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Michael Novakhov - SharedNewsLinks℠

France To Host Russian Defense And Foreign Ministers For Talks


Michael_Novakhov
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from Radio Free Europe / Radio Liberty.

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Senior French officials will host the Russian foreign and defense ministers for talks in Paris on November 12 on Ukraine, Russia’s activities in West Africa, and the Iranian nuclear program, the French government announced on November 9.

French Foreign Minister Jean-Yves Le Drian and Defense Minister Florence Parly will meet their Russian counterparts Sergei Lavrov and Sergei Shoigu on the sidelines of a conference on Libya, a French statement said.

The meeting will be the first in the so-called “2+2” format of foreign and defense ministers since last year’s poisoning of opposition leader Aleksei Navalny brought relations between Russia and the West to a new low.

France canceled a similar meeting it was due to host with Lavrov and Shoigu in September last year in the aftermath of the poisoning.

Western countries accused Moscow of using a nerve agent to try to kill Navalny, and the European Union imposed sanctions on Russian officials following the incident.

Navalny and his supporters say the poisoning was carried out by Russian Federal Security Service (FSB) operatives at the behest of President Vladimir Putin in retribution for Navalnyxe2x80x99s political activities. The Kremlin has denied any role in the incident.

Navalny was subsequently imprisoned earlier this year on charges that he and his supporters say are politically motivated.

However, French President Emmanuel Macron has long sought a dialogue with Putin, considering it unwise to shun Russia in the international arena.

“This meeting is part of the demanding dialogue that France continues with Russia,” the statement from the French foreign and defense ministries said.

It said that the French ministers would notably raise concerns over Russian actions in Africa, where observers say Russian mercenaries are operating in an area where French troops are also deployed.

Based on reporting by AFP and TASS

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US warns Moscow embassy could stop functioning in row over visas | US foreign policy


Michael_Novakhov
shared this story
from The Guardian.

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The US embassy in Moscow could stop performing most functions next year unless there is progress with Russia on increasing the number of visas for diplomats, a US official has warned.

The United States earlier this month stopped processing visas in Moscow, and Russians are obliged to travel to the US embassy in Warsaw.

xe2x80x9cWe need to make progress soon,xe2x80x9d a senior state department official told reporters.

xe2x80x9cWexe2x80x99re going to confront the situation xe2x80x93 not next month, but sometime next year xe2x80x93 where itxe2x80x99s just difficult for us to continue with anything other than a caretaker presence at the embassy,xe2x80x9d he said.

xe2x80x9cWe will do everything humanly possible to keep that mission open,xe2x80x9d he said, while warning that more functions of the embassy, such as sending diplomatic cables, would become difficult without more staff.

Russia and the United States withdrew their ambassadors in April after the incoming Biden administration issued sanctions and expelled 10 Russian diplomats over actions including the SolarWinds cyber attack and election interference.

Those ambassadors returned in June, but the staff at the embassy in Moscow xe2x80x93 the last operational US mission in the country after consulates in Vladivostok and Yekaterinburg were shuttered xe2x80x93 has shrunk to 120 from about 1,200 in early 2017, the state department official told reporters at a briefing.

He said that the United States lacked staff for basic tasks such as opening and closing the embassy gates, ensuring secure telephone calls and operating the elevators.

Russia on 1 August barred embassies from hiring Russian or third-country staff, forcing the United States to lay off more than 200 locals at missions across Russia, according to the state department.

The United States complains of a lack of reciprocity with Moscow, which counts local staff in its tally of US diplomats, while Washington only factors in Russian nationals in its limit on numbers.

The United States has about 120 people at its Russian missions, far down from 1,200 in 2017, while Russia has 230 people in the United States, excluding those posted in New York for its UN mission.

xe2x80x9cThey have a much bigger presence here in the United States than we have in Russia,xe2x80x9d the official said.

Russia and the United States continue to engage in talks over nuclear threat reduction and climate change, but relations remain strained by issues like the Nord Stream 2 gas pipeline to Europe and Vladimir Putinxe2x80x99s suppression of his domestic opponents.

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Michael Novakhov - SharedNewsLinks℠

Russia blocks website that exposed Putin’s cleaner-turned-millionaire ‘mistress’


Michael_Novakhov
shared this story
from News | Mail Online.

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Russia has blocked the website that exposed President Vladimir Putin‘s cleaner-turned-millionaire ‘mistress’ and herxc2xa0 ‘xc2xa374m business empire’.

Proekt, which also published axc2xa0series of exposes of the country’s super-wealthy elite, was blocked after it claimed, among other things, that Svetlana Krivonogikh, 46,xc2xa0was in a relationship with the then-married Kremlin leader before and after he first became president in 1999.

It also published allegations her daughter – Elizaveta, or Luiza, now 18 – was fathered by Putin, and is his third daughter after Maria and Katerina from his marriage.xc2xa0

The news outlet, known in English as Project, was earlier designated by the Kremlin a ‘foreign agent’ and an ‘undesirable organisation’ – the same labels given to opposition leader Alexei Navalny‘s Anti-Corruption Foundation.xc2xa0

Proekt founder Roman Badanin, who has halted his work in Russia where he faces jail on ostensibly unrelated charges, was also labelled a ‘foreign agent’ over the sites’s alleged US backing.xc2xa0

Russia's state media watchdog has blocked an investigative news website after it revealed details of Vladimir Putin's alleged former mistress and love child

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Russia’s state media watchdog has blocked an investigative news website after it revealed details of Vladimir Putin’s alleged former mistress and love child

Proekt published claims Svetlana Krivonogikh, 46, (pictured) was in a relationship with the then-married Kremlin leader before and after he first became president in 1999

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Proekt published claims Svetlana Krivonogikh, 46, (pictured) was in a relationship with the then-married Kremlin leader before and after he first became president in 1999

Proekt also published allegations her daughter - Elizaveta, or Luiza, now 18 (pictured) - was fathered by President Putin, and is his third daughter

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Proekt also published allegations her daughter – Elizaveta, or Luiza, now 18 (pictured) – was fathered by President Putin, and is his third daughter

Proekt was blocked in Russia after it published an investigative article (pictured) including details of President Putin's alleged mistress and love child

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Proekt was blocked in Russia after it published an investigative article (pictured) including details of President Putin’s alleged mistress and love childxc2xa0

The move by Roskomnadzor to ban the site reportedly came at the behest of the country’s prosecutor-general.xc2xa0

The Ministry of Justice has claimed the company behind Proekt posed ‘a threat to the foundations of the constitutional order and security of the Russian Federation’.xc2xa0xc2xa0xc2xa0

The outlet’s investigative journalists had claimed Krivonogikh owned a business empire worth in excess of xc2xa374 million, including a yacht that has been seen under naval escort in St Petersburg.

The recent Pandora Papers leak also linked her to a xc2xa33.1 million luxury fourth-floor home, located in the Monte Carlo Star apartment block just below the famous casino, in Monaco.xc2xa0

The papersxc2xa0also revealed her total worth to be around $100million.xc2xa0

A series of photos posted to Instagram -xc2xa0one showing a firework display, one of a rainbow overlooking the ocean, and a third showing yachts in the harbour – also linkedxc2xa0Krivonogikh and her daughter to the apartment.xc2xa0

On the yacht photo, which was posted in 2014, daughter Elizaveta replied with comment which said: ‘Beautiful! I know this place!’xc2xa0

Her other assets, many of which are also controlled by offshore firms, include a yacht as well as shares of some of Russia’s most-valuable state-owned firms.xc2xa0

Neither Krivonogikh nor her daughter has commented on the disclosures which unmask the hidden financial dealings of world leaders and their associates.xc2xa0

Svetlana Krivonogikh, 46 and believed to be Putin's mistress, owns a $4million apartment in Monte Carlo through a secretive offshore firm, the Pandora Papers have revealed

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Svetlana Krivonogikh, 46 and believed to be Putin’s mistress, owns a $4million apartment in Monte Carlo through a secretive offshore firm, the Pandora Papers have revealed

Photos posted toxc2xa0Krivonogikh's social media further link her with Monaco, including this one of a firework display over the ultra-rich enclave

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Photos posted toxc2xa0Krivonogikh’s social media further link her with Monaco, including this one of a firework display over the ultra-rich enclave

Krivonogikh also posted this image of Monaco's harbour from Monte Carlo, which her daughter and alleged Putin lovechild commented on - saying: 'I know this place!'

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Krivonogikh also posted this image of Monaco’s harbour from Monte Carlo, which her daughter and alleged Putin lovechild commented on – saying: ‘I know this place!’

Kremlin brushes off Pandora Papers leak and investigation

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Since being ‘outed’ by the opposition media last year, student Luiza has become a social media star with more than 80,000 followers, her own fashion line, and has been in demand as a DJ.

In recent months, she had spent time in Paris despite the Covid-19 restrictions.

Neither she nor her mother has commented on the Proekt claims but Luiza told Russian GQ that she ‘probably’ looks ‘similar’ to a young Putin.xc2xa0xc2xa0xc2xa0xc2xa0xc2xa0

Putin’s spokesman said when the story originally broke that the love child allegations were ‘not very convincing’ and ‘de facto unfounded’, but this has not prevented widespread speculation.

Another image from Krivonogikh's social media showed a rainbow over an ocean view, which she also tagged as being taken in Monaco

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Another image from Krivonogikh’s social media showed a rainbow over an ocean view, which she also tagged as being taken in Monaco

Elizaveta

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Elizaveta

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Elizaveta isxc2xa0Krivonogikh’s daughter and is believed to be Putin’s lovechild. Her mother suddenly came into wealth after her birth in 2003

Proekt’s closure coincides with a Washington Post article by Badanin – now a John S. Knight Senior International Journalism Fellow at Stanford University – headlined: ‘Why we should care about Putin’s love life’.

In it he argued: ‘Where Krivonogikh got her wealth is relevant not only to Putin’s personal life, it is also a matter of life and death for the people of my country.’

The Covid-19 crisis in Russia has reached new peaks yet ‘our kleptocrats, enabled and encouraged by the Kremlin, continue to enrich themselves even as regular people continue dying in underfunded state hospitals’.

While deaths soar, hospitals like the Botkin State Clinic in St Petersburg, are crumbling due to lack of renovation, he said.

‘Even as public facilities such as Botkin were falling apart, Putin’s friends and relatives – including his ex-mistress Krivonogikh – our reporting showed, have been busily building multimillion-dollar residential buildings for themselves,’ he wrote.

Funding for such properties has come from Bank Rossiya, of which she is an owner, he said.

Proekt's closure coincides with a Washington Post article by Roman Badanin (pictured) - now a John S. Knight Senior International Journalism Fellow at Stanford University - headlined: 'Why we should care about Putin's love life'

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Proekt’s closure coincides with a Washington Post article by Roman Badanin (pictured) – now a John S. Knight Senior International Journalism Fellow at Stanford University – headlined: ‘Why we should care about Putin’s love life’

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Michael Novakhov - SharedNewsLinks℠

Polish PM blames Vladimir Putin for Belarus border crisis | Poland


Michael_Novakhov
shared this story
from The Guardian.

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Polandxe2x80x99s prime minister has accused Vladimir Putin of xe2x80x9cmastermindingxe2x80x9d the migrant crisis on Belarusxe2x80x99s border with the EU, while Minskxe2x80x99s key ally in the Kremlin pointed the blame at Europe.

The escalating rhetoric, including claims from the Belarusian leader, Alexander Lukashenko, that Russia could join a potential conflict at the border, has underlined the role that regional alliances are playing in the standoff and ensuing humanitarian crisis.

Poland and Lithuania have declared a state of emergency on their borders with Belarus, where Lukashenko has been accused of ferrying asylum-seekers from the Middle East to the EUxe2x80x99s borders as revenge for the blocxe2x80x99s criticism of his crackdown on opposition.

The arrival of more than 1,000 migrants and refugees, many from Iraqi Kurdistan, at the Polish border on Monday brought the crisis to a head. Polish border guards said on Wednesday that two groups of several dozen people had breached the borders overnight. They were arrested and expelled, they said. Lithuanian border guards said they had prevented 281 attempts to cross the border illegally on Tuesday.

At an extraordinary session of parliament on Tuesday evening, the Polish prime minister, Mateusz Morawiecki, squarely pointed the blame for the crisis at Moscow and Putin, calling the Russian leader an xe2x80x9cenablerxe2x80x9d of Lukashenko.

xe2x80x9cThis attack which Lukashenko is conducting has its mastermind in Moscow, the mastermind is President Putin,xe2x80x9d Morawiecki said in the Sejm, Polandxe2x80x99s lower house of parliament, which is dominated by the rightwing Law and Justice party.

Morawiecki said Putin was determined to xe2x80x9crebuild the Russian empirexe2x80x9d and called the crisis at the border xe2x80x9ca new kind of war, in which people are used as living shieldsxe2x80x9d.

The remarks are the most direct accusations against Russia yet in a crisis where the Kremlin has not played an overt role. Belarusian travel agencies have issued visas and brought hundreds of people from Iraq, Syria and other countries to Minsk, from where they then travel west to try to cross the border and from Poland pass on to Germany. Many of the airlines carrying the migrants and refugees are Belarusian or based in the Middle East.

Moscow has been an increasingly crucial ally for Belarus in the past year, backing Lukashenko after his brutal crackdown on protests and after his grounding of a Ryanair flight in May that set off a fresh round of sanctions and pushed Minsk further into isolation.

EU countries have threatened new sanctions and accused Lukashenko of xe2x80x9chuman traffickingxe2x80x9d and xe2x80x9cgangster-stylexe2x80x9d tactics.

On Tuesday, Russiaxe2x80x99s foreign minister, Sergei Lavrov, said western countries including EU member states, and Nato, were the xe2x80x9crootxe2x80x9d of the migrant crisis.

xe2x80x9cThey were pushing for a western-style better life and democracy the way it is interpreted by the west,xe2x80x9d he said, referring to US-led interventions and alleged western backing for the Arab spring.

Lukashenko and Putin held a phone call to discuss the border crisis on Tuesday. On Wednesday, the Collective Security Treaty Organisation, a military alliance of ex-Soviet states, said it was following the crisis xe2x80x9cvery closely and with concernxe2x80x9d.

xe2x80x9cThe migrant crisis may evolve into a great disaster for thousands of civilians, including numerous women and children,xe2x80x9d the CSTO secretariat said in a statement. Dominated by Moscow, the group is seen as the Kremlinxe2x80x99s answer to Nato.

Earlier, western media reported remarks from a Nato spokesperson that the military alliance xe2x80x9cstands readyxe2x80x9d to provide help to end the crisis.

Reuters reported on Wednesday that the EU was close to imposing more sanctions on Belarus, targeting 30 individuals and entities including the foreign minister and the Belarusian airline Belavia, with approval likely as early as next week.

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Michael Novakhov - SharedNewsLinks℠

Russia-linked REvil hackers hit with arrests by US, allies | News


Michael_Novakhov
shared this story
from www.nny360.com – RSS Results in news of type article.

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WASHINGTON xe2x80x94 After vowing for months to crack down on ransomware, the Biden administration and allied countries unleashed a string of actions Monday against one of the most prolific hacking groups and also issued sanctions against cryptocurrency entities that allegedly enable such attacks.

European authorities announced that police in Romania and South Korea had arrested five people allegedly associated with the Russia-linked ransomware group commonly known as REvil or Sodinokibi. In the U.S., a Ukrainian national, Yaroslav Vasinkyi, and a Russian national, Yevgeniy Polyanin, were indicted for alleged involvement in REvil ransomware attacks, according to Justice Department court documents unsealed Monday in Dallas.

xe2x80x9cTogether with our partners, the Justice Department is sparing no resource to identify and bring to justice anyone, anywhere, who targets the United States with a ransomware attack,xe2x80x9d Attorney General Merrick Garland said at a news conference in Washington. xe2x80x9cThe U.S. government will continue to aggressively pursue the entire ransomware ecosystem and increase our nationxe2x80x99s resilience to cyberthreats.xe2x80x9d

While the arrests and associated actions demonstrate a significant capability of governments to disrupt hackers, it remained unclear how much of an impact theyxe2x80x99ll have on preventing future ransomware attacks. Cybersecurity experts warn that hackers operate in loosely affiliated groups, often in countries like Russia where they can evade law enforcement.

Jon DiMaggio, chief security strategist at Analyst1, said the indictments can be important in slowing down groups like REvil. xe2x80x9cBut at the end of the day, there is no shortage of hackers for hire that want to make money by getting in with these guys,xe2x80x9d he said.

xe2x80x9cMaybe theyxe2x80x99ll think for a second longer before they join, if therexe2x80x99s law enforcement action against a specific group. Time will tell,xe2x80x9d he said. xe2x80x9cBut criminals are criminals. Theyxe2x80x99re generally not afraid of law enforcement.xe2x80x9d

In Washington, the Treasury Department announced actions intended to disrupt ransomware attacks and the virtual currency exchanges that launder the illicit proceeds. The State Department offered a reward of as much as $10 million for information leading to the identification or location of REvilxe2x80x99s leaders and as much as $5 million for information leading to the arrest or conviction of individuals who participated in attacks involving REvilxe2x80x99s malware.

xe2x80x9cREvil,xe2x80x9d short for xe2x80x9cRansomware-Evil,xe2x80x9d is known as one of the worldxe2x80x99s most infamous ransomware gangs. The group is accused of staging several attacks this year against major companies and organizations, including Brazilian meat supplier JBS SA and Miami-based technology company Kaseya. JBS paid an $11 million ransom, while Kaseya said it declined to pay the hackers.

In ransomware attacks, hackers encrypt a victimxe2x80x99s files and then demand payment to unlock them. Reported ransomware payments in the U.S. reached $590 million in the first half of 2021, compared with a total of $416 million in a 2020, according to the Treasury Department.

Following a string of high-profile attacks, President Joe Biden vowed to make curbing ransomware a priority for his administration. At a June summit, he warned his Russian counterpart, Vladimir Putin, that Russian hackers should steer clear of 16 critical sectors of the US. economy. Last month, his administration enlisted more than 30 countries in an effort to curb ransomware.

On Monday, Biden said he was following through on his promise to Putin.

xe2x80x9cWe are bringing the full strength of the federal government to disrupt malicious cyber activity and actors, bolster resilience at home, address the abuse of virtual currency to launder ransom payments, and leverage international cooperation to disrupt the ransomware ecosystem and address safe harbors for ransomware criminals,xe2x80x9d Biden said in a statement.

The arrests by European and South Korean law enforcement involved so-called REvil affiliates. Ransomware groups often provide their malware to others, called affiliates, who then target victims and pay the group a cut of the illicit proceeds. Europol said that law enforcement agencies had identified the alleged affiliates of REvil after seizing infrastructure used by the group and carrying out investigative methods such as wiretapping.

Romanian authorities arrested two alleged affiliates of the group on Thursday, according to a statement released Monday by European law enforcement agency Europol. A further three arrests of REvil suspects were made earlier this year, Europol said.

The arrests stemmed from an international investigation named GoldDust, which involved law enforcement agencies from 17 countries, including the U.S., the U.K., France and Germany. The alleged hackers are suspected of involvement in about 5,000 ransomware infections and received about half a million Euros ($579,000) in ransom payments.

In the Texas indictments, Vasinskyi and Polyanin were charged with conspiracy to commit fraud and money laundering, as well as other computer crimes, in connection with REvil ransomware attacks against several U.S. businesses. Prosecutors allege the two xe2x80x9cknowingly and willfullyxe2x80x9d conspired to intentionally damage computer systems among at least nine firms in seven states.

The Justice Department said Monday it seized $6.1 million in ransom payments tied to Polyanin, and the FBI added a xe2x80x9cwantedxe2x80x9d poster for him to its website.

Polyanin is charged with deploying the first operational version of the Sodinokibi ransomware. He allegedly deployed ransomware on the computer networks of one company and 11 government entities xe2x80x94 tied to multiple municipalities in Texas xe2x80x94 in August 2019, according to court filings. Polyanin allegedly hacked into the network of an unnamed company and then deployed ransomware on its customerxe2x80x99s networks.

Vasinskyi was arrested after traveling to Poland. In December 2019, he allegedly sent a message on a criminal forum to xe2x80x9cUnknown,xe2x80x9d who is believed to be a representative of the REvil ransomware gang. xe2x80x9cHello, this is rabotnik,xe2x80x9d Vasinskyi wrote, according to the court filings. xe2x80x9cI want to return to work.xe2x80x9d Vasinskyixe2x80x99s alleged targets included Kaseya, the Florida based software developer. Prosecutors said the victims in Vasinskyixe2x80x99s attacks have paid more than $2 million in combined ransom.

The government alleges that Vasinskyi and other conspirators authored and deployed the malicious software on computer systems since April 2019. Prosecutors say the attackers infected computers using a swath of tricks, including sending out phishing emails, using compromised remote desktop passwords and exploiting vulnerabilities in software code.

Mondayxe2x80x99s actions include the designation of Chatex, a virtual currency exchange, and its associated support network, for facilitating financial transactions for ransomware actors. Chatex, which claims to have a presence in multiple countries, has facilitated transactions for multiple ransomware variants, according to the Treasury Department. Analysis of Chatexxe2x80x99s known transactions indicate that over half are directly traced to illicit or high-risk activities such as dark net markets, high-risk exchanges, and ransomware.

Law enforcement authorities used the new conference to encourage other companies to quickly report attacks to law enforcement, as Kaseya did, and to praise other countries that aided in the effort. FBI Director Christopher Wray said that the arrests show xe2x80x9cwhatxe2x80x99s possible when federal law enforcement and international law enforcement work together with private sector companies.xe2x80x9d

When asked by a reporter, Garland declined to say whether the Russian government condoned or was aware of the actions taken against the hackers.

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Michael Novakhov - SharedNewsLinks℠

The FBI Has Been Political From The Star : NPR


Michael_Novakhov
shared this story
from Politics : NPR.

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n The 1936 film You Can’t Get Away With It about the FBI portrays a typical G-man of the era, complete with machine gun.n n n n APn n nhide captionn

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The 1936 film You Can’t Get Away With It about the FBI portrays a typical G-man of the era, complete with machine gun.

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Recent FBI investigations relevant to the 2016 presidential election have become the latest battleground in our deeply divided and partisan politics.

Some Republicans, disappointed by the lack of charges over Hillary Clinton’s emails and distressed by the continuing probe of Russian interference in the 2016 election, suddenly perceive corruption in the FBI. Democrats counter that the casting of doubt on the nation’s top national law enforcement agency is an unprecedented outrage.

Everyone agrees that the FBI should be as professional and impartial as possible and that its investigations should not be driven by any political agenda or vendetta. That has always been the ideal.

But various parties to the current imbroglio have been suggesting that somehow this is the first time the bureau may have fallen short of that ideal xe2x80x94 or even been accused of doing so, rightly or wrongly.

Surely there is a massive case of collective amnesia afflicting Washington and much of the media commentariat on that score.

The fact is, controversy about the FBI is anything but new xe2x80x94 and achieving political goals of one kind or another have been part of the reason for the FBI since its inception.

Still, the “this is not normal” narrative is strong, and it is also coming from within the FBI community itself.

Chris Swecker, who finished his 24-year bureau career as an acting assistant director, told NPR’s Ryan Lucas this week that “there’s been plenty of controversies, but never accusations that the FBI has become a political tool for one party or another, or one set of political beliefs or another.”

Never? Really?

In his defense, Swecker’s FBI tenure coincided almost exactly with that of Louis Freeh, Robert Mueller and James Comey, the directors of the agency from 1993 to last May. In these years, under these men, the FBI has been arguably less politicized and less of a political tool than at any time in its 109-year history.

But to use the word “never” when discussing the history of the FBI’s service to a political party or to a set of political beliefs is to invite not only disbelief, but also bitter derision.

Political since its inception

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In 1969, FBI Director J. Edgar Hoover presents a gold badge to President Richard Nixon, making him an honorary member of the agency, during graduation ceremonies for the FBI National Academy.

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As a matter of reality, the FBI has been political from its outset. While it has always had an ethos of professionalism and objectivity and devotion to law, the people in charge of it and the people in charge of the administrations under which it has served have been as political and as partisan as it is possible to be.

One could say the idea of a federal agency that conducts criminal investigations has been political by definition, practically from its inception.

Let’s talk about Teddy Roosevelt for a moment. He started the precursor agency called the Bureau of Investigation way back in 1908. He did it because he wanted someone to look at the books of some of the country’s largest and most powerful businesses, which he suspected of violating the anti-trust laws meant to rein in the activities of monopolies.

Similarly, when the bureau was tasked with finding German spies during the World War I, it could be called law enforcement xe2x80x94 pure and simple. But what about when it went rounded up and detained citizens who had not yet registered for the draft? Or harassed political radicals of various stripes whom the administration saw as security risks for their unorthodox ideas?

Pursuing Nazis, gangsters, political favors and payback

In the 1920s, the old BOI had a role in the Teapot Dome scandal that would eventually send several officials of President Warren G. Harding’s administration to prison.

But its role was not so much in exposing the oil companies that paid bribes for access to government oil reserves. It was, rather, in investigating a senator who had exposed the scandal. That forced the BOI director of the time to resign, opening the door to a young officer who became the agency’s head in 1924. His name was J. Edgar Hoover.

Thereafter, “the Feds” went after the heavily armed gangsters who sometimes terrorized the countryside and the urban landscape as well. Like the pursuit of spies, this work was broadly popular with the public. Hoover proved effective at demythologizing folk heroes such as Charles “Pretty Boy” Floyd and George “Baby Face” Nelson, as well as at professionalizing the bureau itself. The idea of using a crime lab to solve cases largely began with Hoover’s agency, which added the word “federal” to its name in 1935.

Hoover’s 48 years on the job included not just such popular crusades as rooting out Nazis during World War II but also such errands as collecting the names of people who wrote anti-war or isolationist letters to the White House. Hoover would eventually hold the top job through eight presidencies, doing various political favors for nearly all of them (according to evidence unearthed by a 1975 Senate investigation chaired by Idaho Sen. Frank Church).

During World War II, Hoover’s bureau caught Nazi saboteurs and spies, but it also pursued people of Japanese descent and jailed those who objected. After the war, the bureau was prominent in pursuit of Communists, which came to mean a wide variety of people with divergent views.

And Hoover collaborated with the notorious blunderbuss Sen. Joseph R. McCarthy of Wisconsin, whose years of committee hearings wounded many reputations but wound up unmasking no actual Communists.

Plenty of Americans have regarded these uses of the FBI’s resources as entirely legitimate, while plenty of others have found them entirely unacceptable. But you cannot argue they were not political. And in the hands of such figures as McCarthy or Richard Nixon, the FBI most definitely was a tool of one political party.

Rooting out “radicals,” from Communists to war protest and civil rights leaders

Hoover’s passion for rooting out radicals was formalized in what was called COINTELPRO (for counterintelligence program). Aimed originally at the Communist Party, the effort expanded to battle leftists in general and especially leaders of protests against the Vietnam War.

n

n Hoover hounded Martin Luther King Jr. for years xe2x80x94 at one point sending him tape recordings of his tapped telephone and urging him to commit suicide.n n n n Jim Kerlin/APn n nhide captionn

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n n Jim Kerlin/APn n

Hoover hounded Martin Luther King Jr. for years xe2x80x94 at one point sending him tape recordings of his tapped telephone and urging him to commit suicide.

n n Jim Kerlin/APn n

The program was also a scourge of the civil rights movement, most prominently Martin Luther King Jr. Hoover had a kind of obsession with King, hounding him for years xe2x80x94 at one point sending him tape recordings of his tapped telephone and urging him to commit suicide.

At largely the same time, under Presidents John F. Kennedy and Lyndon B. Johnson, the FBI engaged in disruptive tactics against the Ku Klux Klan in the South. But after bloody riots erupted in many U.S. cities in the mid-1960s and later, Hoover turned his focus to “black nationalist” groups such as the Black Panthers, bringing disrepute and sowing dissent in its ranks.

Here again, the FBI was proving its worth to at least one concept of law enforcement even as it showed itself as a dangerous and repressive institution to others. But what one cannot deny was that it became a political tool xe2x80x94 not just repeatedly but continually over many years.

Infamous unverified dossiers

Hoover also used his bureau to compile dossiers on people in government he thought might be security risks. These included hundreds of officials and bureaucrats he thought might be vulnerable to blackmail because they were gay. Hoover compiled mountains of evidence regarding people’s sexual orientation, a store that was eventually destroyed by one of his successors in the 1970s xe2x80x93 after Hoover’s death.

At the same time, thousands of other Americans were able to get access to the files the FBI had kept on them and their activities for decades. Many of these records included totally unproven and unverified accusations included in “raw files” that were not meant for general release but available to various authorities at Hoover’s discretion.

Another occasion of historical significance involving the FBI was the Watergate scandal and subsequent congressional and law enforcement action leading to Nixon’s resignation as president in 1974.

Deep State dxc3xa9jxc3xa0 vu?

Watergate was happening just as the FBI was finally transitioning to a new director. Nixon appointed an outsider named L. Patrick Gray, who lasted less than a year. But during that period, the No. 2 man in the bureau, W. Mark Felt, got wind of various forms of skulduggery practiced by Nixon’s re-election campaign in 1971 and 1972, culminating in the burglary at the Watergate hotel that gave the scandal its name.

Felt managed to convey much of what he learned to a young reporter he knew who worked at The Washington Post. The reporter was Bob Woodward, and the rest is history xe2x80x94 highly politicized history. Those who still defend Nixon today have to contend with the role played by Felt in prompting the congressional and legal proceedings that forced Nixon to resign in 1974.

Perhaps it is that episode in the long history of the bureau that is making some on Capitol Hill and some conservatives in the media uneasy about where the current investigation of Trump’s campaign and cronies could be going. For these individuals, any indication that evidence gathered by the FBI could bring Trump or members of his circle to legal reckoning would be a bad case of dxc3xa9jxc3xa0 vu.

And that is the opposite of unprecedented.

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Jan. 6 panel subpoenas 6 more Trump associates in probe


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from WTOP News.

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Further expanding its probe, the U.S. House committee investigating the Jan. 6 Capitol riot has issued subpoenas to six additional associates of former President Donald Trump who were closely involved in his efforts to overturn his defeat in the 2020 election.

WASHINGTON (AP) xe2x80x94 Further expanding its probe, the U.S. House committee investigating the Jan. 6 Capitol insurrection has issued subpoenas to six additional associates of former President Donald Trump who were closely involved in his efforts to overturn his defeat in the 2020 election.

The committeexe2x80x99s chairman, Mississippi Rep. Bennie Thompson, said in a statement Monday that the panel is demanding testimony and documents from former Trump campaign officials and others who participated in a xe2x80x9cwar roomxe2x80x9d ahead of the siege and strategized about how to halt the certification of Joe Bidenxe2x80x99s victory.

Thompson said the committee had issued new subpoenas to Bill Stepien, manager of Trumpxe2x80x99s 2020 reelection campaign; Jason Miller, a senior adviser to the campaign; Angela McCallum, national executive assistant to the campaign; John Eastman, a lawyer who advised the former president; Michael Flynn, a former national security adviser to Trump who talked with Trump ahead of the insurrection; and Bernard Kerik, who the committee says paid for hotel rooms that served as command centers ahead of Jan. 6.

xe2x80x9cIn the days before the January 6th attack, the former presidentxe2x80x99s closest allies and advisers drove a campaign of misinformation about the election and planned ways to stop the count of Electoral College votes,xe2x80x9d Thompson said. xe2x80x9cThe Select Committee needs to know every detail about their efforts to overturn the election, including who they were talking to in the White House and in Congress, what connections they had with rallies that escalated into a riot, and who paid for it all.xe2x80x9d

The subpoenas come after the panel has already demanded documents and testimony from several other Trump advisers xe2x80x94 some who have cooperated and some who have not. The House voted last month to hold longtime Trump ally Steve Bannon in contempt after he refused to comply with his subpoena. Trump himself is fighting the probe in court.

The rioters who violently pushed back police to break into the Capitol and interrupt the electoral count repeated Trumpxe2x80x99s false claims of widespread fraud, and the committee says the six newly subpoenaed witnesses helped amplify the misinformation in the days ahead of the attack. Trumpxe2x80x99s false claims came as election officials and courts across the country verified Bidenxe2x80x99s win, and as his own attorney general said there was no evidence of significant fraud.

Thompson says in the letters to the Trump associates that the panel has uncovered xe2x80x9ccredible evidencexe2x80x9d of their participation in the former presidentxe2x80x99s efforts to overturn the election and cites ways that they individually tried to further his cause.

In Stepienxe2x80x99s subpoena, Thompson cites the testimony of an unnamed witness in saying he oversaw the xe2x80x9cconversionxe2x80x9d of Trumpxe2x80x99s presidential campaign to a xe2x80x9cStop the Stealxe2x80x9d effort. In letters to Miller and McCallum, Thompson cites specific efforts to spread the false claims, including a phone call from McCallum to an unidentified Michigan state legislator asking if the Trump campaign could xe2x80x9ccount onxe2x80x9d them and urging the person to push for the appointment of new state electors.

Thompson detailed several efforts by Eastman, a lawyer and professor, to persuade Vice President Mike Pence to try to overturn the election as he presided over the congressional certification xe2x80x94 a power Pence did not legally have. Thompson also cites Eastmanxe2x80x99s outreach to states, including a briefing to state legislators, and his participation in the so-called xe2x80x9cwar roomxe2x80x9d at the Willard Hotel where he, Bannon, Kerik and others strategized ahead of the siege about how to overturn Trumpxe2x80x99s defeat.

Kerik, a former New York City police commissioner who was pardoned by Trump after serving time in prison for tax fraud and other charges, responded to his subpoena with a lengthy statement on Monday evening. He said that he xe2x80x9cwas not hired to overturn the will of the people, only to look into the integrity of the processxe2x80x9d and that his focus after the election was on xe2x80x9clooking for evidence,xe2x80x9d not public relations.

xe2x80x9cAs to the events of January 6th, I was not involved,xe2x80x9d he said.

The others contacted by The Associated Press did not respond to requests for comment.

In the letter to Flynn xe2x80x94 the former national security adviser who twice pleaded guilty to lying to the FBI and was also pardoned by Trump xe2x80x94 Thompson cited a December Oval Office meeting with the then-president. Citing media reports, Thompson said Flynn and other participants xe2x80x9cdiscussed seizing voting machines, declaring a national emergency, invoking certain national security emergency powers and continuing to spread the message that the Nov. 2020 election had been tainted by widespread fraud.xe2x80x9d

The panel is working with other close Trump advisers to gain testimony, including former White House Chief of Staff Mark Meadows and administration aides Kashyap Patel and Dan Scavino. Members of the committee said they have been xe2x80x9cengagingxe2x80x9d with those witnesses but may move to hold them in contempt, as well, if they donxe2x80x99t comply soon.

Trumpxe2x80x99s own opposition has prompted some of his advisors, including Bannon, to say they canxe2x80x99t speak publicly about their roles. The former presidentxe2x80x99s lawsuit argues that he can assert executive privilege, or a presidential claim to keep some information private, in an effort to block the government from releasing a tranche of internal White House documents to the panel. The committee has argued that privilege doesnxe2x80x99t apply.

President Biden has so far waived executive privilege on nearly all the documents that the committee has asked for, citing the panelxe2x80x99s need to investigate the violent attack.

In his subpoena to Eastman, Thompson sought to preemptively attack any attorney-client privilege that he may attempt to cite to avoid testifying. The letter noted that Eastman has already xe2x80x9cmade extensive public commentsxe2x80x9d regarding his legal advice and direct discussions with Trump.

Former Justice Department official Jeffrey Clark, who aligned himself with Trumpxe2x80x99s efforts to overturn the election as other department leaders pushed back, appeared for a deposition on Friday but declined to cooperate, presenting the committee with a letter saying he would not answer questions based on Trumpxe2x80x99s assertions of privilege, including in the ongoing court case.

Thompson said afterward that he had rejected the claims of privilege and said Clark xe2x80x9chas a very short timexe2x80x9d to reconsider and cooperate.

The committee has already interviewed more than 150 people across government, social media and law enforcement, including some former Trump aides who have been cooperative. The panel has subpoenaed more than 20 witnesses total, and most of them, including several associates who helped plan the massive xe2x80x9cStop the Stealxe2x80x9d rally the morning of the 6th, have signaled they will cooperate.

___

Associated Press writer Eric Tucker contributed to this report.

Copyrightn xc2xa9xc2xa02021 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.

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US citizens v FBI: Will the government face charges for illegal surveillance? | Human rights


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from The Guardian.

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On Monday, the US supreme court will hear arguments in a case which could determine whether the US government faces accountability for its mass surveillance of Muslim Americans after 9/11.

The nine justices will be asked to decide on whether Muslim US citizens who were subjected to undercover surveillance by a paid informant at their southern California mosque can receive redress through the courts.

Sheikh Yassir Fazaga, Ali Malik and Yasser Abdel Rahim, the three plaintiffs, argue that they and thousands of other Muslims were targeted because of their religion, and the federal authorities who subjected them to such unconstitutional treatment should answer for that.

Lawyers for the government will counter that the case should be dismissed, as litigating it would reveal intelligence about federal anti-terrorism operations that would be harmful to national security. Information on who they were investigating and why, as well as details of the FBIxe2x80x99s sources and methods, should remain confidential on grounds that they are xe2x80x9cstate secretsxe2x80x9d.

Ahilan Arulanantham, a human rights lawyer at UCLA who will be arguing FBI v Fazaga for the plaintiffs on Monday, told reporters that the question for the court was simple: xe2x80x9cWill the people we represent ever get their day in court? Are the courts open to protect this communityxe2x80x99s religious freedoms, or can the government slam the doors shut whenever it claims to be acting in the name of national security?xe2x80x9d

At the heart of the case is Craig Monteilh, a fitness instructor convicted for fraud, who was taken on by the FBI as an informant five years after 9/11 in xe2x80x9cOperation Flexxe2x80x9d in which he surveilled mosques in Irvine, California.

Ali Malik, one of the three plaintiffs in the Fazaga case, vividly remembers when Monteilh first visited the Islamic Center of Irvine in July 2006. The informant presented himself as a person of French and Syrian descent wanting to convert to Islam.

xe2x80x9cHe was not someone youxe2x80x99d forget,xe2x80x9d Malik told the Guardian. xe2x80x9cPhysically, hexe2x80x99s very dominantxe2x80x93 a big guy, a body builder. Hexe2x80x99s massive, shaved head, tattoos xe2x80x93 so he didnxe2x80x99t look like the majority of constituents at the center.xe2x80x9d

Malik, a US citizen from birth, was 22 and a student when Monteilh appeared. Malik said that he and his fellow worshippers were excited to welcome into their community the new convert, who took on the name Farouk al-Aziz.

xe2x80x9cWe had never experienced an undercover provocateur,xe2x80x9d Malik said. xe2x80x9cWe had no reason to believe that the FBI was involved in that activity. In fact, the FBI had come to our mosque, looked into our eyes, and assured us that they were not spying on us.xe2x80x9d

Malik became Monteilhxe2x80x99s mentor, teaching him how to pray. For more than a year, they met regularly, sharing personal details of their lives and working out at the gym together.

Malik recalls becoming uneasy about Monteilh when he began asking questions about violent jihad, becoming increasingly incessant on the subject.

xe2x80x9cHe would say, xe2x80x98What about jihad? What about this?xe2x80x99 I had only one response: xe2x80x98Vigilante violence is not okay in Islam. You need to focus on how to pray and how to establish a connection with God.xe2x80x99xe2x80x9d

Malik picked up the same concerns from others in the mosque xe2x80x93 Monteilh was inciting violence among them. xe2x80x9cHe was so assertive, and he spoke with such urgency that he was really intimidating.xe2x80x9d

The last conversation they had was so disturbing that Malik went to the imam of the mosque and told him Monteilh was potentially violent and a danger to the community. Eventually, a restraining order was taken out preventing Monteilh from visiting the mosque.

Ironically, the mosque also informed the FBI about their concerns. The FBI said it would deal with the situation.

In 2009 it became public that Monteilh was working for the FBI and had been trying to entrap law-abiding American Muslims with his talk of violent jihad. It emerged that he had gathered hundreds of phone numbers, thousands of email addresses, and hours of video and audio recordings inside mosques, homes and businesses associated with Muslims.

Monteilh later admitted his role, telling the Guardian in 2012 that his FBI handlers had authorized him to have sex with Muslim women and record their pillow talk. xe2x80x9cThey said, if it would enhance the intelligence, to go ahead and have sex. So I did,xe2x80x9d he said.

That same year, Monteilh told NPR that he told two congregants: xe2x80x9cwe should bomb somethingxe2x80x9d.

Malik joined his co-plaintiffs, Sheikh Yassir Fazaga and Yasser Abdel Rahim, in filing a lawsuit against the FBI. In 2011, with the help of the American Civil Liberties Union of Southern California and the Council on American-Islamic Relations of Greater Los Angeles, they filed a federal class-action lawsuit accusing the government of surveilling Muslim Americans in violation of their constitutional rights.

The invocation of xe2x80x9cstate secretsxe2x80x9d in the Fazaga case was the first time in recent American history that the privilege was invoked to dismiss a lawsuit brought by an American citizen concerning domestic law enforcement.

Mondayxe2x80x99s hearing is the second time the supreme court will consider the application of xe2x80x9cstate secretsxe2x80x9d this term. Last month, the justices considered whether the Guantxc3xa1namo detainee Abu Zubaydah should be able to question two former CIA contractors about the brutal torture he was subjected to at a xe2x80x9cblack sitexe2x80x9d in Poland.

In the Fazaga case, the nationxe2x80x99s highest court will adjudicate on whether the lawsuit against FBIxe2x80x99s surveillance can proceed under the Foreign Intelligence Surveillance Act. This would allow the case to be heard in a federal district court with part of the proceedings conducted in private to safeguard sensitive intelligence.

Malik and his fellow plaintiffs will be in Washington on Monday to listen to the arguments, although they will not be allowed into the courtroom under Covid restrictions. He told the Guardian that the hearing was xe2x80x9cprobably the most important thing, other than getting married and having children, in my entire lifexe2x80x9d.

He said the lawsuit boiled down to a simple premise: xe2x80x9cCan I practice my religion without having to feel Ixe2x80x99m doing anything wrong?xe2x80x9d

As for the governmentxe2x80x99s claim of xe2x80x9cstate secretsxe2x80x9d, Malik said: xe2x80x9cItxe2x80x99s terrifying to know that the government can conduct illegal activity against me and that I, as a citizen, canxe2x80x99t hold them to account. All Ixe2x80x99m asking for is the establishment of the rule of law xe2x80x93 for the constitution of the United States to be upheld.xe2x80x9d

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Michael Novakhov - SharedNewsLinks℠

FBI Informant’s Role in Upcoming SCOTUS Case on Post-9/11 Surveillance of Muslims


Michael_Novakhov
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Craig Monteilh was no stranger to federal agents. A hulking man whoxe2x80x99d spent much of his teenage and adult years as an amateur bodybuilder, Monteilh had once made a living ripping off drug dealers. One time, in 1986, the deal went bad, and Monteilh found himself sitting across the table from agents with the Drug Enforcement Administration. They gave himxc2xa0two options:xc2xa0Go to prison, or become an informant.

Monteilh chose the latter, launching a career as a professional snitch that lasted more than two decades. Because of his ethnically ambiguous appearance, Monteilh was a versatile informant for both the DEA and the FBI xe2x80x94 going into cases with covers ranging from a white supremacist to a Russian hit man to a Sicilian drug trafficker.

xe2x80x9cI was very good at what I did,xe2x80x9d Monteilh boasted.

In 2006, two agents with the FBIxe2x80x99s counterterrorism section xe2x80x94 which had gone from a low-priority outfit prior to 9/11 to the bureauxe2x80x99s best-funded one xe2x80x94 approached Monteilh with an ambitious new assignment. They wanted him to pose as a Muslim convert and infiltrate mosques throughout Southern California, home to an estimated half-million Muslims, a diverse set of Islamic worshippers living in shadows of Disneyland in sprawling Orange County.

xe2x80x9cThis was a massive undertaking for the FBI,xe2x80x9d Monteilh said. xe2x80x9cIt was an experiment xe2x80x94 thatxe2x80x99s what they called it xe2x80x94 to see if I could actually fool an entire community. Ixe2x80x99m a white guy, right? My backstory was that my mother was Syrian. My father was French. My father suppressed our religious heritage on my motherxe2x80x99s side.xe2x80x9d

Monteilh spent the next 18 months secretly recording conversations with unsuspecting Muslims and providing intelligence back to the FBI about scores of men and women whose only apparent transgression was practicing their religion. The name of the FBI program, Operation Flex, came from Monteilh being a lifelong gym rat. By offering his services as a fitness instructor to Muslim men, the FBI figured, Monteilh could build trust and identify potential security threats.

xe2x80x9cI remember being introduced to him as a new convert,xe2x80x9d said Yassir Fazaga, an imam in Southern California at the time. xe2x80x9cHe was very fit. I remember telling him that. He even mentioned that he could train with me.xe2x80x9d

Monteilh eventually had a falling-out with the FBI after he was sent to prison on state criminal charges. Upon his release in 2008, he had a score to settle. He held a makeshift press conference with local media in his living room and blew the whistle on Operation Flex, describing how he spied on Muslims for the FBI without having any reason to believe that these people were committing crimes.

Not long after Monteilh went public, the American Civil Liberties Union contacted him to explore an alliance. Monteilh agreed to document his activities for the FBI in a sworn affidavit, and the ACLU filed a class-action lawsuit against the U.S. government in 2011 alleging that federal agents had violated constitutional protections.

xe2x80x9cThe use of the state secrets privilege was entirely to protect the FBIxe2x80x99s methodology from public scrutiny and legal accountability.xe2x80x9d

In November, the case will go before the U.S. Supreme Court, which will consider whether the Justice Department should be allowed to effectively scuttle the lawsuit without a trial. As in many cases of the post-9/11 era, the federal government hopes to do so by asserting the so-calledxc2xa0state secrets privilege xe2x80x94 which allows the U.S. government to block the release of information that could harm national security.

Michael German, a former FBI agent who is now a fellow at the Brennan Center for Justice, believes that the government isnxe2x80x99t concerned about state secrets so much as about escaping public accountability for its actions. xe2x80x9cThe use of the state secrets privilege was entirely to protect the FBIxe2x80x99s methodology from public scrutiny and legal accountability, so that the practices could continue without a public acknowledgement that might drive reform efforts,xe2x80x9d German said.

The case has become one of the most significant legal challenges of the FBIxe2x80x99s post-9/11 surveillance of Muslims xe2x80x94 with Monteilh, a brawny and uncouth man, the unlikely central figure.

But the ACLU and Monteilh have fundamentally different motivations for trying to force the government to reveal what happened during Operation Flex. The ACLU is attempting to hold the government accountable for what it views as an unconstitutional spying program that targeted a religious minority, while Monteilh said he wants the world to know that hexe2x80x99s a world-class spy singularly responsible for one of the most significant domestic intelligence-gathering programs of the post-9/11 era.

xe2x80x9cIt benefits me to be involved in this case,xe2x80x9d Monteilh said after the Supreme Court announced it would hear the case. xe2x80x9cItxe2x80x99s my legacy. I created it. This is me. I am Operation Flex.xe2x80x9d

GARDEN GROVE, CA - NOVEMBER 14: Mohammed Ali, 85, leaves the Garden Grove mosque on November 14, 2010, in Garden Grove, CA.  There is growing tension between the Muslim community of southern California and the FBI after an informant, Craig Monteilh, infiltrated local mosques to gather information only a month after local FBI leaders told the leaders of the Muslim community that the FBI would do no such thing.  Now, Monteilh is suing the FBI over their treatment of him and he's telling details of his operation. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)

A Muslim man leavesxc2xa0a mosque on Nov. 14, 2010, in Garden Grove, Calif.

nPhoto: Jahi Chikwendiu/The Washington Post via Getty Images

The Post-9/11 Surveillance Apparatus

Eleven years ago, while researching how the FBI responded to terrorism threats during the first decade after the 9/11 attacks, I met Craig Monteilh in his lawyerxe2x80x99s office near the John Wayne Airport in Orange County, California.

Monteilh was wearing dark dress slacks and a light-purple button-down shirt made of a synthetic silk material that glimmered below the neon lights ofxc2xa0the office. Monteilh has a muscular, top-heavy frame, and he movesxc2xa0like a childxe2x80x99s action-figure toy. His neck is so thick, he never fastens the top button of his shirt. His shaved head gives you a clear view of his large skull, and on the sides of his forehead, you can plainly see the veins bulging below the taut skin near his temples.

xe2x80x9cIxe2x80x99m not Mr. Universe, but I am Mr. Inconspicuous, right?xe2x80x9d Monteilh told me.

The FBIxe2x80x99s post-9/11 surveillance program in Muslim communities nationwide is something that we know a lot about now, two decades into the so-called war on terror: The bureau recruited more than 15,000 informants, the most ever in its history, and used thesexc2xa0people to find information, such as immigration, criminal, or financial problems, that could be used as leverage to recruit other informants. The informant ranks swelled so quickly that the FBI developed a software program, called Delta, to track and manage its human sources. These informants also led hundreds of Muslims nationwide into aggressive FBI counterterrorism sting operations, in which undercover agents or informants played essential parts in supposed terror plots, often providing the weapons, money, and logistical support needed.

But a decade ago, around when I first met Monteilh, journalists like me were only beginning to understand the full scale and potential illegality of the FBIxe2x80x99s post-9/11 surveillance of Muslims. It was difficult then to assess Monteilhxe2x80x99s credibility: While he had documents that proved he had worked for the government, including a letter from the FBI that referred to a nondisclosure agreement he signed during Operation Flex, Monteilh had a checkered past. Hexe2x80x99d been in and out of trouble with the law, and as a longtime government informant, hexe2x80x99d effectively become a professional liar xe2x80x94 not an innately trustworthy source.

Monteilh also had a habit of dribbling out over time new details about what he did in Operation Flex. That made it appear that he was playing the press in a fairly sophisticated attempt to stay in the limelight xe2x80x94 or that he was just making up more and more salacious details, such as his claim that the FBI ordered him to have sexual relationships with Muslim women, that he knew would titillate journalists. As a result, early news reports about Monteilh danced around questions of his credibility: His story was incredible, and important if true, but should we believe it?

Two decades after 9/11, the blanket surveillance of U.S. Muslim communities under the guise of counterterrorism is no longer surprising or controversial. But in the first decade after 9/11, when Monteilh went public with what hexe2x80x99d done, that wasnxe2x80x99t the case.

xe2x80x9cA lot of the surveillance of the Muslim community that people were so upset about during that period has become normalized,xe2x80x9d said Ahilan Arulanantham, the ACLU lawyer who is suing the government over Monteilhxe2x80x99s spying. xe2x80x9cThe FBI still goes out and interviews people in the Muslim community, still sometimes asking people about where they go mosque, what does the imam say, how many times you pray. The whole infrastructure for watchlisting xe2x80x94 with the no-fly list and the terrorist screening database and all that xe2x80x94 is in place.xe2x80x9d

The FBIxe2x80x99s surveillance of Muslim communities was rooted in an effort to correct the intelligence failures of 9/11. In the run-up to the attacks, the FBI was technologically hobbled, having suffered for years under its previous director, Louis Freeh, an avowed Luddite. On the day thexc2xa0twin towers fell, for example, FBI agents were forced to use fax machines to distribute photos of the suspected hijackers. xe2x80x9cAgents lacked access to even the most basic internet technology,xe2x80x9d John Ashcroft, then the attorney general, explained to the 9/11 Commission, which was created to investigate the U.S.xe2x80x99s failure to prevent the attack.

After the attacks, President George W. Bush told Robert Mueller, who had taken over as FBI director just a week earlier, that a xe2x80x9cnever againxe2x80x9d counterterrorism policy needed to be instituted. Muellerxe2x80x99s FBI responded to this by aggressively recruiting informants from Muslim communities and following up on any lead, no matter how ridiculous, encouraged by the governmentxe2x80x99s splashy xe2x80x9cIf you see something, say somethingxe2x80x9d sloganeering.

The bureau also embraced technology and data as tools for fighting crime and preventing terrorism. In 2005, Mueller brought Philip Mudd, the former second-in-command of the CIA Counterterrorism Mission Center, to the FBI as deputy director of the newly established national security branch. Mudd took over an FBI program, called Domain Management, that tracked immigrants suspected of being involved in industrial espionage for their home countries. Mudd expanded Domain Management to include government and commercial data in a way that allowed the FBI to map Muslim communities throughout the United States. Inside the bureau, some veteran agents described Muddxe2x80x99s expanded Domain Management as unproductive and intrusive, with one FBI executive alleging during a high-level meeting that Mudd had pushed the bureau to xe2x80x9cthe dark side.xe2x80x9d (Mudd has since remade himself as a fire-breathing commentator on CNN.)

Some FBI agents referred to Domain Management as xe2x80x9cBattlefield Management,xe2x80x9d for the way it allowed the bureau to target specific geographic areas based on estimated Muslim populations. It was in this context that the FBI secretly launched Operation Flex in Southern California in 2006 and brought in Monteilh as the primary informant.

ANAHEIM, CA - NOVEMBER 16, 2010: Khadija Bawahab, 3rd from left, walks with her grandchildren, from left, Rayhan Bawahab, Jamila Bawahab, and Bilal following Eid al-Adha prayers at the Omar al Farouk mosque on November 16, 2010, in Anaheim, CA.  There is growing tension between the Muslim community of southern California and the FBI after an informant, Craig Monteilh, infiltrated local mosques - including this mosque - to gather information only a month after local FBI leaders told the leaders of the Muslim community that the FBI would do no such thing.  Now, Monteilh is suing the FBI over their treatment of him and he's telling details of his operation. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)

A Muslim woman walks with her grandchildren following Eid al-Adha prayers at the Omar Al-Farouk mosque on Nov. 16, 2010, in Anaheim, Calif.

nPhoto: Jahi Chikwendiu/The Washington Post via Getty Images

Operation Flex

Monteilh entered Orange Countyxe2x80x99s Muslim communities as someone interested in Islam. He was embraced by local Muslims, and he took shahada, the profession of faith. Monteilh worked out with dozens of men, played video games with others, went on dates with Muslim women, and in a short time became a well-known convert in Southern Californiaxe2x80x99s Muslim communities. He carried around secret FBI recording devices that looked like car key fobs and surreptitiously recorded conversations with hundreds of Muslim worshippers.

Hexc2xa0was the tip of the spear for a metastasizing surveillance operation that he says targeted a group of people based solely on their religious activity. If true, that is a constitutional violation. The FBI was most interested, Monteilh said, in information that could be used as leverage to recruit informants xe2x80x94 such as information about financial or immigration problems.

xe2x80x9cPeople think the FBI goes around making arrests of Muslims. They do not want to arrest Muslims,xe2x80x9d Monteilh said. xe2x80x9cThey want to enlist them as informants, and theyxe2x80x99ve done it. Itxe2x80x99s been 15 years since Ixe2x80x99ve been in, right? I look at some people who were 23 and now theyxe2x80x99re 38, and theyxe2x80x99re imams now. And theyxe2x80x99re informants. And I know, because I gave the intel.xe2x80x9d

Monteilh had been a federal informant long enough to know the game, and he worked the FBI as much as he did Southern Californiaxe2x80x99s Muslim communities. Knowing that the bureau tries to keep compensation paid to informants artificially low xe2x80x94 in order to prevent a potential jury from viewing an informantxe2x80x99s testimony as being bought by the FBI xe2x80x94 Monteilh grossly inflated his reimbursable expenses, collecting receipts wherever he could and inflating his monthly living expenses. With a wink and a nod, the FBI paid Monteilh $177,000 for his spying on Muslims in Southern California.

The 9/11 WarsThe 9/11 Wars

But the whole FBI operation soon fell apart. The leadership of a local mosque, concerned that Monteilh was an extremist, reported him to the FBI and filed a restraining order. About six months later, local police arrested Monteilh for his involvement in a scheme to con two women out of more than $150,000. Monteilh pleaded guilty to the state criminal charge and spent eight months in prison.

During the time that Monteilh was secretly spying for the FBI, Southern Californiaxe2x80x99s Muslim communities, and others nationwide, began to suspect that federal law enforcement agents were targeting them without cause. Fazaga, the Eritrean-born imam who had once complimented Monteilh on his physique, invited J. Stephen Tidwell, an FBI assistant director in charge of the bureauxe2x80x99s Los Angeles office, to his mosque to address community concerns. Tidwell told congregants at the meeting that the FBI was not spying on Muslim communities. During the meeting, Fazaga asked Tidwell about a local newspaper report that said the FBI was surveilling Muslim students at the University of California, Irvine. xe2x80x9cWe donxe2x80x99t trust that,xe2x80x9d Fazaga said of Tidwellxe2x80x99s assurance that the FBI wasnxe2x80x99t spying.

Tidwell glared at Fazaga angrily. xe2x80x9cYouxe2x80x99re calling me a liar?xe2x80x9d Tidwell said.

According to Monteilh, the FBI instructed him after this meeting to devote additional time on gathering more information about Fazaga. xe2x80x9cThe FBI was pissed,xe2x80x9d Monteilh said.

GettyImages-566068019

Federal officials stand outside the home ofxc2xa0Ahmadullah Sais Niazi in Tustin, Calif., on Feb. 20, 2009. Niazi was arrested as part of Operation Flex.

nPhoto: Don Bartletti/Los Angeles Times via Getty Images

An Uneasy Alliance

Whether Operation Flex was a successful, productive mission for the FBI is debatable. Since the FBI wonxe2x80x99t disclose what information agents obtained, the only available source is Monteilh, who claims that he not only provided information that led to the recruitment of dozens of informants but that he also led the government closer to Al Qaeda leader Osama bin Laden, who was killed by U.S. special forces in Pakistan in 2011.

Monteilhxe2x80x99s bin Laden claim would be easy to dismiss as the bravado of an egotistical, self-interested informant were it not for the fact that therexe2x80x99s some evidence to suggest it could have merit. The most significant arrest to come out of Operation Flex was of Ahmadullah Sais Niazi, who was charged with immigration violations for allegedly not reporting his previous association with Al Qaeda on his U.S. citizenship application. Niazixe2x80x99s brother-in-law was bin Ladenxe2x80x99s former bodyguard, and Monteilh secretly recorded his conversations with Niazi, who allegedly described witnessing bin Laden arrive by helicopter to Afghanistan in 1996.

While working as an FBI informant, Monteilh recorded the incriminating statements Niazi had allegedly made. But Monteilhxe2x80x99s decision to turn against the FBI ultimately cost the government its case against Niazi. After going public with his claims about Operation Flex, Monteilh met with Niazixe2x80x99s lawyers and claimed that the FBI had tried to recruit Niazi as an informant by threatening to leak embarrassing information about his personal life. The government then dismissed the charges against Niazi, who remains in the United States but has never spoken publicly about his case.

The alliance between the ACLU and Monteilh is an uneasy one, because they have markedly different motivations. Monteilh hopes the litigation will force the government to reveal what happened during Operation Flex xe2x80x94 information that he believes will cast him as a kind of superspy and unsung American hero who played a supporting role in the death of bin Laden. xe2x80x9cI believe that Operation Flex is illegal. It does violate the civil rights of Muslim Americans,xe2x80x9d Monteilh said. xe2x80x9cI donxe2x80x99t like that at all. At the same time, I do believe itxe2x80x99s a necessary evil. I believe that, because I lived it.xe2x80x9d

The ACLU, meanwhile, is trying to hold the government accountable for illegal spying. xe2x80x9cItxe2x80x99s a complicated relationship, to put it mildly,xe2x80x9d said Arulanantham, the ACLU lawyer. xe2x80x9cCraig Monteilh is obviously a critical witness insofar as hexe2x80x99s the one who engaged in all the illegal activity at the heart of this litigation, but itxe2x80x99s also extensively corroborated by our clients because they interacted with Craig. They remember very well how he came into their community and how over the course of several months really made life miserable for at least hundreds of Muslims once they realized the government was trying to spy on them.xe2x80x9d

Monteilh is transparent about one thing: Hexe2x80x99s in this for himself. xe2x80x9cI sought two things xe2x80x94 fame and fortune, in that order,xe2x80x9d Monteilh said. xe2x80x9cI wanted to make a name for myself. I wanted to make a reputation for myself that Ixe2x80x99m proud of. And the money comes later. I was an American spy, and I pulled it off, didnxe2x80x99t I? I love that about me.xe2x80x9d

Ahilan Arulanantham, 2016 MacArthur Fellow, ACLU Southern California Offices, Los Angeles, CA, 09.10.2016

Left: Ahilan Arulanantham of the American Civil Liberties Union. Right: Council of American-Islamic Relations California deputy executive director and staff attorney Ameena Mirza Qazi, middle, takes questions at the ACLU Foundation of Southern California headquarters in Los Angeles on Feb. 23, 2011.

nPhoto: John D. and Catherine T. MacArthur Foundation, Damian Dovarganes/AP

State Secrets

Monteilhxe2x80x99s road to fame and fortune has been a long one. The ACLU filed its lawsuitxc2xa0in 2011. Just six months later, then-Attorney General Eric Holder declared the state secrets privilege xe2x80x94 which allows the U.S. government to block the release of information that could harm national security. Holderxe2x80x99s claim covered all potential evidence in the ACLUxe2x80x99s lawsuit, a tactic the Bush administration had used aggressively in earlier cases, such as the ACLUxe2x80x99s challenge to the NSAxe2x80x99s warrantless wiretapping program.

xe2x80x9cThe government is saying: xe2x80x98We didnxe2x80x99t target people solely on the basis of religion. Beyond that, we canxe2x80x99t say anything because of state secrets, and therefore, the whole case has to be dismissed,xe2x80x99xe2x80x9d said Arulanantham.

The ACLU is not asking the U.S. government for any information related to Operation Flex. Arulanantham and the rest of the ACLUxe2x80x99s legal team believe that they can adequately make their case with testimony from Monteilh and the people he spied on for the FBI.

The Justice Department isnxe2x80x99t asserting the state secrets privilege to stop the ACLU from rooting around in classified files. Instead, the Justice Department is asserting that the ACLUxe2x80x99s claims are untrue xe2x80x94 that no one was targeted solely for their religious beliefs xe2x80x94 but that they canxe2x80x99t reveal the evidence to support that claim, even confidentially to a federal judge, because of national security concerns.

The state secrets privilege is a legal doctrine that was built on a lie. In 1948, an Air Force B-29 bomber, carrying secret navigational equipment, crashed in a rural area of Georgia. Four civilian crew members were killed in the crash, and their widows sued the government for copies of the accident report. The government asserted state secrets privilege, claiming that the release of the report would damage national security, and the U.S. Supreme Court agreed with the government. Decades later, in the 1990s, the Air Force crash report from 1948 was declassified, and it did not contain national security secrets. Instead, the report contained only evidence of the governmentxe2x80x99s negligence to maintain the aircraft and train the civilian crew members on escape procedures.

The state secrets privilege is a legal doctrine that was built on a lie.

State secrets privilege became more common in the post-9/11 era. From 2001 to 2009, for example, the government asserted the privilege in more than 100 cases, according to a report by Georgetown University. Earlier this month, the U.S. government asserted the privilege in a lawsuit filed by former Saudi counterterrorism official Saad Aljabri, who claims that Saudi Crown Prince Mohammed bin Salman tried to have him killed.

As with the 1948 crash case and the case involving the former Saudi official, the U.S. government claimed that information from Operation Flex would damage national security if it were made public in federal court.

In response to the governmentxe2x80x99s state secrets claim, a federal district court upheld the privilege and dismissed the lawsuit out of hand. A federal appellate court in 2019 then reversed the lower courtxe2x80x99s decision on all but one of the claims and ruled that the state secrets privilege was an overreach. The appellate court also ruled that the ACLUxe2x80x99s class of plaintiffs could seek monetary damages from the FBI for any warrantless wiretaps of their homes and offices associated with Operation Flex.

The appellate court suggested that the Justice Department can resolve the state secrets issue by following protocols established by the Foreign Intelligence Surveillance Act. Under that law, a federal judge can review secret government evidence and rule on whether the evidence supports the governmentxe2x80x99s claims.

If the government has secret evidence that exonerates the FBI in Operation Flex, Arulanantham will argue before the Supreme Court, xe2x80x9cthen they have to show it to a court and the court has to evaluate if thatxe2x80x99s actually true.xe2x80x9d

Thatxe2x80x99s the issue now before the Supreme Court, which will hear arguments on November 8. The Supreme Court ruling wonxe2x80x99t be on whether Operation Flex and similar post-9/11 surveillance programs were illegal but rather whether the U.S. government can assert state secrets privilege to avoid that very legal challenge. For that reason, this unusual case, involving a self-interested informant who believes that his spying was illegal but justified, has become one of the most significant legal challenges of the FBIxe2x80x99s post-9/11 abuses.

xe2x80x9cWe are at the highest court,xe2x80x9d Monteilh said. xe2x80x9cI donxe2x80x99t mind saying this part out loud: Wexe2x80x99re at that place because of me. I am the central figure of this case, arenxe2x80x99t I? Undoubtedly. And I am proud of that.xe2x80x9d

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Supreme Court to hear arguments on FBI’s surveillance of mosques : NPR


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shared this story
from Law : NPR.

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n The U.S. Supreme Court will hear arguments in a case centered on the FBI’s surveillance of mosques after 9/11.n n n n Jose Luis Magana/APn n nhide captionn

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The U.S. Supreme Court will hear arguments in a case centered on the FBI’s surveillance of mosques after 9/11.

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The U.S. Supreme Court hears arguments Monday in a case involving an FBI undercover operation at a mosque in California. Area Muslims are suing the FBI over a nearly year-long surveillance program that, at least publicly, yielded no results and proved a huge embarrassment to the bureau.

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How it began

In hindsight, the covert operation unfolded like some sort of black comedy. As Ira Glass reported on This American Life back in 2012, “It is a cautionary tale, a case where we can watch everything go wrong.”

It all started in 2006, in Orange Country, Calif. A home-grown terrorist on the FBI’s most-wanted list had come out of a mosque there, and relations between the faithful and the FBI had become so fraught that the head of the Los Angeles FBI office, Stephen Tidwell, decided he should do a town hall at one of the Orange County mosques.

He picked the Islamic Center of Irvine, and repeatedly sought at the meeting to assure the audience that the FBI was not monitoring them. If the bureau is going to come to the mosque, he told them, “We will tell you we’re coming for the very reason we don’t want you to think you’re being monitored.”

But even as he was saying that, the FBI was recruiting an undercover informant to infiltrate the mosque and catch anyone who might be recruiting and training terrorists. The informant was named Craig Monteilh, a trainer at a local gym who had a checkered past. He posed as a Muslim convert at the Irvine mosque, one of the largest in southern California.

As Sam Black reported for This American Life, “The FBI later confirmed in court that Craig was an undercover informant. A district attorney also stated in court that Craig did work with Agent Kevin Armstrong and that Craig had given the FBI ‘very very valuable information.'”

The bureau also has confirmed that Monteilh secretly recorded tons of audio and video of the people he was making friends with at the mosque.

‘You’re doing the right thing’

Soon he started pummeling his new friends with questions about jihad, Black reported, to the point that some people from the mosque started to hear complaints about it.

Monteilh would subsequently confirm that he eventually did much more than ask questions about jihad.

“I said we should carry out a terrorist attack in this country,” he told This American Life. “We should bomb something.”

Monteilh said that to two of the men he’d been hanging out with, and they freaked out. They wanted to report what they had heard, but they didn’t know how to go about it. So they contacted Hassam Ayloush, director of the Council on American Islamic Relations in Southern California.

“I told them, ‘Calm down…you’re doing the right thing. You’re calling authorities. So even if the guy is planning on anything, you have nothing to worry about. You’re not accomplice,'” Ayloush recalled.

Now, Ayloush was the person who had arranged that earlier town hall with Los Angeles FBI chief Tidwell, so he called Tidwell to report Monteilh’s threats. But oddly, Tidwell, after thanking him for the tip, didn’t even ask for the alleged terrorist’s name.

In recounting all this on This American Life, reporter Black said, “Tidwell wouldn’t speak to me for this story, so I don’t know what he thought when his own informant was reported to him as a terrorist. But not long after this phone call, the FBI launched an investigation into Craig [Monteilh], which no matter how you look at it was a very strange undertaking. FBI agents going around asking questions about an FBI informant, treating him as an actual suspect they were investigating.”

The Muslim community came to believe that this was just another ploy, a way to leverage people and get them to inform on each other.

Eventually three of the people who were spied upon sued the FBI. The lead plaintiff is Sheikh Yassir Fazada who in 2006 was the imam at the Orange County Islamic Foundation.

A recording device hidden in a therapist’s office

“We believe that we were targeted not because of anything other than our religious beliefs,” he said in an interview with NPR last week. “Craig Monteilh said he was sent to surveil the Muslim community.” He recorded conversations, discussions at the mosque; he recorded the license plate numbers and took photos of people who were coming to the mosque, said Fazada. And he was “literally instigating, enticing” people, trying to get them “to become terrorists.”

Fazada, who is a therapist, is also incensed that he found in his office a remote control that he says turned out to be a recording device left there by Monteilh, a device that for a month recorded the personal and confidential sessions he had with his patients.

Monteilh testified that his FBI handlers considered Fazada to be a radical because he “directed students on how to conduct demonstrations and encouraged them to speak out.”

Fazada considers what the FBI did a breach of trust that cannot be repaired. Ultimately, he wants the FBI to destroy all the information that was gathered, especially recordings of counseling sessions.

“You couldn’t go into a Catholic church in the confession room and put bugs there because that would just be a violation of these people’s rights and their religious freedom,” he said. “That applies to people in therapy as well. It applies to people in a mosque, a synagogue, a church, any place of worship.”

There may be a justification for some of the government’s actions in this case. But if so, that information has not been made public, and we will not hear about it in the Supreme Court on Monday. The argument instead will focus basically on whether this case can move forward at all because the government argues that for it to produce any of the evidence gathered 15 years ago would jeopardize national security.

The Muslim plaintiffs contend that under the Foreign Intelligence Surveillance Act, known as FISA, a judge can review the material and, where appropriate, order that it be disclosed. And they claim that in a case like this, FISA, enacted in 1978, displaces the “state secrets privilege,” a doctrine created by the Supreme Court in the 1950s.

But the government counters that FISA was not meant for cases like this and that the courts must dismiss the case if the government certifies that disclosure would threaten national security. Here the government has made that certification, contending that this case cannot be litigated “without risking disclosure of state secrets–namely, whom (if anyone) the government was investigating and why.”

In its brief to the court, the Justice Department contends that it “does not lightly” invoke the state secrets privilege and that the Attorney General has personally approved the assertion. When the privilege is “properly invoked,” the government argues, “a court is neither authorized nor qualified to inquire further into privileged matters.”

Sheikh Fazada is not buying that argument, especially not after 15 years.

“They’re saying that we did what we did because we could not tell you why,” he says. “There is no one to see the merits of what you are doing. And national security just becomes this blanket that you can cover anything you want with it.”

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