and offered no further details.
    White House press secretary Josh Earnest declined comment on the dispute.
    “The relationship that the United States has with Germany is incredibly important. This is a very close partnership that we have on a range of security issues, including some intelligence issues,” Earnest said. “All of those things are high priorities not just to this administration, but to this country. So we’re going to work with the Germans to resolve this situation appropriately.”
    Snowden’s revelations last year, which included evidence that the NSA was targeting German Chancellor Angela Merkel’s personal cell phone, frosted U.S.-German relations. The White House agreed to stop targeting Merkel, but rejected Berlin’s pleas for a wider “no spy” pact.
    The latest case risks further straining ties.
    “If the reports are correct it would be a serious case,” Merkel told a news conference in Beijing, standing next to Chinese Premier Li Keqiang.
    German media reported that the suspected spy, who has not been named, had first been detained on suspicion of contacting Russian intelligence agents, but then admitted he had worked with the Americans. The suspect worked for Germany’s Federal Intelligence Service, known by the German initials BND.
    While historically close, U.S. intelligence ties to Germany became strained over the last year in the wake of the Snowden revelations.
    Snowden took refuge in Moscow last year after leaking tens of thousands of highly classified U.S. intelligence documents to media organizations.

    Mon, Jul 7 2014
    By Mark Hosenball
    (Additional reporting by Steve Holland. Editing By Warren Strobel and Andrew Hay)

    Find this story at 7 July 2014

    © Thomson Reuters 2014.

    Festgenommener BND-Mann spionierte auch für die CIA

    Seit 2012 soll der festgenommene BND-Mitarbeiter im Auftrag der CIA spioniert haben. Das berichten verschiedene Medien unter Berufung auf deutsche Sicherheitskreise. Bundespräsident Gauck äußert sich empört zu dem Skandal: “Jetzt reicht’s auch einmal.”

    Der am Mittwoch festgenommene BND-Mann spionierte angeblich für die CIA.
    Medienberichten zufolge lieferte er seit Ende 2012 sensible Papiere an die USA.
    Bundespräsident Gauck reagiert empört auf die Affäre, auch Außenminister Steinmeier fordert von den USA schnellstmögliche Aufklärung
    Spionage für die CIA
    Der wegen Spionageverdachts festgenommene Mitarbeiter des Bundesnachrichtendienstes (BND) hat Medienberichten zufolge den US-Geheimdienst CIA mit Informationen versorgt. Noch am 1. Juli habe der 31-Jährige geheime Dokumente zum NSA-Untersuchungsausschuss geliefert, so die Bild am Sonntag.

    Demnach seien sich die deutschen Dienste sicher, dass die CIA in die Angelegenheit involviert sei. Der mutmaßliche Doppelagent habe angegeben, einmal pro Woche geheime Dokumente an die USA geschickt zu haben. Die US-Behörden hätten den BND-Mitarbeiter offenbar genau gesteuert, hieß es in dem Bericht weiter.

    Aus Regierungskreisen hatten NDR, WDR und Süddeutsche Zeitung erfahren, dass der BND-Mann auch über die Aktivitäten des NSA-Untersuchungsausschusses in die USA berichtet haben soll. Nach Angaben der Bild am Sonntag haben die letzten beiden Sendungen der insgesamt 218 Dokumente, die der BND-Mitarbeiter an die USA geliefert haben soll, den NSA-Ausschuss betroffen.

    BND Pullach
    NSA-Ausschuss
    BND-Mitarbeiter unter Spionageverdacht
    Ein Mitarbeiter des Bundesnachrichtendienstes hat nach eigenen Angaben den NSA-Untersuchungsausschuss ausspioniert – angeblich im Auftrag der USA. Das erfuhren NDR, WDR und “Süddeutsche Zeitung” aus Regierungskreisen. Zuvor hatte die Bundesanwaltschaft die Festnahme eines 31-jährigen Deutschen bekanntgegeben.

    US-Agent seit 2012
    Die Frankfurter Allgemeine Sonntagszeitung (FAS) zitiert einen ranghohen BND-Mitarbeiter, der über den 31-Jährigen sagte: “Alle Indizien sprechen dafür, dass er für die Amerikaner gearbeitet hat.” Demnach wurde er seit Ende 2012 von einem US-Dienst als Agent geführt. FAS-Angaben zufolge arbeitete der Mann im Stab der Abteilung EA “Einsatzgebiete/Auslandsbeziehungen”, wo er für die technische Unterstützung zuständig gewesen sei. Nach Angaben der Zeitung hatte er sich selbst der US-Botschaft in Berlin per E-Mail angeboten. Bei insgesamt drei Treffen mit Kontaktmännern in Österreich habe er 25 000 Euro für seine Dienste erhalten.

    Bundespräsident Gauck: “Jetzt reicht’s auch einmal”
    Bundespräsident Joachim Gauck sieht durch die Affäre um den mutmaßlichen Doppelagenten die Beziehungen zu den USA belastet. Sollten sich die Spionage-Vorwürfe bewahrheiten, bedeute “das ein Spiel mit Freundschaften und enger Verbundenheit”, sagte Gauck dem ZDF.

    Gauck äußerte sich in dem Interview empört. “Wir hatten wirklich eine lange und intensive Debatte darüber, mit welchen Rechten die NSA ausgestattet ist gegenüber anderen Ländern und den Bürgern aus unserer Nation”, sagte Gauck. Wenn der Mitarbeiter des BND tatsächlich für den US-Geheimdienst spioniert haben sollte, “dann ist ja wohl wirklich zu sagen, jetzt reicht’s auch einmal”. Das ZDF sendete am Samstagabend Ausschnitte aus dem Sommerinterview, das am Sonntag ausgestrahlt wird.

    Auch Außenminister Frank-Walter Steinmeier nimmt die USA nach den neuerlichen Enthüllungen in die Pflicht. “Wenn die Berichte zutreffen, dann reden wir hier nicht über Kleinigkeiten”, sagte der SPD-Politiker bei einem Besuch in der Mongolei. Die USA müssten “mit ihren Möglichkeiten an einer schnellstmöglichen Aufklärung mitwirken”. Weiter sagte der Außenminister: “Aus Eigeninteresse sollten die USA dieser Mitwirkungspflicht auch Folge leisten.” Nichts dürfe unter den Teppich gekehrt werden.

    Google-Datenzentrum
    Chronik des NSA-Geheimdienstskandals
    Affäre ohne Grenzen
    Vom Tisch? Von wegen! Seit Juni 2013 werden dank des Whistleblowers Edward Snowden nahezu täglich neue Details über die Spähpogramme des US-Geheimdiensts NSA und seiner Verbündeten bekannt. Egal ob Amerikaner oder Deutsche, Durchschnittsbürger oder Kanzlerin: Alle sind betroffen. SZ.de dokumentiert die Medienberichte sowie die Reaktionen der Politik.

    Worum geht es in der Spionage-Affäre?
    Ein 31-jähriger BND-Mitarbeiter steht im Verdacht, für die USA den Untersuchungsausschuss zu den Abhörpraktiken des US-Geheimdienstes NSA ausspioniert zu haben. Er soll aufgeflogen sein, weil er Ende Mai seine Dienste offenbar auch den russischen Geheimdiensten angeboten hatte.

    Der NSA-Untersuchungsausschuss im Bundestag beschäftigt sich mit den Überwachungsmethoden des US-Geheimdienstes. Die Affäre um das massenhafte Ausspähen der Kommunikation unbescholtener Bürger durch die NSA, öffentlich gemacht durch den Whistleblower Edward Snowden, überschattet die Beziehungen zu Washington seit mehr als einem Jahr.

    Die NSA soll unter anderem das Handy von Bundeskanzlerin Angela Merkel überwacht haben. Im März hatte der Ausschuss seine Arbeit aufgenommen. Er soll allerdings nicht nur die Rolle der NSA, sondern auch des BND in der Affäre klären.

    6. Juli 2014 11:25 Neue Medienberichte

    Find this story at 6 July 2014

    Copyright: Süddeutsche Zeitung Digitale Medien GmbH / Süddeutsche Zeitung GmbH

    BND-Mann unter Spionageverdacht; Der Maulwurf (2014)

    Er speicherte Dokumente auf einem USB-Stick – und soll sie an die Amerikaner verkauft haben: Der Spionageverdacht gegen einen BND-Mitarbeiter sorgt für Empörung in Berlin. Die Details irritieren selbst hartgesottene Experten.

    Berlin – Es lag ein Hauch von Staatsaffäre in der Luft am Donnerstagabend. Seit dem späten Nachmittag schon flirrten Gerüchte über einen neuen Spionageskandal im Regierungsviertel herum. Es sei etwas Großes im Gange, vielleicht sogar heikler als die NSA-Abhöraffäre, die Edward Snowden durch seinen Schatz an internen Dokumenten aufgedeckt hat, hieß es.

    In den Schlüsselministerien, dem Innen- und Justizressort, aber auch im Auswärtigen Amt herrschte wenig später Klarheit. Über verschlüsselte Handys wurden die Minister informiert, dass die Bundesanwaltschaft einen mutmaßlichen Spion festgenommen hatte, der Interna des Bundesnachrichtendienstes (BND) gegen Geld verkauft haben soll. An die Amerikaner.

    Noch ist unklar, ob alle Aussagen des 31-jährigen BND-Mannes aus der Abteilung für Auslandskontakte stimmen. Aber der Fall hat das Potenzial für eine Affäre, die beim Bundesnachrichtendienst und seinen Sicherheitsmaßnahmen beginnt und in einem fatalen Zerwürfnis mit den USA und der Zusammenarbeit zwischen den Diensten beider Länder enden könnte.

    Der Bundesnachrichtendienst weiß, wie heikel die Angelegenheit für die Zukunft der Behörde sein kann. Und so zeigte sich Präsident Gerhard Schindler am Donnerstag ungewöhnlich informativ. Die Mitglieder des geheim tagenden Parlamentarischen Kontrollgremiums wurden kurzfristig zu einer Sondersitzung zusammengerufen, die Kollegen aus dem NSA-Untersuchungsausschuss hinzugebeten.

    Ein äußerst ungewöhnlicher Vorgang, manch einer wunderte sich über das spontan anberaumte Treffen. “Ob der Snowden etwa doch nach Deutschland kommt?”, witzelte einer der Anwesenden. Zum Lachen war bald niemandem mehr zu Mute. Schindler berichtete dem Ausschuss über die Hintergründe der mutmaßlichen Spionage-Affäre.

    Für den BND-Maulwurf war die Arbeit lukrativ

    Der Fall ist voll bemerkenswerter Details. Ins Netz ging der Mann, der inzwischen in Untersuchungshaft sitzt, den Ermittlern nicht etwa wegen seiner Kontakte mit den Amerikanern. Der Verfassungsschutz fing vor einigen Wochen eine E-Mail von ihm ab, in der er russischen Behörden seine Spionagedienste angeboten haben soll. Erstaunt mussten die Beamten schließlich feststellen, dass die Spur zum Bundesnachrichtendienst führt.

    Über Jahre soll der BND-Mitarbeiter zwischen 200 und 300 vertrauliche Dokumente aus dem internen BND-System abgezapft und auf einem USB-Stick gespeichert haben. Papiere zu unterschiedlichen Themengebieten sicherte er, auch vor Dokumenten aus dem NSA-Untersuchungsausschuss machte er nicht Halt. Zwischen 2012 und 2014 soll der Mann die Informationen verkauft haben – an einen Mitarbeiter eines US-Geheimdiensts. Den Kontakt stellte er offenbar vergleichsweise simpel her: Er soll eine E-Mail an die US-Botschaft geschrieben und die Möglichkeit einer Zusammenarbeit ins Spiel gebracht haben.

    Für den Maulwurf war die Arbeit offenbar durchaus lukrativ: Mehrere 10.000 Euro habe er von dem Amerikaner für seine Dienste erhalten. Man traf sich angeblich an Orten in Österreich. Sämtliche Details, die Schindler dem Parlamentarischen Kontrollgremium offenbarte, stammen aus der Aussage des Mitarbeiters, die er kurz nach seiner Festnahme am Mittwoch gegenüber den Behörden machte.

    BND dürfte erneut in den Fokus rücken

    Im BND will das illegale Treiben des Mitarbeiters niemandem aufgefallen sein. Sicher, ein wenig geltungssüchtig habe er sich hin und wieder gezeigt, heißt es. Von einer leichten Behinderung ist die Rede. Aber dass der Mann aus dem mittleren Dienst als Spion für die Amerikaner tätig sein könnte, das hielt in Pullach offenbar niemand für möglich.

    Angesichts der potenziellen Folgen, die der Fall haben kann, sind viele Eingeweihte noch etwas vorsichtig, was die Aussagen des BND-Mitarbeiters angeht. Kann das alles wirklich sein? Ist es nicht möglich, dass er in seiner Vernehmung Falschangaben macht? Sich als Wichtigtuer aufspielt? Ausschließen kann man das nicht. Aber warum sollte sich der Mitarbeiter selbst so massiv belasten?

    Der Fall schreckt die Bundesregierung auf. Die Aufklärung steht erst am Anfang, die Folgen sind unabsehbar. Es stellen sich etliche Fragen, nicht nur für das transatlantische Verhältnis. Sollten sich die Angaben des BND-Mitarbeiters bewahrheiten, dürfte dies erheblichen diplomatischen Schaden anrichten.

    Wegen des Verhaltens der Regierung in Washington während der NSA-Affäre sind viele in Berlin ohnehin nicht gut auf die Amerikaner zu sprechen. Schon wird auf den Fluren des Bundestags darüber spekuliert, wie man der US-Regierung symbolisch eins auswischen könnte. Vielleicht, indem man doch nochmal über eine Vernehmung Edward Snowdens in Deutschland nachdenkt?

    Auch die Arbeit des Bundesnachrichtendienst dürfte erneut in den Fokus rücken. Schon im NSA-Skandal war die Behörde aus Pullach etliche Male in Erklärungsnot geraten. Nun aber steht die Frage im Raum, wie viel wert ein Auslandsgeheimdienst eigentlich ist, der nicht einmal verhindern kann, dass ein eigener Mitarbeiter für eine Partnerbehörde spioniert.

    04. Juli 2014, 16:43 Uhr
    Von Matthias Gebauer, Veit Medick und Jörg Schindler

    Find this story at 4 July 2014

    © SPIEGEL ONLINE 2014

    Top-secret MI5 files released online to mark first world war centenary

    Spies such as Mata Hari, heroic nurse Edith Cavell, suffragette Sylvia Pankhurst and the Boy Scouts feature in documents

    Exotic spies, heroes, and known and suspected communists feature in top-secret MI5 files available online for the first time on Thursday to mark the 100th anniversary of the first world war.

    Mata Hari, Edith Cavell, Sir Roger Casement, Arthur Ransome, Sidney Reilly, a leading suffragette and the Boy Scouts were among those MI5 kept under surveillance in its early years as Britain’s Security Service.

    Mata Hari, one of history’s most celebrated honey-trap spies, first came to MI5’s attention in December 1915 when she arrived at Folkestone on the Dieppe boat train. She admitted her destination was The Hague to be near her lover Baron Van der Capellen, a colonel in the Dutch Hussars.

    The following year, MI5’s informant in The Hague, codenamed “T”, reported: “Mata Hari is a demi-mondaine who is in relation with highly placed people and during her sojourn in France she made the acquaintance of many French and Belgian officers. She is suspected of having been to France on an important mission for the Germans.”

    In November 1916, questioned by MI5, Mata Hari claimed that a French consul in Spain had subsequently asked her to go to Austria to spy on that country’s forces.

    A renowned dancer, Mata Hari was a Dutch divorcee born Marguerite Gertrude Zelle in the Dutch East Indies. A French intelligence report dated 22 May 1917, shown to a MI5 officer in Paris, noted: “Mata Hari today confessed that she has been engaged by Consul Cremer of Amsterdam for the German Secret Service. She was paid 20,000 francs in advance.”

    She was shot by a French firing squad in 1917.

    Edith Cavell, a British nurse at a Red Cross hospital in Belgium, was executed by a German firing squad in October 1915 for helping 200 allied soldiers to escape. The files in the National Archives show that British diplomats clung to the hope that Germany would not execute a woman who was regarded as a heroine.

    An MI5 agent in Liège said he had been told by a reliable source that “the two spies who denounced Nurse Cavell have both been killed, one by a bullet in the head, the other by a dagger thrust in the chest”.

    Sir Roger Casement, a British consul in Africa and South America knighted for his work in exposing the exploitation and slaughter of Africans and South American Indians, and Sidney Reilly, a naturalised Russian Jew dubbed the Ace of Spies, are other victims of espionage who feature among the 150 MI5 files.

    Casement was arrested on a beach in Co Kerry, three days before the 1916 Easter rising, after landing in a boat that had picked him up from a German submarine. A trawler accompanying the submarine and carrying 20,000 guns was scuttled after being intercepted.

    The MI5 documents show Casement knew the Easter rising was doomed to failure after Germany reneged on its promises to send troops to help the rebels. The UK government used his “black diaries” to smear him and sabotage a campaign to save his life.

    “I have done nothing dishonourable, as you will one day learn,” he told Frank Hall, a senior MI5 officer. Casement was hanged in Pentonville prison on 3 August 1916.

    Reilly was recruited to work for the British secret intelligence service, MI6. When he died in 1925 the Russians claimed a guard had shot him as he crossed the border with Finland. MI5 documents suggest he was executed by Bolsheviks in 1925.

    Reilly had many wives, according to MI5. A Special Branch informer reported that his second wife, actress Pepita Bobadilla, went to the Russian embassy in Paris following his death. As she applied for a visa, she told the Russians her husband had been “spying for the British government”.

    Arthur Ransome, author of Swallows and Amazons, caught MI5’s attention as correspondent for the Manchester Guardian in Moscow who married Trotsky’s secretary, Evgenia Petrovna Shelepina.

    British officials told MI5 that Ransome was “exceedingly clever and interesting fellow – but an out and out Bolshevist”. The British consul and MI6 officer in Moscow, Robert Bruce Lockhart, soon corrected them. Ransome, who was given the codename S76, was a valuable intelligence asset during the chaos of the Russian revolution, he said.

    The files include one on the suffragette Sylvia Pankhurst, one of MI5’s later targets. MI5 noted that in 1940 she wrote to Viscount Swinton, chairman of a committee investigating Fifth Columnists, sending him a list of active Fascists still at large and of anti-Fascists who had been interned. A copy of the letter includes a note by Swinton, saying: “I should think a most doubtful source of information.”

    The files also show how MI5 was concerned that the Boy Scouts were being infiltrated by Communists after the first world war.

    The files can be accessed at the National Archives link – First World War 100.

    Richard Norton-Taylor
    The Guardian, Wednesday 9 April 2014 22.43 BST

    Find this story at 9 April 2014

    © 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    Condemned spy Mata Hari glib during final interrogation: MI5 files (2014)

    World War I spy Mata Hari refused to fully confess to espionage before facing French firing squad in 1917.

    Mata Hari was a wildly-popular Dutch exotic dancer, who was executed as a German spy in 1917.

    The spy known as “Mata Hari” was glib in her final prison interrogation before her life ended in front of a French firing squad in the First World War, according to formerly top secret files from the British intelligence agency MI5.
    Mata Hari, once a wildly popular Dutch exotic dancer, didn’t appear fazed when an interrogator confronted her with a long list of her lovers, an MI5 report released earlier this month states.
    “When faced with her acquaintances with officers of all ranks and all nations, she replied that she loved all officers, and would rather have as her lover a poor officer than a rich banker,” the MI5 files note.
    Walking the Western Front:
    • Where John McCrae wrote ‘In Flanders Fields’
    • The ‘Trench of Death’
    Her lovers included a wide range of ages and nationalities, including Germans, French, Russians, Swiss and Spaniards, the files state.
    At the time of her execution on Oct. 15, 1917, in a muddy field outside Paris, she was accused of feeding Germany information that cost some 50,000 Allied troops their lives.
    But two academics who have studied her case say they don’t believe she provided Germany with any useful information for its war effort.
    “She really did not pass on anything that you couldn’t find in the local newspapers in Spain,” said Julie Wheelwright of City University in London, the author of The Fatal Lover: Mata Hari and the Myth of Women in Espionage.
    Mata Hari was the stage name for Gertruda Margaretha Zelle, who was born July 8, 1876, in the Dutch East Indies to a Dutch father and a Javanese mother. Wheelwright said she became an exotic dancer after fleeing an abusive marriage.
    Wheelwright described her as “an independent woman, a divorcee, a citizen of a neutral country, a courtesan and a dancer, which made her a perfect scapegoat for the French, who were then losing the war.”
    “She was kind of held up as an example of what might happen if your morals were too loose,” Wheelwright said.
    Wesley Wark, a security, intelligence and terrorism expert at the University of Ottawa, said Mata Hari provided France with a scapegoat when the country wrestled with emerging power for women and fears of losing the war.
    “They needed a scapegoat and she was a notable target for scapegoating,” Wark said.
    In the MI5 files, an intelligence officer sounds impressed with her attitude during her final days.
    “She never made a full confession nor can I find … that she ever gave away anyone as her (accomplice),” the report states.
    “She was a ‘femme forte’ and she worked alone,” the report concludes.
    The newly released files show Mata Hari was trailed by Allied surveillance officers across France, Spain and England.
    The officers noted that on Aug. 4, 1916, she wrote to a Don Diego de Leon and then met a Capt. Vladimir de Masloff, of the Russian army, stationed in France.
    “He was very intimate with her from this date and constant letters pass between, he was her favourite lover,” the MI5 files state.
    “Same day she met PROFESSOR MARIANI Captain Italian Army.”
    While in custody in the ancient Prison de Saint-Lazare outside Paris, she admitted to having spied for the Germans, the MI5 files state.
    A file dated May 22, 1917 states: “Matahari today confessed that she has been engaged in Consul CREMER of Amsterdam for the German Secret Service. She was paid 20,000 (francs) in advance and her number was H.21.”
    That file also notes her German spymasters gave her vials of invisible ink.
    Much of her prison interrogation statement concerns mundane thoughts, not troop movements.
    Her MI5 file includes the note: “She had discussed the life led by people in Paris, as regards supply of food etc., had said that the English officers in Paris treated their French Allies badly, although the French went out of their way to treat them ‘like Kings’; that the French nation might live to regret that they had ever allowed the English into the country … .”
    Even if she wanted to divulge information, there wasn’t much she could say, Wark said. “Politics wasn’t really part of her world.”
    Accounts of her execution say she waved off the offer of a blindfold or the last sacrament. She was reportedly blowing a kiss — at her lawyer, a nun or the firing squad, depending on who’s telling the story — the instant her life ended.
    Wheelwright thinks this was likely bravado on the dancer’s part.
    “This was going to be her last performance and she was going to go out in style,” she said. “She was playing to the crowd, which is what she always did.”

    By: Peter Edwards Star Reporter, Published on Thu Apr 24 2014

    Find this story at 24 April 2014

    © Copyright Toronto Star Newspapers Ltd. 1996-2014

    MI5 watched Mata Hari (1999)

    Mata Hari: beautiful exotic dancer turned espionage agent
    Mata Hari, the glamorous World War I spy shot by the French in 1917, was watched by MI5 for two years, according to the newly released secret government papers.
    The former wife of a Dutch army colonel, she was recruited by German intelligence while performing as a stripper in Berlin.

    Special Report: Wartime Spies The sultry spy, who was notorious in prewar Paris for her exotic dancing and libidinous lifestyle, was interrogated twice by the British secret service but they could not force her to reveal her activities.

    She later confessed all to French authorities and was executed. Her MI5 files note however that there was never any evidence that she passed on anything of military importance.

    ‘Unfavourable impression’

    Mata Hari was born Margaretha Geertruida Zelle in Leeuwarden, The Netherlands.

    She first attracted the suspicion of British officials in December 1915 and was arrested at the southern English port of Folkestone attempting to board a boat for France.

    Under interrogation, she admitted she was heading for The Hague to live near her lover, a Dutch colonel. But MI5 could not pin anything further on her.

    Her interrogator, Captain S S Dillon, noted at the time: “Although she had good answers to every question, she impressed me very unfavourably, but after having her very carefully searched and finding nothing, I considered I hadn’t enough grounds to refuse her embarkation.”

    The report also noted that she was “handsome, bold … well and fashionably dressed” in a costume with “raccoon fur trimming and hat to match”.

    Suspect

    Mata Hari
    MI5 decided to keep tabs
    MI5 continued to monitored her after she settled in The Hague, and soon an informant revealed she was being paid by the German Embassy.

    A February 1916 intelligence report noted that she was “in relation with highly placed people and during her sojourn in France she made the acquaintance of many French and Belgian officers”.

    “She is suspected of having been to France on important mission for the Germans,” the report said. The report concluded that the matter was being followed up.

    Wrongly suspected

    In November 1916, British authorities removed Mata Hari from a steamer at the port of Falmouth en route from Spain to Holland, believing she was another German spy, Clara Benedix.

    She was taken, along with her 10 travelling trunks, to be interviewed by MI5 and the police. She told them she had been recruited by a Belgian officer, to work for his country’s intelligence service.

    She also alleged that the French consul in Vigo, Spain, had asked her to spy on Russian forces in Austria.

    Death by firing squad

    Once again there was insufficient evidence to detain her and she was sent back to Spain.

    The following year she was arrested by the French authorities, court martialled and sentenced to death by firing squad.

    A French intelligence report shown to MI5 noted: “Mata Hari today confessed that she has been engaged by Consul Cremer of Amsterdam for the German Secret Service.”

    She admitted sending “general information of every kind procurable,” but mentioned no military secrets, it said.

    Tuesday, 26 January, 1999, 23:22 GMT

    Find this story at 26 January 1999

    © BBC

    Former FBI Agent: NYPD’s Muslim-Spying Demographics Unit Was Almost Completely Useless (2014)

    from the holds-several-‘most-rights-violated’-trophies,-however dept

    Certain demographics are desirable. 18-34? Taste-makers and early adopters. 35-49? Money. Muslim and New York City resident? Being a member of this group meant (until recently) having First Amendment-protected activities being closely scrutinized by the NYPD’s now-defunct “Demographics Unit.”

    This special unit was recently disbanded, roughly a decade after it should have been, thanks to a new mayor and a new police commissioner. The unit was put together by a former CIA officer who used the post-9/11 attack climate to push for expansive surveillance of the city’s Muslim population, including designating entire mosques as terrorist-related entities. Despite all the extra attention being paid to Muslims, not a single useful investigation resulted from this unit’s work.

    The surveillance being done by this unit so pervasively subverted civil liberties protections that not even the CIA could access the NYPD’s files without breaking its internal rules. The same goes for the FBI, which has long partnered with the NYPD in its counter-terrorism efforts. Don Borelli, a former FBI agent, has written a piece for the New York Daily News, detailing why police commissioner Bill Bratton was right to disband the Demographics Unit.
    Together, we were able to stop many threats — and save many lives — including a serious plot against the subways from Najibullah Zazi, an ethnic Afghan who grew up in Queens and went on to become an Al Qaeda operative.

    Interestingly enough, the NYPD demographics unit had detailed files on Zazi’s neighborhood in Flushing during the period in which he was becoming radicalized. It kept files on businesses and visited coffee shops believed to be hangouts for potential terrorists. The unit even visited the travel agency where Zazi bought his ticket to travel to Afghanistan for terrorism training.

    So why wasn’t Zazi identified until he was driving to New York from Denver to blow up the subway? Because the program was ineffective. The mission of the demographics unit was to spot the terrorists in the haystack, but again and again it failed to do so.
    All haystack, no needle, like so many other surveillance programs. The unit overwhelmed itself in useless data, keeping it from finding what it needed when it mattered most. These data swamps built by investigative agencies have proven to be more dangerous than old-fashioned police work.
    During my time with the Joint Terrorism Task Force, I read many reports derived from investigations conducted by the NYPD Intelligence Division, which may well have relied on the demographics unit’s work. I was presented with many interesting facts about where people were attending Friday prayers and who belonged to various Muslim student associations.

    But rarely did I learn anything I didn’t already know through traditional investigations, much less anything that would have led me to open a terrorism investigation.
    Adding to the mess here is the NYPD’s twisted relationship with the FBI. While it clearly enjoys access to G-men and their tools, former police chief Ray Kelly often made it clear that his officers did superior work and that the FBI’s production of information was too slow to be useful. Of course, FBI agents have said the same thing about the NYPD, particularly in the information department, where the sharing was usually a one-way street that flowed out of the FBI and into the NYPD’s hands.

    Beyond the antagonistic relationship is the Demographic Unit itself — its own worst enemy. The former CIA officer who had a local judge rewrite guidelines to give the NYPD unprecedented permission for pervasive surveillance also managed to ensure that most info flowing back upstream to the FBI ended up being routed directly into the trash can.
    Moreover, I wound up shredding some of these reports because they had no investigative value and, in my opinion, did not belong in any FBI file because they solely reported on what was First Amendment-protected activity.
    Much like other failures to stop terrorist activity, the problems here were communication (too little) and information (too much). As Borelli notes, in his experience, it’s been more useful to build trust than to endlessly spy, something the NYPD really hasn’t made much effort to foster over the years. But its failure to do so means it has buried itself in data and alienated those who could bring an inside perspective. A decade’s worth of spying resulted in nothing but violated rights.

    by Tim Cushing
    Mon, Apr 28th 2014 4:05pm

    Find this story at 28 April 2014

    FBI informants may be revealed after agency loses court battle (2014)

    • Photographer arrested after 2008 protest wins ruling
    • FBI sought to protect ‘confidential sources’

    The FBI has lost a legal battle to prevent the disclosure of documents that could reveal the identity of two of its covert informants.

    In highly unusual case Laura Sennett, a freelance photojournalist, has won a ruling from a district court that compels the FBI to provide her with documents that shed light on informants use by agents used in their investigation into a protest which resulted in damage to a hotel lobby in Washington.

    The FBI launched its joint terrorism task force investigation days after anarchists protested a World Bank and International Monetary Fund meeting in the capital in April 2008.

    Protesters stormed into the lobby of the Four Seasons Hotel around 2.30am, chanting slogans and throwing paint-filled balloons. Most of the criminal damage, including a broken window, was minor, although the hotel said a statue worth more than $200,000 was damaged.

    Sennett had been tipped off about the protest and attended to take photographs. She believed the protesters planned to wake up the IMF delegates by making a commotion, and maintains she had no prior knowledge of their criminal intent. She did not enter the hotel lobby – choosing to photograph events from outside.

    Both of the “confidential sources” cited in the court case were asked by the FBI to review surveillance footage of the protest, in order to help identify who was there. They identified a handful of activists as well as Sennett, who specialises in reporting grass-roots activism.

    The FBI placed the photojournalist under surveillance before raiding her home with two-dozen armed law enforcement officials, who seized memory cards, hard drives and computer and camera equipment.

    In an effort to find out more about why she was targeted, Sennett, 51, has been running a legal campaign to obtain information the bureau holds about her, using Freedom of Information Act (FOIA) requests.

    She had so far been given more than 1,000 pages of FBI documents, which the Guardian has seen, but the bureau withheld key portions, claiming they fell under an exemption intended to protect the identity of “confidential sources”. That decision has been challenged in court by Sennett’s lawyers.

    On Wednesday, district judge James E Boasberg sided with Sennett, ordering the FBI to release the contested documents, which all parties accept “could reasonably be expected to disclose the identity of a confidential source”.

    The judge said that despite three attempts, the FBI had failed to convince him the sources would have inferred confidentiality from their interactions with agents.

    Dan Metcalfe, who directed the Justice Department’s Office of Information and Privacy for more than 25 years before retiring in 2007, and has represented the FBI in dozens of similar cases, said it was “extremely rare” for the bureau to be forced to reveal the identity of a source.

    “I can think of just a handful of cases at most in which the FBI has had to disclose potentially identifying information about a confidential source over the past 40 years,” he said.

    The case, he said, was a significant blow for the FBI, which is very strongly opposed to revealing the identity of its sources, not least because doing so could discourage future informants from co-operating.

    Metcalfe, now a law professor at the American University, said the solicitor general was highly unlikely to launch an appeal.

    “I’ve read thousands and thousands of FOIA opinions,” he said. “I would put this in the top percentile for being analytically sound and written exceptionally well. Based upon the facts that one gleans from reading the opinion, this is an entirely correct outcome. I see little or no prospect for reversal on appeal.”

    Mike German, a former FBI agent now with the Brennan Center for Justice at New York University, said he believed the two informants in the case, one of whom is said to have attended anti-capitalist meetings, could be private investigators.

    “That is something that, having seen the documents, the judge may be less keen on keeping secret,” he said.

    German said the fact an act of vandalism against the Four Seasons was even investigated by the FBI’s counter-terrorism teams followed a pattern of investigations into protest movements that are “more about suppressing dissent than investigating serious or violent crime”.

    Detective Vincent Antignano, the federal marshall deputised to run the FBI’s investigation into the protest, said in a deposition conducted by Sennett’s legal team he believed Sennett was “like-minded like anarchists”, because she was among the 16 people captured on the hotel’s surveillance video.

    “Everyone on that video is a suspect, so that’s the way I look at it,” he said, adding that he assumed she had similar views to the protesters captured in the video “who despise their government”.

    Asked to elaborate, Antignano said that while he did not know Sennett’s dietary preference, “she could also be a vegan like … [people] who are against animal protests [sic] or animal research or won’t eat meat and stuff like that.”

    Antignano had a broad notion of what behaviour constituted “terrorism”, saying that even an assault could fall within the definition.

    “If you get assaulted and you believe you’ve been terrorised, then maybe that is terrorism,” he told Sennett’s lawyer.

    The deposition was part of a separate case, in which Sennett’s lawyers sued the FBI for damages they said Sennett suffered as part of the raid on her home, which was led by Antignano.

    Sennett said the raid was traumatising. Around two-dozen agents “yanked my 19-year-old son out of bed at gunpoint”, she said, before quizzing her about political books on her shelf and asking what “kind of an American” she was.

    Sennet said she replied: “I’m a photographer.”

    A freelancer whose images have appeared on CNN, MSNBC and the History Channel and in the Toronto Free Press, Sennett is adamant the FBI must have known she was present at the protest in a journalistic capacity. The FBI denied its agents knew of her occupation.

    Sennett was never arrested or charged. She believes undercover police or moles within the protest group may have been responsible for giving the FBI details, including a cellphone number, which allowed agents to track her down.

    Her lawyer, DC-based Jeffrey Light, argued that her status as a photojournalist should have barred agents from seizing her material, under a clause of the Privacy Protection Act.

    However in that case a district court ruled against Sennett – a decision upheld in 2012 by the court of appeal, which found that while Sennett’s occupation provided “an innocent explanation” for her presence at the protest, the FBI, when it launched its inquiry, still had “probable cause” to believe she was part of a conspiracy to commit vandalism.

    Wednesday’s court ruling by judge Boasberg, a Barack Obama appointee, was far more sympathetic to Sennett’s case.

    Boasberg said the FBI had failed to provide sufficient proof that its informants “inferred that their communications with the bureau would remain confidential”. While acknowledging the FBI’s argument regarding preserving the confidentiality of informants – “one of source protection and empowerment of law-enforcement agencies” – Boasberg added: “That solicitude, however, can only carry the court so far.”

    Light said he hoped Wednesday’s victory, which the government has 90 days to appeal, would take the capital’s protest community a step closer to discovering the identity of potential moles in their midst.

    “People want to know who is spying on them,” he said.

    Sennett said she hoped that by identification of the FBI’s informants in her case would discourage the bureau from conducting similar quasi-terrorist investigation in the future.

    “I pursued this case because I don’t think anyone – activists, freelancers, bloggers – should have to go through what I went through.”

    The US attorney’s office said it was reviewing the case but declined to offer further comment.

    The FBI also declined a request for comment.

    Paul Lewis in Washington
    theguardian.com, Friday 2 May 2014 18.01 BST

    Find this story at 2 May 2014

    © 2014 Guardian News and Media Limited or its affiliated companies.

    Better This World (2011)

    The timely new documentary Better This World tells a provocative and cautionary story about the shifting fault lines of civil liberties, protest and government vigilance. Two boyhood friends from the heart of Texas, Bradley Crowder and David McKay, find themselves increasingly out of step with their neighbors as they react against the wars in Iraq and Afghanistan. After moving to Austin, they go to a presentation at a local bookstore about protesting the 2008 Republican National Convention (RNC) in Minneapolis-St. Paul. There they are approached by a charismatic older activist, who suggests that they work together to prepare for the demonstrations.

    Six months later, on the eve of the convention, the two young friends make eight Molotov cocktails but then decide not to use them. The matter might have ended there — but not everything was as it seemed. The FBI and other law enforcement agencies had been engaged in a two-year, multimillion-dollar counterterrorism effort leading up to the convention. The young men’s mentor, it turns out, was a government informant and had been long before meeting them; Crowder and McKay were arrested and charged with domestic terrorism.

    McKay calls home from jail
    David McKay calls home for the first time from jail
    Credit: Mike Nicholson

    Growing up in Midland, Texas, Crowder and McKay had little political education beyond their parents’ encouragement to “stand up for the oppressed” and to “stand up for what you believe in.” Somewhere along the way, partly in late-night walks through the town’s deserted streets, the friends began to form their own interpretation of their parents’ words. It was Crowder who made the first public statement of his political beliefs in 2003 when the United States declared war on Iraq. He drew an upside-down American flag with the words “No War” on a T-shirt and wore it to his high school the next day — a move that, he recounts, “became a pretty dramatic event.”

    Seeking “something else,” Crowder and McKay moved to more progressive Austin, where they met Brandon Darby, who had gained prominence as the co-founder of Common Ground, a grassroots relief organization that fed and housed thousands of victims of Hurricane Katrina. Crowder and McKay were flattered when the larger-than-life activist approached them at a bookstore in Austin about organizing together.

    Two years prior to the 2008 RNC, Minneapolis-St. Paul was designated a “homeland security site” and the FBI began “preventative” intelligence operations nationwide, including sending informants into many activist circles. As FBI Special Agent Christopher Langert says, “We . . . knew that there were . . . some people [coming] to St. Paul to do more than just demonstrate. . . . They were going to try to block delegates, cause destruction.” So the FBI tasked Darby with infiltrating Austin-based activist groups.

    Police pepperspray protesters at the 2008 RNC
    Police unleash pepper spray at protesters during the 2008 Republican National Convention.
    Credit: Courtesy of Better This World

    As several people in the film who knew Darby, Crowder and McKay recount, Darby urged the young men to become more radical — to take more extreme actions. According to Larra Elliott, one of the activists who accompanied the three to the RNC, “Brandon . . . said something that caught my attention, like, ‘Don’t you feel that firebombs and armed militias . . . that kind of . . . action is necessary sometimes?’ And Brad was like, ‘No, I don’t feel that way.’ Brandon would not leave it alone.”

    Darby echoes some of this sentiment in letters to his FBI handler about meetings with McKay and Crowder. “I told them that direct action is intense, and we could all expect to have violence used against us. I told them I was ready to deal with that, and if they weren’t, then they shouldn’t work with me.”

    On Aug. 28, 2008, Crowder and McKay joined Darby and several other activists Darby had brought together for the long van ride up to the RNC, where they would join thousands of other protestors. Within days Crowder and McKay were under arrest. The “Texas Two” faced multiple domestic terrorism charges, agonizing legal decisions and decades in prison. Darby, until then their mentor, would be the government’s star witness against them.

    Better This World reconstructs the story of the relationship between these three men and the subsequent twists and turns of their legal cases through interviews with Crowder, McKay and their family members; FBI agents and attorneys; and a wealth of intriguing surveillance and archival footage — presenting an extraordinarily well-documented account and untangling a web of questions: Why did Darby, a committed activist, become a government informant? What led these young men to build eight homemade bombs? Did Darby and law enforcement save innocent victims from domestic terrorists bent on violence and destruction? Or were Crowder and McKay impressionable disciples set up by overzealous agents and a dangerous provocateur? Or does the answer lie somewhere in between?

    Better This World probes these questions and more as it paints a gripping portrait of the strange and intriguing odyssey of these men — poignantly describing not only the problems of power and authority, but also the ultimate power of friendship, forgiveness and love.

    Premiere Date: September 6, 2011

    Find this story at 6 September 2011

    Copyright © 1995–2014 American Documentary, Inc.

    How a Radical Leftist Became the FBI’s BFF; To many on the left, Brandon Darby was a hero. To federal agents consumed with busting anarchist terror cells, he was the perfect snitch (2011)

    FOR A FEW DAYS IN SEPTEMBER 2008, as the Republican Party kicked off its national convention in St. Paul, Minnesota, the Twin Cities were a microcosm of a deeply divided nation. The atmosphere around town was tense, with local and federal police facing off against activists who had descended upon the city. Convinced that anarchists were plotting violent acts, they sought to bust the protesters’ hangouts, sometimes bursting into apartments and houses brandishing assault rifles. Inside the cavernous Xcel Energy convention center, meanwhile, an out-of-nowhere vice presidential nominee named Sarah Palin assured tens of thousands of ecstatic Republicans that her running mate, John McCain, was “a leader who’s not looking for a fight, but sure isn’t afraid of one either.”

    The same thing might have been said of David McKay and Bradley Crowder, a pair of greenhorn activists from George W. Bush’s Texas hometown who had driven up for the protests. Wide-eyed guys in their early 20s, they’d come of age hanging out in sleepy downtown Midland, commiserating about the Iraq War and the administration’s assault on civil liberties.

    FBI Special report
    Our Yearlong Investigation Into the Program to Spy on America’s Muslim Communities
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    Watch an FBI Surveillance Video
    St. Paul was their first large-scale protest, and when they arrived they were taken aback: Rubber bullets, flash-bang grenades, tumbling tear-gas canisters—to McKay and Crowder, it seemed like an all-out war on democracy. They wanted to fight back, even going so far as to mix up a batch of Molotov cocktails. Just before dawn on the day of Palin’s big coming out, a SWAT team working with federal agents raided their crash pad, seized the Molotovs, and arrested McKay, alleging that he intended to torch a parking lot full of police cars.

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    Since only a few people knew about the firebombs, fellow activists speculated that someone close to McKay and Crowder must have tipped off the feds. Back in Texas, flyers soon began appearing at coffeehouses urging leftists to beware of Brandon Darby, an “FBI informant rat loose in Austin.”

    The allegation came as a shocker; Darby was a known and trusted member of the left-wing protest crowd. “If Brandon was conning me, and many others, it would be the biggest lie of my life since I found out the truth about Santa Claus,” wrote Scott Crow, one of many activists who rushed to defend him at first. Two months later, Darby came clean. “The simple truth,” he wrote on Indymedia.org, “is that I have chosen to work with the Federal Bureau of Investigation.”

    Darby’s entanglement with the feds is part of a quiet resurgence of FBI interest in left-wingers. From the Red Scare days of the 1950s into the ’70s, the FBI’s Counter Intelligence Program, a.k.a. COINTELPRO, monitored and sabotaged communist and civil rights organizations. Nowadays, in what critics have dubbed the Green Scare, the bureau is targeting the global-justice movement and radical environmentalists. In 2005, John Lewis, then the FBI official in charge of domestic terrorism, ranked groups like the Earth Liberation Front ahead of jihadists as America’s top domestic terror threat.

    FBI stings involving informants have been key to convicting 14 ELF members since 2006 for a string of high-profile arsons, and to sentencing a man to 20 years in prison for conspiring to destroy several targets, including cell phone towers. During the St. Paul protests, at least two additional informants infiltrated and helped indict a group of activists known as the RNC Eight for conspiring to riot and damage property.

    Brandon Darby.: Couresy Loteria Films
    Brandon Darby. Courtesy Loteria Films
    But it’s Darby’s snitching that has provided the most intriguing tale. It’s the focus of a radio magazine piece, two documentary films, and a book in the making. By far the most damning portrayal is Better This World, an award-winning doc that garnered rave reviews on the festival circuit and is slated to air on PBS on September 6. The product of two years of work by San Francisco Bay Area filmmakers Katie Galloway and Kelly Duane de la Vega, it dredges up a wealth of FBI documents and court transcripts related to Darby’s interactions with his fellow activists to suggest that Darby acted as an agitator as much as an informant. (Watch the trailer and read our interview with the filmmakers here.)

    The film makes a compelling case that Darby, with the FBI’s blessing, used his charisma and street credibility to goad Crowder and McKay into pursuing the sort of actions that would later land them in prison. Darby flatly denies it, and he recently sued the New York Times over a story with similar implications. (The Times corrected the disputed detail.) “I feel very morally justified to do the things that I’ve done,” he told me. “I don’t know if I could have handled it much differently.”

    Darby “gets in people’s minds and can pull you in,” one activist warned me. “He’s a master. And you are going to feel all kinds of sympathy for him.”
    BRANDON MICHAEL DARBY is a muscular, golden-skinned 34-year-old with Hollywood looks and puppy-dog eyes. Once notorious for sleeping around the activist scene, he now often sleeps with a gun by his bed in response to death threats. His former associates call him unhinged, a megalomaniac, a manipulator. “He gets in people’s minds and can pull you in,” Lisa Fithian, a veteran labor, environmental, and anti-war organizer, warned me before I set out to interview him. “He’s a master. And you are going to feel all kinds of sympathy for him.”

    The son of a refinery welder, Darby grew up in Pasadena, a dingy Texas oil town. His parents divorced when he was 12, and soon after he ran away to Houston, where he lived in and out of group homes. By 2002, Darby had found his way to Austin’s slacker scene, where one day he helped his friend, medical-marijuana activist Tracey Hayes, scale Zilker Park’s 165-foot moonlight tower (of Dazed and Confused fame) and unfurl a giant banner painted with pot leaves that read “Medicine.” They later “hooked up,” Hayes says, and eventually moved in together. She introduced him to her activist friends, and he started reading Howard Zinn and histories of the Black Panthers.

    Some local activists wouldn’t work with Darby (he liked to taunt the cops during protests, getting them all riled up). But that changed after Hurricane Katrina, when he learned that Robert King Wilkerson, one of the Angola Three—former Black Panthers who endured decades of solitary confinement at Louisiana’s Angola Prison—was trapped in New Orleans. Darby and Crow drove 10 hours from Austin towing a jon boat. When they couldn’t get it into the city, Darby somehow harangued some Coast Guard personnel into rescuing Wilkerson. The story became part of the foundation myth for an in-your-face New Orleans relief organization called the Common Ground Collective.

    It would eventually grow into a national group with a million-dollar budget. But at first Common Ground was just a bunch of pissed-off anarchists working out of the house of Malik Rahim, another former Panther. Rahim asked Darby to set up an outpost in the devastated Ninth Ward, where not even the Red Cross was allowed at first. Darby brought in a group of volunteers who fed people and cleared debris from houses while being harassed by police, right along with the locals who had refused to evacuate. “If I’d had an appropriate weapon, I would have attacked my government for what they were doing to people,” he declared in a clip featured in Better This World. He said he’d since bought an AK-47 and was willing to use it: “There are residents here who have said that you will not take my home from me over my dead body, and we have made a commitment to be in solidarity with those residents.”

    But Common Ground’s approach soon began to grate on Darby. He bristled at its consensus-based decision making, its interminable debates over things like whether serving meat to locals was serving oppression. He idolized rugged, iconoclastic populists like Che Guevara—so, in early 2006, he jumped at a chance to go to Venezuela to solicit money for Katrina victims.

    Darby was deeply impressed with what he saw, until a state oil exec asked him to go to Colombia and meet with FARC, the communist guerrilla group. “They said they wanted to help me start a guerrilla movement in the swamps of Louisiana,” he told “This American Life” reporter Michael May. “And I was like, ‘I don’t think so.'” It turned out armed revolution wasn’t really his thing.David Mckay: Couresy Loteria Films
    David McKay. Courtesy Loteria Films

    Darby’s former friends dispute the Venezuela story as they dispute much that he says. They accuse him of grandstanding, being combative, and even spying on his rivals. In his short-lived tenure as Common Ground’s interim director, Darby drove out 30 volunteer coordinators and replaced them with a small band of loyalists. “He could only see what’s in it for him,” Crow told me. For example, Darby preempted a planned police-harassment hot line by making flyers asking victims to call his personal phone number.

    The flyers led to a meeting between Darby and Major John Bryson, the New Orleans cop in charge of the Ninth Ward. In time, Bryson became a supporter of Common Ground, and Darby believed that they shared a common dream of rebuilding the city. But he was less and less sure about his peers. “I’m like, ‘Oh my God, I’ve replicated every system that I fought against,'” he recalls. “It was fucking bizarre.”

    By mid-2007, Darby had left the group and become preoccupied with the conflict in Lebanon. Before long, Darby says, he was approached in Austin by a Lebanese-born schoolteacher, Riad Hamad, for help with a vague plan to launder money into the Palestinian territories. Hamad also spoke about smuggling bombs into Israel, he claims.

    Darby says he discouraged Hamad at first, and then tipped off Bryson, who put him in touch with the FBI. “I talked,” he told me. “And it was the fucking weirdest thing.” He knew his friends would hate him for what he’d done. (The FBI raided Hamad’s home, and discovered nothing incriminating; he was found dead in Austin’s Lady Bird Lake two months later—an apparent suicide.)

    MCKAY AND CROWDER FIRST encountered Darby in March 2008 at Austin’s Monkey Wrench Books during a recruitment drive for the St. Paul protests. Later, in a scene re-created in Better This World, they met at a café to talk strategy. “I stated that I wasn’t interested in being a part of a group if we were going to sit and talk too much,” Darby emailed his FBI handlers. “I stated that I was gonna shut that fucker down.”

    “My biggest impression from that meeting was that Brandon really dominated it,” fellow activist James Clark told the filmmakers. Darby’s FBI email continued: “I stated that they all looked like they ate too much tofu and that they should eat beef so that they could put on muscle mass. I stated that they weren’t going to be able to fight anybody until they did so.” At one point Darby took everyone out to a parking lot and threw Clark to the ground. Clark interpreted it as Darby sending the message: “Look at me, I’m badass. You can be just like me.” (Darby insists that this never happened.)

    “The reality is, when we woke up the next day, neither one of us wanted to use” the Molotovs, Crowder told me.
    When the Austin activists arrived in St. Paul, police, acting on a Darby tip, broke open the group’s trailer and confiscated the sawed-off traffic barrels they’d planned to use as shields against riot police. They soon learned of similar raids all over town. “It started to feel like Darby hadn’t amped these things up, and it really was as crazy and intense as he had told us it was going to be,” Crowder says. Feeling that Darby’s tough talk should be “in some ways, a guide of behavior,” they went to Walmart to buy Molotov supplies.

    “The reality is, when we woke up the next day, neither one of us wanted to use them,” Crowder told me. They stored the firebombs in a basement and left for the convention center, where Crowder was swept up in a mass arrest. Darby and McKay later talked about possibly lobbing the Molotovs on a police parking lot early the next morning, though by 2:30 a.m. McKay was having serious doubts. “I’m just not feeling the vibe on the street,” he texted Darby.

    “You butt head,” Darby shot back. “Text me when you can.” He texted his friend repeatedly over the next hour, until well after McKay had turned in. At 5 a.m., police broke into McKay’s room and found him in bed. He was scheduled to fly home to Austin two hours later.

    Bradley Crowder: Courtesy Loteria Films
    Bradley Crowder. Courtesy Loteria Films
    The feds ultimately convicted the pair for making the Molotov cocktails, but they didn’t have enough evidence of intent to use them. Crowder, who pleaded guilty rather than risk trial, and a heavier sentence, got two years. McKay, who was offered seven years if he pleaded guilty, opted for a trial, arguing on the stand that Darby told him to make the Molotovs, a claim he recanted after learning that Crowder had given a conflicting account. McKay is now serving out the last of his four years in federal prison.

    AT SOUTH AUSTIN’S STRANGE BREW coffeehouse, Darby shows up to meet me on a chromed-out Yamaha with flames on the side. We sit out back, where he can chain-smoke his American Spirits. Darby is through being a leftist radical. Indeed, he’s now an enthusiastic small-government conservative. He loves Sarah Palin. He opposes welfare and national health care. “The majority of things could be handled by people and by communities,” he explains. Climate change is “a bandwagon” and the EPA should be “strongly limited.” Abortion shouldn’t be a federal issue.

    He sounds a bit like his new friend, Andrew Breitbart, who made his name producing sting videos targeting NPR, ACORN, Planned Parenthood, and others. About a year after McKay and Crowder went to jail, Breitbart called Darby wanting to know why he wasn’t defending himself against the left’s misrepresentations. “They don’t print what I say,” Darby said. Breitbart offered him a regular forum on his website, BigGovernment.com. Darby now socializes with Breitbart at his Los Angeles home and is among his staunchest defenders. (Breitbart’s takedown of ACORN, he says, was “completely fucking fair.”)

    “No matter what I say, most people on the left are going to believe what reinforces their own narrative,” Darby says. “And I’ve quit giving a shit.”
    Entrapment? Darby scoffs at the suggestion. He pulls up his shirt, showing me his chest hair and tattoos, as though his macho physique had somehow seduced Crowder and McKay into mixing their firebombs. “No matter what I say, most people on the left are going to believe what reinforces their own narrative,” he says. “And I’ve quit giving a shit.”

    The fact is, Darby says, McKay and Crowder considered him a has-been. His tofu comment, he adds, was a jocular response after one of them had ribbed him for being fat. “I constantly felt the need to show that I was still worthy of being in their presence,” he tells me. “They are complete fucking liars.” As for those late-night texts to McKay, Darby insists he was just trying to dissuade him from using the Molotovs.

    He still meets with FBI agents, he says, to eat barbecue and discuss his ideas for new investigations. But then, it’s hard to know how much of what Darby says is true. For one, the FBI file of his former friend Scott Crow, which Crow obtained under a Freedom of Information Act request last year, suggests that Darby was talking with the FBI more than a year before he claims Bryson first put him in touch. Meanwhile, Crow and another activist, Karly Dixon, separately told me that Darby asked them, in the fall of 2006, to help him burn down an Austin bookstore affiliated with right-wing radio host Alex Jones. (Hayes, Darby’s ex, says he told her of the idea too.) “The guy was trying to put me in prison,” Crow says.

    Such allegations, Darby claims, are simply part of a conspiracy to besmirch him and the FBI: “They get together, and they just figure out ways to attack.” Believe whomever you want to believe, he says. “Either way, they walk away with scars—and so do I.”

    —By Josh Harkinson | September/October 2011 Issue

    Find this story in September/October 2011

    Copyright ©2014 Mother Jones and the Foundation for National Progress.

    381: Turncoat (2009)

    A well-known activist—an anarchic, revolutionary activist—is accused of spying on other activists for the FBI. The strangest thing about the rumor is, it’s true. How Brandon Darby transformed from cop-hater to federal witness. Plus, a story by Etgar Keret, about a boy who betrays his people with a pair of shoes.

    Brandon Darby was a radical activist and one of the founders of the incredibly effective relief organization Common Ground. Michael May reports on how Darby changed from a revolutionary who wanted the overthrow of the U.S. government into an informant working with the FBI against his former radical allies.

    MAY 22, 2009

    Find this story at 22 May 2009

    © 1995 – 2014 Chicago Public Media & Ira Glass

    The Informant Revolutionary to rat: The uneasy journey of Brandon Darby (2009)

    Last year on Aug. 28, eight Austin activists traveled north in a rented white van to join thousands of protesters in St. Paul, Minn., for the Republican National Convention. In the trailer behind them were shields homemade from traffic barrels – cut in half, painted black, and fitted with Plexiglas windows. The shields mimic police riot gear and are often used in “black blocs,” a method of street protesting with origins in Germany that became prominent stateside at the 1999 Seattle World Trade Organization protests, during which a black bloc caused property damage to various businesses. The black bloc is sort of like the punk rock version of protest, and its alluring combination of direct action and danger similarly attracts mostly young, white men.
    On Aug. 31, a couple of days after the group’s arrival in Minnesota, St. Paul police searched the trailer without a warrant and seized the shields. The next day, two of the van’s passengers, David McKay, 22, and Bradley Crowder, 23, were arrested for disorderly conduct. McKay was released later that day, but Crowder remained in jail. According to a subsequent police affidavit, McKay met the next day with fellow activist Brandon Michael Darby, 32, who had also traveled to St. Paul with the Austin group. Angry that his friend was still being held, McKay told Darby that he and Crowder had made some Molotov cocktails (i.e., bottled gasoline bombs) and that he was planning on throwing them at cop cars parked in a parking lot.
    According to the partial transcript in the affidavit, Darby asked McKay, “What if there’s a cop sleeping in the car?” “He’ll wake up,” replied McKay. “What if he doesn’t?” Darby asked. McKay was silent. Darby pressed on, asking McKay if he would “leave the scene with a cop burning or dying.” McKay answered, “Yes.” And then, again, according to a partial transcript of the recorded conversation, McKay told Darby that it was “worth it if a cop gets burned or maimed.” These words, along with eight Molotov cocktails found in the basement of the house in which McKay was crashing, have him facing up to 30 years in federal prison for charges related to possession and assembly of “unregistered firearms,” as the weapons are defined by federal law.
    McKay did not know that his words to Darby, spoken in a moment of foolish hotheadedness that his friends say he is known for, were being transmitted to agents of the Federal Bureau of Investigation via electronic surveillance gear that Darby had hidden out of sight. Nor did he know that Darby had supplied the FBI with the information that led to the seizure of the homemade riot gear. More­over, Darby had already told the feds that, in retaliation for the cops’ apparently illegal bust, the group had gone to Wal-Mart with a shopping list that might have supplied a touring Roller Derby team – elbow pads, gas cans, bike helmets, motor oil, tampons – but included also the potential fixings for some Molotov cocktails. The youths’ recklessness, as well as their implicit trust in Darby, had led them into a police trap.
    Who Is Brandon Darby?
    At first glance, Brandon Michael Darby seems a typical Austin lefty activist. He entered Austin’s radical progressive scene nearly a decade ago; through a former activist girlfriend, he became involved in a variety of small groups engaged in progressive projects: getting dirty drug needles off the streets, innocent prisoners out of jail, and recent immigrants into stable homes. He’s a boyishly handsome guy, in good shape from martial arts training, and he currently lives on several acres of farmland beyond the city limits, where he keeps chickens and a pig. He says he’s planning on getting a goat and has a “massive compost operation” going. He talks excitedly about making his home more sustainable and about the impending installation of a solar water heater. He collects rainwater for the garden and is restoring an old house.
    Darby’s now employed as a legal and investigative assistant for an attorney, work that he feels good about because, he says, his employer doesn’t buy in to the whole “how much justice can you afford” system and does a lot of pro bono work. He recently became a father, to 9-month-old Olivia, and though he and Olivia’s mother don’t live together, he says that they are “co-parenting.” All in all, a contemporary portrait in progressive rationality and sustainable ambitions.
    Prior to his latest incarnation, Darby had also acquired a considerable national reputation as a valiant and committed community activist, especially in New Orleans. There, initially in the wake of Hurricane Katrina, he had helped rescue stranded residents and rebuild housing and had been centrally involved in the work of the Common Ground Relief – a community effort focused on restoring neighborhoods, defending residents’ rights, and trying to rebuild the community from the ground up. Darby was featured in national interviews about post-hurricane New Orleans and more particularly had a reputation for defying authority and especially cops – not necessarily the profile of a potential police informant.
    But ask around Austin activist circles, and a more contradictory portrait emerges. Several local activists describe Darby as a troubled, paranoid man with a volatile history with women, a penchant for violent rhetoric, and a strong authoritarian streak. At best, Darby might be just an ordinary and confused young person, fired with generalized idealism and stumbling through this world on his own tangled, misguided mission to save it. But at worst, he might have been – might have become over the last several years – a manipulator with a hero complex, bent on inflating his own self-importance in the comfortable guise of moral superiority.
    Finding Common Ground
    For much of 2006, Darby was heavily involved with Common Ground Relief, the post-Katrina recovery effort that has gained national attention for its endeavors. Darby himself came to national attention when he and one of Common Ground Relief’s founding members, Scott Crow, the prominent anarchist community organizer behind a host of Austin organizations including Radical Encuentro Camp, Ecology Action, and Treasure City Thrift, traveled to New Orleans right after the levees broke in search of their friend Robert “King” Wilkerson, who had stayed in his home to weather out the storm.
    Crow’s detailed account of the apocalyptic journey, “It Takes a Spark to Start a Prairie Fire: Desperation, Racism and the Beginnings of Common Ground Relief,” can be read in full at Infoshop News (news.infoshop.org). (Crow’s book, Black Flags and Windmills: Anarchy, Hope and Common Ground, which also recounts the episode, comes out this year.) Their first effort failed, but the two friends decided to try again when they got a call from Malik Rahim, a former Black Panther, community organizer, and childhood friend of King’s, who reported that his neighborhood, Algiers, was being patrolled by white militias harassing unarmed black residents. The men set out once again, this time determined to bring supplies and aid to Rahim and to bring King back to Austin.
    It was on this second trip that Rahim and Crow planted the seeds for Common Ground Relief using, Crow writes, “a strategy mixed from the Black Panther survival programs, the current work in Chiapas, Mexico of the Zapatistas and good old community organizing.” It was also when Darby made national headlines by taking a dip into the dreaded “toxic sludge,” a gnarly mix of industrial waste, waterlogged carcasses, and other nastiness, to find King. Crow writes: “Brandon called me one last time before he dropped into the dark water, and Malik and I told him we would come looking for him if he didn’t return. He started swimming with his phone held in the air, and he made good progress alternating between wading and swimming, trying to keep the water out of his mouth.” Federal Emergency Management Agency agents spotted Darby and ordered him out of the water, but he would not do so until they dispatched a boat to find and retrieve King; a hero’s welcome awaited Darby when he and King returned to Rahim’s home. After celebrating the reunion, everyone went to work, doing what they could to put the world right again.
    At the time of Common Ground’s inception, the mood in New Orleans was tense. The U.S. government had completely failed the community, all the proof that most people needed that the system wasn’t working. Revolution was in the air, and Common Ground was at the forefront of envisioning a potential new world. In that heady atmosphere, Venezuelan President Hugo Chávez offered the group monetary relief in the form of Citgo gas cards, and Common Ground sent a delegation, including Darby, to Caracas. On pirate radio, Crow described Common Ground as “a paramilitary organization” – a statement for which he was criticized within the group. But given the atmosphere of chaos and devastation and uncertainty, people behaved in ways they normally would not.
    As for Darby, those who were involved in Common Ground describe him as a simultaneously dynamic and divisive character, with an authoritarian streak that the mostly anarcho-hippie crowd didn’t care for. One volunteer coordinator who worked with Common Ground from January to July 2006 recounted a disturbing episode: A couple of volunteers called back to headquarters concerned they were about to get jumped, and Darby leaped into his truck to save the day – reportedly by firing his gun into the air in the middle of the street. “It just seemed like an unnecessarily violent escalation,” she recalled. “Everything I heard about Brandon Darby during my time at Common Ground was that he was crazy, and what I witnessed was that he was very prominent and very divisive. He’d come into town and everybody would be whispering, like: ‘Oh, shit. Brandon Darby’s back.’ ”
    Darby explains the perception of him as authoritarian this way: “For some, Common Ground might have been about creating a little anarchist utopia. For me, it was about helping people have their rights heard and have their homes [restored], and it was about getting things done.” Darby also denies that he has ever discharged a firearm anywhere in the state of Louisiana.
    “I know that Brandon has been trained in firearm safety, and I just don’t see him doing that,” says Andy Gallagher, a New Orleans resident who’s known Darby since he was 18 and who has lived with him in the past. “In all honesty, there have been situations that I have witnessed where Brandon has had a gun on hand and used it [in] a way that actually de-escalated the situation and protected the lives [of those] who were with him.” Though Gallagher wasn’t involved with Common Ground, he was in town at the time doing his own aid work – locating displaced foster children – and would often visit Darby.
    Another prominent organizer of the Com­mon Ground effort was Lisa Fithian, who says she has never gotten along with Darby. “He was a leader of the organization, though, and because of that, he was able to set some patterns in motion that I believe led to systemic issues of sexual abuse, sexual harassment, and violence,” she says. “He kicked the door down of a women’s center at 2am to throw a guy out; he kicked in the door of a trailer where there were volunteers with guns on them. He did a lot of Wild West shit – Mister Macho Action Hero.”
    Darby responds that this portrait is both inaccurate and unfair. “We were in an aggressive situation that was frightening; we felt like it was the end of the world,” he explains. “So if there is a man living in a women’s center illegally, against the wishes of the women in the center, and all of the women exit that center, leaving that one guy who barricades himself in and is pissing and pooping on the floor, I think it’s totally fine to kick down the door. But really, if I was so bad, why was I the spokesperson for Common Ground Relief for so long?” Darby asks. “Why, after 2006, did they have me come back and ask me to direct the organization and be the spokesperson again?”
    In retrospect, Darby’s friend Crow adds his own doubts. “He inserted himself as ‘co-founder’; he wanted that status, even as people were getting written out of the Common Ground history, people who did a lot of work organizing. He also made sure that the media followed him extensively and didn’t interview other people when he was director and also when he was just another person around,” insists Crow. “If you look at the way Brandon tells it, he did the whole Lower 9th Ward with one hand tied behind his back, when really there were a lot of people who did the work, and the organizing too, who you’ll never hear about because of Brandon’s monopoly on the media. So, did he do that just because he’s crazy, or did he do that to get more credibility for himself so that he could gather more information?”
    Bad Intentions
    Malik Rahim now fervently believes that Darby was an informant for at least part of the time he worked for Common Ground, a conclusion he describes as heartbreaking. “Look, Brandon and Scott brought weapons to my house to help me defend my home,” he says. “So my first feeling for both of them was love.” But that love, Rahim laments, soon turned to blind defense of someone with whom many in the organization, including his own family members, had problems. “It came to the degree that my son just knew that there was something too wrong with Brandon, and he searched Brandon’s possessions, because he said, ‘This guy is an agent, or he is an informant,'” Rahim recalls. “And, let me tell you, it caused a rift between my son and I, so much so that eventually, he left. Because I believed Brandon. I defended him.”
    Rahim believes that something happened to Darby while he was in Venezuela and that it was then that he became an informant, because that is when Rahim now sees that Darby began to impede the group’s progress. “I think that Brandon had a nervous breakdown in Venezuela and that when he came back he was messed up in the head,” Rahim explains. “At the very beginning, he was helpful, but after Venezuela, he became harmful. … He did everything he could to destroy St. Mary’s, which was where we were housing the majority of our volunteers, by letting a bunch of crackheads move in there. And he also drove a wedge between me and Lisa Fithian and eventually caused her to leave, too. He was doing everything you’re supposed to do as a government agent in that situation. Divide and conquer.”
    What Rahim considers sabotage and what Fithian calls patriarchal power plays Darby just sees as trying to do something good in a bad situation. Though he disagrees that his adamant refusal to turn people away from St. Mary’s was harmful, he agrees that something bad really did happen to him in Venezuela and that he came back a changed man. “I probably should have left New Orleans at that point and come back to Austin and gone to therapy. But I didn’t. I stayed,” he says. “I didn’t want to be there, but I thought I should have been there. Maybe that was my biggest mistake.” While in Venezuela, Darby says, he was informed by “someone in the Venezuelan government” that what he was doing – essentially seeking funds from the Chávez administration to undermine the Bush administration – was illegal. Darby freaked out and says that at times he was frightened for his life. He thought he might be arrested when he returned to the States, and he was angry that he had been put in that position by Common Ground, particularly Crow and Fithian. But he swears, again and again, that he was never working for the federal government while in New Orleans. Not ever.
    These activists believe Brandon Darby reported on their activities to the FBI. Those interviewed for this story include Scott Crow (back, center). Next to Crow is Ann Harkness. Simon Evans is back row, far right, and Lisa Fithian stands in front of Evans.
    These activists believe Brandon Darby reported on their activities to the FBI. Those interviewed for this story include Scott Crow (back, center). Next to Crow is Ann Harkness. Simon Evans is back row, far right, and Lisa Fithian stands in front of Evans.
    PHOTO BY JANA BIRCHUM
    Though he refuses to give a start date, Darby says he’s been working with the FBI for less than two years. FBI documents have him making phone calls to the bureau beginning in November 2007. Though he still describes himself as a lefty and says he’s “the furthest thing from a Republican,” it was protecting the rights of Republicans, he says, that finally persuaded him to work with the feds. “One morning, I woke up and realized that I disagree with the group I was associating with as much as I disagree with the Republican Party,” he recalls. “I began to feel that a small select group of people had bad intentions, and I felt the need to do something about it.”
    The relationship began with a call to a cop that Darby knows in another city, because, he says, there was a situation that needed to be reported. He told that person what his concerns were, and that cop gave him the name of a federal agent. Darby says he met with some federal agents, told them what he had to say, and left. The agent later contacted him again, they had what Darby says was a “good conversation,” and over the course of a few months, Darby agreed to go undercover. Though he won’t say what it was exactly that made him make that initial call, he will say this about the eventual decision to go undercover: “My deal was with a small group of people whom I personally wouldn’t call terrorists but whose views and ideologies, in addition to their actions, are a little bit frightening and not in the best interest of the world. … So, with that said, I did what I can to make sure that that’s not an issue. Because I felt like I owed that to life, and I felt like I owed it to this little collective we call a nation who are trying to get through the world together.”
    This sudden bout of patriotism sounds odd coming from a guy who witnessed complete governmental breakdown in New Orleans and went to Venezuela with revolution on his mind, but Darby says that it was those very experiences that added to his shift. “I think I began to see things very differently as a result of my experiences around Hurricane Katrina and the aftermath and my experiences as a person of leadership in a large organization. I saw the absolute importance and the absolute negative effect that happens to individuals or groups whenever there’s no stability in a system,” he explains. “I began to feel that we as a radical, radical left, because of the way we pseudo-governed, I started to feel like we were a little silly, critiquing the U.S. government, when we had so many faults of our own.”
    Soul on Fire
    Some people who worked with him are frankly suspicious that Darby’s acknowledged collaboration with the FBI hints of something much larger and more sinister. Some Austin activists have formed the Austin Informant Working Group; currently focused on the McKay and Crowder cases, they are also considering the wider implications. The term “Green Scare” (by analogy to earlier anti-communist “Red Scares”) refers to the federal government’s growing interest in prosecuting environmental activist groups, particularly the Earth Liberation Front and Animal Liberation Front. Austin Informant Working Group member Simon Evans points to a report by former University of Texas law student Elizabeth Wag­goner, who said that FBI agent Charles Rasner announced to her class that Food Not Bombs and Austin Indymedia were on the bureau’s terror watch list. “It doesn’t seem unreasonable to question,” says Evans, “whether or not something larger is at play here.”
    “They’re going after me and Scott and other organizers, but they nabbed the low-hanging fruit,” said Fithian, who was also involved in the RNC protests in Minnesota. Fithian was not surprised at the news that Darby was an informant. “I always said at Common Ground: If he was not a cop or an agent of the state, he was doing their job for them, creating division and disrupting our work.”
    Crow initially came to Darby’s defense, posting a strenuous denial, when a story in the St. Paul Pioneer Press first fingered him as an informant, based on FBI documents. “It was more about defending the truth than it was about defending Brandon as a person,” says Crow. “When I asked him, he told me it wasn’t him, and I believed him. I’ve had to apologize to people like Lisa, because I gave him credibility with my initial statements. I just wanted to make sure he wasn’t being maligned. Now, I didn’t defend his misogyny or his antagonism; I defended him based on what he told me. It’s still heartbreaking, you know.” Darby eventually wrote an open letter coming out as an informant, but Crow first learned the truth by reading FBI documents furnished to him by McKay’s defense team. Crow was hurt by the news, as this wasn’t the first time he had found himself defending Darby.
    “A lot of women had been hurt by this man, and a lot of men had defended him over the years, and it’s not OK,” says Fithian. “That’s a whole part of the healing process that we are going to have to deal with as a community.” This sentiment was echoed by other sources who spoke of a particular romantic relationship in Darby’s past that they describe as emotionally abusive and Darby as paranoid, jealous, and possessive. “I was a total asshole in my early 20s,” Darby admits freely. “My entire adult life has been a process of trying to be less of an asshole. What on earth my penis has to do with this case, I have no idea.”
    Regarding Darby’s obsessive and paranoid nature, Crow says that sometimes Darby would call him 30 times a day. “I’m not a psychologist, but I would definitely say that guy’s paranoid. I mean, he sleeps with guns under his pillow. This is not something I have been told; this is something I have seen. The guy has a cache of weapons.” This depiction from Crow, who legally owns an AK-47, pisses Darby off. “I have legal firearms that I have a right to own,” he says, “and I live out in the country, and I think it’s OK. And I did have a gun in New Orleans, and as a citizen I have a right to do that.”
    Sometimes, when Darby speaks of his old friend Crow, there’s a catch in his voice – as when he says that they were close, once, but that Crow hasn’t accepted his recent invitation to his home nor met his daughter. “I will always have a bond with him because of what we went through together, and no evil or anything that he would perceive as bad would come from my hand toward that person,” he says, sounding sincere. Yet the documents reflect that during 2007, Darby secretly informed on Crow’s whereabouts and actions. His defense is that he reported what he saw. “Wouldn’t it be more frightening,” he asks, “if the person in my position picked and chose what truth they told rather than say the facts?”
    “Even though I was a shield for him in a lot of ways,” Crow now argues, “he really was marginalized in our community. A lot of people wouldn’t work with him on stuff, and even I didn’t have anything to do with him for a year before Common Ground, because he would start getting paranoid and do divisive things, like tell everyone that Lisa was out to get him, for example. For one period in New Orleans, he started to get King to think that Lisa and I were colluding against him – and I took Brandon’s calls more than anybody would. I counseled that guy many times and actually considered it more of a mentorship than a friendship. That guy asked me a lot of questions. And now of course, it all makes sense.”
    So when he had his personal epiphany, why didn’t Darby reach out to other activists and tell them about his change in world-view – rather than begin spying on them? “If I felt like the best thing I could have done to right my wrongs was to come out and say how I felt, I would have done so. I just didn’t feel like it was. I felt like I would be completely marginalized and nobody would want to hear my opinions.” Darby uses the controversial civil rights leader and Black Panther turned Republican born-again Christian Eldridge Cleaver as an example. “He wrote a book called Soul on Ice, and it sold a million copies and is touted at all the anarchist bookstores. Most people in radical communities have heard of it. Then, if you say to an auditorium, ‘Have you ever heard of a book called Soul on Fire?’ No. That’s when Eldridge Cleaver became a born-again Christian and changed his views and recanted much of what he had earlier believed. They don’t promote it. Just like the school board: They promote a version of history that isn’t historically accurate.” Like a petulant teenager whose parents just don’t get him, Darby adds: “Nobody lets you voice your opinions. Nobody cares. Nobody wants to hear it.”
    Pissed Off and Pissed On
    Fithian says she was wary of Darby’s presence in Minnesota last September. “Nothing about Brandon going to the RNC made any sense to me, and I spoke out about it, and I warned people. When he came to meetings, I actually asked, ‘What the fuck is he doing here?'” She says she pulled him aside and asked him to leave communication meetings where strategic details of actions are worked out. “He said he was there to do medical, but instead he was at all the meetings, all the comms. When he stood up at a spokes meeting [i.e., organized like ‘spokes’ on a wheel], I told him he needed to leave.”
    Gabby Hicks, a 21-year-old activist who traveled in the van with Darby, McKay, Crowder, and others, said that the Darby in the open letter – who sounds like a thoughtful guy opposed to violence – is very different from the argumentative and nonsensical Darby she met. Once, on the drive up, Darby became agitated because he needed to go to the bathroom. “He at one point threatened a driver of the van, because the person didn’t pull over fast enough, and Brandon was literally yelling, ‘I’m a 31-year-old revolutionary, and you can’t tell me when I can or can’t pee!'” Hicks laughed. “Once we pulled over, they were still fighting, and someone asked if they needed mediation. Brandon was like, ‘I can put it behind us if we can all act like adults.’ He turned the whole thing around and acted like we were the ones who had freaked out. That was his tactic. It was just weird.”
    At the heart of the Darby story remain those two young men from Midland, Texas, Bradley Crowder and David McKay, who are currently facing years in federal prison based in no small part on information that Darby gave to the FBI. Though there are no legal restrictions preventing Darby from commenting on the case, he says he declines to do so out of “respect for the bureau.” Darby is a decade older than either defendant and, as far as direct action is concerned, much more experienced. So why didn’t he simply try to talk these guys out of doing something stupid or criminal instead of turning them over to the feds?
    “Why didn’t I try to discourage them? You don’t know that I did or didn’t,” Darby insists. “For all you know, I could have gotten in trouble for violating the rules and trying to discourage somebody from doing something. I’m just saying you don’t know what the facts are yet.”
    Indeed we don’t, says Evans of the Austin Informant Working Group. “There is still the issue of entrapment: I want to be clear that we may never know Brandon Darby’s full role or motivations in this incident, as these details are omitted from the FBI documents and informant reports provided to the defense. But something I keep coming back to is: What would I have done in the same position? I consider myself a moral and ethical person; I believe in nonviolence; I’m an ‘anarchist.’ What I would have done is talk to anyone thinking of illegal action, weigh in with my experience, point out the potential consequence, and dissuade that person. If that didn’t work, I would have prevented them from purchasing the materials or going on the action. I feel that a strong community can educate and police itself.”
    Darby rejects the depiction of McKay and Crowder as kids easily influenced by an older activist. “If these two ‘kids’ had been stopped in the midst of a plot to bomb an abortion clinic, all these same people would be like: ‘Why wasn’t the government watching these people? Why weren’t they involved?'” he says, exasperated. “The guys who dragged James Byrd to death were the same age as these two, and they weren’t kids; they were monsters.” (Actually, two of the perpetrators in Byrd’s 1998 murder in Texas were 24; the third was 32.) In any case, Darby is sticking to his story. “In regards to this case, there’s no evidence that shows that I assumed a leadership role, and I didn’t,” he says. “I didn’t encourage anybody to do anything, and if you think that I should have done everything I could have to talk these guys out it, you’re not going to be let down [as the trial proceeds] a month from now.”
    Good Career Move
    Whatever his current motivations, Darby acknowledges his past mistakes. “When I was younger, I identified as a revolutionary, and I believed that many people around the world had a right to take up arms against oppression,” he says. “But I mistakenly felt that our system was one where that would be appropriate.” Then why does he feel that he deserved the benefit of maturity and hindsight, when McKay and Crowder deserve multiple years in the pen? How does he justify robbing them of their chance to go through their own maturing process and personal evolution of political ideology? “Because I didn’t actually do any of it,” he says. “Because I always had enough sense to know that I didn’t have the wisdom to make decisions that endanger people’s lives.”
    Darby does say that McKay and Crowder were not the focal point of the investigation. In the course of an ideological shift that took him from armed revolutionary to FBI mole, Darby says he began to see major problems with certain actions that were being planned for the Republican National Convention – particularly by the black bloc and a group of organizers calling themselves the Welcoming Committee. “Anytime that a group of people get together and say that they are going to use ‘any means necessary’ and have images of firebombs and all kinds of other things on their website and they organize around the country, not to protest but to specifically prevent another group of American citizens to exercise their right to assemble, the U.S. government is going to get involved,” he says. “And they should get involved, and I support it wholeheartedly.”
    Crowder and McKay, he suggests, were just in the wrong place at the wrong time, adding, “Then, if at the very end of an investigation like that, as a complete shock to everybody, a group of people decide to do something that’s insane, they’re going to get in trouble for it.”
    None of this fully explains why Darby chose to go undercover as an FBI informant and surreptitiously spy on his friends when he could have instead simply left the movement and tried to get involved in public policy in some other productive way. “I’ve watched countless activists begin to work in the Legislature and begin to do things that participate in the system; we have a system that is wide open for our involvement,” he said. “You can get involved and have a say so; if you disagree with the way our city is run, you can get involved. If you have an ideological bent that’s on social justice, you can become a law enforcement officer, you can get involved with the FBI, or a lawyer.”
    Darby says he was indeed compensated at times for his work with the feds, although he’s vague on the details except to say he turned down witness protection and a lump sum offered to people who testify in federal cases. He does say he is able to be independent because he has some money from his family. Darby sees his current role with the FBI as something akin to a “volunteer firefighter” and believes it to be a natural extension of his desire to do what’s right, no matter how uncomfortable. Yet with his decision to go undercover instead of any other of the myriad choices he had to change the direction of his life, Darby has effectively reinforced the notions that many in the activist community already had: that the Man is always out to get you, and you just can’t trust anyone.
    Activist, adventurer, hero, revolutionary, informant. For his next transformation, Darby sees a future for himself in law enforcement. His first gig was surely a foot in the door.

    BY DIANA WELCH, FRI., JAN. 23, 2009

    Find this story at 23 January 2009

    COPYRIGHT © 1981-2014 Austin Chronicle Corp.

    The mentality of J Edgar Hoover’s FBI undergirds today’s surveillance state (2014)

    People forget that the FBI is the NSA’s primary partner in domestic spying, which allows them to work in secret

    FBI director nominee James Comey oversees a growing part of the US surveillance state. Photograph: Gary Cameron/Reuters
    The new documentary 1971, about the formerly anonymous FBI burglars who exposed the crimes of former FBI director J. Edgar Hoover, debuted to a rapt audience at the Tribeca film festival last night. As the filmmakers noted in an interview with the AP, the parallels between Nixon-era FBI whistleblowers and Edward Snowden’s NSA revelations are almost eerie in their similarity.

    But while the NSA connection seems obvious, the movie will actually shed light on the domestic intelligence agency with far more power over ordinary Americans: the modern FBI.

    Everyone seems to forget that the FBI is the NSA’s primary partner in the latter’s domestic spying operations and that, in fact, the NSA’s job would be impossible without them. Whenever you see a company deny giving any data to the NSA remember: It’s because it’s not the NSA asking (or demanding) the information of them, it’s the FBI. They use the same Patriot Act authorities that the NSA does, and yet we have almost no idea what they do with it.

    In fact, the FBI has gone to extreme lengths to just keep their surveillance methods a secret from the public, just like the NSA. And the more we learn, the scarier it gets.

    On Monday, the EFF revealed through its Freedom of Information Act lawsuit that the FBI’s “next generation” facial recognition program will have as many as 52m photographs in it next year – including millions that were taken for “non-criminal purposes.” It’s massive biometric database already “may hold records on as much as one third of the U.S. population,” EFF found.

    Lavabit, the email provider once allegedly used by Edward Snowden, also lost an appeal this week, leaving its founder Ladar Levinson in contempt of court for failing to hand over Lavabit’s encryption keys to the FBI that would have exposed all 400,000 users of Lavabit. The court failed to rule on the larger issue – leaving the door open for the FBI to try it again.

    And we know they want to. Foreign Policy’s Shane Harris reported last year, the FBI “carries out its own signals intelligence operations and is trying to collect huge amounts of email and Internet data from U.S. companies – an operation that the NSA once conducted, was reprimanded for, and says it abandoned.” The FBI’s activities include trying to convince “telecom carriers and Internet service providers to install [port readers] on their networks so that the government can collect large volumes of data about emails and Internet traffic.”

    We also know they routinely get cell phone location information without a warrant. (If you want to see how your cell phone location information reveals almost every detail of your life, watch this amazing ACLU video.) We also know they’re using Stingray devices, which are fake cell phone towers that vacuum up all cell phone activity in a particular area.

    We know that the FBI is still issuing thousands of oversight-free National Security Letters a year, despite multiple government reports detailing systematic abuse, and a federal court ruling that they are unconstitutional last year. (The ruling was put on hold pending appeal.)

    The FBI has pushed Congress and the White House – and reportedly quietly lobbied the tech companies – to support a dangerous overhaul to wiretapping laws that would require Internet companies like Google and Facebook to create a backdoor into their services, giving the FBI direct access if they get the requisite legal authorities. And, at the same time, the FBI also wants to be able to expand their ability to hack suspects’ computers.

    (At least some judges have been pushing back, noting that the trove of information that the FBI can get from hacking suspects is often far beyond what the agency’s investigation requires.)

    Worse, Wired discovered FBI training materials in 2012 that told agents they had the “ability to bend or suspend the law and impinge on freedoms of others,” in national security cases. The materials were quickly withdrawn when they became public.

    All of this leads to why a comprehensive report released by ACLU late in 2013 called the FBI a “secret domestic intelligence agency” that “regularly overstepped the law, infringing on Americans’ constitutional rights while overzealously pursuing its domestic security mission.”

    After watching 1971, or reading Betty Medsger’s corresponding book The Burglary, it should be a scandal to everyone that the FBI building is still named after J. Edgar Hoover. Unfortunately, his ghost also still seems to permeate in much of what they do.

    Trevor Timm
    theguardian.com, Saturday 19 April 2014 15.00 BST

    Find this story at 19 April 2014

    © 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    “The Convert” Update (2012)

    This week’s episode, “The Convert,” was about FBI informant Craig Monteilh, who went undercover in southern California’s Muslim community to try to find people who were recruiting and training terrorists. Craig’s operation, which took place in 2006 and 2007, was called Operation Flex.

    On Tuesday, a federal judge dismissed a lawsuit that was filed against the FBI as a result of Operation Flex. Several people Craig spied on — including Yasser AbdelRahim, who was featured in our episode — sued the Bureau, claiming it had violated their first amendment rights during Operation Flex by targeting them because of their religious beliefs, and that they’d been subjected to searches and monitoring without a warrant.

    In response, the government asserted the state secrets privilege, arguing that the suit shouldn’t be allowed to move forward because it would force the FBI to reveal classified information and would put national security at risk.

    U.S. District Judge Cormac Carney sided with the government. After reviewing confidential statements from top FBI officials, Carney wrote in his decision that allowing the suit to proceed could “significantly compromise national security.”

    It was a difficult decision, according to Carney. He compared himself to an ancient Greek hero:

    In struggling with this conflict, the Court is reminded of the classic dilemma of Odysseus, who faced the challenge of navigating his ship through a dangerous passage, flanked by a voracious six-headed monster, on the one side, and a deadly whirlpool, on the other. Odysseus opted to pass by the monster and risk a few of his individual sailors, rather than hazard the loss of his entire ship to the sucking whirlpool. Similarly, the proper application of the state secrets privilege may unfortunately mean the sacrifice of individual liberties for the sake of national security.

    We reached out to the American Civil Liberties Union, the ACLU, and the Council on American Islamic Relations, CAIR, who are representing the people Craig spied on. Peter Bibring, an attorney at the ACLU, sent us this statement:

    As troubling as we find the implications that it might be okay to feed the Muslim community to a monster, it’s a mistake to think that closing courts to claims of religious discrimination in the name of national security affects only the few who bring those cases. The government that refuses to let courts determine whether it has violated our most basic Constitutional values because the whole matter is supposedly secret steers our nation into much more dangerous waters. It’s wrongheaded, in the name of defending freedom, to give up its hallmarks, including the basic balance of powers our founders so carefully set.

    The judge’s dismissal means that the case against the FBI cannot move forward. But the plaintiffs are also suing individual FBI agents who were involved in Operation Flex, and Carney did allow certain charges against them to stand. Bibring said the ACLU and CAIR plan to appeal the judge’s decision.

    AUG 16, 2012

    Find this story at 16 August 2012

    Find the radio show at 10 August 2012

    © 1995 – 2014
    Chicago Public Media & Ira Glass

    The ex-FBI informant with a change of heart: ‘There is no real hunt. It’s fixed’

    Craig Monteilh describes how he pretended to be a radical Muslim in order to root out potential threats, shining a light on some of the bureau’s more ethically murky practices

    Craig Monteilh says he did not balk when his FBI handlers gave him the OK to have sex with the Muslim women his undercover operation was targeting. Nor, at the time, did he shy away from recording their pillow talk.

    “They said, if it would enhance the intelligence, go ahead and have sex. So I did,” Monteilh told the Guardian as he described his year as a confidential FBI informant sent on a secret mission to infiltrate southern Californian mosques.

    It is an astonishing admission that goes to the heart of the intelligence surveillance of Muslim communities in America in the years after 9/11. While police and FBI leaders have insisted they are acting to defend America from a terrorist attack, civil liberties groups have insisted they have repeatedly gone too far and treated an entire religious group as suspicious.

    Monteilh was involved in one of the most controversial tactics: the use of “confidential informants” in so-called entrapment cases. This is when suspects carry out or plot fake terrorist “attacks” at the request or under the close supervision of an FBI undercover operation using secret informants. Often those informants have serious criminal records or are supplied with a financial motivation to net suspects.

    In the case of the Newburgh Four – where four men were convicted for a fake terror attack on Jewish targets in the Bronx – a confidential informant offered $250,000, a free holiday and a car to one suspect for help with the attack.

    In the case of the Fort Dix Five, which involved a fake plan to attack a New Jersey military base, one informant’s criminal past included attempted murder, while another admitted in court at least two of the suspects later jailed for life had not known of any plot.

    Such actions have led Muslim civil rights groups to wonder if their communities are being unfairly targeted in a spying game that is rigged against them. Monteilh says that is exactly what happens. “The way the FBI conducts their operations, It is all about entrapment … I know the game, I know the dynamics of it. It’s such a joke, a real joke. There is no real hunt. It’s fixed,” he said.

    But Monteilh has regrets now about his involvement in a scheme called Operation Flex. Sitting in the kitchen of his modest home in Irvine, near Los Angeles, Monteilh said the FBI should publicly apologise for his fruitless quest to root out Islamic radicals in Orange County, though he does not hold out much hope that will happen. “They don’t have the humility to admit a mistake,” he said.

    Monteilh’s story sounds like something out of a pulp thriller. Under the supervision of two FBI agents the muscle-bound fitness instructor created a fictitious French-Syrian alter ego, called Farouk Aziz. In this disguise in 2006 Monteilh started hanging around mosques in Orange County – the long stretch of suburbia south of LA – and pretended to convert to Islam.

    He was tasked with befriending Muslims and blanket recording their conversations. All this information was then fed back to the FBI who told Monteilh to act like a radical himself to lure out Islamist sympathizers.

    Yet, far from succeeding, Monteilh eventually so unnerved Orange County’s Muslim community that that they got a restraining order against him. In an ironic twist, they also reported Monteilh to the FBI: unaware he was in fact working undercover for the agency.

    Monteilh does not look like a spy. He is massively well built, but soft-spoken and friendly. He is 49 but looks younger. He lives in a small rented home in Irvine that blends into the suburban sprawl of southern California. Yet Monteilh knows the spying game intimately well.

    By his own account Monteilh got into undercover work after meeting a group of off-duty cops working out in a gym. Monteilh told them he had spent time in prison in Chino, serving time for passing fraudulent checks.

    It is a criminal past he explains by saying he was traumatised by a nasty divorce. “It was a bad time in my life,” he said. He and the cops got to talking about the criminals Monteilh had met while in Chino. The information was so useful that Monteilh says he began to work on undercover drug and organised crime cases.

    Eventually he asked to work on counter-terrorism and was passed on to two FBI handlers, called Kevin Armstrong and Paul Allen. These two agents had a mission and an alias ready-made for him.

    Posing as Farouk Aziz he would infiltrate local mosques and Islamic groups around Orange County. “Paul Allen said: ‘Craig, you are going to be our computer worm. Our guy that gives us the real pulse of the Muslim community in America’,” Monteilh said.

    The operation began simply enough. Monteilh started hanging out at mosques, posing as Aziz, and explaining he wanted to learn more about religion. In July, 2006, at the Islamic Center of Irvine, he converted to Islam.

    Monteilh also began attending other mosques, including the Orange County Islamic Foundation. Monteilh began circulating endlessly from mosque to mosque, spending long days in prayer or reading books or just hanging out in order to get as many people as possible to talk to him.

    “Slowly I began to wear the robes, the hat, the scarf and they saw me slowly transform and growing a beard. At that point, about three or four months later, [my FBI handlers] said: ‘OK, now start to ask questions’.”

    Those questions were aimed at rooting out radicals. Monteilh would talk of his curiosity over the concepts of jihad and what Muslims should do about injustices in the world, especially where it pertained to American foreign policy.

    He talked of access to weapons, a possible desire to be a martyr and inquired after like-minded souls. It was all aimed at trapping people in condemning statements. “The skill is that I am going to get you to say something. I am cornering you to say “jihad”,” he said.

    Of course, the chats were recorded.

    In scenes out of a James Bond movie, Monteilh said he sometimes wore a secret video recorder sewn into his shirt. At other times he activated an audio recorder on his key rings.

    Monteilh left his keys in offices and rooms in the mosques that he attended in the hope of recording conversations that took place when he was not there. He did it so often that he earned a reputation with other worshippers for being careless with his keys. The recordings were passed back to his FBI handlers at least once a week.

    He also met with them every two months at a hotel room in nearby Anaheim for a more intense debriefing. Monteilh says he was grilled on specific individuals and asked to view charts showing networks of relationships among Orange County’s Muslim population.

    He said the FBI had two basic aims. Firstly, they aimed to uncover potential militants. Secondly, they could also use any information Monteilh discovered – like an affair or someone being gay – to turn targeted people into becoming FBI informants themselves.

    None of it seemed to unnerve his FBI bosses, not even when he carried out a suggestion to begin seducing Muslim women and recording them.

    At one hotel meeting, agent Kevin Armstrong explained the FBI attitude towards the immense breadth of Operation Flex – and any concerns over civil rights – by saying simply: “Kevin is God.”

    Monteilh’s own attitude evolved into something very similar. “I was untouchable. I am a felon, I am on probation and the police cannot arrest me. How empowering is that? It is very empowering. You began to have a certain arrogance about it. It is almost taunting. They told me: ‘You are an untouchable’,” he said.

    But it was not always easy. “I started at 4am. I ended at 9.30pm. Really, it was a lot of work … Farouk took over. Craig did not exist,” he said. But it was also well paid: at the peak of Operation Flex, Monteilh was earning more than $11,000 a month.

    But he was wrong about being untouchable.

    Far from uncovering radical terror networks, Monteilh ended up traumatising the community he was sent into. Instead of embracing calls for jihad or his questions about suicide bombers or his claims to have access to weapons, Monteilh was instead reported to the FBI as a potentially dangerous extremist.

    A restraining order was also taken out against him in June 2007, asking him to stay away from the Islamic Center of Irvine. Operation Flex was a bust and Monteilh had to kill off his life as Farouk Aziz.

    But the story did not end there. In circumstances that remain murky Monteilh then sued the FBI over his treatment, claiming that they abandoned him once the operation was over.

    He also ended up in jail after Irvine police prosecuted him for defrauding two women, including a former girlfriend, as part of an illegal trade in human growth hormone at fitness clubs. (Monteilh claims those actions were carried out as part of another secret string operation for which he was forced to carry the can.)

    What is not in doubt is that Monteilh’s identity later became public. In 2009 the FBI brought a case against Ahmad Niazi, an Afghan immigrant in Orange County.

    The evidence included secret recordings and even calling Osama bin Laden “an angel”. That was Monteilh’s work and he outed himself to the press to the shock of the very Muslims he had been spying on who now realised that Farouk Aziz – the radical they had reported to the FBI two years earlier – had in fact been an undercover FBI operative.

    Now Monteilh says he set Niazi up and the FBI was trying to blackmail the Afghani into being an informant. “I built the whole relationship with Niazi. Through my coercion we talked about jihad a lot,” he said. The FBI’s charges against Niazi were indeed later dropped.

    Now Monteilh has joined an American Civil Liberties Union lawsuit against the FBI. Amazingly, after first befriending Muslim leaders in Orange County as Farouk Aziz, then betraying them as Craig Monteilh, he has now joined forces with them again to campaign for their civil liberties.

    That has now put Monteilh’s testimony about his year undercover is at the heart of a fresh legal effort to prove that the FBI operation in Orange County unfairly targeted a vulnerable Muslim community, trampling on civil rights in the name of national security.

    The FBI did not respond to a request from the Guardian for comment.

    It is not the first time Monteilh has shifted his stance. In the ACLU case Monteilh is now posing as the sorrowful informant who saw the error of his ways.

    But in previous court papers filed against the Irvine Police and the FBI, Monteilh’s lawyers portrayed him as the loyal intelligence asset who did sterling work tackling the forces of Islamic radicalism and was let down by his superiors.

    In those papers Monteilh complained that FBI agents did not act speedily enough on a tip he gave them about a possible sighting of bomb-making materials. Now Monteilh says that tip was not credible.

    Either way it does add up to a story that shifts with the telling. But that fact alone goes to the heart of the FBI’s use of such confidential informants in investigating Muslim communities.

    FBI operatives with profiles similar to Monteilh’s – of a lengthy criminal record, desire for cash and a flexibility with the truth – have led to high profile cases of alleged entrapment that have shocked civil rights groups across America.

    In most cases the informants have won their prosecutions and simply disappeared. Monteilh is the only one speaking out. But whatever the reality of his year undercover, Monteilh is almost certainly right about one impact of Operation Flex and the exposure of his undercover activities: “Because of this the Muslim community will never trust the FBI again.”

    Paul Harris contributor jan 2013
    Paul Harris in Irvine, California
    theguardian.com, Tuesday 20 March 2012 16.50 GMT

    Find this story at 20 March 2012

    © 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    FBI informant scares Muslim suspects so much with his talk of violent jihad that they report HIM to authorities (2010)

    An FBI informer sent to infiltrate a California mosque was made the subject of a restraining order after scaring Muslim worshippers with demands for holy war.
    Craig Monteilh was known to members of the Irvine Islamic Center as Farouk al-Aziz, an apparently devout and at times over-zealous Muslim.
    But when he began speaking of jihad and plans to blow up buildings, senior figures at the mosque reported him the FBI – the very people who sent him.
    Informant: FBI operative Craig Monteilh was sent to spy on Muslims but was thrown out and reported to his handlers for extremist beahviour
    Informant: FBI operative Craig Monteilh was sent to spy on Muslims but was thrown out and reported to his handlers for extremist beahviour
    Now the FBI is facing criticism for its use of such stooges which have backfired in a number of cases.
    The law enforcement agency’s problems have been confounded after Monteilh, a petty criminal with forgery convictions, went public with claims he received $177,000 tax free in 15 months for his work.

    Shakeel Syed, of the Islamic Shura Council of Southern California which represents more than 75 mosques told the Washington Post: ‘The community feels betrayed.
    ‘They got a guy, a bona fide criminal, and obviously trained him and sent him to infiltrate mosques.
    ‘And when things went sour, they ditched him and he got mad. It’s like a soap opera, for God’s sake.’
    The emergence of details of the FBI’s attempted infiltration comes after an Oregan man was arrested for planning to bomb a Christmas tree lighting ceremony.
    An explosive device he was discovered in possession of had been supplied to him by an undercover FBI agent and was made by FBI technicians in a case of apparent entrapment.
    Sacred: The informant was send to the mosque to secretly record conversations (file picture)
    Sacred: The informant was send to the mosque to secretly record conversations (file picture)
    The FBI defended its tactics, claiming such operations had prevented further terrorist atrocities in the wake of 9/11.
    Steven Martinez, assistant director in charge of the FBI’s Los Angeles field office, said that in certain circumstances, if there is evidence of a crime, FBI agents may ‘conduct an activity that might somehow involve surveillance in and about a mosque.’
    He added: ‘I know there’s a lot of suspicion that that’s the focus, that we’re looking at the mosques, monitoring who is coming and going. That’s just not the case.’
    Monteilh claims he was already working for the FBI when he was approached about infiltrating mosques and was told ‘Islam is a threat to our national security’.
    He agreed and became Farouk al-Aziz, code name Oracle, a French Syrian in search of his Islamic roots.
    He was trained by the FBI and claims he was told to infiltrate mosques in Orange County and two other counties.
    Worshippers said that in Monteilh’s 10 months at the mosque, he became almost manic in his devotion, attending prayers five times a day but he was secretly recording conversations.
    However, when he began to tell Muslims he had access to weapons they became convinced he was a terrorist and ironically reported the informant to the FBI.

    UPDATED: 22:42 GMT, 6 December 2010

    Find this story at 6 December 2010

    © Associated Newspapers Ltd

    Tension grows between Calif. Muslims, FBI after informant infiltrates mosque (2010)

    IRVINE, CALIF. – Before the sun rose, the informant donned a white Islamic robe. A tiny camera was sewn into a button, and a microphone was buried in a device attached to his keys.

    “This is Farouk al-Aziz, code name Oracle,” he said into the keys as he sat in his parked car in this quiet community south of Los Angeles. “It’s November 13th, 4:30 a.m. And we’re hot.”

    The undercover FBI informant – a convicted forger named Craig Monteilh – then drove off for 5 a.m. prayers at the Islamic Center of Irvine, where he says he spied on dozens of worshipers in a quest for potential terrorists.

    Since the 2001 terrorist attacks, the FBI has used informants successfully as one of many tactics to prevent another strike in the United States. Agency officials say they are careful not to violate civil liberties and do not target Muslims.

    But the FBI’s approach has come under fire from some Muslims, criticism that surfaced again late last month after agents arrested an Oregon man they said tried to detonate a bomb at a Christmas tree-lighting ceremony. FBI technicians had supplied the device.

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

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

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

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

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

    Citing Monteilh’s actions and what they call a pattern of FBI surveillance, many leading national Muslim organizations have virtually suspended contact with the bureau.

    “The community feels betrayed,” said Shakeel Syed, executive director of the Islamic Shura Council of Southern California, an umbrella group of more than 75 mosques.

    “They got a guy, a bona fide criminal, and obviously trained him and sent him to infiltrate mosques,” Syed said. “And when things went sour, they ditched him and he got mad. It’s like a soap opera, for God’s sake.”

    FBI and Justice Department officials say that the Monteilh case is not representative of their relations with the Muslim community and that they continue to work closely with Muslims in investigating violence and other hate crimes against them. Officials also credit U.S. Muslims with reporting critical information in a variety of counterterrorism cases.

    The bureau “relies on the support, cooperation and trust of the communities it serves and protects,” FBI spokesman Michael Kortan said, adding that agents conduct investigations “under well-defined investigative guidelines and the law, and in close coordination with the Department of Justice.”

    Officials said they have gone to great lengths to maintain good relationships with Muslims, including meetings hosted by Attorney General Eric H. Holder Jr. Last week, FBI officials met to discuss law enforcement and other issues with predominantly Muslim Somali community members in San Diego and Minneapolis.

    Steven Martinez, assistant director in charge of the FBI’s Los Angeles field office, declined to comment on Monteilh, citing Monteilh’s lawsuit. He said that in certain circumstances, if there is evidence of a crime, FBI agents may “conduct an activity that might somehow involve surveillance in and about a mosque.”

    But he said the agency does not target people based on religion or ethnicity.

    “I know there’s a lot of suspicion that that’s the focus, that we’re looking at the mosques, monitoring who is coming and going. That’s just not the case,” he said.

    The ‘chameleon’
    Monteilh’s career as an informant began in 2003. Like many other informants, he was familiar with the inside of a prison cell. He had just finished a sentence for forging bank notes when local police officers he met at a gym asked him to infiltrate drug gangs and white supremacist groups for a federal-state task force.

    “It was very exciting,” Monteilh said in an interview with The Washington Post. “I had the ability to be a chameleon.”

    Monteilh, who stands over 6 feet tall and weighs 260 pounds, had worked as a prison chaplain before he was incarcerated. Married with three children, the Los Angeles native said that after he became an informant, an FBI agent on the task force sought him out. Law enforcement sources, who spoke on the condition of anonymity because they were not authorized to speak publicly about informants, said Monteilh was promoted from drug and bank robbery cases because his information was reliable and had led to convictions.

    In early 2006, Monteilh said, he met with his FBI handler at a Starbucks.

    “She asked if I wanted to infiltrate mosques,” he said. At a follow-up session at a doughnut shop, he said, his new handler told him that “Islam is a threat to our national security.”

    Law enforcement sources said that the FBI trained Monteilh and that he aided an existing investigation. Monteilh, however, said he was ordered to randomly surveil and spy on Muslims to ferret out potential terrorists. Agents, he said, provided his cover: Farouk al-Aziz, a French Syrian in search of his Islamic roots. His code name was “Oracle.”

    Monteilh said he was instructed to infiltrate mosques throughout Orange and two neighboring counties in Southern California, where the Muslim population of nearly 500,000 is the nation’s largest. He was told to target the Islamic Center of Irvine, he said, because it was near his home.

    FBI tactics were already a sensitive issue at the Irvine mosque, a stucco, two-story building that draws as many as 2,000 people for Friday prayers. With tensions rising between law enforcement and Muslims over allegations of FBI surveillance, J. Stephen Tidwell, then head of the FBI’s Los Angeles office, spoke at the mosque in June 2006.

    “If we’re going to mosques to come to services, we will tell you,” he said, according to a video of his speech. “. . . The FBI will tell you we’re coming for the very reason that we don’t want you to think you’re being monitored. We would come only to learn.”

    Two months later, in August 2006, Monteilh arrived at the same mosque. He had called earlier and met with the imam. That Friday, he took shahada, the Muslim declaration of faith, before hundreds of worshipers.

    Worshipers said that in Monteilh’s 10 months at the mosque, he became almost manic in his devotion, attending prayers five times a day and waiting in the parking lot before the 5 a.m. prayer. Monteilh said he was told by the FBI to take notes on who opened the mosque each day.

    Worshipers said his Western clothes gave way to an Islamic robe, a white skullcap and sandals, an outfit Monteilh said was chosen by his handlers. As he grew closer to Muslims, he said, the FBI told him to date Muslim women if it gained him intelligence.

    Worshipers noticed that Monteilh often left his keys around the mosque, said Hussam Ayloush, executive director of the Los Angeles chapter of the Council on American-Islamic Relations, who speaks often at the mosque.

    “It seemed strange to people,” Ayloush said.

    Inside the car remote on the bundle of keys was a microphone that recorded Muslims at the mosque, in their homes and at a local gym. Monteilh, who told people he was a fitness trainer, used the gym to seek out Muslim men.

    “We started hearing that he was saying weird things,” said Omar Kurdi, a Loyola Law School student who knew Monteilh from the mosque and gym. “He would walk up to one of my friends and say, ‘It’s good that you guys are getting ready for the jihad.”

    Worshipers said Monteilh gravitated to Ahmadullah Sais Niazi, an Afghan-born Arabic-language instructor who was a regular at Friday prayers.

    In May 2007, Monteilh said he recorded a conversation about jihad during a car ride with Niazi and another man. Monteilh said he suggested an operation to blow up buildings and Niazi agreed. An FBI agent later cited that and other taped conversations between the two in court as evidence that Niazi was a threat.

    A few days later, Ayloush got an anguished phone call from Niazi and the other man in the car.

    “They said Farouk had told them he had access to weapons and that they should blow up a mall,” Ayloush recalled. “They were convinced this man was a terrorist.”

    Ayloush reported the FBI’s own informant to the FBI. He said agents interviewed Niazi, who gave them the same account, but the agency took no action against Monteilh.

    Still, Monteilh’s mission was collapsing. Members of the mosque told its leaders that they were afraid of Monteilh and that he was “trying to entrap them into a mission,” according to Asim Khan, the former mosque president. The mosque went to Orange County Superior Court in June 2007 and obtained a restraining order against Monteilh, court records show.

    Soon afterward, Monteilh said FBI agents “told me they wanted to cut me loose.” After he vowed to go public, he said, he met with three agents at the Anaheim Hilton, where an FBI supervisor threatened him with arrest.

    “She said, ‘If you reveal your informant status to the media, it will destroy the Muslim community’s relationship with the FBI forever.” Monteilh said.

    The FBI declined to comment on Monteilh’s allegation.

    At a subsequent meeting, Monteilh said, he signed a non-disclosure agreement in exchange for $25,000 in cash. An FBI letter to Monteilh’s attorney, on file in U.S. District Court in Santa Ana, says Monteilh signed the non-disclosure agreement in October 2007.

    But Monteilh was arrested in December 2007 on a grand-theft charge and ended up back in jail for 16 months. In January, he sued the FBI, alleging that the bureau and Irvine police conspired to have him arrested, then allowed his informant status to become known in prison, where he was stabbed.

    The FBI and police have denied the allegations, and the lawsuit was dismissed on jurisdictional grounds. But the judge allowed Monteilh to file an amended complaint, with similar allegations, in September. The case is pending.

    A case unravels
    In the meantime, the case against Niazi unfolded. He was indicted in February 2009 by a federal grand jury on charges of lying about his ties to terrorists on immigration documents. In court, prosecutors said that jihadist materials were found on Niazi’s computer and that he had wired money to an alleged al-Qaeda financier. Prosecutors said he is the brother-in-law of Osama bin Laden’s security coordinator. Much of the evidence was FBI testimony about Niazi’s recorded conversations with an FBI informant, who sources say was Monteilh.

    “Frankly, there is no amount of bail or equity in a home that can protect the citizens of this community” from Niazi, Assistant U.S. Attorney Deirdre Eliot said in arguing for his detention.

    Within days of Niazi’s indictment, Monteilh revealed his informant status in a series of interviews with Los Angeles area media.

    “I think the FBI treated me with the utmost treachery,” he said in the interview with The Post.

    In subsequent months, Monteilh sought out Niazi’s attorneys and told them he was ordered to entrap their client.

    A year and a half later, on Sept. 30, prosecutors summarily moved to dismiss the case against Niazi, and a judge agreed. The U.S. attorney’s office in Los Angeles cited the lack of an overseas witness and “evidentiary issues.” Sources familiar with the decision said Monteilh’s role – and his potential testimony for the defense – was also a factor.

    Niazi declined to comment. His attorney Chase Scolnick said he is “very pleased with the outcome. It is a just result.”

    In recent weeks, Monteilh said, he has been approaching Muslims at a local gym and apologizing for “disrespecting their community and religion.” Monteilh, who is now unemployed, says he regrets his role in the Niazi case and was glad when the charges were dropped.

    On a recent Friday, more than 200 men sat on the carpet for prayers inside the Irvine mosque, most of them in khakis or jeans. During the sermon, the imam offered some advice.

    “If an FBI agent comes in and says, ‘You’re under arrest,’â??” he told the crowd, they should pray to Allah – and then call a lawyer.

    As worshipers milled around outside, they said they support the FBI’s role in fighting terrorism but feel betrayed by the infiltration of their sacred place.

    “The FBI wants to treat the Muslim community as a partner while investigating us behind our backs,” said Kurdi, the Loyola student. “They can’t have it both ways.”

    Staff researcher Julie Tate contributed to this report.

    By Jerry Markon
    Washington Post Staff Writer
    Sunday, December 5, 2010; 12:47 AM

    Find this story at 5 December 2010

    © 2010 The Washington Post Company

    Muslim Americans Who Claim FBI Used No-Fly List to Coerce Them Into Becoming Informants File Lawsuit

    Naveed Shinwari is one of four American Muslims who filed suit against the government this week for placing them on the U.S. “no-fly list” in order to coerce them into becoming FBI informants. The plaintiffs say the government refuses to explain why they were named on the no-fly list. They also believe that their names continue to be listed because they would not agree to become FBI informants and spy on their local communities. “It’s very frustrating, you feel helpless,” Shinwari says. “No one will tell you how you can get off of it, how you got on it. It has a profound impact on people’s lives.” We are also joined by Shayana Kadidal, senior managing attorney at the Center for Constitutional Rights, which is seeking to remove the men from the no-fly list and establish a new legal mechanism to challenge placement on it.

    TRANSCRIPT
    This is a rush transcript. Copy may not be in its final form.

    JUAN GONZÁLEZ: We begin today’s show with the story of four American Muslims who say they were placed on the U.S. no-fly list by the FBI after they refused to become government informants. They say they were barred from flying, not because they were accused of any crime, but because they refused government requests to spy on their own communities. On Tuesday night, the men filed a lawsuit seeking their removal from the no-fly list, as well as a new legal mechanism to challenge placement on it.

    The New York Times reports the list, officially called the Terrorist Screening Database, has grown to at least 700,000 people. The government refuses to reveal who is on the list, how one can get off it, and what criteria are used to place someone on it in the first place.

    AMY GOODMAN: Well, for more, we’re joined by Naveed Shinwari, one of the four American Muslims filing a lawsuit accusing the FBI of unjustly placing them on the no-fly list and trying to coerce them to spy on their community. Also with us is Shayana Kadidal, senior managing attorney at the Center for Constitutional Rights. CCR is representing the four men, along with the City University of New York’s Creating Law Enforcement Accountability & Responsibility program, or CLEAR.

    We welcome you both to Democracy Now! Naveed, let’s begin with you. Tell us your story. What happened?

    NAVEED SHINWARI: Thank you, first of all, for having us. I’ve been a big fan of the show since college days.

    Well, in October 2011, I went on a Hajj pilgrimage, religious pilgrimage, with my mother. And after that, we went to Afghanistan, and that’s where I got married, too. On the way coming back, late February of 2012, I got—I was trying to obtain a boarding pass in Dubai. My flight was from Kabul to Dubai and then to Houston. And I was denied boarding pass in Dubai. I was told that I had to go outside and meet with the immigration, U.S. immigrations, or the embassy, consulate. I had to obtain a temporary visa. And my mother and I, we went out, out of the airport.

    And then I was interrogated by two FBI agents for roughly about four hours, and I was told to—I was pressured to give them everything that I knew in order to go back home. And then they will—the more that I give them, the better chances of me coming back home that I had. I was told to take a lie detector test, and they wanted to take photos with their phone of mine, and which, both of them, I refused, because I was very truthful to them from the beginning.

    Finally, after five days, we were able to—we had to buy new tickets, and we were able to come to the U.S. Then I was interrogated at the airport in Washington by a couple of FBI agents. And then I had several visits in my house. In March of 2012, I found out that I was on the no-fly list, when I had a flight to Orlando for a job. And in the airport, I was escorted by police officers telling me that I could not fly anymore. That’s the first time I found out.

    JUAN GONZÁLEZ: When you say they interrogated you the first time around, what kinds of questions were they asking you?

    NAVEED SHINWARI: They told me to “tell us everything. And where did you been—where have you been? And have you attended any training camps in Afghanistan, or even to Pakistan?” And to all of those questions, my answer was negative. If you met individuals that pose a threat to national security, and my answer was negative, of course.

    AMY GOODMAN: What are your feelings about being on the no-fly list? How has it affected your life? Where is your wife now, by the way?

    NAVEED SHINWARI: She’s in Afghanistan, and it’s been 26 months, counting, that I have not seen her.

    AMY GOODMAN: For more than two years.

    NAVEED SHINWARI: That’s correct. I spent a month with her, and then I had to leave. And then, ever since, I haven’t been able to go back.

    AMY GOODMAN: Shayana Kadidal, what is the legality of this?

    SHAYANA KADIDAL: Well, I think it’s completely illegal. You know, most people find out that they’re on the list the same way Naveed did. They try to fly, and then they’re denied boarding, and sometimes a gate agent will tell them, “Well, you’re on this list.”

    Now, there’s a process to challenge it, nominally, through the Department of Homeland Security, but when you file a complaint, you never get told whether or not you’re on the list or whether you’ve been removed from the list. The government never tells us what the criteria for being on the list is. We think it has something to do with whether you’re a threat to civil aviation, whatever that means, but they’ve never sort of published a definition, and they never tell you what evidence, you know, they’ve used to put you on there, right?

    And a lot of times, I don’t think the government knows what evidence they’ve used to put you on there, because a field-level FBI agent, for all practical purposes, can nominate someone like Naveed. Those guys who interviewed him in Dubai could do it on their own discretion, just as if a New York City beat cop could put you on the no-fly list. And it’s basically a rubber stamp, the level of review that it gets once it goes into the Terrorist Screening Center that runs the list.

    So, you know, you get this situation that’s ripe for abuse. And Naveed, like our other clients, you know, I think the FBI put him on the list basically because they knew there was no process where he could challenge it, where he could get off, other than coming to court, like we have now, and therefore they could use it very effectively to twist their arms to work and spy on completely innocent members of their Muslim community.

    JUAN GONZÁLEZ: Right, and this issue of some of your clients being—or your clients being asked to spy on their communities, could you elaborate on that?

    SHAYANA KADIDAL: Sure. Well, so you see Naveed, you know, answered all those questions negatively and was still—and still ended up on the list, right? They are asking people not to spy on friends and family and acquaintances who the government suspects of involvement in crime or terrorism; they’re asking them to troll the Muslim community for information. You know, it’s the same mentality as underlies the NSA surveillance programs, right? Gather every bit of information on civil society, and then we’ll figure out why we wanted it later.

    AMY GOODMAN: Aviation security specialist Glenn Winn told San Diego news station 6 that people are not put on the no-fly list arbitrarily.

    GLENN WINN: There’s something has arisen in his background, and it has restricted his movement on a U.S. carrier of the United States, i.e. a threat.
    AMY GOODMAN: Shayana Kadidal, your response?

    SHAYANA KADIDAL: I mean, I think, you know, the most obvious response to that is to look at the Rahinah Ibrahim case that was just litigated out on the West Coast and where the government for eight years fought, you know, invoking every secrecy doctrine you can imagine, to resist telling a former Stanford Ph.D. student whether or not she was on the list. Turned out they had accidentally put her on the list because an FBI agent had kind of incompetently checked the “yes” box instead of not checking it as he intended to. They took her off the list in 2005, and yet they fought for eight years in court to avoid having to tell her that and to really avoid telling the public that they made a spectacular mistake.

    JUAN GONZÁLEZ: Well, in December, we spoke about the hidden cost of being placed on the no-fly list with the lawyer for Stanford University student Rahinah Ibrahim. Ibrahim sued the U.S. government after her name was placed on the no-fly list and she was barred from flying back from Malaysia to the United States in 2005 to complete her studies at Stanford. This is her attorney, Anya Bernstein.

    ANYA BERNSTEIN: People are harmed by being on these watch lists. They’re harmed by being not allowed to fly. They’re also harmed by being subject to a lot more scrutiny from law enforcement officers every time they run into them. So if you’re on a watch list like this and you are stopped for speeding, the officer runs your license through a computer system, and he’s informed that you’re on the watch list. And then, naturally, he’s going to be paying a lot more attention to you; you’re much more likely to be arrested and to receive a certain kind of treatment. So, those are—those are more due process rights that may be infringed, and those are kind of the obvious costs of the terrorist watch lists.
    The hidden costs are the systemic costs that people don’t really talk about as much, such as the effects on policy. So, one of the striking things about these watch lists is that, as far as we know, there is absolutely no mechanism for the agencies who run them to assess how well they’re doing. There’s nothing built into the system for people to review and say, “10 years ago we thought this was a bad guy. How did that turn out? How did our prediction pan out? And if it didn’t pan out, maybe we’re doing something wrong. What should we change?” So, one of the hidden costs is the bloating of the watch list with lots and lots of people who are most likely or even definitely not harmful and don’t pose a threat, and yet give us the impression that the main danger we face today is terrorism.
    JUAN GONZÁLEZ: That was Anya Bernstein, attorney for the only person who has been able to successfully challenge being on the no-fly list. The impact on you and other people that you personally have been acquainted with who might have also been placed on the no-fly list?

    NAVEED SHINWARI: It’s very frustrating, and you feel helpless. No one will tell you how you can get off of it, how you got on it. And it has a profound impact on people’s lives, and it has had a big impact on my life and on my family. And so, this is one of the reasons that I wanted to come out, was to—that there might be a lot of people that are afraid to speak up. And I wanted to—you know, I wanted to come out and show to everyone that, you know what, you don’t have to be afraid in this country, and you can come out and speak your mind, and we have to come together in order to resolve these kind of programs and these sort of issues.

    AMY GOODMAN: Shayana, can you describe the other men who are suing?

    SHAYANA KADIDAL: Sure. Well, you know, so Naveed hasn’t seen his wife in 26 months, right? We have another plaintiff who hasn’t seen his wife and his three small daughters for five years because he’s on the no-fly list. You know, all of our clients have family overseas. Two are Pakistani-American. Naveed’s Afghan-American. One’s Yemeni-American. And, you know, another client has a 93-year-old grandmother in Pakistan who’s begging to see him, because she’s gravely ill, she can’t travel here. You know, this woman raised him, and he can’t fly back there because he’s on this list. It’s devastating, you know, and there’s a stigmatic element to it, too. You know, there are people in the community who have turned away from some of our clients, because they wonder, you know, why did the government put them on this list. Surely there must be some reason, right?

    JUAN GONZÁLEZ: And could you talk about this in the context of the other instances of surveillance of the Muslim community in the United States? Obviously, in New York City we had the notorious example, now stopped by the de Blasio administration, of conducting random surveillances of the Muslim community.

    SHAYANA KADIDAL: Mm-hmm, right. Well, I think, you know, we have—you know, after 12 years since 9/11, 13 years, we have a huge, very well-financed infrastructure for counterterrorism, and it—you know, it generates a need, pressure to produce, quote-unquote, “results,” right? So FBI agents feel pressure to hit numerical quotas to produce a certain number of, quote-unquote, “informers.” Doesn’t matter whether the, you know, quote-unquote, “informers” have any tie to crime or terrorism or whether the people they know do, either, right? It’s, again, part of this program of just surveilling the community for surveillance’s sake.

    AMY GOODMAN: A pro-Palestinian activist named Kevin Iraniha said he was mysteriously questioned by the FBI after a trip he took to the Middle East. He later found himself on a no-fly list while trying to fly to San Diego from Costa Rica. The law student reportedly returned to California by flying to Mexico and then walking across the border. He addressed supporters after returning home.

    KEVIN IRANIHA: I’m happy to be home, finally, in my own hometown, you know, where I was born and raised. You see my bloodshot eyes. I’m still—I’m still going through it. It’s very tiring, and it was very depressing. This is very disappointing for anybody—to happen to anybody, you know, especially if they were born and raised here, or anybody on—outside also, as well.
    AMY GOODMAN: Kevin is a U.S. citizen, and so he holds this news conference. Naveed, you’re here talking publicly. What about the repercussions for you? Are you concerned about any, about how people will view you?

    NAVEED SHINWARI: Yes. Even within my household, there were—they were not in favor of me coming out. And they thought that this might make your situation difficult in bringing your wife here in the future. So that’s even within my house. Outside, many friends and family were against this, as well, too. But in every civil rights case, or whenever civil rights are violated or abused, people have to speak out. And if I don’t do it, who else will do it? So there are 16,000 to 21,000 people on this list, and the majority of them are innocent people, and they don’t know what they have done wrong. And I think we—it’s about time we need some openness to this program.

    AMY GOODMAN: Well, Naveed, we want to thank you for coming to Democracy Now! and telling your story. Naveed Shinwari is one of four American Muslims who filed a lawsuit accusing the FBI of unjustly placing them on the no-fly list and trying to coerce them to spy on their community. He has not seen his new wife in more than two years. Shayana Kadidal is senior managing attorney at the Center for Constitutional Rights.

    This is Democracy Now! When we come back, a federal court has ruled that a memo must be released that explains the rationale for killing the Awlakis, Anwar al-Awlaki and his son Abdulrahman, as well as other American citizen, Samir Khan. Stay with us.

    THURSDAY, APRIL 24, 2014

    Find this story at 24 April 2014

    Creative Commons License The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please attribute legal copies of this work to democracynow.org. Some of the work(s) that this program incorporates, however, may be separately licensed. For further information or additional permissions, contact us.

    No-fly list used by FBI to coerce Muslims into informing, lawsuit claims

    Case highlights plight of people wrongfully added to database who face lengthy, secretive process to clear their names

    Innocent people are being put on no-fly list as coercion or punishment by the FBI, a lawsuit alleges.

    Naveed Shinwari hasn’t seen his wife in 26 months. He suspects it’s because he refused to become an informant for the FBI.

    In February 2012 Shinwari, who has lived in the US since he was 14, flew to Afghanistan to get married. He says that before he could get home to Omaha, Nebraska, he was twice detained and questioned by FBI agents who wanted to know if he knew anything about national security threats. A third FBI visit followed when he got home.

    The following month, after Shinwari bought another plane ticket for a temporary job in Connecticut, he couldn’t get a boarding pass. Police told him he had been placed on the US no-fly list, although he had never in his life been accused of breaking any law. Another FBI visit soon followed, with agents wanting to know about the “local Omaha community, did I know anyone who’s a threat”, he says.

    “I’m just very frustrated, [and I said] what can I do to clear my name?” recalls Shinwari, 30. “And that’s where it was mentioned to me: you help us, we help you. We know you don’t have a job; we’ll give you money.”

    Shinwari is one of four American Muslims in a new lawsuit who accuse the FBI of placing them on the no-fly list, either to intimidate them into becoming informants or to retaliate against them for declining.

    Filed on Tuesday night in the US district court for the southern district of New York, the case accuses the US attorney general, Eric Holder, the FBI director, James Comey, the homeland security secretary, Jeh Johnson, and two dozen FBI agents of creating an atmosphere in which Muslims who are not accused of wrongdoing are forbidden from flying, apparently as leverage to get them snitching on their communities.

    Their lawsuit seeks not only the plaintiffs’ removal from the no-fly list but also the establishment of a more robust legal mechanism to contest placement upon it.

    “This policy and set of practices by the FBI is part of a much broader set of policies that reflect overpolicing in Muslim-American communities,” said Diala Shamas, one of the lawyers for the four plaintiffs.

    In recent years Muslim community leaders in the US have stated that they feel law enforcement at times considers them a target, particularly thanks to mosque infiltrations and other surveillance practices. Material demonizing Muslims and Islam has been present in FBI counter-terrorism training, which the bureau has conceded was inappropriate. The New York police department recently shut down a unit tasked with spying on Muslim businesses, mosques and community centers in New York and New Jersey.

    Like his co-plaintiffs Shinwari does not know for sure that the FBI deliberately placed him on the no-fly list as either a punitive measure or a pressure tactic.

    Their four stories differ in important respects.

    Jameel Algibhah of the Bronx alleges that the FBI explicitly asked him to infiltrate a Queens mosque and pose as an extremist in online forums. But they have in common an allegation of an implied quid pro quo. “We’re the only ones who can take you off the list,” an unnamed FBI agent who wanted Algibhah to inform to is alleged to have told him.

    Their case follows at least one other, brought by the ACLU in Oregon, that alleges the FBI attempted to leverage no-fly selectees into informants. That case also challenges as insufficient the process afforded to people seeking to remove themselves from the list.

    Shinwari, who now lives in Connecticut and works for a temp agency, has not attempted to return to Afghanistan to see his wife. While he was able to board a flight last month, he wonders if he received a reprieve from the no-fly list that the FBI offered to him in 2012 as enticement. Repeated attempts to formally remove himself from the list resulted in vague and inconclusive notifications from the government – which he, his co-plaintiffs and his lawyers contend feeds into the problem.

    The no-fly list is among the most opaque post-9/11 measures. It is maintained by the FBI and implemented at airports by the Department of Homeland Security. Few know they’ve been placed on it, and those who do face a complicated redress process to have themselves removed. The new lawsuit alleges that the opacity contributes to watchlist abuse.

    According to the FBI’s Terrorist Screening Center, which maintains the list, there were approximately 16,000 people, fewer than 500 of them Americans, on the no-fly list as of September 2011.

    A larger pool of data that feeds the no-fly list and other government watchlists, known as the Terrorist Screening Database, contemporaneously contained records of 420,000 people. Famously it included Nelson Mandela until 2008. The government’s policy is to not to confirm or deny someone’s placement upon a watchlist.

    Several earlier lawsuits have attempted to get people off the no-fly list. In February Rahinah Ibrahim became the first since 9/11 to win such a case, after demonstrating that the FBI adder her name by mistake. She had been unable to fly since 2004.

    The criteria for inclusion on the list are unclear. In a March 2011 federal court filing Christopher Piehota, the current director of the Terrorist Screening Center, affirmed that FBI agents could nominate candidates to it.

    Inclusion on the broader Terrorist Screening Database depends upon “whether there is reasonable suspicion to believe that a person is a known or suspected terrorist”, Piehota, then the deputy director of the Terrorist Screening Center, told the eastern district court of Virginia.

    “Mere guesses or ‘hunches,’ or the reporting of suspicious activity alone is not enough to constitute a reasonable suspicion and are not sufficient bases to watchlist an individual.” Audits and other quality control measures were periodic, Piehota told the court.

    An ACLU study last month challenged that criterion. “It is not at all clear what separates a reasonable-suspicion-based-on-a-reasonable-suspicion from a simple hunch,” it said, calling inclusion on a government watchlist a potentially “life-altering” experience.

    A redress system for thwarted travelers was operated by the Department of Homeland Security and referred complaints to the FBI, Piehota further affirmed. A subsequent records check determined “whether the complainant’s current status in the TSDB [Terrorist Screening Database] is suitable based on the most current, accurate and thorough information available”.

    The process was entirely internal, with DHS informing the would-be traveler what the system had determined “without disclosing the traveler’s status in the TSDB”, Piehota said.

    A study by the justice department’s inspector general, partially declassified on 25 March, painted a mixed picture of the FBI’s watchlisting processes. “Subjects of closed terrorism investigations were removed from the watchlist when the case was closed,” it found, but it noted the FBI was “not timely in submitting watchlist nomination and removal packages for individuals not under investigation by the FBI”. In such cases it took the FBI a median of 78 days to remove people from the lists.

    “Because non-investigative subjects may be retained on the watchlist for an extended period of time, this subset of watchlist practices will continue to grow throughout the years,” the inspector general’s report said.

    The FBI declined to comment on the allegations in the new lawsuit, which was filed by the Center for Constitutional Rights and the Creating Law Enforcement Accountability & Responsibility project at the City University of New York.

    Shinwari said his placement on the no-fly list and his dealings with the FBI had a chilling effect. “I don’t want to open up to people any more, or express myself politically or otherwise. It’s definitely had an effect on me participating in my local mosque,” he said.

    “I just want to see some changes to this process, and openness and transparency would be good. That’s what Obama originally ran for.”

    Spencer Ackerman in New York
    theguardian.com, Wednesday 23 April 2014 03.00 BST

    Find this story at 23 April 2014

    © 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    THE FBI IS TRYING TO RECRUIT MUSLIMS AS SNITCHES BY PUTTING THEM ON NO-FLY LISTS

    Dr Rahinah Ibrahim is not a national security threat.

    The federal government even said so.

    It took a lawsuit that has stretched for eight years for the feds to yield that admission. It is one answer in a case that opened up many more questions.

    Namely: How did an innocent Malaysian architectural scholar remain on a terrorism no fly-list – effectively branded a terrorist – for years after a FBI paperwork screw up put her there? The answer to that question – to paraphrase a particularly hawkish former Secretary of Defense – may be unknowable.

    Last week, there was a depressing development in the case. A judge’s decision was made public and it revealed that the White House has created at least one “secret exception” to the legal standard that federal authorities use to place people on such lists. This should trouble anyone who cares about niggling things like legal due process or the US Constitution. No one is clear what the exception is – because it’s secret, duh – meaning government is basically placing people on terror watchlists that can ruin their lives without explaining why or how they landed on those lists in the first place.

    This flies in the face of what the government has told Congress and the American public. Previously, federal officials said that in order to land on one of these terror watchlists, someone has to meet a “reasonable suspicion standard”. That means there have to be clear facts supporting the government’s assertion that the individual in question is, you know, doing some terrorist shit. Which seems like a good idea.

    But not any more, apparently.

    Dr Rahinah Ibrahim (Photo via University Putra Malaysia)

    Ibrahim, a Muslim who is currently the Dean of Architecture at University Putra Malaysia, was placed on the federal no-fly list in late 2004. She was removed from that specific list the following year, but her name remained on federal terrorism watchlist databases. Her daughter, a US citizen, was also watchlisted. Ibrahim was arrested at San Francisco International Airport while she was enrolled as a PhD student at Stanford University. She was not charged with any crime, but her student visa was revoked; later attempts at obtaining a new visa were denied. She sued the US government in 2006, basically saying that what the federal authorities did was illegal. Eight long years of litigation followed.

    She found herself in a guilty-until-proven innocent legal quagmire. Perhaps most importantly, she was never given an explanation as to what landed her on this list. For that answer, she is still waiting. The government would ultimately concede that she had never posed a national security threat. In January, the court found the US government violated her due process rights.

    During the case, there was one clue as to what may have convinced the US that Ibrahim was a potential terrorist. She belongs to a women’s economic organisation called Jamaah Islah Malaysia – there have been rumours that the FBI confused this with the terrorist group Jemaah Islamiyah.

    Which would obviously be a really, really dumb thing for an investigative agency to do.

    Ibrahim’s attorney, Elizabeth Pipkin, says she can’t say for sure how the authorities first became interested in her client. “That was speculation on our part,” she said. “The sad thing is, even after eight years of litigation, we weren’t able to get to the bottom of what was the underlying information that lead an FBI agent to her door and brought this whole thing about.”

    But as great as a “Feds Suck at Googling” headline would be, it could be even more simple and ridiculous. According to one judge, an FBI agent made a basic paperwork error by filling out the form the opposite way from the instructions – ticking the lists she thought Ibrahim should not be on rather than the ones that she should. That screw up might be to blame for turning eight years of her life into a hellish pit of litigation.

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    The real criteria of the no-fly list – if there is one – remains cloaked in secrecy. In America’s post-9/11 fever dream, it’s looking increasingly like the government has targeted Muslims who have no connection to terrorism on such lists, in the hope of developing informants, according to multiple ongoing federal lawsuits. (More on that in a minute.) And once you’re on these lists and terrorist databases, it’s a bitch to clear your name, as Ibrahim found out.

    Pipkin says the only historical precedent for a like-minded programme occurred during the McCarthy era back in the 1950s, when the government denied passports for people who were suspected communists. It would appear the G-men of the 21st century are ripping a page right out of J Edgar Hoover’s playbook. When the Red Scare was all the rage, a case challenging such a policy went all the way to the US Supreme Court, which found that if someone is deprived of their right to travel, the government has to say why – something the authorities have failed to do in Ibrahim’s case.

    As head of the FBI, J Edgar Hoover ran roughshod over civil liberties during the 1950s, during which time one US policy tried to prevent passports from being issued to suspected communists.
    (Photo via)

    In other words, it’s secret law: the government is deciding it doesn’t like you for some reason and punishing you, but declining to say what exactly you did to trigger the punishment. People like Ibrahim are stuck in a legal no-man’s land, where they can’t fly but they have not been charged with a crime.

    “The assertion of executive privilege in this case was extreme and the secrecy that was asserted by the federal government with respect to its action here are really hard to stomach when you believe that this should be a democratic country,” said Pipkin.

    Ibrahim is not the only Muslim to be caught in an extrajudicial limbo.

    Gulet Mohamed, a US citizen of Somali descent, is also currently challenging his placement on a no-fly list. Mohamed has not been charged with any crime, but his placement on the list left him stranded in Kuwait for a month from December 2010 to January 2011. His designation prevented him from flying home. During his confinement, US authorities grilled him about his travels in Somalia and Yemen, but Mohamed denied having contact with militants. Mohamed, then still a teenager, says he was beaten and that federal agents made him an offer of becoming an informant, which he turned down. Ultimately, he was allowed back into the US in January 2011. This January, a federal judge ruled that he had a right to challenge his placement on the list.

    His attorney, Gadeir Abbas, of the Council on American-Islamic Relations, said the watchlist policy violates due process rights guaranteed by the US Constitution.

    “We know that whatever it was that interested them in Gulet, it was not enough for them to press charges against him, and if you can’t test your allegations through the criminal process, then what, exactly, are you doing?” he asked.

    Abbas said that Federal authorities have significantly expanded the use of such watchlists since that guy decided to ring in Christmas 2009 by stuffing explosives into his skivvies and boarding a plane that was bound for Detroit. The feds, he said, are now using the watchlists as a, “punitive tool that it can use as leverage [against] individuals that they want to interrogate, to become informants”.

    Put another way: Federal authorities are using the watchlists to target Muslims in the hopes they will spy on their own communities on behalf of the US government.

    Hina Shamsi, the director for the ACLU (American Civil Liberties Union) National Security Project, meanwhile, has said the US terrorist database is broken. Thousands of people, she said, have been added to a no-fly list without any explanation as to why and with no opportunity to correct “the error or innuendo” that landed them there in the first place.

    Abe Mashal

    Abe Mashal was one such instance. The married father of four grew up the son of an Italian-American mother and a Palestinian father in Illinois. He is a former Marine. He also happens to be Muslim. He believes the confluence of those last two factors may have caused him a considerable headache.

    Mashal trains dogs for a living. Sometimes this requires him to fly around the country. One day in April 2010, he arrived at Chicago’s Midway International Airport to fly to Washington state for a dog training job. He wasn’t allowed to board, he learned, because he had been placed on a no-fly list.

    He is now part of an ongoing ACLU lawsuit challenging the legality of the no-fly list. In a familiar story, he’s never been clear exactly about what landed him on the list. He says he can fly now; he was apparently taken off the list but was never told when, how or why. But for three-and-a-half years it hurt his business. About a third of his clientele required him to fly, he said.

    Mashal has not been charged with a crime. He thinks federal authorities targeted him because he was a former Marine who identified himself on his military records as Muslim.

    Authorities, he thought, saw him as someone whom they could groom to be a solid informant. He said during his attempts to get off the watchlist, federal authorities offered him a deal: become an informant, spy on your fellow Muslims and you’ll be off the list. He declined and lawyered up. There are several other ex-military Muslims who are part of the ACLU’s suit, he said.

    “I think they feel that you’re a patriotic person and you’re used to taking orders. They want someone with that type of discipline as well,” he told me. “You start putting the pieces together and say, ‘They’re aiming for military people who claim to be Muslims.’”

    He added, “The FBI is very good and trained at intimidating people and getting them to do what they want. It’s been a frustrating experience. It’s made me question whether we have these rights that they say we do.” When the government can put you on a terror-list without giving you a reason, that seems a fair question to raise.

    The FBI and Department of Homeland Security both declined to comment for this story, deferring to other agencies. The Department of Justice did not respond to a request for comment before deadline.

    By: Danny McDonald
    Apr 23 2014

    Find this story at 23 April 2014

    © 2014 Vice Media Inc

    Al Sharpton’s Secret Work As FBI Informant; Untold story of how activist once aided Mafia probes

    APRIL 7–When friends and family members gathered recently at the White House for a private celebration of Michelle Obama’s 50th birthday, one of the invited partygoers was a former paid FBI Mafia informant.

    That same man attended February’s state dinner in honor of French President Francois Hollande. He was seated with his girlfriend at a table adjacent to President Barack Obama, who is likely unaware that, according to federal agents, his guest once interacted with members of four of New York City’s five organized crime families. He even secretly taped some of those wiseguys using a briefcase that FBI technicians outfitted with a recording device.

    The high-profile Obama supporter was also on the dais atop the U.S. Capitol steps last year when the president was sworn in for a second term. He was seated in front of the chairman of the Joint Chiefs of Staff, two rows behind Beyonce and Jay Z, and about 20 feet from Eric Holder, the country’s top law enforcement officer. As head of the Department of Justice, Attorney General Holder leads an agency that once reported that Obama’s inauguration guest also had La Cosa Nostra contacts beyond Gotham, and engaged in “conversations with LCN members from other parts of the United States.”

    The former mob snitch has become a regular in the White House, where he has met with the 44th president in the East Room, the Roosevelt Room, and the Oval Office. He has also attended Obama Christmas parties, speeches, policy announcements, and even watched a Super Bowl with the First Family (an evening the man has called “one of the highlights of my life”). During these gatherings, he has mingled with cabinet members, top Obama aides, military leaders, business executives, and members of Congress. His former confederates were a decidedly dicier lot: ex-convicts, extortionists, heroin traffickers, and mob henchmen. The man’s surreptitious recordings, FBI records show, aided his government handlers in the successful targeting of powerful Mafia figures with nicknames like Benny Eggs, Chin, Fritzy, Corky, and Baldy Dom.

    Later this week, Obama will travel to New York and appear in a Manhattan hotel ballroom at the side of the man whom FBI agents primarily referred to as “CI-7”–short for confidential informant #7–in secret court filings. In those documents, investigators vouched for him as a reliable, productive, and accurate source of information about underworld figures.

    The ex-informant has been one of Obama’s most unwavering backers, a cheerleader who has nightly bludgeoned the president’s Republican opponents in televised broadsides. For his part, Obama has sought the man’s counsel, embraced him publicly, and saluted his “commitment to fight injustice and inequality.” The president has even commented favorably on his friend’s svelte figure, the physical manifestation of a rehabilitation effort that coincided with Obama’s ascension to the White House. This radical makeover has brought the man wealth, a daily TV show, bespoke suits, a luxury Upper West Side apartment, and a spot on best seller lists.

    Most importantly, he has the ear of the President of the United States, an equally remarkable and perplexing achievement for the former FBI asset known as “CI-7,” the Rev. Al Sharpton.

    A lengthy investigation by The Smoking Gun has uncovered remarkable details about Sharpton’s past work as an informant for a joint organized crime task force comprised of FBI agents and NYPD detectives, as well as his dealings with an assortment of wiseguys.

    Beginning in the mid-1980s and spanning several years, Sharpton’s cooperation was fraught with danger since the FBI’s principal targets were leaders of the Genovese crime family, the country’s largest and most feared Mafia outfit. In addition to aiding the FBI/NYPD task force, which was known as the “Genovese squad,” Sharpton’s cooperation extended to several other investigative agencies.

    TSG’s account of Sharpton’s secret life as “CI-7” is based on hundreds of pages of confidential FBI affidavits, documents released by the bureau in response to Freedom of Information Act requests, court records, and extensive interviews with six members of the Genovese squad, as well as other law enforcement officials to whom the activist provided assistance.

    Like almost every other FBI informant, Sharpton was solely an information source. The parameters of his cooperation did not include Sharpton ever surfacing publicly or testifying on a witness stand.

    Genovese squad investigators–representing both the FBI and NYPD–recalled how Sharpton, now 59, deftly extracted information from wiseguys. In fact, one Gambino crime family figure became so comfortable with the protest leader that he spoke openly–during ten wired face-to-face meetings–about a wide range of mob business, from shylocking and extortions to death threats and the sanity of Vincent “Chin” Gigante, the Genovese boss who long feigned mental illness in a bid to deflect law enforcement scrutiny. As the mafioso expounded on these topics, Sharpton’s briefcase–a specially customized Hartmann model–recorded his every word.

    Task force members, who were interviewed separately, spoke on the condition of anonymity when describing Sharpton’s work as an informant and the Genovese squad’s activities. Some of these investigators provided internal FBI documents to a reporter.

    Records obtained by TSG show that information gathered by Sharpton was used by federal investigators to help secure court authorization to bug two Genovese family social clubs, including Gigante’s Greenwich Village headquarters, three autos used by crime family leaders, and more than a dozen phone lines. These listening devices and wiretaps were approved during the course of a major racketeering investigation targeting the Genovese family’s hierarchy.

    A total of eight separate U.S. District Court judges–presiding in four federal jurisdictions–signed interception orders that were based on sworn FBI affidavits including information gathered by Sharpton. The phones bugged as a result of these court orders included two lines in Gigante’s Manhattan townhouse, the home phone of Genovese captain Dominick “Baldy Dom” Canterino, and the office lines of music industry power Morris Levy, a longtime Genovese family associate. The resulting surreptitious recordings were eventually used to help convict an assortment of Mafia members and associates.

    Investigators also used Sharpton’s information in an application for a wiretap on the telephone in the Queens residence of Federico “Fritzy” Giovanelli, a Genovese soldier. Giovanelli was sentenced to 20 years in prison for racketeering following a trial during which those recordings were played for jurors. In a recent interview, the 82-year-old Giovanelli–now three years removed from his latest stint in federal custody–said that he was unaware that Sharpton contributed in any fashion to his phone’s bugging. He then jokingly chided a reporter for inquiring about the civil rights leader’s past. “Poor Sharpton, he cleaned up his life and you want to ruin him,” Giovanelli laughed.

    While Sharpton’s acrimonious history with law enforcement–especially the NYPD–rankled some Genovese squad investigators, they nonetheless grudgingly acknowledged in interviews that the activist produced for those he would go on to frequently pillory.

    Genovese squad members, however, did not share with Sharpton specific details about how they were using the information he was gathering for them. This is standard practice since FBI affidavits in support of wiretap applications are filed under seal by Department of Justice prosecutors. Still, Sharpton was briefed in advance of his undercover sorties, so he was well aware of the squad’s investigative interest in Gigante and his Mafia cronies.

    Sharpton vehemently denies having worked as an FBI informant. He has alleged that claims of government cooperation were attempts by dark forces to stunt his aggressive brand of civil rights advocacy or, perhaps, get him killed. In his most recent book, “The Rejected Stone,” which hit best seller lists following its October 2013 publication, Sharpton claimed to have once been “set up by the government,” whose agents later leaked “false information” that “could have gotten me killed.” He added, “So I have been seriously tested in what I believe over the years.”

    In an interview Saturday, Sharpton again denied working as a confidential informant, claiming that his prior cooperation with FBI agents was limited to efforts to prompt investigations of drug dealing in minority communities, as well as the swindling of black artists in the recording industry. He also repeatedly denied being “flipped” by federal agents in the course of an undercover operation. When asked specifically about his recording of the Gambino crime family member, Sharpton was noncommittal: “I’m not saying yes, I’m not saying no.”

    If Sharpton’s account is to be believed, he was simply a concerned citizen who voluntarily (and briefly) joined arm-in-arm with federal agents, perhaps risking peril in the process. The other explanation for Sharpton’s cooperation–one that has uniformly been offered by knowledgeable law enforcement agents–presents the reverend in a less noble light. Worried that he could face criminal charges, Sharpton opted for the path of self-preservation and did what the FBI asked. Which is usually how someone is compelled to repeatedly record a gangster discussing murder, extortion, and loan sharking.

    Sharpton spoke for an hour in an office at the House of Justice, his Harlem headquarters, where he had just finished addressing a crowd of about 200 people that included his two adult daughters and his second wife (from whom he has been separated for ten years). A few minutes into the interview, Sharpton asked, “Are you taping this?” A TSG reporter answered that he was not recording their interview, but had a digital recorder and wished to do so. Sharpton declined that request.

    In the absence of any real examination/exhumation of Sharpton’s past involvement with the FBI and the Mafia, his denials have served the civil rights leader well. Scores of articles and broadcast reports about the Obama-era “rehabilitation” of Sharpton have mentioned his inflammatory past–Tawana Brawley, Crown Heights, Freddy’s Fashion Mart, and various anti-Semitic and homophobic statements. But his organized crime connections and related informant work have received no such scrutiny.

    In a “60 Minutes” profile aired three months before the August 2011 launch of Sharpton’s MSNBC show, correspondent Lesley Stahl reported on the “tame” Sharpton’s metamorphosis from “loud mouth activist” to “trusted White House advisor who’s become the president’s go-to black leader.” As for prior underworld entanglements, those were quickly dispatched: “There were allegations of mob ties, never proved,” Stahl flatly declared.

    As host of MSNBC’s “PoliticsNation,” Sharpton now reluctantly identifies himself as a member of the media, if not actually a journalist. He spends his time at 30 Rockefeller Plaza surrounded by reporters, editors, and researchers committed to accuracy and the exposure of those who violate the public trust. In fact, Sharpton himself delights in a daily feature that seeks to expose liars, hypocrites, and others engaged in deceit (his targets tend to be Republican opponents of the Obama administration). As he wraps this segment, Sharpton points his finger at the camera and addresses his quarry: “Nice try, but we gotcha!”

    In addition to his MSNBC post, Sharpton heads the National Action Network, which describes itself as a “Christian activist organization.” Obama, who refers to Sharpton as “Rev” or “Reverend Al,” is scheduled to deliver a keynote address Friday at the group’s annual convention in New York City. Mayor Bill DeBlasio will preside Wednesday over the convention’s ribbon cutting ceremony, while Holder and three Obama cabinet secretaries will deliver speeches.

    Sharpton has been a leading supporter of Holder, who spoke at the National Action Network’s 2012 convention and saluted the reverend for “your partnership, your friendship, and also for your tireless efforts to speak out for the voiceless, to stand up for the powerless, and to shine a light on the problems we must solve, and the promises we must fulfill.” Last Friday, Sharpton appeared on a panel at a Department of Justice forum led by Tony West, the agency’s third-ranking official. West thanked Sharpton for his “leadership, day in and day out, on issues of reconciliation and community restoration.”

    According to its most recent IRS return, which Sharpton signed in mid-November 2013, the National Action Network pays him $241,402 annually for serving as president and CEO. In return for that hefty salary, Sharpton–who hosts a three-hour daily radio show in addition to his nightly cable TV program–reportedly works a 40-hour week for the not-for-profit (which lists unpaid tax liabilities totaling $813,576).

    For longtime observers, the “new” Sharpton’s public prominence and West Wing access is bewildering considering that his history, mob ties included, could charitably be described as checkered. In fact, Obama has banished others guilty of lesser transgressions (see: Wright, Jeremiah).

    Sharpton now calls himself a “refined agitator,” an activist no longer prone to incendiary language or careless provocations. Indeed, a Google check confirms that it has been years since he labeled a detractor a “faggot,” used the term “homos,” or derisively referred to Jewish diamond merchants.

    * * *

    As an “informant in development,” as one federal investigator referred to Sharpton, the protest leader was seen as an intriguing prospective source, since he had significant contacts in politics, boxing, and the music industry.

    Before he was “flipped” in the course of an FBI sting operation in 1983, Sharpton had established relationships with promoter Don King, various elected officials, and several powerful New York hoodlums involved in concert promotion, record distribution, and talent management. At the time, the music business was “overrun by hustlers, con artists, black and white,” Sharpton recalled in his 1996 autobiography. A federal agent who was not part of the Genovese squad–but who also used Sharpton as an informant–recalled that “everyone was trying to mine” his music industry ties.

    In fact, by any measure, Sharpton himself was a Mafia “associate,” the law enforcement designation given to mob affiliates who, while not initiated, work with and for crime family members. While occupying the lowest rung on the LCN org chart–which is topped by a boss-underboss-consigliere triumvirate–associates far outnumber “made” men, and play central roles in a crime family’s operation, from money-making pursuits to more violent endeavors.

    For more than four years, the fact that Sharpton was working as an informant was known only to members of the Genovese squad and a small number of other law enforcement agents. As with any Mafia informant, protecting Sharpton’s identity was crucial to maintaining the viability of ongoing investigations. Not to mention keeping him alive.

    For example, an episode recounted by TSG sources highlighted the sensitive nature of Sharpton’s cooperation with the FBI/NYPD task force.

    In advance of seeking court authorization to bug a pair of Genovese family social clubs and a Cadillac used by Gigante and Canterino, a draft version of a wiretap affidavit was circulated for review within the Genovese squad, which operated from the FBI’s lower Manhattan headquarters. The 53-page document, which detailed the “probable cause” to believe that listening devices would yield incriminating conversations, concerned some investigators due to the degree to which the activities of Sharpton were described in the document.

    While the affidavit prepared by FBI Agent Gerald King and a federal prosecutor only referred to Sharpton as “CI-7,” the document included the name of a Gambino mobster whom Sharpton taped, as well as the dates and details of five of their recorded meetings. Such specificity was problematic since the possibility existed that the affidavit’s finalized version could someday be turned over to defense lawyers in the discovery phase of a criminal trial.

    Investigators fretted that Sharpton could easily be unmasked by the Gambino member, who, if ever questioned about his meetings with “CI-7,” would surely realize that Sharpton was the wired informant referred to in the FBI affidavit. That discovery, of course, could have placed Sharpton’s life in grave danger. The Gambino wiseguy, too, likely would have faced trouble, since he was recorded speaking about a wide range of Mafia matters, including Gigante’s illegal operations. The Genovese power–rightly paranoid about bugged phones and listening devices–famously forbid fellow gangsters from even speaking his name. In fact, if a wiseguy had to refer to Gigante during an in-person meeting, a quick stroke of the chin was the acceptable means of identification.

    In response to concerns about the King affidavit, the draft, which a source provided to TSG, was rewritten to carefully shroud Sharpton’s work with government agents. The affidavit’s final version–which was submitted to two federal judges–no longer included the disclosure that “CI-7” had “consensually recorded his conversations” with a gangster. The wiseguy’s name was also deleted from the document, as was any reference to the Gambino family or the informant’s sex.

    Instead, the revamped affidavit simply noted that “CI-7 reported” to the FBI various details of Genovese family rackets. The actual source of that valuable intelligence about Gigante & Co. had been carefully obscured. As were the details of how that information was obtained via Sharpton’s battery-powered valise.

    But despite efforts like this to protect Sharpton, some details of his informant work leaked out in January 1988, when New York Newsday reported that the civil rights activist had cooperated with federal investigations targeting organized crime figures and Don King. Though he reportedly made incriminating admissions to the newspaper, Sharpton quickly issued vehement denials that he had snitched on anyone.

    While acknowledging contact with law enforcement officials, Sharpton–then involved in the early stages of the Tawana Brawley hoax–said he sought the help of investigators to combat the crack cocaine epidemic ravaging New York’s poorest communities. Sharpton also claimed to have contacted agents (and pledged his assistance) after a Mafia associate allegedly threatened him over a music industry dispute.

    Sharpton asserted that a phone installed in his Brooklyn apartment by federal investigators in mid-1987 was there to serve as a “hotline” for the public to report drug dealing. He flatly denied recording phone conversations at the direction of law enforcement agents. In one radio interview, Sharpton even declared, “We have an ethical thing against wiretapping.”

    In fact, Sharpton had been cooperating with the U.S. Attorney’s Office in Brooklyn as part of an investigation targeting Don King. According to a source involved with that probe, federal agents “ran him for a couple of months,” during which time Sharpton “did some recordings” via his new home telephone. But the nascent Department of Justice operation was abruptly shuttered in the wake of the New York Newsday story.

    The Brooklyn investigators were introduced to Sharpton in late-1987 by Joseph Spinelli, one of the reverend’s former FBI handlers (and one of the agents who initially secured his cooperation with the bureau). While Spinelli had left the FBI for another government post, he still helped facilitate Sharpton’s interaction with other investigators. “Joe was shopping him around,” one source recalled.

    For example, in July 1987, Spinelli called a federal prosecutor in Los Angeles and offered Sharpton’s assistance with a matter the lawyer was handling. The case involved Salvatore Pisello, a mobbed-up music industry figure who had just been indicted for tax evasion (and whom Sharpton had previously accused of threatening his life).

    Referring to Sharpton, ex-prosecutor Marvin Rudnick said in an interview, “I didn’t know who he was” when Spinelli called. In subsequent conversations with Rudnick, Sharpton provided information about Pisello and a related music industry matter that was being scrutinized by Justice Department investigators.

    While Sharpton would not prove particularly helpful to Rudnick, the attorney clearly recalled his brief, unorthodox dealings with the New York activist. “I remember having to go to a pay phone to take the call because he didn’t want it to be traced,” Rudnick laughed.

    * * *

    So why did Sharpton agree to become an FBI informant? And why was he willing to risk the dangers inherent in such cooperation?

    “He thought he didn’t have a choice,” one Genovese squad agent recalled.

    In the course of an investigation being run by Spinelli and his partner John Pritchard, Sharpton was secretly recorded in meetings with an FBI undercover agent posing as a wealthy drug dealer seeking to promote boxing matches.

    As previously reported, Colombo crime family captain Michael Franzese, who knew Sharpton, enlisted the activist’s help in connecting with Don King. Franzese and Sharpton were later surreptitiously filmed during one meeting with the undercover, while Sharpton and Daniel Pagano, a Genovese soldier, were recorded at another sit-down. Pagano’s father Joseph was a Genovese power deeply involved in the entertainment industry (and who also managed the crime family’s rackets in counties north of New York City).

    During one meeting with Sharpton, the undercover agent offered to get him “pure coke” at $35,000 a kilo. As the phony drug kingpin spoke, Sharpton nodded his head and said, “I hear you.” When the undercover promised Sharpton a 10 percent finder’s fee if he could arrange the purchase of several kilos, the reverend referred to an unnamed buyer and said, “If he’s gonna do it, he’ll do it much more than that.” The FBI agent steered the conversation toward the possible procurement of cocaine, sources said, since investigators believed that Sharpton acquaintance Daniel Pagano–who was not present–was looking to consummate drug deals. Joseph Pagano, an East Harlem native who rose through a Genovese crew notorious for narcotics trafficking, spent nearly seven years in federal prison for heroin distribution.

    While Sharpton did not explicitly offer to arrange a drug deal, some investigators thought his interaction with the undercover agent could be construed as a violation of federal conspiracy laws. Though an actual prosecution, an ex-FBI agent acknowledged, would have been “a reach,” agents decided to approach Sharpton and attempt to “flip” the activist, who was then shy of his 30th birthday. In light of Sharpton’s relationship with Don King, FBI agents wanted his help in connection with the bureau’s three-year-old boxing investigation, code named “Crown Royal” and headed by Spinelli and Pritchard.

    The FBI agents confronted Sharpton with the undercover videos and warned that he could face criminal charges as a result of the secret recordings. Sharpton, of course, could have walked out and ran to King, Franzese, or Pagano and reported the FBI approach (and the fact that drug dealer “Victor Quintana” was actually a federal agent).

    In subsequent denials that he had been “flipped,” Sharpton has contended that he stiffened in the face of the FBI agents, meeting their bluff with bluster and bravado. He claimed to have turned away Spinelli & Co., daring them to “Indict me” and “Prosecute.” Sharpton has complained that the seasoned investigators were “trying to sting me, entrap me…a young minister.”

    In fact, Sharpton fell for the FBI ruse and agreed to cooperate, a far-reaching decision he made without input from a lawyer, according to sources. “I think there was some fear [of prosecution] on his part,” recalled a former federal agent. In a TSG interview, Sharpton claimed that he rebuffed the FBI agents, who, he added, threatened to serve him with a subpoena to testify before a federal grand jury investigating King. After being confronted by the bureau, Sharpton said he consulted with an attorney (whom he declined to identify).

    Following bureau guidelines, agents formally opened a “137” informant file on Sharpton, a move that was approved by FBI supervisors, according to several sources. Agents anticipated using Sharpton in the “Crown Royal” case focusing on King, but during initial debriefings of their new recruit, it became clear that his contacts in the music business were equally appealing.

    Sharpton had met James Brown in the mid-70s, and became extremely close to the R&B superstar. He worked for and traveled with the mercurial performer, married one of Brown’s backup singers, and wore the same processed hairdo as the entertainer. Like Brown, Sharpton would sometimes even wear a cowboy hat atop his tribute conk.

    It was first through executives at Spring Records, a small Manhattan-based label affiliated with Brown, that Sharpton–who worked from the firm’s office–was introduced to various wiseguys, including Franzese. His circle of mob contacts would grow to include, among others, the Paganos, Carmine DeNoia, an imposing Pagano associate known as “Wassel,” and Joseph “Joe Bana” Buonanno, a Gambino crime family figure involved in record distribution and production.

    At one point before he was “flipped,” Sharpton participated in a mob scheme to create a business front that would seek a share of lucrative Con Edison set-asides intended for minority-owned businesses. That deal, which involved garbage collection contracts, cratered when the power company determined that Sharpton’s silent partner was Genovese captain Matthew “Matty the Horse” Ianniello. Details of the Con Ed plot emerged at a federal criminal trial of Ianniello and his business partner Benjamin Cohen. It was Cohen, who worked across the hall from Spring Records, who recruited Sharpton for the mob garbage gambit.

    After his attempted detour into waste management, Sharpton returned his focus to the music industry, which, as he observed in his first book, “is an extremely dirty endeavor, because it is a cash business.” Sharpton continued, “Music is a street business, and that’s where organized crime is, on the street.” Still, he noted, “I wanted to learn more.”

    One of Sharpton’s teachers was an ex-con named Robert Curington, a music producer with a questionable history.

    Curington, a standout running back at North Carolina Central University, played for several pro teams until injuries forced his retirement in 1969. He transitioned into music management and teamed with legendary WBLS DJ Frankie Crocker to promote concerts featuring R&B acts like Barry White, The Dramatics, and The O’Jays. At the time, Curington had a desk inside the Broadway office of Calla Records, a small soul label headed by Nate McCalla, a Morris Levy bodyguard/sidekick. McCalla, who was murdered in 1980, was, according to an NYPD report, also connected with Colombo crime family underboss John “Sonny” Franzese, father of Michael.

    In addition to his music pursuits, Curington also distributed heroin, according to Drug Enforcement Administration records.

    Curington was twice indicted on federal narcotics trafficking charges. After being acquitted in a 1975 case, he was arrested again in 1977 after agents found a kilo of heroin inside a briefcase in a cream-colored Thunderbird carrying Curington and pal Frank Townsend, DEA agents reported.

    According to prosecution filings in the second case, federal agents had twice observed Curington “transacting sales of heroin with a DEA informant” months prior to his arrest with Townsend. In a court opinion, a federal judge declared that the men “were known by the DEA agents to be major narcotics traffickers.” Curington was more charitable in his description of Townsend, whom he identified in one court filing as a fellow concert promoter who was “also in the adhesives business.”

    After a mistrial, Curington pleaded guilty to a single count related to the receipt of 480 bars of mannite, which traffickers use to cut heroin. In August 1978, he was sentenced to two years in federal prison on the felony charge, and ordered to serve three years of “special parole” upon his release from custody. The mannite, according to court and DEA records, had been delivered by an undercover agent to the Upper West Side apartment of Curington’s girlfriend.

    Curington, who was married with two young daughters, was also dating Sylvia Rhone after meeting the 25-year-old at Buddah Records, where she worked as an assistant. As a DEA informant sought to arrange the mannite delivery, he called Rhone in an effort to locate Curington. The informant told Rhone that Curington “asked me to get something for him and I contacted these people and I got it for him…and I’m sitting on it and holding it,” according to a DEA transcript of the recorded conversation. “Well, I think you should keep trying you know,” Rhone replied.

    Rhone, who was not charged in the narcotics case, would later become the music industry’s most influential female executive. Now 62, Rhone has previously headed the Elektra Entertainment Group and Universal Motown Records. Last month, she was appointed president of Epic Records, whose artist roster includes Michael Jackson, Prince, Outkast, and Ozzy Osbourne.

    While Curington was helping Rhone pay the rent on her West 90th Street apartment, his wife and children were living in New Jersey. As he explained in a letter to his sentencing judge, Curington’s “heart was in New York and the hearth was in New Jersey.”

    Curington’s kin had decamped to the Garden State after two gunmen forced their way into the family’s Upper East Side apartment and demanded money. One of the intruders accompanied Curington to a Chemical Bank branch, where he retrieved $11,000 from a safe deposit box. The other gunman held Curington’s pregnant wife hostage in the apartment until his partner received the cash. When Curington returned to his home, he found his wife tied to a chair, but otherwise unharmed. The gunmen, dressed as maintenance workers, also stole nearly $4000 in jewelry.

    A New York Times story about the home invasion described Curington as a “musical booking agent,” but made no mention that the crime appeared to be a by-product of his other business interests.

    In recent interviews, Curington, 72, described the mobbed-up Levy as his “rabbi.” Remarking on the wide influence of the Genovese crime family associate, who was worth $59 million at the time of his death, Curington said, “We all served the same God.” Curington, who was valued as a record promoter due to his friendship with Crocker, also spoke of working closely with Buonanno, a former Levy partner, and meeting with Joseph Pagano to get the Genovese soldier’s approval for certain music business endeavors.

    As for Sharpton, Curington said that he worked closely with the activist when Sharpton was “young and stupid and broke” and seeking to pressure large music labels and concert promoters into spending more money in the black community. Sharpton threatened to organize pickets and boycotts unless a target handed over money–usually in the form of a contribution to the National Youth Movement, the predecessor organization to Sharpton’s National Action Network. Sometimes, a block of concert tickets could also quash a protest.

    The youth group’s finances were in shambles, and Sharpton never bothered to file tax returns or New York State disclosure forms for the not-for-profit. Curington, who Sharpton named the organization’s “Vice President of Industrial Affairs,” helped the preacher organize demonstrations during which Sharpton splashed red paint on buildings that he identified as crack houses. Amidst all the newspaper and TV coverage of Sharpton’s stunts, nobody noticed that the reverend’s sidekick was a convicted felon familiar with the wholesale end of the narcotics business.

    While working with Sharpton, Curington was also partners with Buonanno, who owned a thriving record distribution business headquartered in an upper Manhattan warehouse, as well as several retail record stores. Curington and Buonanno, a volatile chain smoker, operated the Bullseye and Friends & Co. record labels, which specialized in Latin, Disco, and R&B releases. They shared producing credits on singer Esther Williams’s 1981 album “Inside of Me,” with Buonanno identified in the liner notes by his alias, “Joe Bana.”

    Of the two partners, Curington had the “ears” and musical ability. Buonanno, as Curington testified in a 2008 civil deposition, was not “musically inclined.” Curington added that Buonanno “spoke heavy Italian. He was a wise guy.”

    Buonanno grew up in East Harlem with Joseph Pagano, “Wassel” DeNoia, and an assortment of future hoodlums. He dropped out of high school after two years and joined the Marine Corps in 1943, only to soon go AWOL. Buonanno was subsequently arrested, court martialed, and sentenced to three years in prison, according to court records. He served about a year in custody and rejoined the Corps for 18 months of post-war service (which was split between China, Japan, Guam, and the Caroline Islands). He came back to New York and worked as a salvage operator and trucker before landing a job as general manager of an East Harlem-based garbage company owned by his uncles.

    Buonanno returned to federal custody in 1961 for his role in the sale of nearly half-a-kilo of heroin to an undercover Treasury Department agent (who paid about $6000 for the drug during a meet at a Queens motel). At trial, Buonanno, then 35, made it seem he was a naïf when it came to narcotics. During cross-examination by a federal prosecutor, Buonanno was asked, “Do you know what junk is?” He replied, “Before this courtroom, I always thought it took place in the junk shop.” In reply to a inquiry about his knowledge of heroin, Buonanno testified, “I read about it in the papers.”

    A federal jury later convicted both Buonanno and Francis Kenny on a pair of felony drug charges. Buonanno, though, handled the guilty verdict better than his 28-year-old codefendant. Immediately following the duo’s conviction, Kenny, while being escorted by a pair of marshals to a courthouse jail cell, broke free and dove over a stairway bannister, plunging about three floors to his death.

    Sentenced to five years in custody, Buonanno did some of that time in the Lewisburg, Pennsylvania lockup where “Chin” Gigante was concurrently incarcerated for heroin distribution, according to federal Bureau of Prisons records.

    Buonanno did not, however, serve his full sentence, thanks to a successful petition for executive clemency that argued he played a limited role in the heroin transaction. In a memo written two weeks after his brother was assassinated, Attorney General Robert F. Kennedy noted that he was willing to give Buonanno “some benefit of doubt,” and recommended that the felon’s sentence be immediately commuted. In March 1964, President Lyndon B. Johnson granted Buonanno’s clemency bid, springing him from prison a year early.

    ***

    After Sharpton agreed to cooperate with the FBI, agents debriefed him in an effort to identify avenues of investigation for which he could be helpful. Initially, the bureau adopted a “shotgun approach” when it came to their new confidential source, recalled one Genovese squad member. Sharpton, the investigator added, was an “informant in development” whom agents sent out to gather information from a wide variety of contacts. While Sharpton circulated in several target-rich environments, his greatest value would prove to involve mobsters.

    Sharpton told his FBI handlers about his prior involvement with several Mafia figures, including Genovese soldier Joseph Pagano, whose entertainment industry investments spanned decades. According to FBI files, Pagano–who federal agents suspected of involvement in several underworld hits–once used the Copacabana nightclub as his de facto office, and had interests in talent management and booking firms.

    Bureau sources reported that Pagano controlled singer Sammy Davis Jr., engaged in kickback schemes with several Columbia Records executives, had been offered an ownership interest in the Sands Hotel in Las Vegas, and even “lost a big roll [of money] to Dean Martin and Frank Sinatra.” These pursuits were slightly more glamorous than Pagano’s shylock book in Pomona or his numbers operation in Mamaroneck.

    In addition to probing Pagano’s racketeering activity, agents even sought to substantiate an informant report about the mobster’s private life. The bureau’s J. Edgar Hoover-era source indicated that when Pagano was jailed in upstate New York’s Sing Sing prison, he turned gay after engaging in “homosexual activities.”

    Pagano was also extremely close to Rodney Dangerfield, who performed at the wiseguy-choked 1973 nuptials of the hoodlum’s son Daniel, as well as the 1977 wedding of Pagano’s daughter, according to FBI records.

    Before his comedy career took off, Dangerfield–then known as Jack Roy–sold aluminum siding door-to-door, a tin man who pleaded guilty in 1955 to six criminal charges after investigators determined that he was fraudulently securing Federal Housing Administration loans in the names of customers. Dangerfield received a one-year suspended prison sentence and probation for those crimes (the disclosure of which the comedian successfully kept under wraps).

    So, like Pagano, Dangerfield was a convicted felon who knew what it was like to be investigated by the FBI. In fact, the young agent who arrested Dangerfield went on to spend more than a decade heading the organized crime division in the FBI’s New York City headquarters.

    Sharpton told investigators that he thought Pagano felt “indebted” to him because he once helped broker a business meeting for Pagano with Muhammad Ali and representatives of the boxer, who was then retired. Sharpton had also met with Pagano at a National Association of Recording Merchandisers convention in Florida and at the wiseguy’s residence. Additionally, Sharpton met with Pagano’s son Daniel in Florida, at a Manhattan office, and the Stage Deli.

    Sharpton also relayed to agents one of the elder Pagano’s favorite Dangerfield stories. The comedian, Pagano told Sharpton, spun a tale about how he was once pressured by a mobster who was trying to move in on a nightclub the performer owned. Dangerfield claimed the hoodlum demanded to know who the entertainer was “with,” shorthand for someone’s Mafia affiliation. “What do you mean? I’m here with my brother,” the clueless Dangerfield replied. The flustered mobster then reworded his inquiry, saying, “No, I mean who’s your rabbi?” To which the star answered, “Rabbi Horowitz!” The pair’s back-and-forth abruptly ended, Dangerfield claimed, with him getting smacked in the mouth. The story, apocryphal as it may have been, was a hit among underworld audiences.

    After Sharpton’s initial debriefings were completed, his role with the FBI transitioned, as one investigator recalled, from “informational to operational.” This shift roughly coincided with the formation of the first Joint Organized Crime Task Force, which paired FBI agents with New York City detectives (each agency initially contributed about six investigators and a couple of cars to the task force).

    The group, which would come to be called the “Genovese squad,” was headed by Henry Flinter, a veteran NYPD investigator, and FBI Agent John Pritchard, who was Sharpton’s handler. In this role, Pritchard would occasionally pay Sharpton small amounts of money, according to a Genovese squad member.

    As the task force ramped up, its members reviewed both FBI and NYPD files, as well as informant, physical surveillance, and electronic surveillance reports. As a result, the squad’s first target became clear: Vincent “Chin” Gigante. The feared mob boss had eluded prosecution for 20 years, a period during which he rose to power within the crime family named after Vito Genovese (for whom Gigante once worked as a chauffeur/bodyguard).

    The Genovese squad’s investigative plan was simple: Gather up fresh intelligence on the illegal activities of Gigante and his crew, then use that material to secure court-authorized listening devices that could yield valuable evidence against Mafia members and associates. Recalling the task force’s early investigative steps, one NYPD representative said, “We were building towards a wire.”

    And that is where Al Sharpton entered the picture.

    Investigators were particularly interested in the relationship Morris Levy had with the Genovese family’s leadership. The music industry power, who founded the legendary Birdland jazz club, owned Roulette Records and the Strawberries chain of retail music stores, and had muscled his way into control of the publishing rights of a massive song catalog.

    Levy was also notorious for hijacking songwriting credits in order to guarantee himself ongoing royalty payments. Most famously, he claimed to have co-written “Why Do Fools Fall in Love” with 13-year-old Frankie Lymon. The mogul, who made a career of gypping R&B artists, also held a stake in Sugar Hill Records, the pioneering New Jersey rap label whose artists included Kurtis Blow, The Sugarhill Gang, and Grandmaster Flash and the Furious Five.

    Despite being married and divorced five times, Levy was still worth in excess of $50 million, and had become the most valuable of underworld commodities–a reliable “earner.”

    Levy was closely aligned with Thomas “Tommy Ryan” Eboli, a Genovese captain who ran the family’s Greenwich Village crew, which included Gigante and two of his brothers. Eboli, who vacationed in Italy with Levy and had a stake in several of his companies, was rubbed out in 1972, two years after becoming the family’s acting boss. Control of Levy eventually passed to Gigante and his older brother Mario.

    Another Gigante sibling was also extremely close to Levy. Father Louis Gigante frequently socialized with the businessman, who gave the Roman Catholic priest a small property adjacent to his 1500-acre “Sunnyview Farm” in upstate Ghent, New York (which Levy used to entertain top record company executives, as well as the likes of McCalla, DeNoia, Curington, and Buonanno). Along with the free acre of land, Levy gave the priest a $32,000 mortgage at half the prevailing interest rate, according to real estate records. Gigante then built a ranch-style home on his property, which slopes down to a large pond.

    [Though Sharpton never met “Chin” Gigante or his two brothers who were also Genovese members, the reverend did once cross paths with Father Gigante at the Brooklyn federal courthouse. Sharpton was there in support of a Demoratic congressman on trial, while Gigante was at the opposite end of the sixth floor attending his brother’s racketeering trial. During a break in both cases, Gigante–who himself was once know for staging street protests–approached Sharpton and introduced himself. The men shook hands and spoke briefly, out of earshot of a reporter.]

    While Sharpton was circulating among mob-tied music industry figures, the Genovese squad was scrambling to develop background dossiers on their informant’s new acquaintances.

    Investigators specifically focused on Buonanno, who had once been partners in M.R.J. Record Distributors with Levy and Eboli. In interviews, several Genovese squad members said that Daniel Pagano introduced Sharpton to Buonanno, effectively vouching for the activist. Curington, on the other hand, told TSG that he made the introduction.

    In search of background on Buonanno, Genovese squad members reviewed FBI files that yielded little more than the New Jersey resident’s affiliation with the Gambino family, and the fact that agents had interviewed him years earlier about his sale of counterfeit Bob Dylan records. Buonanno–who told agents his name was “Joe Bana”–was not charged in connection with that piracy probe.

    As detailed in a series of FBI memos, the Genovese squad first asked a supervisor in the bureau’s Newark office for information on Buonanno’s telephone number. Then squad members began surveilling Buonanno’s tidy split-level home in leafy New Milford, where a BMW and Mercedes-Benz were parked in the driveway. At one point, agents were able to photograph the balding wiseguy, who was partial to zipper jackets. Each of the FBI memos noted that information about Buonanno was being developed in the course of a racketeering investigation of Gigante and his Genovese crew.

    In a second 1984 memo seeking help from Newark agents, a Genovese squad member wrote that Buonanno had recently been seen with Joe Pagano and another member of the Genovese family. Buonanno, the agent wrote, was affiliated with the recording industry in New York City, and was allegedly reported to be a made man “afforded a great deal of respect.”

    About two months after the Genovese squad began researching Buonanno, investigators decided it was time that their “shotgun approach” with Sharpton directed some spray at the Gambino crime family figure.

    Carrying the wired briefcase, Sharpton met with Buonanno on a Wednesday afternoon and recorded their conversation. While it was a short and uneventful encounter, the pair’s next meeting would prove valuable for the Genovese squad.

    Three weeks after their first meeting, Buonanno opened up to Sharpton about Levy’s affiliation with “Chin” Gigante, as well as his own rocky partnership with Levy and Eboli. That business relationship soured, Buonanno recalled, after Levy accused Buonanno’s brother of stealing from their record distribution company. Buonanno told Sharpton that Levy asked Eboli to murder his brother, a request that was brought before the mob’s ruling “Commission” since two different Mafia families were involved in the dispute. Buonanno recounted that Levy’s hit demand was ultimately denied, according to an FBI summary of the second taped Sharpton-Buonanno meeting.

    Over the following months, Sharpton met with Buonanno eight more times, surreptitiously recording the Gambino member on each occasion. During these encounters, an expansive Buonanno spoke about Gigante’s stranglehold on Levy, the hoodlum’s share of Levy’s retail chain, and how the businessman put up money for members of Gigante’s crew to purchase real estate.

    Buonanno also told Sharpton that Joseph Pagano had, over the prior two years, sought to have Levy killed due to his intercession in an extortion scheme. While that beef was eventually settled without bloodshed, said Buonanno, Levy was ordered to pay Pagano $100,000 following a Genovese family sit-down. Confiding that Levy had frequently tried to end his relationship with the Genovese gang, Buonanno told Sharpton that the wealthy businessman “has only one way out.” Buonanno then “gestured like someone pointing a gun and pulling the trigger,” according to an FBI affidavit.

    During one recorded meeting, Buonanno said that he had “learned a lot” from mob boss Carlo Gambino, whom he credited with shaping his career. He also spoke with Sharpton about a broad range of other Mafia topics, from loan sharks and numbers runners to a proposed African diamond deal and Gigante’s purported illiteracy.

    Buonanno told Sharpton that he was “in the joint with ‘Chin,’” adding that the Genovese boss “hates everyone not Italian.” He also claimed that Gigante “was present” at the Eboli rubout to “make sure it was done right,” since his Greenwich Village crew “hated Tommy Ryan.” Gigante, Buonanno declared, “is a throwback to 1930’s mobsters,” according to an FBI summary.

    Recalling Sharpton’s taping of Buonanno, an NYPD representative on the Genovese squad marveled, “Joe Bana just gave him a whole insight into how ‘Chin’ and Morris operated.” The source told of serving on a surveillance team during one Sharpton-Buonanno meeting at a Manhattan restaurant. The investigator accompanied squad leaders Pritchard and Flinter to a spot several blocks from the Upper East Side eatery, where they met up with Sharpton and handed him the wired briefcase. After eyeballing the restaurant while Sharpton was inside, the task force members reconnected with their informant after the meeting and retrieved the briefcase.

    Sharpton, whose handlers prepped him in advance of each Buonanno meeting, was also debriefed following those encounters. Each of his tapes was reviewed by multiple investigators, and one agent was responsible for preparing a detailed written recap of what was discussed on the recordings.

    Known as a “Summary of Pertinent Intercept,” those individual documents were released to TSG in response to a Freedom of Information Act request filed with the FBI. Before turning over the records, however, bureau officials redacted Sharpton’s name from the material (click here to view a representative report). Since Buonanno is deceased, his name appears in the reports because he is no longer entitled to Privacy Act protections. The “Non-telephone” intercept summaries were not contained in Buonanno’s personal FBI dossier, but rather in separate files related to the racketeering investigation of Gigante and his Genovese cohorts.

    When asked about Sharpton’s ability to draw out Buonanno on sensitive mob matters, a Genovese squad investigator said the informant excelled at “playing dumb.” But that analysis fails to recognize that Sharpton is quick on his feet and has been a gifted extemporaneous speaker since his days as a young Pentecostal “wonder preacher.” It is not hard to imagine that Sharpton could have easily kept his apprehensions in check and got Buonanno talking.

    [Though he has become more disciplined and less voluble, Sharpton has always been personable and easy to talk to, as most journalists could attest. Though he blamed this reporter for instigating a criminal investigation that resulted in his indictment for tax evasion, Sharpton never failed to accept subsequent phone calls or lunch invitations. In fact, he even made an appearance at this reporter’s 1995 bachelor party, invited by friends of the groom, who was not told Sharpton would be a surprise guest.]

    During the months that Sharpton was secretly recording Buonanno, he was simultaneously agitating for a role in a lucrative concert tour featuring Michael Jackson and his brothers. Though Don King was involved in the promotion of the “Victory Tour” of stadiums in the U.S. and Canada, Sharpton argued that the Jacksons were not giving enough back to the community that supported them since their days on the “black chitlin’ circuit.”

    In the face of boycott threats, Sharpton was named to head the Jackson tour’s “Pride Patrol,” a hastily assembled community outreach program. In his autobiography, Sharpton wrote that he was given a $500,000 budget to cover the distribution of free tickets during the 55-concert tour. He also claimed to have used some of the funds to “make donations” and hire poor kids to work security in the 22 cities the Jacksons visited. At one tour stop, a sweatsuit-clad Sharpton and some “Pride Patrol” enlistees presented Jackson with a framed certificate proclaiming that, “The Victory Tour Did Not Sell Out.”

    “I was later accused of extorting money from the Jacksons,” wrote Sharpton, who also was accused of scalping “Victory Tour” tickets. He denied those charges.

    Genovese squad members were aware of their informant’s “Victory Tour” involvement, since Sharpton was reporting back on his dealings with King. At one point, FBI agents learned that Sharpton could possibly accompany Michael Jackson to Washington, D.C. to meet with President Ronald Reagan. The prospect of allowing an active FBI informant to enter the White House–without telling anyone of Sharpton’s secret status as a cooperator–caused unease with FBI brass.

    White House records of Jackson’s meeting with Reagan, which came two months before the “Victory Tour” launch, show that Sharpton was not among the singer’s traveling party that May morning. An FBI source could not recall if investigators asked Sharpton not to attend the South Lawn ceremony, or whether he ultimately did not rate Jackson’s guest list.

    The “Victory Tour” sinecure came at an opportune time for the unemployed Sharpton since he was not flush–occasional payments from his FBI handler amounted to little more than “walking-around” money, as one investigator recalled. In fact, Curington said, Sharpton actually had to borrow money from Buonanno so that he could travel to join the Jackson tour (where promoters only disbursed money after concerts).

    Curington, who began working with Buonanno in 1975, said that he thought his partner wanted Sharpton’s help in getting involved with the “Victory Tour.” Curington said Buonanno also believed Sharpton could somehow help him get a particular artist signed to a music label. When TSG first spoke with Curington last year, he said it was “no secret” that Buonanno was a “wiseguy.” He then added, unprompted, “I can’t say what he did with the Gambinos.” A reporter had not previously specified Buonanno’s crime family affiliation.

    Buonanno, said Curington, had a low opinion of Sharpton, and called the 300-pound preacher a “nose picker” behind his back. The gangster, who died of throat cancer in 1998, might have resorted to harsher actions had he ever learned about Sharpton’s secret life as “CI-7.”

    Armed with Sharpton’s tapes and other fresh intelligence, the Genovese squad teamed with federal prosecutors to prepare a series of wiretap applications targeting “Chin” Gigante and his closest aides, including Venero “Benny Eggs” Mangano, Louis “Bobby” Manna, Dominick “Baldy Dom” Canterino, other made men, and crime family associates like Morris Levy.

    Federal judges in New York City, New Jersey, and upstate New York subsequently granted permission for the wiretapping of numerous telephones and the placement of listening devices inside Genovese social clubs and a series of vehicles used by Canterino to chauffeur Gigante. Each of those U.S. District Court applications included information gathered via Sharpton’s briefcase.

    But not every bugging attempt went smoothly.

    The squad’s first attempt to wire Canterino’s auto ended disastrously. The Cadillac was parked in front of the hoodlum’s home when an FBI agent broke into the auto early one morning and drove off with the car (which was to be quickly returned to its spot after the listening device was planted). “Piece of cake,” the agent radioed to nearby surveillance agents as he drove away in Canterino’s ride. “You’re burned,” replied a panicked NYPD detective who spotted Canterino at the window of his Brooklyn house watching his vehicle get stolen.

    “In retrospect, it was like a Keystone comedy,” laughed a former FBI agent who was on Canterino’s Gravesend block that day. “But it wasn’t so funny when it occurred.”

    The Cadillac would later be destroyed in an arson fire, prompting the Genovese squad to seek judicial permission to bug Canterino’s new Dodge. The “probable cause” for the second application included material from Sharpton’s recordings. When it became clear that Canterino had switched to a third vehicle, another Cadillac, agents got permission to place a listening device in that car. Again, the court application relied, in part, on Sharpton’s taped conversations with Buonanno.

    Canterino, an ex-longshoreman who had a forearm tattoo of an anchor with the word “Mom” inscribed within it, later told Genovese squad investigators he could not fathom how the bureau succeeded in bugging his car (albeit on the third try). Sitting in a Brooklyn diner with FBI agents Michael Ross and Ronald Parker Pearson, Canterino said he “prided himself as being an excellent burglar, and it was his own anti-theft device which he had installed in the automobile,” according to an FBI interview report.

    The Genovese squad also received court authorization to wiretap phones in Levy’s Manhattan office and his farm. Two lines in the Upper East Side residence of Gigante’s mistress were also bugged. That home, a townhouse between Park and Madison avenues, was purchased by Levy in 1981 for $520,000. Two years later, he sold the four-story property to Olympia Esposito, with whom Gigante had three children, for just $16,000. The Levy and Esposito wiretaps provided federal investigators with a detailed overview of how the businessman funneled millions in stock, cash, and other assets to Gigante’s paramour.

    The section of the FBI wiretap affidavits containing the fruits of Sharpton’s cooperation was titled “The Extortion From and Control of Morris Levy.” The initial November 1984 affidavit, which had to be rewritten to further mask Sharpton’s identity, noted that the confidential informant had been providing information to the bureau for more than a year. The source learned of the information provided to investigators “through conversations with members of four of the LCN families in New York City, as well as in conversations with LCN members from other parts of the United States,” according to the affidavit.

    As detailed in the various affidavits, the informant told FBI agents about Gigante’s control over Levy, how the mob associate was a “source of ready cash” for the Genovese gang, and that the only way Levy could escape the Mafia’s clutch was via his own death. The material placed in the affidavit was lifted directly from the bureau’s summaries of Sharpton’s meetings with Buonanno. While most of the FBI affidavits made it seem that “CI-7” was the primary source of information about Levy, Gigante, and Pagano, a latter court filing provided a more precise picture of how the informant operated. That affidavit reported that the snitch was “advised by a member of an LCN family” about the Genovese family rackets.

    The electronic surveillance carried out by the Genovese squad eventually proved devastating to Levy, Canterino, and an assortment of wiseguys who would be convicted, in part, based on those surreptitious recordings (for which Sharpton helped establish the “probable cause”).

    A month before Levy’s arrest on federal extortion charges, a pair of FBI agents went to his Roulette Records office to serve a grand jury subpoena for business records. While there, the investigators told Levy he had been the subject of electronic surveillance in the course of the Genovese squad probe. According to an FBI report memorializing the encounter, the agents told Levy that his life “may be in jeopardy due to the implication of Olympia Esposito and Vincent ‘Chin’ Gigante in the criminal investigation stemming from the activities of Levy.”

    Levy, though, made it clear that “flipping” was not in his future. Remarking that he knew what the “rules” were, Levy told agents William Confrey and Stephen Steinhauser that he had dealt with wiseguys for 40 years and “held no fear for his safety based on these relationships.” When the agents replied that he had a choice if he felt threatened, Levy said that, “the witness security program was a joke and could not adequately protect witnesses.”

    At the subsequent trial of Levy and Canterino, defense lawyers argued that the judge should direct prosecutors to identify several of the confidential FBI sources cited in wiretap affidavits. That request was denied after a Justice Department prosecutor responded that such a disclosure could result in the murder of the informants.

    Defense motions specifically referred to information provided to the bureau by informants dubbed “CI-7” and “CI-8” in FBI documents. What the lawyers for Levy and his codefendants did not realize, however, was that “CI-7” and “CI-8” were the same person–Sharpton. Due to a numbering switch, the reverend was referred to as “CI-8” in the narrative of some of the FBI affidavits. Defense counsel was not apprised by prosecutors that a single FBI informant had been identified with two separate “C-I” numbers.

    Levy was subsequently convicted of two felony counts and sentenced to a decade in prison, while Canterino got a dozen years. In pre-sentencing letters to the judge, Quincy Jones, Willie Nelson, Dizzy Gillespie, Tito Puente, and assorted record label executives saluted Levy’s charity and loyalty.

    While free on appeal, Levy died of cancer in May 1990 at his upstate New York home. Canterino, who had survived quadruple bypass surgery, died several years later while in Bureau of Prisons custody, a less bucolic departure point than Levy’s beloved Sunnyview Farm.

    With Sharpton’s help, the Genovese squad also secured a wiretap on the home phones of Federico “Fritzy” Giovanelli, a family soldier often seen at Gigante’s Sullivan Street social club, and two of the Queens wiseguy’s associates. Tapes from those bugs were subsequently used to help convict Giovanelli, Steven Maltese, and Carmine Gualtiere of a racketeering conspiracy that included the murder of Anthony Venditti, an NYPD detective assigned to the Genovese squad. Each of the men was sentenced to 20 years in federal prison, though the portion of the verdict dealing with the Venditti killing was subsequently vacated on appeal.

    The 34-year-old Venditti, a married father of four young daughters, was shot to death in January 1986 while he and a partner were surveilling Giovanelli. The Genovese soldier was tried three separate times on state murder charges. The first two trials ended in hung juries, while the third case, brought after the federal appeals ruling, resulted in Giovanelli’s acquittal.

    Genovese squad agents were actually monitoring Giovanelli’s phone on the evening of Venditti’s murder. They listened as his wife Carol dialed Maltese at 10:57 and yelled, “It’s all over TV. My kids are going crazy. He shot a cop!” She added, “Freddy shot a cop!” In the call’s background, sobbing can be heard. Later that evening, Giovanelli called home while in police custody and tried to calm his spouse. “Babe,” he said, “you know that’s not my style.”

    During a conversation last month, Giovanelli said that the FBI bug resulted in “5000 hours of me speaking with my friends about cooking” and other innocuous topics (which, to some degree, is true). Unaware of Sharpton’s work as an FBI informant, Giovanelli said that he thought the main reason his phone calls were intercepted was “because somebody got a broken jaw,” a reference to a record distributor who had run afoul of Levy & Co. and, as a result, got beaten by Gaetano “Corky” Vastola, a member of the New Jersey-based DeCavalcante crime family. The victim, who was being extorted by a coterie of hoodlums, cooperated with the FBI and entered the Witness Security Program.

    The gravelly-voiced Giovanelli, who has survived a couple of aneurysms and heart valve replacement surgery, suggested that a reporter look at “the good side” of Sharpton instead of plumbing the reverend’s past. “I feel sorry for him,” Giovanelli laughed. “Here’s a guy who lost a hundred pounds and along comes a Bastone wielding a bastone to ruin things.” In Italian, a “bastone” is a wooden cane.

    While Joseph and Daniel Pagano were not primary targets of the Genovese squad, the father-son combo was the focus of a parallel probe being conducted by investigators with the New York State Attorney General’s Office. And like their federal counterparts, the AG’s Organized Crime Task Force (OCTF) would also benefit from Sharpton’s work as an informant.

    Like the Genovese squad, state OCTF agents believed that listening devices would produce incriminating evidence against the Paganos and members of their Genovese crew. According to investigators with both task forces, a close relationship existed between the groups–so much so that several Genovese squad members ended up working for the state task force, which was headquartered in Westchester County, a Pagano stronghold.

    When the state OCTF sought court approval in January 1986 to place a listening device in Joseph Pagano’s Rockland County home, they cited a confidential FBI source who told his handlers that the mafioso conducted business in the basement of the Monsey house. In interviews, Genovese squad and state OCTF investigators identified Sharpton as the informant who provided a first-hand description of Pagano’s residence.

    As expected, that listening device–and several other OCTF bugs–generated a wealth of evidence against the Pagano crew. Joseph was overheard reminiscing about the days when he moved kilos of heroin with Anthony “Fat Tony” Salerno, a fellow son of East Harlem who preceded “Chin” Gigante as Genovese family boss. Pagano was also recorded giving a succinct analysis of his son Daniel’s executive limitations: “He’s an opener, not a closer,” Pagano said.

    The OCTF investigation, which spanned more than two years, ended in June 1989 with the indictment of five Genovese crime family figures on enterprise corruption charges. But only the younger Pagano ended up in the dock. His father, who had been seriously ill during the course of the OCTF probe, died two months before a grand jury accused his son and other underlings of engaging in mob staples like loan sharking, extortion, and gambling.

    Each defendant subsequently pleaded guilty to various criminal charges, so there was no public presentation of evidence against the men. Which meant that OCTF prosecutors did not have to further expound on the indictment’s allegation that Daniel Pagano “solicited the use of a bank account of the National Youth Movement” to launder money.

    Sharpton, who controlled that bank account, was not charged in connection with the Pagano investigation.

    * * *

    According to Sharpton’s most recent book, following the “Victory Tour,” King “decided that I should become a major concert promoter, working alongside him to become to the music industry what he was to the boxing world.” Sharpton–who formed a Georgia-based company, Hit Bound, Inc., to handle music promotions–wrote that he was also being urged by Michael Jackson and James Brown to enter the concert business.

    But, Sharpton declared, he opted for the more “uncertain path” of civil rights activism, eschewing the prospect of “big stacks of dollars that could be very helpful in raising a family.”

    Sharpton’s unique brand of activism included working with Curington to line up the endorsements of several prominent black ministers for Senator Al D’Amato, the conservative Republican incumbent then being challenged in the 1986 general election by liberal Democrat Mark Green. The ministers backing D’Amato included Bishop Frederick Douglas Washington, whom Sharpton has described as one of his spiritual mentors. The endorsements came several months after the The New Republic reported that D’Amato had privately referred to the residents of public housing projects as “animals.”

    In return for the endorsements, D’Amato–who was easily reelected–steered a $500,000 federal grant to Curington and Sharpton for the establishment of an anti-drug program in Brooklyn. According to a grant application, Curington, whose prior narcotics experience landed him on a DEA list of “Class 1” traffickers, was slated to serve as the program’s executive director. Sharpton and Curington, the application noted, also planned to secure an additional $750,000 in “corporate support” from eight record labels.

    The duo’s plan foundered, however, when officials at a Brooklyn church changed their mind about allowing a drug treatment facility to operate from a church building. As a result, the $500,000 grant was later canceled.

    At D’Amato’s request, Sharpton also arranged for Coretta Scott King to make a surprise appearance at the August 1988 Republican National Convention in New Orleans, according to a law enforcement official. Martin Luther King, Jr.’s widow, who Sharpton has called “my mentor,” sat in Vice President George Bush’s box, where she was greeted with a kiss by Barbara Bush.

    Sharpton apparently forgot about the six-figure D’Amato handout when he was penning his latest book. Claiming that his public positions were free of unseemly calculations, he claimed, “I never asked for public funding for anything, so there would be no confusion about my motives.”

    By the time Sharpton’s “uncertain path” led him to join the Tawana Brawley team in mid-December 1987–when he demanded the arrest of the “racial beasts who are terrorizing the state”–his four-year-long cooperation with law enforcement agencies had almost run its course.

    It had been five months since ex-FBI Agent Joe Spinelli steered him to the Los Angeles federal prosecutor who had to position himself at a pay phone when Sharpton was ready to drop a dime. And Sharpton’s work on behalf of the Brooklyn U.S. Attorney’s Office–also at Spinelli’s urging–was snuffed out in its infancy in January 1988.

    But while the Brawley affair left Sharpton radioactive for law enforcement, the same could not be said for his underworld contacts.

    Beginning in late-1987 and carrying through the following year, Sharpton and Curington worked together on behalf of Sugar Hill Records to broker a multimillion dollar deal with MCA Records in Los Angeles. In an interview, Curington valued the contract at $6.5 million, adding that he and Sharpton stood to split a hefty six-figure fee for arranging the deal with MCA chairman Irving Azoff.

    Sugar Hill was founded by Joe Robinson, a music industry veteran who, strapped for cash, took money from Morris Levy in return for a piece of the fledgling rap/R&B label. Like Levy and many of his peers in the rough-and-tumble record business, Robinson was unburdened by business ethics. “He was as greasy as a pork chop,” said Curington.

    The Sugar Hill-MCA deal eventually collapsed amid claims that Robinson had engaged in various financial malefactions. Which, of course, did not relieve the Sugar Hill boss of his financial obligation to Curington and Sharpton. At least that was how the duo saw it.

    Enveloped in debt and hurting for cash, Robinson nonetheless began getting a stream of unannounced visitors at Sugar Hill’s Englewood, New Jersey studio demanding that he pay Sharpton and Curington. On one occasion, “Joe Bana” Buonanno showed up with Genovese associate Mike Milano and confronted Robinson, who called a local cop to complain that he was being muscled by the men. Edward Stempinski, then an Englewood Police Department detective, recalled catching Buonanno and Milano at Sugar Hill, remarking that the duo “didn’t look like they should be going into a rapper’s studio.”

    During a trip to Englewood, Curington was busted after punching one of Robinson’s sons. Stempinski, now retired, said that in a post-arrest interview, Curington identified himself as vice president of Sharpton’s National Youth Movement. Sharpton, who was then living in Englewood with his wife and two young daughters, also took part in the debt collection effort, visiting Sugar Hill to hector Robinson about payment, said Stempinski.

    Referring to Joe Robinson, Curington admitted, in a TSG interview, to threatening the Sugar Hill boss over the money owed to him and Sharpton, adding that he warned Robinson that he would burn down Sugar Hill’s headquarters if they were not paid. Curington also admitted that he once went to Sugar Hill intending to “fuck up” Robinson, though he did not arrive solo. Curington said he was accompanied to the studio by Buonanno, “Wassel” DeNoia, and Daniel Pagano.

    In an interview in his Manhattan apartment, DeNoia said that he could not recall traveling to the Sugar Hill studios to lean on Robinson. Now 88, time and illness have stripped the hulking former bookmaker of his menace, though not his affection for Sharpton and Joseph Pagano, a close friend since their youth in East Harlem. DeNoia called Sharpton a “really dear friend of mine,” saying that they met when Sharpton handled music promotions. He recalled that Sharpton became “very close” to his boyhood friend, adding that the activist “loved Joe Pagano.”

    Stempinski, who shared details of the hoodlum caravan going westbound over the George Washington Bridge with several organized crime investigators, was surprised to discover that Sharpton had apparently learned of law enforcement’s monitoring of the Sugar Hill matter.

    The detective arrived at work one day to find a remarkable two-page letter had been mailed to him by Sharpton, who was then eight months into his defense of Tawana Brawley.

    Stempinski–who had never met or spoken with the activist–concluded that Sharpton sent the out-of-the-blue missive to him at the direction of Curington, whom Stempinski had been cultivating as a source. Curington, Stempinski recalled, “dropped dimes” on Sharpton, including a heads-up that the reverend was helping D’Amato orchestrate Coretta Scott King’s appearance at the 1988 Republican National Convention.

    The August 23, 1988 correspondence stated that Sharpton and Curington had been retained as “consultants” by Robinson, who thought he was “being unduly and unfairly treated for racial reasons” by MCA. The pair was hired, Sharpton wrote, due to their MCA contacts and “standing in the black music community.” Sharpton then recounted Curington’s immersion in the Sugar Hill-MCA deal, a diligence which came at the expense of other “private business” and “community efforts” with which the duo was involved.

    After noting that Robinson had leveled accusations of abuse against Curington, Sharpton dismissed those claims as false, stating that the Sugar Hill owner “fabricated” the allegations with the “intent of not meeting his obligations to me or Mr. Currington.” Sharpton declared that he would not tolerate “our movement, friends, co-workers, and associates to be prostituted and mis-used in this manner.”

    Sharpton’s letter to the Englewood detective concluded with the promise that, “I can assure you I am prepared to move legally and publically (marches, press conferences) to get my money, Mr. Currington’s money, and the movement’s money. I hope these activities will be solved soon.”

    Sharpton’s aggressive, preemptive strike made his position clear: He and Curington were victims of Robinson’s perfidy. And if anyone doubted that, they should prepare to endure the raucous Brawley-type protests for which Sharpton was becoming notorious.

    As for menacing guys showing up at Sugar Hill’s studio, well, Sharpton’s letter did not address the sticky subject of all those Italian-American debt collectors, a group that included Buonanno, the mafioso who, years earlier, had been secretly taped by “CI-7.”

    Sharpton told TSG that he could not recall writing to the New Jersey detective. Asked why an assortment of wiseguys would have been pressuring Robinson to pay a debt owed to him and Curington, Sharpton replied, “What makes you think I knew about that?”

    ***

    Two years before signing with MSNBC in 2011, Al Sharpton traveled to Los Angeles to try and sell a daytime TV show that would have starred him in a “Judge Judy”-type role. His partner in the “Judge Sharpton” endeavor was James Rosemond, a music industry executive who paid airfare, hotel, and other expenses related to the proposal (which did not ultimately secure a Hollywood green light).

    Like many of Sharpton’s prior business acquaintances, Rosemond, too, had a nickname: “Jimmy Henchman.”

    At the time of the “Judge Sharpton” pitch, Rosemond, who managed hip-hop artists, already possessed a lengthy rap sheet and had served nearly seven years in prison for various weapons and narcotics convictions. He also happened to head a large bi-coastal cocaine trafficking ring. The notorious drug kingpin is now serving life in prison for that criminal operation, proceeds from which Rosemond used to cover “Judge Sharpton” costs.

    In recent months, as Sharpton has been promoting his latest book, interviewers have not bothered to ask about Rosemond or any other gangsters to whom the civil rights leader has been linked.

    Instead, Oprah Winfrey, Wendy Williams, Matt Lauer, and others have focused on Sharpton’s trim figure, his growing political influence, and Brawley, the albatross that hangs around his neck like Flavor Flav’s clock. Viewers of these Q&A sessions learned that daily cardio workouts and a healthy diet (no meat, two pieces of whole wheat toast for breakfast, and no food after 6 PM) can help a guy shed 54.8 percent of his body weight.

    When he was last profiled on “60 Minutes,” Sharpton–“stately in his tailored suits”–was filmed inside the private Manhattan cigar club he frequents, as well as at a Sunday church pulpit. “I like folk that been knocked down and shamed and disgraced and somehow God picked them up and cleaned them off and brought ‘em back,” he told the cheering congregation.

    Near the conclusion of the 12-minute piece, correspondent Lesley Stahl introduced investigative reporter Wayne Barrett, who began covering Sharpton’s exploits more than 30 years earlier, when the activist was involved in Brooklyn political campaigns. Sharpton, Barrett said, was “in the civil rights business. I don’t think he’s a civil rights leader.”

    Barrett then wondered, considering Sharpton’s tawdry history, “Would anybody else be able to transcend that and be this larger than life figure?”

    “He has,” Stahl chirped.

    “Only because we let him,” replied Barrett.

    By William Bastone with Andrew Goldberg and Joseph Jesselli

    Find this story at 7 April 2014

    © 2014 TSG Industries Inc.

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