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Context of 'December 3, 2005: FBI Whistleblower Exonerated by Justice Department Report'

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Mike German.Mike German. [Source: Publicity photo]FBI agent Mike German is assigned to a counterterrorism case involving international militant groups. Apparently a domestic militia group in Tampa, Florida is considering allying with a major, unnamed militant Islamic organization. He becomes concerned that the investigation will fail due to “grave violations of FBI policy and possibly even grave violations of the law.” He complains to the Justice Department’s inspector general, claiming that FBI managers have falsified records, failed to properly handle evidence, falsely discredited witnesses, and failed to adhere to laws and regulations about electronic surveillance. German also sends his complaints directly to FBI Director Robert Mueller. But Mueller does not respond. Some time after German submits his complaints, he is removed from the case. “The phone just stopped ringing, and I became a persona non grata. Because I wouldn’t let this go away, I became the problem.… My entire career has been ruined, all because I thought I was doing the right thing here.” Frustrated with the bureau’s continuing mismanagement, he will retire from the FBI in 2004. [New York Times, 8/2/2004; Government Executive, 1/26/2005] German will later be exonerated in a 2005 Justice Department report investigating his charges (see December 3, 2005).

Entity Tags: Office of the Inspector General (DOJ), Mike German, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, Civil Liberties, US Domestic Terrorism

President Bush terminates an investigation into controversial Republican lobbyist Jack Abramoff by firing the US Attorney supervising the investigation. A US grand jury in Guam has been investigating a secret arrangement between Abramoff and Superior Court officials to lobby against a court reform bill pending in Congress since February 2001 that would give the newly formed Guam Supreme Court authority over the Superior Court. The bill passed. Abramoff—a $750-an-hour lobbyist and former member of the Bush-Cheney transition team—was paid by a series of $9,000 checks, totaling $324,000, funneled through Laguna Beach, California, lawyer Howard Hills. The arrangement was designed to hide Abramoff’s role in working for the Guam court. On November 18, Acting US Attorney for Guam and the Northern Mariana Islands Frederick A. Black issued a subpoena demanding that a Superior Court official turn over all records involving the lobbying contract, including bills and payments. (Black had already launched an investigation into the former governor of Guam, Carl Gutierrez, for diverting government funds for personal gain; Black apparently intended to tie the two investigations together.) However, today Black is abruptly demoted, with the White House issuing a statement announcing that it will name a replacement for him. Although Black is considered an “acting” US Attorney, he has held the post for over 10 years. Now he is demoted to an Assistant US Attorney and barred from continuing his investigations. Those investigations are now in limbo. In May 2003, Black will be replaced by Leonardo Rapadas without any Senate debate. Rapadas will be chosen for the job by Guam Republicans; lobbyist Fred Radewagen, who worked for the Gutierrez administration, will carry the recommendation to White House political chief Karl Rove in early 2003. (Radewagen has access to the top levels of the White House, including Rove.) Rapadas will quickly recuse himself from the Gutierrez investigation and the Abramoff grand jury will be dismissed. [Los Angeles Times, 8/8/2005; Nation, 2/2/2006] Later investigation will show that Gutierrez hired Abramoff in the spring of 2002 to help him force Black out of office. “I don’t care if they appoint [B]ozo the [C]lown, we need to get rid of Fred Black,” Abramoff wrote to colleagues in March 2002. Black began investigating Abramoff for the $324,000 contract Abramoff had received, and in return Abramoff asked for help from the Justice Department (DOJ). In turn, the DOJ forwarded the information to White House counsel Alberto Gonzales. And, White House political director Ken Mehlman told White House official Leonard Rodriguez, a protege of Rove, to “reach out to make Jack [Abramoff] aware” of all Guam-related information, including people being considered to replace Black. “Abramoff claimed he had a top political guy at DOJ he could go to, to get rid of Black,” a source will tell reporter Ari Berman. In May 2002, Abramoff had a risk-assessment report of Guam and the neighboring Northern Marianas Islands (CNMI) killed; the report, requested by Black, called for the federalizing of immigration laws on the islands, a rule change that would have slowed the influx of cheap labor to CNMI, as well as jeopardizing Abramoff’s $1.6 million contract with the local government. (In CNMI, workers are paid $3.05 an hour to make clothing branded “Made in the USA.”) Abramoff learned of the report from David Ayres, then the chief of staff for Attorney General John Ashcroft, whom Abramoff hosted at a Washington Redskins football game. Not only was the report quashed, its author, regional security specialist Robert Meissner, was demoted. Meissner later told people that he thought his boss at the time, Paul McNulty, the US Attorney for Eastern Virginia, “had everything to do with” suppressing the report. McNulty later became deputy attorney general. A colleague of Meissner’s will later say: “McNulty was kind of the fireman at Justice. He was the guy trying to run around and put a lid on things that could become political, especially with Abramoff.” Another element of the effort to rid Guam of Black was to paint him as a supporter of President Clinton, although he was appointed by the first President Bush, and Gutierrez himself was a Democrat. In November 2002, Black asked the DOJ’s Public Integrity Section (PIN) for help in investigating Abramoff’s lobbying activities. McNulty was forwarded the request, as was Gonzales. The DOJ offers no help to Black. Days later, after Black convenes a grand jury to look into Abramoff’s activities, Black is removed as US Attorney. “Fred was removed because he asked to indict Abramoff,” one of Black’s colleagues at Justice will later tell Berman. “I don’t believe it was a coincidence.” In June 2006, the DOJ’s Office of the Inspector General (OIG) will determine that nothing untoward occurred in the Black firing. However, the report will be based largely on information provided by the administration, including apparently misleading testimony from Kyle Sampson, then chief of staff to Gonzales, who had by that time become attorney general. Rapadas was only chosen to replace Black after Black had launched his probe into Abramoff’s doings. David Sablan, who headed the Guam Republican Party at the time, will say in 2007, “I just wonder whether they wanted to prevent Fred Black from staying on.” The OIG report will indicate that Sampson discussed the US Attorney candidate for Guam and other posts with President Bush, a statement Bush will later disavow. [Nation, 2/2/2006; Nation, 4/16/2007]

Entity Tags: John Ashcroft, Ken Mehlman, Karl C. Rove, Leonardo Rapadas, Public Integrity Section, Paul J. McNulty, Robert Meissner, Office of the Inspector General (DOJ), Howard Hills, Jack Abramoff, George W. Bush, Clinton administration, Carl Gutierrez, Guam Supreme Court, D. Kyle Sampson, David Ayres, David Sablan, Alberto R. Gonzales, Frederick A. Black, Fred Radewagen, Ari Berman

Timeline Tags: Civil Liberties

FBI agent Mike German quits the FBI and becomes a whistleblower against the bureau. He claims that FBI superiors committed illegal acts to hinder his investigation into terrorism in Florida (see September 2002). He complains, “What’s so frustrating to me is that what I hear the FBI saying every day on TV when I get home, about how it’s remaking itself to fight terrorism, is not the reality of what I saw every day in the field.” He also says, “Opportunities to initiate proactive investigations that might prevent terrorist acts before they occur, which is purported to be the FBI’s number one priority, continue to be lost, yet no one is held accountable.” He cites “a continuing failure in the FBI’s counterterrorism program” which is “not the result of a lack of intelligence, but a lack of action.” [New York Times, 8/2/2004]

Entity Tags: Federal Bureau of Investigation, Mike German

Timeline Tags: Complete 911 Timeline

A report by the Justice Department’s Office of the Inspector General is leaked to the New York Times. The report largely backs the allegations made by whistleblower ex-FBI agent Mike German (see September 2002 and August 2, 2004). It finds that FBI officials mishandled a terrorism investigation German was involved in, falsified documents in an effort to cover up agency mistakes, and retaliated against German. In one instance, someone altered dates on three FBI forms using correction fluid to conceal a violation of federal wiretap law. After German tried to complain directly to FBI Director Robert Mueller, other FBI agents distanced themselves from him. For instance, the head of the FBI undercover unit, Jorge Martinez, froze German out of teaching assignments and told another agent that German would “never work another undercover case.” [New York Times, 12/3/2005] Notwithstanding, German is critical of the inspector general’s report. He says the authors of the report distorted some facts and failed to fully investigate whether the investigation he was working on was a genuine terrorist conspiracy. [Government Executive, 12/12/2005]

Entity Tags: Federal Bureau of Investigation, Office of the Inspector General (DOJ), Jorge Martinez, Mike German

Timeline Tags: Complete 911 Timeline

The Justice Department’s Inspector General, Glenn Fine, writes to Senators Richard Durbin (D-IL) and Sheldon Whitehouse (D-RI). Fine is responding to their request for an investigation of Justice Department officials’ role in authorizing and overseeing the use of waterboarding by CIA interrogators at the Guantanamo Bay detention facility. Fine notes: “[U]nder current law, the OIG [Office of the Inspector General] does not have jurisdiction to review the actions of [Justice Department] attorneys acting in their capacity to provide legal advice. Legislation that would remove this limitation has passed the House and is pending in the Senate (see April 23, 2008), but at this point the OIG does not have the jurisdiction to undertake the review you request.” [US Department of Justice, 2/19/2008 pdf file]

Entity Tags: US Department of Justice, Richard (“Dick”) Durbin, Glenn Fine, Sheldon Whitehouse, Office of the Inspector General (DOJ), Central Intelligence Agency

Timeline Tags: Torture of US Captives, Civil Liberties

The Department of Justice (DOJ) releases a long-anticipated report on the alleged torture and abuse of terrorist suspects in US custody. The report was spurred by a Congressional request after Freedom of Information Act (FOIA) requests showed that FBI agents at Guantanamo had raised concerns about CIA- and military-conducted interrogations. The report identifies then-National Security Adviser Condoleezza Rice as a recipient of complaints of torture. [American Civil Liberties Union, 5/20/2008] The report, issued by DOJ Inspector General Glenn Fine, shows that CIA officials regularly ignored DOJ warnings that the interrogation tactics they were using amounted to “borderline torture.” The report also concludes that the Defense Department is ultimately responsible for how prisoners in military custody are being treated. As a result, the report finds no reason to bring criminal complaints against CIA officials or interrogators.
'Seven Months of Foot-Dragging' - The report documents what CBS News calls “seven months of foot-dragging” by the Pentagon, which attempted to water down the report. Failing that, the report cites numerous instances where Pentagon officials attempted to redact information in the report from public view. The report is lightly redacted.
FBI Praised for Legal, Non-Coercive Interrogation Techniques - The report generally praises the FBI’s own interrogation efforts, methods, and results. It confirms that when CIA officials became impatient with what they were calling “throwaway results” by FBI interrogators, particularly in the case of Abu Zubaida (see April - June 2002), the CIA took over interrogations of prisoners such as Zubaida and began using harsh, torturous techniques. The FBI pulled its agents from the ongoing interrogations, refusing to participate in what it considered to be illegal actions (see May 13, 2004). (In 2009, a former FBI interrogator will confirm that the FBI gathered far more useful information from its non-coercive techniques than the CIA did with its “borderline torture” methods—see Late March through Early June, 2002 and April 22, 2009.) [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Witnesses to Torture - However, the report makes clear that FBI agents witnessed harsh interrogations that may have constituted torture at three locations—Baghdad’s Abu Ghraib prison, Afghanistan’s Bagram Air Force Base facility, and Guantanamo Bay. FBI agents are explicitly banned from using brutality, physical violence, intimidation, or other means of causing duress when interviewing suspects. Instead, the FBI generally tries to build a rapport with suspects to get information. “Beyond any doubt, what they are doing (and I don’t know the extent of it) would be unlawful were these enemy prisoners of war,” one FBI employee, senior FBI lawyer Spike Bowman, reported. Bowman worried that the FBI would be “tarred by the same brush,” when asked whether the FBI should refer the matter to the Defense Department Inspector General, and added, “Were I still on active duty, there is no question in my mind that it would be a duty to do so.” The report cites two FBI agents at Guantanamo who “had concerns not only about the proposed techniques but also about the glee with which the would-be [military] participants discussed their respective roles in carrying out these techniques, and the utter lack of sophistication and circus-like atmosphere within this interrogation strategy session.” [CBS News, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Blocking Access to Zubaida - CIA general counsel John Rizzo refused to let DOJ investigators interview Zubaida for the report. The CIA has admitted that Zubaida was waterboarded (see Mid-May, 2002, March 2002 and April - June 2002). The report says that the CIA’s denial of access to Zubaida was “unwarranted,” and “hampered” the investigation, and contrasts the CIA’s actions with those of the Defense Department, which allowed DOJ investigators to interview Guantanamo prisoners. Rizzo told the DOJ that Zubaida “could make false allegations against CIA employees.” [Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Split over Al-Khatani - The rift between the CIA and FBI came to a head over the treatment of Mohamed al-Khatani, one of several suspected terrorists accused of being the fabled “20th hijacker” for the 9/11 attacks (see December 2001). According to the report, al-Khatani was abused in a number of ways by military interrogators at Guantanamo; the report cites the use of attack dogs, shackling and stress positions, sexual humiliation, mocking al-Khatani’s religion, and extended sleep deprivation among other tactics. FBI officials complained to the White House after learning that military interrogators forced him to “perform dog tricks,” “be nude in front of a female,” and wear “women’s underwear on his head.” Al-Khatani did eventually “confess” (see July 2002), but FBI officials expressed serious doubts as to the validity of his confession, both in its accuracy and in its admissability in a criminal court. The then-chief of the Guantanamo facility, Major General Geoffrey Miller, ordered a “relentless” and “sustained attack” on al-Khatani. “The plan was to keep him up until he broke,” an FBI agent told superiors, and some of those superiors worried that those techniques would render his confession inadmissible. Al-Khatani was hospitalized for hypothermia during those interrogations. His lawyer, Gitanjali Gutierrez, says her client recently attempted suicide because of his treatment. “The tactics that were used against and the impact, the pain and suffering it caused him and the damage that it caused him does rise to a level of torture,” she says. The government recently dropped all charges against al-Khatani (see October 26, 2006 and January 14, 2009), because if he had been brought to trial, all of the evidence of his treatment would be made public. [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]

Entity Tags: US Department of Justice, Glenn Fine, John Rizzo, Marion (“Spike”) Bowman, Gitanjali Gutierrez, Geoffrey D. Miller, Federal Bureau of Investigation, Condoleezza Rice, Abu Zubaida, Mohamed al-Khatani, Central Intelligence Agency, US Department of Defense

Timeline Tags: Torture of US Captives

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