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Context of 'Shortly After 9:37 a.m.: FISA Judge Grants Five Warrantless Surveillance Requests Minutes after Pentagon Attack'

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Omar Mohammed Ali Rezaq is rendered from Nigeria to the US. [Grey, 2007, pp. 245] Rezaq had led the hijacking of an EgyptAir plane for the Abu Nidal group in 1985, and had been sentenced to 25 years in prison in Malta after the plane was re-taken there with much loss of life. However, Rezaq only served seven years before somehow leaving the prison and traveling to Ghana. When he attempts to enter Nigeria, he is seized by the local authorities and turned over to the FBI, which renders him to the US. Rezaq will later be sentenced to 25 years in jail in the US for air piracy, and Judge Royce Lamberth will recommend that any request for parole be rejected. The other hijackers died when the plane was retaken. [CNN, 10/7/1996]

Entity Tags: Federal Bureau of Investigation, Royce Lamberth, Omar Mohammed Ali Rezaq, Abu Nidal

Timeline Tags: Torture of US Captives

Royce Lamberth’s letter to John Ashcroft, obtained by the 9/11 Timeline by Freedom of Information Act request.Royce Lamberth’s letter to John Ashcroft, obtained by the 9/11 Timeline by Freedom of Information Act request. [Source: Foreign Intelligence Surveillance Court]The Justice Department’s Office of Intelligence Policy and Review (OIPR) discovers that an application for a warrant under the Foreign Intelligence Surveillance Act (FISA) is misleading. The application is for surveillance of the Palestinian militant group Hamas and the supporting affidavit was signed by FBI agent Michael Resnick. The Justice Department’s Office of Professional Responsibility (OPR) is already investigating dozens of similar errors in FISA warrants for surveillance of al-Qaeda targets in the US (see Summer 2000-September 11, 2001). The application is misleading because its does not accurately describe the “wall” procedures being followed by several FBI field offices. Wall procedures regulate the passage of information from FBI intelligence agents to FBI criminal agents and local US attorneys’ offices. The misleading description is also found in another 14 warrant applications for surveillance of Hamas. The impact of the misleading statements in the Hamas investigations has not been disclosed, but in the al-Qaeda cases the wall was breached because criminal agents had unrestricted access to intelligence information (see Summer-October 2000). Royce Lamberth, Presiding Judge on the FISA Court, writes to Attorney General John Ashcroft saying it will no longer accept any applications where the supporting affidavit is signed by Resnick and asking for an immediate inquiry. [Foreign Intelligence Surveillance Court, 3/9/2001 pdf file; New York Times, 9/19/2001; New York Times, 5/27/2002; Washington Post, 8/23/2002; Arab News, 3/3/2004; US Department of Justice, 11/2004, pp. 39 pdf file] The Justice Department’s investigation into the misleading applications finds that “none of [them]… were the result of professional misconduct or poor judgement,” but that “a majority of the errors were the result of systemic flaws.” [US Department of Justice, 11/2004, pp. 40 pdf file] Following the discovery of the errors in the FISA applications, surveillance of al-Qaeda and Hamas targets in the US is curtailed (see April 2001). Resnick remains with the bureau and will become head of the Joint Terrorism Task Force in North Carolina and then chief of the Terrorist Identities Group at the FBI’s National Counter Terrorism Center. [US Congress, 3/30/2006; WCNC, 6/20/2006]

Entity Tags: John Ashcroft, Foreign Intelligence Surveillance Court, Foreign Intelligence Surveillance Act, Michael Resnick, Catcher’s Mitt, Royce Lamberth, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Royce Lamberth, head of the FISA court which grants warrants for intelligence cases, grants five warrantless surveillance requests minutes after the Pentagon attack. Lamberth will later report being stuck in a carpool lane near the Pentagon when it is hit. With his car enveloped in smoke, he calls US marshals to help him get to his office. Lamberth will later say that by the time officers reached him, “I had approved five FISA coverages [warrants] on my cellphone.” [Associated Press, 6/24/2007] Presumably this represents the start of a flurry of surveillance activity in response to the 9/11 attacks, but it is not known who was to be monitored or how their names were learned and acted on so quickly.

Entity Tags: Royce Lamberth

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

California “birther” lawyer Orly Taitz, mounting a longshot candidacy for California secretary of state, has another lawsuit, Taitz v. Obama, thrown out of court. The lawsuit is another in a series of legal attempts by Taitz to challenge President Obama’s citizenship and have a court remove him from the presidency (see March 13, 2009, August 1-4, 2009, September 16-21, 2009, October 29, 2009, and October 13-16, 2009). Judge Royce C. Lamberth, in his ruling, writes, “The Court is not willing to go tilting at windmills with her.” Lamberth refuses to allow Taitz to refile a lawsuit challenging Obama’s citizenship in a Washington, DC, federal court. Lawyers for Obama had asked that the case be dismissed because, among other things, Taitz does not have standing to bring it because she has not been harmed and the courts have no authority to remove a sitting president. [Orange County Register, 4/16/2010]

Entity Tags: Royce Lamberth, Barack Obama, Orly Taitz

Timeline Tags: Domestic Propaganda, 2008 Elections

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