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THE SECRET INGREDIENT: THE ROLE OF INFORMANTS IN NATIONAL SECURITY
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A Thesis Presented to the Faculty of San Diego State University
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In Partial Fulfillment of the Requirements for the Degree Master of Science in Homeland Security
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by Brandon Christian Cannon Summer 2011
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Copyright © 2011 by Brandon Christian Cannon All Rights Reserved
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Money is like muck, not good unless it be spread. —Francis Bacon
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ABSTRACT OF THE THESIS The Secret Ingredient: The Role of Informants in National Security by Brandon Christian Cannon Master of Science in Homeland Security San Diego State University, 2011 The role of informants in the United States plays a profound role in national security issues as well as in prosecuting criminals and potential terrorists. This document will analyze the use of informants through historical accounts, recent case studies, and the ever-present threats and challenges facing national security. The successful implementation of informants in national security policy, policy enablers can be able to better stop attempted acts of terrorism against the United States and interests abroad.
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TABLE OF CONTENTS PAGE ABSTRACT ...............................................................................................................................v LIST OF TABLES ................................................................................................................. viii ACKNOWLEDGEMENTS ..................................................................................................... ix CHAPTER 1
INTRODUCTION .........................................................................................................1 America’s Guidelines...............................................................................................3 Background ..............................................................................................................6
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A HISTORICAL PERSPECTIVE ...............................................................................10 Sun Tzu as Military Intelligence ............................................................................10 Judas Iscariot for Monetary Compensation ...........................................................10 Mata Hari as a Spy .................................................................................................11 Lady in Red as Money Compensation and Immigration Status ............................11 Billionaire as Nazi Collaborator ............................................................................12 T – 10 as Patriot and Self-Preservation..................................................................13 Linda Kasabian as Escaping Criminal Sentence ....................................................14 An Informant’s Active Role in the Death of a Reputed Communist for Patriotism ...............................................................................................................14 Deep Throat as a Patriot .........................................................................................16 The Senator from Massachusetts as Whistle Blower .............................................17 Sammy “The Bull” Gravano as Escaping Criminal Prosecution ...........................18 Linda Tripp as Motivation Unknown ....................................................................18 Jose Canseco as Vindictive ....................................................................................19
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ROLES, RECRUITMENT, & ILLUSTRATIONS .....................................................20 Citizen Informant ...................................................................................................20 Neighborhood Watch Program ..............................................................................20 Amber Alert ...........................................................................................................21 Report Drunk Drivers to 911 .................................................................................21
vii IRS Promoting Citizen Informants ........................................................................22 T Visas ...................................................................................................................22 U Visas ...................................................................................................................23 S Visas ...................................................................................................................24 Operation Red Dawn..............................................................................................26 4
EXTERNAL THREATS AND A GROWING NEED FOR INFORMANTS ............28 War on Drugs .........................................................................................................29 America’s Third War .............................................................................................32 War on Terror ........................................................................................................35
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INFORMANTS AND THEIR SIGNIFICANCE IN NATIONAL SECURITY .........38 Case Study I: The John F. Kennedy (JFK) International Airport Plot...................38 Case Study II: The Fort Dix Plot ...........................................................................39
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BLOWBACK ...............................................................................................................41 Calamity in Afghanistan ........................................................................................41 The Death of an Informant .....................................................................................42 Arizona SB 1070 ....................................................................................................45
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CONCLUSION ............................................................................................................46
REFERENCES ........................................................................................................................48
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LIST OF TABLES PAGE Table 1. Nonimmigrants Admitted Under S-Visa Category, FY1995-FY2004 ......................25
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ACKNOWLEDGEMENTS First and foremost I would like to thank Michael Wheat for agreeing to chair my thesis, and helping me get it completed. I would also like to thank my editor-in-chief David Gerak, and attorney George Siddell for his helpful input. I would also like to acknowledge Jim Cannon for his input and ideas, as well as my grandparents Jennings and Mary Cannon who without their support this would not have been possible. Thank you also to Ric Epps and Dr. Mac for agreeing to be on my thesis committee. Any others, whose name I have not listed that helped me along the way I would like to thank you for your time and consideration.
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CHAPTER 1 INTRODUCTION It is essential to seek out enemy agents who have come to conduct espionage against you and to bribe them to serve you. Give them instructions and care for them. Thus doubled agents are recruited and used. —Sun Tzu The Art of War The use of informants plays a major role in issues of national security in the United States. Informants represent a significant component of criminal prosecution, and are vital components in obtaining convictions, along with thwarting potential and terrorist attacks. Rising crime rates and overcrowded prison populations currently plaguing local, state, and federal governments. The use of informants represents both ethical and moral issues for all government agencies. The use of informants is well established, their importance, as well as prosecution reliance on, leads to many unanswered questions. But what is known is that the informants are a key mechanism in criminal prosecution and are essential in preserving our nation’s security. And when used, verification of information divulged is paramount. An informant is, “a person who gives information.”1 Generally speaking then, anyone who was to give information about another individual or occurrence could be labeled as an informant. One could then argue that spies are a type of informant because they supply vital information regarding sensitive issues that may not be readily available. Many of our most notorious trials in American history have had informants as a central component of information. I will illustrate cases of terrorism plots in the United States that have been overthrown as a result of informants and the information they supplied. This document will examine the use of informants from various perspectives within the U.S. criminal justice system and national security cases. There are different reasons for providing information, and benefits and repercussions for providing information. The various types of 1
“Informant,” Merriam-Webster Dictionary, accessed on April 7, 2010, http://www.merriamwebster.com/dictionary/Informant.
2 informant depend on the motivational factors of that particular informant. Some of these types are motivated by: money, patriotism, undercover law enforcement, the intent to provide false information, to escape prosecution, and those who do it out of envy or as vindication. Examples of each of these in case studies will be analyzed. The types of informants will be examined, while also focusing on the importance informants play in national security, and by outlining their importance in case studies. More specifically, this analysis will focus on the important role that informants fill in issues of national security. Because, what happens with informants can be positive or negative based on verification. The informant also plays sub roles that in most occasions require confidentiality. In fact, some informants require and demand complete confidentiality. Then there are informants that do not care about disclosure. There are also informants that want to remain completely anonymous. Known by many different names, the informant can be a matter of perspective. Informant, confidential informant, cooperator, source, are all terms commonly used by law enforcement. Rat, snitch, pigeon stool, narc, Fink, and squealer which are all street pejorative and used by persons who have a different perception than those in law enforcement. Persons who use street pejorative are more likely to use sayings like “snitches get stitches” while people in law enforcement would describe some informants as “future defendants working to eliminate the competition.” Therefore it is the perception of each term and who is giving it that defines the difference. In my research it is not my intention to neither label anyone with a positive or negative connotation nor advance any resolution. In my research, I became aware that it is common for people to view informants differently and it is common to have bias. While growing up in one of the worst labels that could be placed on an individual was that of a “snitch.” The negative stigma that snitching carries starts at a young age, perhaps, when kids first begin to “tattle” on siblings and fellow classmates. As kids grow older, they learn that “tattle telling” becomes snitching, ratting, squealing, and many other pejorative terms. In places such as prison, the repercussions for being labeled an informant could mean death, and at the very least will result in physical assaults. The most popular form of informant in terms of sheer numbers are those who are trying to escape prosecution.
3 Regarding the use of informants to escape prosecution author John Madinger states, “Threat of Incarceration: This motivation more than any other is responsible for informants coming to law enforcement. Criminals who are in trouble with the law have a strong preference against going to prison for their crimes.”2 He goes on to imply, “They also have a powerful motivation to cooperate with law enforcement to reduce the chances of a long(er) sentence.”3 As we will see with some of the individuals and case studies examined, this claim holds true. The fear of imprisonment serves as powerful incentive to cooperate and therefore become an informant.
AMERICA’S GUIDELINES The role of “confidential informants” represents some of the most important and contentious issues facing the criminal justice system today. Informants often provide crucial information criminal investigations - especially regarding narcotics investigations - based upon the informant’s contacts with criminals and knowledge of criminal activities that enable informants to provide essential information that is not available from other sources. Because many informants are criminals, law enforcement agencies must develop and enforce not only effective control procedures, but also provide training regarding the importance of the officer-informant relationship for obtaining necessary information for criminal investigations. Unfortunately, there are flagrant examples where inadequate informant procedures and lax enforcement policies have resulted in improper handling of informants and even government misconduct. An explicit example of confidential informant/government misfeasance is set forth in U.S. v. Eulogio Alvarez et al4. The DEA and other law enforcement agents supported a confidential informer to earn more than $400,000 in cash from the DEA, FBI, Secret Service, Bureau of Alcohol, Tobacco and Firearms, California Bureau of Narcotic Enforcement, L.A. County Sheriff’s Department, and the Santa Ana Police Department over a 10 year period by 2
J. Madinger, Confidential Informant (New York: CRC Press, 2000), 51.
3
Ibid.
4
United States v. Eulogio Alvarez et al., CR 02-355 FMC (2004); a published decision by the United States District Court Central District of California sanctioning the government by dismissing a criminal indictment.
4 directly paying commissions to “sub-informants” for providing drug buys that that might have constituted entrapment. Ruling U.S. District Judge Florence-Marie Cooper stated: “A law enforcement agency must not be allowed to shield itself from accountability by hiring someone outside of law enforcement wh is free to violated citizen’s rights.” The focal point for federal confidential informants is the “The Attorney General’s Guidelines Regarding the Use of Confidential Informants.” 5 The purpose of the Attorney General’s Guidelines is to establish a comprehensive federal policy regarding Confidential Informants in criminal investigations and prosecutions by the Department of Justice Law Enforcement Agencies and Federal Prosecuting Offices.6 Although the Attorney General’s Guidelines are quite comprehensive, it must also be recognized that many informants used in federal investigations and prosecutions have been cultivated and developed from state and local law enforcement agencies not subject to these guidelines; that federal informants can also be used by state and local law enforcement; and that informants can provide information to multiple law enforcement agencies. If not handled appropriately, informants can create problems and undermine investigations by the law enforcement agencies that use them, but if utilized judiciously with the proper controls, informants and undercover investigations are essential to law enforcement agencies to identify and seize property used or intended to commit crimes, proceeds of a crime, and racketeering interests acquired or conducted through criminal enterprises. To ensure proper and effective use of informants, law enforcement agencies must establish and adhere to definitive written policies and procedures identifying the specific roles and responsibilities of all parties including appropriate designated decision makers, supervisors, and investigators:
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Council of Inspectors General on Integrity and Efficiency, “The Attorney General’s Guidelines Regarding the Use of Confidential Informants,” accessed on March 26, 2011, http://www.ignet.gov/pande/standards/prgexhibith.pdf. 6
Ibid, 1. “I. GENERAL PROVISIONS; A. Purpose and Scope. The purpose of these Guidelines is to set policy regarding the use of Confidential Informants, as defined below, in criminal investigation and prosecutions by all Departments of Justice Law Enforcement Agencies and Federal Prosecuting Offices, as defined below.”
5 1. The first point is that in the time of tighter budgets, there must be allocation sufficient financial and personnel resources to ensure proper implementation of the policies and training personnel to effectively work with informants (including using labels that are unintentionally demeaning.) 2. Control procedures must include a comprehensive informant file system including personal, descriptive, and criminal information about informants. The informant file system should provide information regarding informants’ credibility and reliability with corroborating information provided from investigations. 3. Investigators must receive appropriate supervisory approval before using confidential informants in an investigation, and then ensure that informants understand the provisions of their agreement with the agency. 4. Recognizing that even where law enforcement agencies have established protocols for informant control, law enforcement investigators still constantly face difficult ethical issues when working with informants and maintain their professionalism. This thesis will propose, in more detail, the following black letter topics regarding how law enforcement investigators can be more effective dealing with confidential informers for the purpose of producing less biased and perjured information and testimony without extensive court supervision Ethical Issues: To enable investigators to avoid common problems, governmental agencies must provide training programs to prepare investigators to deal with informants including informant motivation, procedures for informant control, utilization of informant information, and problems associated with informant contact. Maintaining a professional relationship: Law enforcement officers’ role requires them to show concern in order to gain the informants’ confidence; without crossing the line between a professional relationship and that of a personal nature. Importance of understanding an informant’s motivation: Understanding informants’ motives can often be determined through an interview and background check, however, a more detailed and specific motivation information can assist law enforcement officers to detect possible informer setups. Necessity of corroborating information: When feasible, corroboration of informer information often reduces the likelihood that informants will have to testify in court, verifies the information is reliable, and provides a firewall for information leading back to the informant. When important information cannot be corroborated continuing the investigation might ultimately require the informant to testify in court.
6 Proper handling of money, property and illicit drugs: All funds, property and controlled substances must be handled and disposed of in accordance with agency policy and procedures. Properly documenting informer activities: Informants must only observe and cannot instigate criminal acts; consequently the activities of informants must be documented thoroughly to show that informants did not engage in entrapment or other improper activities. Necessity of keeping promises to maintain street creditability: Investigators and governmental agencies to maintain street credibility must be able to deliver their promises to informants. When to terminate relationship with informer: When an informants flagrantly provides false information or believes the valuable information they provide to police is so important they will be exempt from prosecution, investigators must know when to terminate the relationship. Even though these informants may provide usable intelligence, such behavior at some point requires agencies to terminate the relationship.
BACKGROUND The September 11, 2001 (9/11) attacks had profound and immediate effects on the American people and have resulted in major national security reassessments including the desirability of informants to provide information for the purpose of preventing future catastrophes. Prior to 9/11, it was well established in all levels of criminal law enforcement that informants played a major role in criminal prosecutions. The Oklahoma City bombing and 9/11 established the need of a United States national security apparatus to adapt to the changing circumstances and develop more emphasis on the proactive use of informants and intelligence, due to small numbers of dedicated terrorists with limited financial resources and minimal training that were capable of mass murder. In times of national emergency the United States has historically utilized whatever resources were available to combat threats to its security. When the banking and security
7 exchange systems collapsed during the Great Depression, President Franklin D. Roosevelt brought in “New Deal” reforms and appointed Joseph Kennedy, Sr.,7 to serve as the first Chairman of the SEC, based upon his business and political acumen.8 Kennedy's work as SEC Chairman was successful because investors believed that the SEC protected their interests and also because of the requirements for companies to regularly file financial statements with the SEC, which broke what many perceived as the information monopoly controlled by large banks. In short, Joseph P. Kennedy, Sr., was chosen as the first SEC Chairman precisely because he had been so remarkably successful skirting the existing security regulations. After the attack on Pearl Harbor, the United States quickly mobilized and girded for war. Besides the well-know internment of Japanese Americans during WWII, the U.S. government openly enlisted the services provided by criminal organizations. Because of concerns about U.S. seaport security, the United States government established Operation: “Underworld” that enlisted the cooperation of organized crime figures from 1942 until 1945 for the purpose of counteracting enemy espionage and saboteurs in U.S. northeastern seaboard ports, avoiding wartime labor union strikes, and to limit theft by blackmarketeers of vital war material.9 With the end of WWII the United States enjoyed intense prosperity and organized crime using criminal proceeds and unlawful competitive advantages such as using union 7
According to some accounts, Kennedy was associated in the "Bear Raid" that precipitated the 1929 stock crash, as well as much of the bootlegging activity that was current at the time. Kennedy made a large fortune as a stock market and commodity investor and by investing in real estate and a wide range of industries. He never built a significant business from scratch, but his timing as both buyer and seller was usually excellent. Sometimes he made use of inside information in ways which would later be made illegal, but regulations were lighter in his era. 8
Kennedy later claimed he knew the rampant stock speculation of the late 1920s would lead to a crash and that he knew it was time to get out of the market when a shoe-shine boy offered stock tips. During the Depression Kennedy vastly increased his financial fortune by investing most of it in real estate. From 1929 to 1935, Kennedy's estimated fortune increased from $4 million to $180 million -- equivalent to more than $2.5 billion today. 9
Operation “Underworld” started when the U.S. Navy Office of Naval Intelligence (ONI) Third Naval District in New York set up a special security unit and sought the help of Joseph “Socks” Lanza, who controlled the International Longshoreman’s Association. Joseph Lanza approached Charles "Lucky" Luciano, the Boss of the five New York crime families who agreed to cooperate in return for an early release from prison. Cardinal Francis Spellman, Archbishop of New York and U.S. military vicar served as the intermediary between President Roosevelt and organized crime bosses Frank Costello and Charles “Lucky” Luciano (who was released from prison in 1946 after serving 9 1/2 years of a 50 year sentence.)
8 funds to finance their purchases, began to take over and compete with previously legitimate businesses. Organized crime quickly infiltrated business activities such Las Vegas gambling, hotels, garbage handling, government and private contracting and construction companies, etc. where they could skim proceeds and expand their businesses by employing traditional criminal methods including bribery, extortion, illegal price fixing, planned bankruptcy, and insurance fraud. Because of the perceived threat to the United States based on organized crime “criminal enterprises,” the federal government enacted federal laws such as the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 USC §1960-1968, that made it possible for lower level informants to provide essential evidence for the federal government to not only prosecute all echelons of organized crime but to also immediately freeze and ultimately seize the assets of their criminal enterprises. Under RICO, a person who is a member of an enterprise that has committed acts involving any two of 35 crimes (27 federal crimes and 8 state crimes) within a 10-year period can be charged with racketeering and fined up to $25,000 and sentenced to 20 years in prison per racketeering count. The racketeer must also forfeit all ill-gotten gains and interest in any business gained through a pattern of “racketeering activity.” The U.S. Attorney has the option of seeking a pre-trial injunction to temporarily seize a RICO defendant's assets and prevent the transfer of potentially forfeitable property to ensure that there is something to seize in the event of a guilty verdict. The threat of a RICO indictment can often force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts. RICO also provides for private civil suits in federal court enabling a "person damaged in his business or property" to sue one or more "racketeers." The civil RICO plaintiff must prove the existence of a "criminal enterprise” separate from the defendant(s). Both federal and civil RICO suits provide for recovery of treble damages of the amount of actual/compensatory damages plus legal expenses for civil plaintiffs. In the aftermath of 9/11, the USA PATRIOT Act (commonly known as the "Patriot Act") was signed into law by President George Bush on October 26, 2001. The Patriot Act provided for drastically fewer restrictions on law enforcement agencies' ability to search telephone, E-mail
9 communications, medical, financial, and other records; while easing restrictions on foreign intelligence gathering within the United States, expanded the Security of the Treasury’s authority to regulate financial transactions, including those involving foreign individuals and entities; and provided broad discretion for law enforcement and immigration authorities to detain and deport immigrants suspected of terrorism-related acts. Terrorism was also defined to specifically include domestic terrorism thereby expanding law enforcement activities under the Patriot Act. Also in response to the 9/11 attacks, President George W. Bush established the Office of Homeland Security (OHS) to coordinate "homeland security" efforts lead by former Pennsylvania Governor Tom Ridge, who assumed the title of Assistant to the President for Homeland Security and began his duties as OHS director on October 8, 2001. The official announcement stated: The mission of the Office will be to develop and coordinate the implementation of a comprehensive national strategy to secure the United States from terrorist threats or attacks. The Office will coordinate the executive branch's efforts to detect, prepare for, prevent, protect against, respond to, and recover from terrorist attacks within the United States. The Department of Homeland Security (DHS) was established on November 25, 2002, by the Homeland Security Act of 2002 to consolidate U.S. executive branch organizations related to "homeland security" into a single Cabinet agency with the primary goal to prepare for, prevent, and respond to domestic emergencies, particularly terrorism. On March 1, 2003, DHS absorbed the Immigration and Naturalization Service (INS) and assumed its duties. In doing so, it divided the enforcement and services functions into two separate and new agencies: Immigration and Customs Enforcement (ICE) and Citizenship and Immigration Service. The former U.S. Customs Service and the Animal Plant Health Inspection Services were consolidated into a new DHS agency: U.S. Customs and Border Protection. From this brief overview of how the United States federal government has responded to previous perceived national emergencies, let us now consider the historical use of informants.
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CHAPTER 2 A HISTORICAL PERSPECTIVE Keep people's secrets and don't tell them to others or use them against them. —Saddam Hussein The deposed dictator’s view on confidentiality
SUN TZU AS MILITARY INTELLIGENCE In his defining work, The Art of War, Sun Tzu wrote about the use of informants in the fifth century B.C. as a means of gaining an edge on the battlefield. He wrote, “Knowledge of the enemy’s disposition can only be obtained from other men.”10 The work is regarded as a masterpiece in warfare for winning battles with wisdom. Even over two thousand years ago, the use of informants for the acquisition of vital information was paramount, as is detailed in Sun Tzu’s writings.
JUDAS ISCARIOT FOR MONETARY COMPENSATION Without a doubt, one of history’s most infamous informants is Judas Iscariot. Even now, two thousand years later, people might refer to informers or back-stabbers as a “Judas.” His name for this reason belongs in the informant conversation. It is impossible to understand entirely the motivation behind Judas selling out the man believed to be the son of God, but money and jealousy may have perhaps been the two reasons. Judas was perceived to be a true believer who was a disciple of Jesus Christ’s inner circle and frequently traveled together. There are several instances that give us a glimpse at the circumstances surrounding his betrayal and transformation into an informant. The gospel of Matthew 27:3-5 states after the betrayal, “Then Judas, his betrayer, seeing that He had been condemned, was remorseful and brought back the thirty pieces of silver to the chief priests and elders, .... Then he threw down the pieces of silver in the temple and departed, and went and hanged himself.”11 10
S. Tzu, The Art of War (New York: Barnes & Noble Classics, 2003), 59.
11
Matt. 27:3-5 (New King James Version).
11 Regardless of someone’s religious beliefs or disbeliefs, the story of Judas Iscariot is an important allegory, as it is one of the most well-known instances of the informant who does it for monetary compensation. The story ultimately ends with the crucification of Jesus Christ.
MATA HARI AS A SPY A notorious spy during the 1st World War, Mata Hari, an exotic dancer, was caught and executed by the French for espionage. Born in the Netherlands as Margaretha Geertruida Zelle she moved to Paris and took up work as a dancer. While exaggerating her background to come across as exotic she wore jewelry and not much clothing. During World War I, her frequent traveling across international borders and her myriad companions caused several countries to wonder if she was a spy or possibly a doubleagent. People who had met her say that she was sociable, but just not smart enough to pull sophisticated espionage. However, the French were confident that she was a spy and arrested her on February 13, 1917. After a short trial in front of a military court, conducted in private, she was sentenced to death by firing squad. On October 15, 1917, Mata Hari was shot and killed. She was 41 years old. Although her true identity will probably never be known as an informant or spy, her story is nevertheless intriguing and remains a romantic version of espionage.
LADY IN RED AS MONEY COMPENSATION AND IMMIGRATION STATUS One of the most infamous bank robbers in American history was John Dillinger. Dillinger became notorious during the height of the Great Depression for his brazen bank robberies throughout the American Midwest. He along with fellow gang members like Machine Gun Kelly managed to bring the label “public enemy’s” into popular culture, Dillinger being “public enemy number one.” On July 22, 1934 at approximately 10:20pm, he would be gunned down as he was leaving The Biograph Theater in Chicago, Illinois. His betrayer was Anna Sage, better known as the “woman in red” who although dressed in orange as to better stand out to FBI agents, informed on him for a cash bonus and a promise to help her from being deported back to her home nation of Romania. She was the roommate of Polly Hamilton, a 26 year old waitress and Dillinger’s girlfriend.
12 “Polly rented a room from a friend, Anna Sage, who had an apartment on the north side.”12 The dilemma Anna Sage faced is chronicled in a biography of Dillinger, “On July 12, 1934, a week after Dillinger moved in, Sage received final notice from the U.S. Immigration Service that her appeals to remain in the country had been turned down and a warrant issued for her deportation.”13 After public enemy number one had been killed, Anna Sage, “The infamous Lady in Red, Anna Sage, received $5,000 from the DI for her service…and was subsequently deported in 1936.”14
BILLIONAIRE AS NAZI COLLABORATOR A famous holocaust survivor, George Soros, is a polarizing figure due to his highprofile political exposure with a net worth of over a billion dollars. He is recognized for his financial support of far-left organizations like moveon.org. However, George Soros has a checkered past that goes unnoticed. Born in Budapest, Hungary as a Jew, Soros survived the Holocaust. On paper, that would seem like a positive notion. But the reality of how he survived the ordeal is what will be addressed for George Soros survived the Holocaust by being a Nazi collaborator and did so in a manner that ultimately saved his life. The Nazi forces invaded Hungary in 1943 and, “Within days of their March 19 invasion, Adolf Eichmann, the head of the Gestapo’s Jewish section, arrived in Budapest to oversee the destruction of the 750,000 Jews then living in the country. “15 Soros’ Nazi collaboration is described by his biographer as: George, meanwhile, began working as a courier for the Jewish Council, which had quickly been established by Eichmann, As in other cities where the Nazis had set up such organizations, the council was intended as a first step to the identification and registration of Jews, which would be followed by herding them into ghettos and ultimately their deportation to forced labor and death.16
12
J. Toland, The Dillinger Days (New York: De Capo Press, 1995), 314.
13
E. J. Gorn, Dillinger’s Wild Ride (New York: Oxford University Press, 2009), 139.
14
D. Matera, John Dillinger (New York: Carroll & Graf, 2004), 365.
15
M. T. Kaufman,. Soros (New York: Alfred A. Knopf, 2002), 30.
16
Ibid., 32.
13 As a token of remembrance the biographer goes on to state, “years after the war, the Budapest bar association put up a plaque in its offices bearing the names of more than six hundred Jewish lawyers who perished after responding to the summonses of 1944.”17
T – 10 AS PATRIOT AND SELF-PRESERVATION Long before a successful career in politics, Ronald Wilson Reagan was a Hollywood movie screen actor. Commonly referred to as a cold war warrior, Ronald Reagan was an ardent admirer of President Franklin Delano Roosevelt and a man on the left. During his early time in Hollywood he was a member of The Hollywood Independent Citizens’ Committee of the Arts, Sciences, and Professions, otherwise known as HICCASP. The group had helped in the reelection of F.D.R. and had known communist ties at the time. Reagan at the time dismissed communist allegations as nothing more than “Republican Propaganda.” At this moment in time, Reagan was head of the Screen Actors Guild, who at the point in time was on strike. Reagan describes his initial meeting with the F.B.I. in which they disclosed that Reagan’s name had come up at a communist party meeting and had heard someone state at the party, “What the hell are we going to do about that son-of-a-bitching bastard Reagan?”18. John Patrick Diggins, a Reagan biographer states in part regarding the meeting, “The FBI had asked him, as well as Jane Wyman, to stay in HICCASP to become informants. Reagan’s FBI code name was T-10.”19 Ronald Reagan’s motive at this point was to help preserve his acting career from communist saboteurs as well as flush out communists from Hollywood, and in particular, the Screen Actors Guild. After making several speeches denouncing both fascism and communism Reagan was found with an unexpected quietness after decrying communism. Reagan than took to the task to do what he felt was right. Reagan explains his accomplishment and cooperation with the matter partly as, “In the end, we stopped Communists cold in Hollywood, but there was a dark side to the battle;
17
Ibid., 33.
18
R. W. Reagan, An American Life (New York: Pocket Books, 1990), 111
19
101.
J. P. Diggins, Ronald Reagan: Fate, Freedom, and Making of History (New York: W.W. Norton, 2006),
14 unfortunately, it was a story with victims as well as villains.”20 Although Reagan helped eliminate the communist threat he also spoke about the injustices that occurred in the search when he said, “Some members of the House Un-American Activities Committee came to Hollywood searching more for personal publicity than they were for Communists. Many fine people were accused wrongly of being Communists simply because they were liberals.”21
LINDA KASABIAN AS ESCAPING CRIMINAL SENTENCE A high profile case that involved the government giving full immunity in exchange for complete testimony against members of the Manson Family, was that of Linda Kasabian. During the late 1960’s Kasabian was present during the Manson family murders at the house of actress Sharon Tate, and the next night, she stood watch outside the home of Leo and Rosemary LaBianca as they were brutally attacked and murdered. After fleeing the Manson Family ranch, she would eventually turn herself in warrants for her arrest were issued. The ordeal of her testimony was given as, She immediately turned herself in to authorities and turned state's evidence in exchange for immunity. Her testimony was invaluable for the prosecution in TateLaBianca murder trial. Co-defendants Charles Manson, Susan Atkins, Patricia Krenwinkel and Leslie Van Houten were found guilty largely based on Kasabian's direct and honest testimony.22
AN INFORMANT’S ACTIVE ROLE IN THE DEATH OF A REPUTED COMMUNIST FOR PATRIOTISM The next informant, while curious, is difficult to label, because of different sources’ scrutiny of the story. The story must be told because it involves one of the most prominent and well recognized persons of the 20th century. Ernesto “Che” Guevara is listed in Time Magazine as one of the 100 most important people of the century and describes his legacy after death as, “he remains the potent symbol of rebellion and the alluring zeal of revolution.”23 Regardless of the reality of his accomplishments and truth about his 20
Reagan, An American Life, 114.
21
Ibid.
22
C. Montaldo, “Linda Kasabian,” About, accessed on February 19, 2010, http://crime.about.com/ od/murder/p/kasabian.htm. 23
A. Dorfman, “Che Guevara,” The Time 100, June 14, 1999, http://205.188.238.181/time/ time100/heroes/profile/guevara01.html.
15 mendacity, his end came at the hand of an informant, Honorato Rojas. (The English translation of his first name is “honor.”) The only thing in question about the informing he did was whether he did it under duress of threats from the Bolivian Military. New York Times biographer John Lee Anderson claims duress, but others suggest he did it to spare Bolivia the same deprived doom as Cuba, and nullify communism in his country in the name of patriotism. According to the Bolivian diary of Che Guevara he described Honorato Rojas as, “a poor peasant, …lived with his large family…met the guerillas during the February expedition and collaborated with them.”24 According to Anderson, “Honorato had been arrested, pressured, and turned by the army…”25 Honorato Rojas was a poor Bolivian peasant who had first made the acquaintance of Che’s guerilla fighters in February of 1967. Then in late August of the same year Rojas came in contact with the fighters and was asked the best way to get across a river basin, which he successfully did. “And right after he then scurried over to the headquarters of Bolivian army captain Vargas Salinas and gave him the precise location of the crossing.”26 The Bolivian army set up several machine guns and soldiers along the crossing and what ensued was an ambush that resulted in the annihilation of Che’s “rear” guard. After the massacre, the next day, “At sunrise the soldiers started moving about, and Honorato Rojas arrived with fried pork for the troops.”27 After the massacre that occurred resulting in a loss of a third of the small fighting force, Honorato Rojas received praise in person by the then President of Bolivia as described by Anderson, “publicly congratulated the civilian hero of the episode.”28 Although Che’s revolution in Bolivia was doomed from the beginning, and was victim to myriad problems, it would be through the use of informants that helped bring a quicker end to his forces operations inside Bolivia, and helped lead to his capture, and
24
E. Guevara, The Bolivian Diary (New York: Ocean Press, 2006), 298.
25
J. L. Anderson, Che: A Revolutionary Life (New York: Grove Press, 1997), 724.
26
H. Fontova, Exposing The Real Che Guevara and The Useful Idiots Who Idolize Him (New York: Sentinel, 2007), 188. 27
H. Villegas, Pombo: A Man of Che's Guerrilla (New York: Pathfinder, 1997), 247.
28
Anderson, Che: A Revolutionary Life, 725.
16 pursuant death. Honorato Rojas two years after being publicly congratulated by the Bolivian President was caught and murdered in front of his family by an ELN commander.
DEEP THROAT AS A PATRIOT The most infamous informant in recent American history had a hidden identity that was not revealed until post mortem. This informant was the number two in charge at the FBI and was able to conceal his identity throughout his lifetime. After his death, W. Mark Felt’s identity as Deep Throat was finally released. W. Mark Felt approached Bob Woodward, a young columnist working for the Washington Post with Carl Bernstein with inside information regarding the Executive Branch. The scandal began after five men were arrested for attempting to break into the Democratic National Committee’s headquarters located in the Watergate office in Washington, D.C. A paper trail later revealed that the burglars were paid out of a fund that was connected to a re election fund for President Nixon. The Watergate scandal ultimately ended in the resignation of President Richard M. Nixon, and W. Mark Felt is a perfect example of an informant whose identity was completely anonymous. In the book detailing the Watergate scandal and the chain going all the way up to the President, All The President’s Men details the relationship between the two journalists and Deep Throat. When describing in part the contact they had, “He could be contacted only on very important occasions. Woodward had promised he would never identify him or his position to anyone. Further, he had agreed never to quote the man, even as an anonymous source.”29 The meetings between the journalists and the informant took place in a parking garage and a bar with many safety precautions before, during, and after meetings. Decades later, in 2005, W. Mark Felt revealed that he was “Deep Throat” and it was confirmed as true by both Carl Bernstein and Bob Woodward. Until this day the motive behind Felt’s informing remains subjective and unknown, but patriotism could be argued was the reasoning.
29
B. Bernstein and B. Woodward, All The President’s Men (New York: Pocket Books, 1974), 71.
17
THE SENATOR FROM MASSACHUSETTS AS WHISTLE BLOWER Former Presidential candidate and senior senator from the state of Massachusetts John Kerry is a difficult person to categorize because he originally played the role of whistleblower, and, later his statements were strongly refuted. After having his statements refuted it can be argued that quite possibly he played the role of informant to spread misinformation. On one hand; he is a whistleblower that informed on his fellow Americans about their devious actions during the Vietnam War. On the other; he is an informant who spread misinformation about his fellow Americans as told, debated, and reported by his fellow Vietnam Veterans. His role as whistleblower is evident when he sat in front of congress and made the following statements: They told the stories at times they had personally raped, cut off ears, cut off heads, taped wires from portable telephones to human genitals and turned up the power, cut off limbs, blown up bodies, randomly shot at civilians, razed villages in fashion reminiscent of Genghis Khan, shot cattle and dogs for fun, poisoned food stocks, and generally ravaged the countryside of South Vietnam in addition to the normal ravage of war, and the normal and very particular ravaging which is done by the applied bombing power of this country30 These statements were made in conjunction with other testimony in opposition to the ongoing war in Vietnam. Arguably the most difficult informant roles to distinguish is the role of the informant of misinformation. In a letter signed by two hundred swift boat veterans they stated in part: Senator Kerry, we were there. We know the truth. We have been silent long enough. The stakes are too great, not only for America in general but, most importantly, for those who have followed us into service in Iraq and Afghanistan. We call upon you to provide a full, accurate accounting of your conduct in Vietnam.31 Based on the information provided by fellow swiftees that served with John Kerry, some of them fellow officers, make a case that John Kerry was in fact spreading misinformation 30
E. Bolt, ed., “Vietnam War Veteran John Kerry's Testimony before the Senate Foreign Relations Committee, April 22, 1971,” accessed on January 14, 2010, https://facultystaff.richmond.edu/~ebolt/history398/ johnkerrytestimony.html. 31
J. R. Corsi and J. E. O’Neil, Unfit for Command (Washington, DC: Regnery, 2004), 175.
18 about American servicemen. Although they did not directly refute his testimony, the swiftees definitely challenged his credibility, and, most could argue, did it for political posturing.
SAMMY “THE BULL” GRAVANO AS ESCAPING CRIMINAL PROSECUTION One of the most well-recognized and fairly recent example of an informant is Salvatore “The Bull” Gravano. His testimony against reputed crime boss John Gotti resulted in his receiving a considerably lesser prison sentence. Criminologist/Author Carlo Morselli describes the events as, “The arrests of the Gambino family administration – boss John Gotti, underboss Salvatore Gravano, and consigliere Frank Locascio – led to a series of turnabouts resulting from Gravano’s decision, in October 1991, to become an FBI informant.”32 Gravano’s testimony during the trials would lead to convictions resulting in a life sentence for John Gotti without the possibility of parole. Before Gravano’s testimony, John Gotti was given the nickname the “Teflon Don” by media due to his ability to avoid criminal charges sticking to him. The most controversial ethical debate over allowing Gravano a lighter testimony was his own admission as participating in at least nineteen murders. Gravano received a five year sentence in exchange for his cooperation and serves today as the poster child for informants who exchange their testimony for a reduced prison sentence.
LINDA TRIPP AS MOTIVATION UNKNOWN One of the most controversial events in American prosecutorial history occurred during the Clinton Administration, when it was alleged that the President was having an affair with a White House intern named Monica Lewinsky. Lewinsky made the mistake of revealing details of her affair with the president to co-worker Linda Tripp. In September 1997, unbeknownst to Lewinsky, Tripp began secretly taping their conversations about the affair. President Clinton describes Tripp’s involvement in the scandal in his memoirs as,
32
C. Morselli, Contacts, Opportunities, and Criminal Enterprise (Toronto: University of Toronto Press, 2005), 83.
19 “Late on Monday, January 12, 1998, Tripp phoned Starr’s office, described her secret taping of Lewinsky, and made arrangements to turn over those tapes.”33 This led to a public humiliation of the president and the infamous remarks, “I did not have sexual relations with that woman.” Linda Tripp at the time of the scandal was an employee who turned informant. Her motives today remain elusive.
JOSE CANSECO AS VINDICTIVE An example of an informant who was motivated by envy and monetary gain can be found in former baseball slugger Jose Canseco. In 2007, his first year of eligibility, Jose Canseco was declined entrance into the Major League Baseball’s hall of fame in Cooperstown, New York. The reason is that several years before, Canseco wrote a “tell-all” book that exposed several ex teammates of his and other baseball stars of their various indiscretions. He wrote in his book about Jason Giambi, “As surely as he went overboard with partying and chasing women, Giambi went overboard with steroids.”34 Jose Canseco violated the players’ unwritten code of silence while turning informant and damaged the reputation of several high-profile athletes at the time. His book would make the New York Times Bestsellers list, but his reputation would further decline. His accusations included (but were not limited to) big stars such as Mark McGwire, Rafael Palmeiro, Iván Rodríguez and Juan González. These four players are considered hall-of-fame-worthy baseball stars, but will likely have a more difficult time entering, case-in-point: Mark McGwire’s 2008, 2009, and 2010 ballot rejections.
33
B. Clinton, My Life (New York: Alfred A. Knopf, 2004), 774.
34
J. Canseco, Juiced (New York: HarperCollins, 2005), 168.
20
CHAPTER 3 ROLES, RECRUITMENT, & ILLUSTRATIONS Ladies and Gentlemen, We Got Him! —Paul Bremer After Capture of Saddam Hussein The recruiting of informants is a tedious task-one that requires sometimes overlooking ethical issues and boundaries. By looking at some different roles of informants ones that are authorized and spread by American law enforcement it will allow us to look and think outside the box when it comes to the role of citizen informants. This chapter will look at some of the lesser known recruiting mechanisms for informants and an illustration through a case that details the importance of informants in national security and its profound effect.
CITIZEN INFORMANT One area of informants that is generally overlooked is the role of the citizen informant. The citizen informant is the role of the general public to keep and protect public safety in their respective communities. In this aspect, the private citizen plays the role of the guardian in the community. The government pushes the role of citizen informant through different programs such as the Amber alert warning system, of reporting drunk drivers by calling 911and following signs posted along freeways, and the Neighborhood Watch signs posted in and around different municipalities. The citizen informant is maybe the only informant role that is not frowned upon in most circles due to the nature of private citizens protecting themselves and their neighborhoods integrity. This area seems to be a more sanitized version of the informant opposed to the criminal version that is seen as being a “snitch.”
NEIGHBORHOOD WATCH PROGRAM The premise of the neighborhood watch program is that vigilant neighbors looking out for one another will lead to lesser crime and more reporting of crimes that occur. The neighborhood watch program was originally created by the National Sheriffs' Association, in
21 conjunction with several federal agencies back in 1972. Their official website states their purpose as, Our nation is built on the strength of our citizens. Every day, we encounter situations calling upon us to be the eyes and ears of law enforcement. Not only does neighborhood watch allow citizens to help in the fight against crime, it is also an opportunity for communities to bond through service. The Neighborhood Watch Program draws upon the compassion of average citizens, asking them to lend their neighbors a hand.35
AMBER ALERT The Amber alert system is a recent implemented government action taken in response to child abductions. The state of California has put up electronic message boards along the freeways and posts messages when there’s news to report on a missing child and an alleged vehicle of interest. The message is posted for people driving on the freeway, so if a vigilant citizen spots the vehicle, they will notify by calling 911. The general information that is posted is the year, make, and model of the vehicle, along with how many doors and the color. This creates a citizen informant when the vehicle is seen and 911 is dispatched. The official program is run by the United States Department of Justice and is described on their website as, The AMBER Alert™ Program is a voluntary partnership between lawenforcement agencies, broadcasters, transportation agencies, and the wireless industry, to activate an urgent bulletin in the most serious child-abduction cases. The goal of an AMBER Alert is to instantly galvanize the entire community to assist in the search for and the safe recovery of the child.36
REPORT DRUNK DRIVERS TO 911 As seen in and around the country, local governments have created a situation where it asks fellow citizens to inform on one another. The state of California’s Office of Traffic Safety states on their website, “…and if you see a drunk driver on the road, call 911. The public can use the emergency number to report and help the CHP identify drunk drivers….”37 Law enforcement is encouraging private citizens to anonymously report suspicious drivers 35
USAonWatch Homepage, accessed on April 2, 2010, http://www.usaonwatch.org/.
36
AMBER Alert Homepage, accessed on April 2, 2010, http://www.amberalert.gov/.
37
California Office of Traffic Safety, “DUI Crackdown,” accessed on January 10, 2010, http://www.ots.ca.gov/Media_and_Research/campaigns/DUI_Crackdown/default.asp.
22 who might be driving while intoxicated. These signs can be seen on the side of most major highways. They are posted on blue signs, and are reminders to private citizens to report drunk drivers to local law enforcement.
IRS PROMOTING CITIZEN INFORMANTS The most interesting trend in the citizen informant category is the over the top efforts by the Internal Revenue Service to promote private citizens to inform on others. The process can be started out by filling out IRS form 211 and mailing it to an address provided on the back of the form to Internal Revenue Service, Whistleblower Office, SE: WO, 1111 Constitution Ave., NW Washington, DC 20224. The program, which went into effect in 2006 is looking for people to file claims against alleged tax evaders, and in turn, is promised a 15 to 30 percentage of any amounts the IRS collects. Those who are eligible are described on the IRS website as, The IRS may pay awards to people who provide specific and credible information to the IRS if the information results in the collection of taxes, penalties, interest or other amounts from the noncompliant taxpayer. The IRS is looking for solid information, not an “educated guess” or unsupported speculation. We are also looking for a significant Federal tax issue - this is not a program for resolving personal problems or disputes about a business relationship.38 This serves as a perfect example of a government run program that is actively asking for citizens to inform about another’s activities.
T VISAS The “T” visa was created by congress in October 2000 by passing the law known as the Victims of Trafficking and Violence Protection Act (VTVPA). The new law allowed for temporary status to be given to victims of human trafficking by assisting in the criminal prosecution. The Department of Homeland Security defines human trafficking as: Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social safety nets. The T nonimmigrant visa allows
38
Internal Revenue Service,“Whistleblower – Informant Award,” accessed on April 2, 2010, http://www.irs.gov/compliance/article/0,,id=180171,00.html.
23 victims to remain in the United States to assist federal authorities in the investigation and prosecution of human trafficking cases.39 United States law strictly prohibits human trafficking and severely prosecutes those who do it for labor or sex. The thirteenth amendment strictly prohibits slavery of involuntary servitude. The “T” visa allows for victims to come forward and assist law enforcement while being given status to legally remain in the United States. Relatives of victims are also eligible to apply for the “T” visa and go through a similar application process to be given derivative nonimmigrant status. Included in the Appendix is a copy of the I-914 Application for T Nonimmigrant Status.
U VISAS The “U” visa was created for immigrants who are victims of certain crimes. The crimes must be severe and include: Rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage situations, peonage, false imprisonment, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.40 The approved applicant must apply and can be given upon approval temporary legal status which allows for them to also work with legal documentation. The application for the “U” visa is contingent on the victim/applicant being able to provide evidence of how they can assist law enforcement in prosecuting the crime in which they were involved as the victim. An I-918 then must be certified before approval by a law enforcement agency. According to the U.S. Citizenship and Immigration Services the amount of “U” visas for the fiscal year of 2010 was 10,000.41 Family members of “U” visa applicants are also 39 U.S. Citizen and Immigration Services, “Questions and Answers: Victims of Human Trafficking, T Nonimmigrant Status,” accessed on April 7, 2010, http://www.uscis.gov/portal/site/uscis/menuitem. 5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a52923ee5dd3210VgnVCM100000082ca60aRCRD&vgne xtchannel=02ed3e4d77d73210VgnVCM100000082ca60aRCRD. 40
U.S. Immigration Support, “U Visa for Immigrants who are Victims of Crimes,” accessed on April 7, 2010, http://www.usimmigrationsupport.org/visa-u.html. 41
“ U.S. Citizen and Immigration Services, “Questions and Answers: USCIS Reaches Milestone: 10,000 U Visas Approved in Fiscal Year 2010,” last modified July, 15 2010, http://www.uscis.gov/portal/site/uscis/
24 eligible and must go through similar guidelines as defined by the Department of Homeland Security. A “U” visa certificate is included in the Appendix along with the law enforcement agency certification form.
S VISAS The “S” visa, also sometimes referred to as the “snitch” visa is given out to individuals who help in the prosecution of crimes and terrorist movements. The Violent Crime Control and Law Enforcement Act created the S category in1994 and admitted people into the U.S. under the new classification. The S visa is divided into two categories; they are the S-5 and S-6. A website dedicated to visa and immigration law describes the way to qualify for each as: To qualify for an S-5 visa, the Attorney General must determine that the person - Possess reliable information regarding an important aspect of a crime or pending commission of a crime, Is willing to share this information with law enforcement officials or to testify in court, and That their presence in the US is necessary to the successful investigation or prosecution of the case. To qualify for an S-6 visa, both the Attorney General and the Secretary of State must determine that the person - Possesses reliable information regarding an important aspect of a terrorist organization or plot, Is willing to share this information with law enforcement officials or to testify in court, Has or will be placed in danger for providing that information, and Is eligible to receive an award from the State Department for providing such information.42 The petitioner in an S visa categorization has to be the law enforcement agency with which the alien/informant is collaborating. The petition is made on Form I-854, named the Inter-Agency Alien Witness and Informant Record. The agency must describe why they are petitioning the immigrant and what benefit they are looking for in doing so. The law enforcement agency also maintains accountability for the persons from their admission into S status until their eventual departure. Dependents along with parents of S-5 and S-6 nonimmigrants are eligible to come into the US in S-7 status. They are also included on the immigration form I-854. menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=749a58a734cd9210VgnVCM100000082ca60aRC RD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. 42
Siskind Susser, Immigration Lawyers, “The ABC’S of Immigration: S Visas for Aliens Assisting Law Enforcement,” accessed on April 7, 2010, http://www.visalaw.com/04aug1/2aug104.html.
25 Annually Homeland Security allows for up to 200 S-5 visas to be issued and 50 S-6 visas to be issued, yet there is only a fraction of those actually given. According to a CRS report for congress, “almost 900 informants and their accompanying family members have entered on S visas.”43 If enough information was supplied resulting in criminal prosecution it is possible for informants to adjust their status to become a legal permanent resident (LPR). Under Section 245(j) of the Immigration and Nationality Act they can apply for and be approved for having given substantial evidence to an important criminal matter. Table 1 shows the S visas given out in between 1995 and 2004.44 Table 1. Nonimmigrants Admitted Under S-Visa Category, FY1995-FY2004 Fiscal Year
Informants Admitted
Family Members Admitted
1995
59
77
1996
98
21
1997
35
19
1998
90
56
1999
50
33
2000
21
17
2001
56
22
2002
42
37
2003
30
28
2004
30
22
Total
511
332
Source: Ester, K. Immigration: S Visas for Criminal and Terrorist Informants. Washington, DC: Congressional Research Service, 2005.
It is important to see the declining rate of “S” visas given as the shift of the federal government has focused on terrorism rather than the ongoing “drug war.” There is also evidence in the table that only a few of the available visas are granted compared to those available. 43
K. Ester, Immigration: S Visas for Criminal and Terrorist Informants (Washington, DC: Congressional Research Service, 2005), CRS-1. 44
Ibid.
26
OPERATION RED DAWN The most notorious and detested dictators of the past half century is Saddam Hussein. Hussein and his two sons were responsible for spreading terror throughout Iraq for a span of over thirty years. Living in luxurious palaces throughout Iraq, Saddam Hussein took many precautions to avoid death. He had constant threats from dissidents within Iraq, and external threats from Iran during and after their conflict, along with the first Gulf War and ultimately Operation Iraqi Freedom. After the stern warning Saddam Hussein received prior to the invasion, he chose to remain in the country to hide and help the insurgency effort against American Forces. Hussein was a master at evading danger, until an informant helped Americans locate his whereabouts. On March 20, 2003 the United States along with its allies invaded Iraq. A few short weeks later Iraq’s capital city Baghdad fell in to coalition hands. Saddam Hussein and his sons Uday and Qusay, however, were not yet found. As spring turned to summer both Uday and Qusay eventually fell victim to an informant who, after tipping off American forces received a thirty million dollar reward for giving them both up. According to a CNN news report at the time, “The officer – who took part in Tuesday’s operation that killed Saddam Hussein’s two sons – said U.S. forces received the informant’s tip 24 hours before attacking the sons’ hideout in the northern city of Mosul.”45 After being tipped off, American military forces were engaged in a three-hour long firefight that was described in part as, “Following a raid conducted on July 22, 2003, by Task Force 20 on a residence in Mosul Iraq, and which resulted in a protracted firefight, CENTCOM confirmed that Uday Hussein died during the operation, along with his brother Qusay and two other people.”46 Aided by members of the 101st airborne soldiers Task Force 20 was able to locate and kill Uday and Qusay with the information obtained from an informant, who was thought to be a relative of the Hussein’s but whose identity has been withheld and was put into a witness protection program. 45
“Iraq Informant Set for $30m Reward,” CNN, July 23, 2003, http://www.cnn.com/2003/WORLD/meast/ 07/23/sprj.irq.reward/index.html. 46
Globalsecurity, “Uday Saddam Hussein al-Tikriti,” accessed on January 2, 2010, http://www.globalsecurity.org/military/world/iraq/uday.htm.
27 Saddam Hussein suffered the same fate as his sons when on the evening of December 13, 2003 American military forces from the 4th Infantry Division out of Ft. Hood, Texas found him in a hidden underground compartment near a farm in a village south of Tikrit. In a biography written about Saddam the informant is described in part as, “Close allies of Saddam who had been captured near Tikrit had given information on his probable whereabouts.”47 Other experts who wrote about the trial and execution of Saddam explain it as, “…American forces obtained key information from five to ten Iraqis who were key members of his enabling network,…the source finally revealed that Saddam had hidden himself in a farmhouse….”48 Army Staff Sergeant who played a pivotal role and received numerous awards for the capture of Saddam states with regards to the use of informants in the search for Saddam, “Most of our intelligence was provided by paid informants, who obviously had an incentive to give us leads, whether or not they were solid.”49 The role of these informants played a pivotal part in bringing Saddam Hussein and his two sons to justice. His final fate would be sealed on December 30, 2006 when Saddam Hussein, still defiant, was hanged.
47
S. Balaghi, Saddam Hussein (London: Greenwood Press, 2006), 153.
48
M. A. Newton and M. P. Scharf, Enemy of the State (New York: St. Martin’s Press, 2008), 15.
49
E. Maddox and D. Seay, Mission: Black List #1: The Inside Story of the Search for Saddam Hussein—as Told by the Soldier Who Masterminded His Capture (New York: HarperCollins, 2008), 6.
28
CHAPTER 3 EXTERNAL THREATS AND A GROWING NEED FOR INFORMANTS We love death. The US loves life. That is the difference between us two. -Usama Bin Laden The FBI defines terrorism as, “The unlawful use of force or violence against persons or property to intimidate or coerce a Government, the civilian population, or any segment thereof, in furtherance of political or social objectives.”50 United States Law defines terrorism under U.S. Code Title 22, Ch.38, Para. 2656f(d) as “ the term “terrorism” means premeditated, politically motivated violence perpetrated against noncombatant targets by sub national groups or clandestine agents.” Terrorism is now the focal point of the FBI and the majority of our counter surveillance operations, and has been since the events of September 11, 2001. The catastrophic events of September 11 forever changed the world, and permanently transformed the United States. The outcome since 9/11 has led to a tsunami effect of counter terrorism surveillance and severe recourse against terrorists and state sponsors of terrorism with hostility towards the United States. Months after 9/11 U.S. forces invaded Afghanistan and ousted the terrorist harboring Taliban regime, and soon after invaded Iraq and removed Saddam Hussein’s despotic rule of more than 25 years. Terrorism is not new to the world, having been employed for hundreds of years as a method of violence. But the techniques used in terrorism of days past have evolved into our modern view. We are now living in a more precarious and sadistic society that is fully attentive to the menace of terrorism. Therefore, the need for informants could never be higher.
50
Federal Bureau of Investigation, Terrorism 2000/2001 (Washington, DC: U.S. Government Printing Office, 2004), iii.
29 On the morning of September 11, 2001, the United States was shocked by an attack of immense proportions. Four separate planes had been hijacked and used to crash two of them into each of the World Trade Center twin towers, another plane had struck the Pentagon, and another went down in a rural field in Somerset County, Pennsylvania. A combined 19 Islamic radicals who were affiliated with the Al Quada network had been responsible for the suicide missions that led to the deaths of 3,000 civilians that included everyone aboard the planes as well as people on the ground and in the buildings that were targeted. The suicide terrorist attacks targeted American civilians and killed people representing 90 different nations. This was the single most deadly attack that had ever taken place in the continental United States. After the acts of violence, President George W. Bush pronounced that the United States would fight a “war on terror.” The purpose objective would be to defend American citizens and interests both at home and overseas. According to the White House Website describing the reaction at the time by President Bush: The most significant event of President Bush’s tenure came on September 11, 2001, when terrorists killed nearly 3,000 people on American soil. President Bush responded with a comprehensive strategy to protect the American people. He led the most dramatic reorganization of the federal government since the beginning of the Cold War, reforming the intelligence community and establishing new institutions like the Department of Homeland Security. He built global coalitions to remove violent regimes in Afghanistan and Iraq that threatened America – liberating more than 50 million people from tyranny. He recognized that freedom and hope are the best alternative to the extremist ideology of the terrorists, so he provided unprecedented American support for young democracies and dissidents in the Middle East and beyond. In the more than seven years after September 11, 2001, the United States was not attacked again.51
WAR ON DRUGS Another growing area of constant need for informants is the mounting and ever present illicit drug trade. The rising illicit drug trade threatens national security on many levels. The growing global drug trade has led to an increase in transnational crime which has
51
“George W. Bush,” The White House, accessed on April 2, 2010, http://m.whitehouse.gov/about/ presidents/georgewbush
30 an adverse effect on American national security. One place that needs a closer look in particular is Afghanistan because it is also a hotbed for Islamic extremism and has tied together the funding of the insurgency to the heroin trade and poppy harvesting. The United States has a vested interest in the production and cultivation of poppy plants in Afghanistan, wherein other countries may not have a direct connection with it and their own security interests. In a Brookings Institute Report read before a Congress house committee with regard to Afghanistan: Perhaps nowhere in the world does the presence of a large-scaled illicit economy threaten U.S. primary security interests as much in Afghanistan. There, the antiAmerican Taliban strengthens its insurgency campaign by deriving both vast financial profits and great political capital from sponsoring the illicit economy. The strengthened insurgency in turn threatens the vital U.S. objectives of counterterrorism and Afghanistan’s stability plus the lives of U.S. soldiers and civilians deployed there to promote these objectives. The large-scale opium poppy economy also undermines these goals by fueling widespread corruption of Afghanistan government and law enforcement, especially the police forces.52 It is widely known that poppy cultivation is being used as a form of monetary support to fund Taliban and other insurgency groups’ activities in Afghanistan, including Al Qaeda. This is why narcotics and drug trafficking play a direct role, and must be taken seriously, especially from a U.S. national security standpoint. Author Donald Liddick describes the relationship between narcotics trafficking and security in part as, “Increasing global demand for drugs and other black market commodities drive the transnational crime engine, while religious zealotry, ethnic rivalries, and ideological radicals fuel international terrorism and its catastrophic progeny.”53 Therefore the narcotics trade in Afghanistan is an important area for the U.S. to concentrate on combating for preservation of national security. The opium production in Afghanistan requires our immediate and paramount attention. According to a recent U.N. report the opium production during 2008 was the second biggest yield in the world.54 Also, as noted by a Reuters article, “While the area under 52
V. Felbab-Brown, “Transnational Drug Enterprises: Threats to Global Stability and U.S. National Security,” Brookings, October 1, 2009, http://www.brookings.edu/testimony/2009/1001_drug_ enterprises_felbabbrown.aspx. 53 54
D. R. Liddick, The Global Underworld (Westport, CT: Praeger, 2004), 89.
P. Griffiths, “Afghan 2008 Opium Crop Was Second Biggest: U.N. Report,” Reuters, February 19, 2009, http://uk.reuters.com/article/2009/02/19/us-crime-drugs-sb-idUKTRE51I2II20090219.
31 cultivation was reduced by a fifth, better yields meant production dropped only 6 percent to 7,700 tons, after a record 8,200 tons in 2007, the U.N.'s International Narcotics Control Board said in its annual report.”55 Since the 2001 invasion of Afghanistan the opium production has skyrocketed. There are several variables to this equation, and inevitably the problem will only get worse if appropriate actions aren’t taken to prevent further damage. Another side effect of this problem is that the Taliban is directly profiting and engaging in the narcotics trade which has led to a resurgence of the terrorist group. The drug trade funnels hundreds of millions of dollars each year to drug barons and the resurgent Taliban, the militant Islamist group that has killed an estimated 1,250 American troops in Afghanistan since 2001 and seeks to overthrow the fledgling democracy there. What's more, Afghan officials' involvement in the drug trade suggests that American tax dollars are supporting the corrupt officials who protect the Taliban's efforts to raise money from the drug trade; money the militants use to buy weapons that kill U.S. soldiers.56 Because of the value of opium agriculture, farmers in the rural areas are drawn to the crop and its production as it currently employs hundreds of thousands of Afghan citizens. The concentration of opium growing is in the southern region of Afghanistan, where both Taliban and Afghan military officials collect taxes on farmers who cultivate the popular plant for heroin production. According to an article describing the high level of corruption, Afghanistan produces more than 90 percent of the world's opium, which was worth $3.4 billion to Afghan exporters last year. To collect their share, Afghan officials open their highways to opium and heroin trafficking, allow public land to be used for growing opium poppies and protect drug dealers.57 The solutions to these problems are not easily prescribed, but through the use of informants we can better aim our efforts at exposing corruption from within the Afghan Government. Approaching the narcotics trade closer to home, “the United States, Mexico and several Central American countries are confronting the shared threat of transnational
55
Ibid.
56
T. Lasseter, “Drug Trade Linked to Top Afghan Officials,” Lexington Herald – Leader, May 11, 2009.
57
Ibid.
32 organized crime.”58 The article goes on to state, “Drug trafficking and criminal organizations in Central America have grown in size and strength over the last decade, fueled by a northward flow of illegal drugs and human trafficking and a southward flow of unregistered weapons.” The violence occurring just south of the American border with Mexico effects national security in a profound way. This threat is described as, “The illicit drug industry outside the United States, which is very destructive to the economy and social welfare of the indigenous societies in which drugs are cultivated, constitutes a great threat as well to the welfare and social stability of the United States.”59 Here, we have complex networks involving drug trafficking, human trafficking, and arms trafficking. “…the social networks…complemented the new transnational criminal activity on the cartels.”60 The impact of the narcotic trafficking has led to, “social turbulence in many nations….Officials are corrupted by massive amounts of drug money, as a result of which the legitimacy of political and judicial institutions is undermined.”61 This in turn leads to economic collapse and the instability of certain governments which are counted on to fight the narcotics trade. This leads to a compromise in global security and ultimately American national security.
AMERICA’S THIRD WAR One of the emerging threats over the past few years is being referred to as America’s third war.62 America’s third war is being fought along the southern U.S. border which extends over 2,200 miles. The battle line extends over the states of California, Arizona, New Mexico, and Texas and has drawn the mobilization of the National Guard by several
58
D. I. McKeeby, “Merida Initiative Takes Aim at Transnational Crime,” America, May 9, 2008, http://www.america.gov/st/peacesec-english/2008/May/20080508174708idybeekcm6.284732e-02.html. 59
R. Kelly, J. Magham, and J. Serio, Illicit Trafficking (Denver: ABC-CLIO, 2005), 56.
60
L. Napoleoni, Rogue Economics (New York: Seven Stories Press, 2008), 219.
61
Kelly, Magham, and Serio, Illicit Trafficking, 56.
62
J. Griffin and L. Prabucki, “America's Third War: Mapping the Drug Cartel,” FOX News, November 19, 2010, http://www.foxnews.com/us/2010/11/19/americas-third-war-mapping-mexican-drugcartels/#ixzz15r2b50K0.
33 governors. The violence rages across the border where since 2006 there have been over 22,000 deaths linked to the Mexican Drug War.63 In 2006, Mexican President Felipe Calderon waged war on Mexico’s Drug Cartels and has since deployed over 50,000 military troops in high violence regions. There are several Cartels vying for supremacy of regions and smuggling routes and whose tactics of enforcement have grown in tenacity. A recent FOX News article begins by describing their tactics as, Their tactics rival those of Al Qaeda: summary executions, kidnappings, torture, and beheadings. Mexican cartels have executed more than 10,000 people since January -- five times the rate three years ago, before Mexican President Felipe Calderon deployed his military against the syndicates.64 The upsurge in troops by the Mexican Government has led to an upheaval in violence by the cartels that leads to the question of what informants could do to proactively go after cartel hierarchy. The cartels share revenues annually of over $40 billion dollars and are split among seven dominant cartels. The Sinoloa Cartel led by Joaquin “El Chapo” Guzman and listed in 2009 as one of Forbes Magazine’s billionaires. The article describes him in part as, “one of the biggest suppliers of Cocaine to the U.S.”65 In addition, there is a reported $5 million dollar bounty on him by the United States according to a Time Magazine article.66 There have been numerous reports implying that the Sinaloa Cartel has infiltrated the Mexican Government as well as military and is seen as being favored by Mexico’ Government. The report by NPR states in part, “An NPR News investigation has found strong evidence of collusion between elements of the Mexican army and the Sinaloa cartel in the violent border city of Juarez.”67 63
K. Ellingwood, “Mexico Death Toll in Drug War Higher than Previously Reported,” Los Angeles Times, April 14, 2010, http://articles.latimes.com/2010/apr/14/world/la-fg-mexico-toll14-2010apr14. 64
Griffin and Prabucki, “America's Third War.”
65
“#701 Joaquin Guzman Loera,” Forbes, March 11, 2009, http://www.forbes.com/lists/2009/10/ billionaires-2009-richest-people_Joaquin-Guzman-Loera_FS0Y.html. 66
M. J. Stephey, “Joaquin Guzman Loera: Billionaire Drug Lord,” Time, March 13, 2009, http://www.time. com/time/world/article/0,8599,1884982,00.html. 67
J. Burnett, M. Peñaloza, and R. Benincasa, “Mexico Seems to Favor Sinaloa Cartel in Drug War,” NPR, May 19, 2010, http://www.npr.org/templates/story/zstory.php?storyId=126906809.
34 The article goes on to state, “The Sinaloans are widely regarded as the most sophisticated cartel in transportation, intelligence gathering and bribery.” In a separate article released by The Wall Street Journal regarding “El Chapo’s” ties with the Mexican government, …according to a 2008 Mexican intelligence document reviewed by The Wall Street Journal. The ranch, owned by Mr. Guzmán's associates, has an airstrip and an underground tunnel for access. ‘On at least three visits, he has arrived with a caravan of at least six vehicles, under the protection of some authorities in the Mexican army,’ the document says.68 The National Guard has been deployed to assist in protecting the integrity of the border and according to a recent news release from the National Guard Bureau regarding the deployment, “The year-long mission calls for up to 1,200 National Guard members to support Customs and Border Protection and Immigration and Customs Enforcement in Arizona, California, New Mexico and Texas.”69 The war being waged on Mexico’s drug cartels is a difficult battle and suffers from a myriad of problems. As reported by the Associated Press via information obtained from the leaked cables by Wikileaks regarding Mexico’s problems, “Mexico's 4-year-old assault on drug cartels lacks a clear strategy and a modernized military, and suffers from infighting among security agencies, according to U.S. State Department cables leaked to WikiLeaks.”70 The use of well placed informants and better strategic coordination with the United States may go a long ways to helping Mexico get a grip on the violence. Furthermore, the Mexican Government remains weak as long as they are in this death ridden war that, right now, has no end or sight of victory within reasonable reach.
68
D. Luhnow and J. de Cordoba, “The Drug Lord Who Got Away: Mexican Capo Unleashes Mayhem on U.S. Border; The Making of a Legend,” The Wall Street Journal, June 13, 2009, http://online.wsj.com/ article_email/SB124484177023110993-lMyQjAxMTIwNDE0ODgxNDgxWj.html. 69
“National Guard Deployment to Southwest Border on Track,” National Guard Bureau, September 1, 2010, http://www.ng.mil/news/archives/2010/09/090110-Southwest.aspx. 70
K. Corcoran, “US Cables: Mexico Drug War Lacks Clears Strategy,” Associated Press, December 3, 2010, http://www.cnsnews.com/news/article/us-cables-mexico-drug-war-lacks-clear-st.
35
WAR ON TERROR Al Qaeda is an international terrorist organization that has far reaching tentacles to every place imaginable around the globe. In February of 1998 they openly declared war on the United States of America. “Claiming that America had declared war against God and his messenger, they called for the murder of any American, anywhere on earth, as the individual duty for every Muslim who can do it in any country in which it is possible to do.”71 Their threats were largely ignored, and the U.S. paid the price in human lives. The Al Qaeda terrorist organization is led by an exiled Saudi Usama Bin Ladin. His second in charge is an Egyptian Ayman al Zawahiri. Combined they form the leadership of the Al Qaeda network. Another Egyptian Abu Ayyub al-Masri headed Al Qaeda in Iraq, after the elimination of former leader Zarqawi in 2006.72 Another prominent figure that is considered the architect behind the 9/11 attacks is Khalid Sheikh Mohammed. Many within the hierarchy of the organization are well educated, and of considerable wealth, these four being examples. They all were formally educated and wealthy with exception to al-Masri who received his training in terrorist camps and specialized in explosives training. Although these are prominent figures within the organization, Al Qaeda’s organizational structure can best be described as, “operations relied heavily on the ideas and work of enterprising and strong willed field commanders who enjoy considerable autonomy.”73 This is why the enemy is difficult to subdue; it has a starfish like quality that makes it difficult to combat. The beginnings of Al Qaeda and their mission against the United States came to fruition in and around the early 1990’s when a “fatwa” was issued against the United States. A fatwa is a “legal opinion of Islamic jurists that deal with the permissibility of prohibition of an act.”74 These are regarded as open statements that give moral and religious justification
71
National Commission on Terrorist Attacks upon the United States [9/11 Commission], The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks upon the United States (New York: W.W. Norton & Company, 2004), 47. 72
J. Garamone, “Masri Now Leads Iraq Al Qaeda, Coalition Officials Say,” American Forces Press Service, June 16 2006, http://www.defense.gov/news/newsarticle.aspx?id=16029. 73
9/11 Commission, The 9/11 Commission Report, 145.
74
S. Bar, Warrant for Terror (Lanham, MD: Rowman & Littlefield, 2006), x.
36 for committing acts of violence. Even though Usama Bin Ladin is not regarded as a religious scholar he proclaimed a fatwa against the United States when he openly called for the killing of any American, not distinguishing between men, women, civilians, or members of the military. Bin Ladin was heavily involved in the war of Afghanistan against the Soviet Union during the 1980’s. This would become a magnet for recruiting young volunteers from the muslim world to fight in what became a jihad or “holy war.” The war in Afghanistan would breed an army of “holy warriors” or mujahideen as they were referred to. This was the beginning of a new extremist movement that would fuel Bin Ladin’s radical approach to a growing opportunity. After the war in Afghanistan Bin Ladin had the ability to portray the mujahideen victorious in the holy war against the most powerful military in the world. With this kind of appeal, he was able to put his years of networking and worldwide relationships to work. Thus, once the Soviets pulled out of Afghanistan, Al Qaeda, or “the base” was created to provide for future jihads. After several years on the move the Al Qaeda network was finally able to find a permanent home within the friendly confines of the Taliban run country of Afghanistan. “The alliance with the Taliban provided al Qaeda a sanctuary in which to train and indoctrinate fighters and terrorists, impost weapons, forge ties with other jihad groups and leaders, and plot and staff terrorist schemes.”75 According to U.S. intelligence reports there were anywhere from 10,000 to 20,000 fighters who went and trained in Bin Ladin run terrorist camps. This operation continued while the U.S. stood idle. Bin Ladin issued his fatwa advocating violence against the United States on February 23, 1998. What followed in 1998 should have been a clear indicator and resulted in a spark of counterterrorism efforts. Instead, two American embassies were bombed in eastern Africa resulting in the deaths of many Americans, hundreds of Africans, and injured thousands. These two attacks were planned, operated, and executed simultaneously. It took a short time for America to establish who was responsible.
75
9/11 Commission, The 9/11 Commission Report, 66.
37 Whatever the motivation, then-President Bill Clinton responded by lobbing cruise missiles into the desert sand of Afghanistan and into a pharmaceutical company in Sudan, destroying it, and the U.S. later paid for it. This was the American response at the time, which some have labeled as weak in the wake of the international community and failed to address the growing pressure of international terrorism, and more specifically, Al Qaeda. After the threat of attack, followed by the actual attacks, the problem still remained. On October 12, 2000, an attack on the destroyer USS Cole, left seventeen sailors dead while docked in a Yemen port.76 Less than one year later, the September 11, 2001 atrocities occurred. The war against terror is a difficult battle. Even though Al Qaeda might seem like a primitive organization, they are well funded and very determined. As a social movement Al Qaeda has a great deal of strength. Bin Ladin is seen by many as the man who helped defeat the Soviets, and who continues to fight evil and those who oppose and oppress Islamic rule. One of his most appealing qualities to the Muslim world is his frequent use of verses from the Koran that support his ideology. He relies on hitting targets with maximum damage, and is constantly reminding his audience that he is doing God’s will.
76
E. Karsh, Islamic Imperialism (New Haven, CT: Yale University Press, 2006), 226.
38
CHAPTER 4 INFORMANTS AND THEIR SIGNIFICANCE IN NATIONAL SECURITY America will never seek a permission slip to defend the security of our people. —George W. Bush
CASE STUDY I: THE JOHN F. KENNEDY (JFK) INTERNATIONAL AIRPORT PLOT On June 2, 2007, Department of Justice officials released this statement regarding the plot, Four individuals, including a former member of the parliament of Guyana and a former airport cargo worker at New York's John F. Kennedy International Airport (JFK), have been charged with conspiring to attack JFK airport by planting explosives to blow up the airport's major jet-fuel supply tanks and pipeline. The plot was foiled well before it came to fruition through an outstanding law enforcement effort in the United States and abroad.77 This terrorist plot was planning to target the pipelines that feed the airport and run extensively underground throughout New York City. This terrorist plot if executed could have caused major financial damage, spread fear, and cost many lives. The use of an informant was instrumental in stopping the plot as documented in a NEFA Report on the JFK Plot: The FBI had been working with the informant in this case since 2004. The informant was convicted on drug trafficking and RICO charges in 1996. He was also convicted on drug trafficking charges in New York Supreme Court in 2003. The informant agreed to cooperate with the government in exchange for financial assistance and a reduced sentence on his 2003 trafficking charges.78
77
U.S. Department of Justice, “DOJ statement on JFK Airport plot arrests,” MSNBC, last modified June 2, 2007, http://www.msnbc.msn.com/id/19002569/. 78
M. Gruen, “The John F. Kennedy (JFK) International Airport Plot” (Report #16 in a NEFA Series, Target: America), last modified November 2008, http://www.nefa foundation.org/miscellaneous/FeaturedDocs/ nefajfkplot1008.pdf.
39 Throughout the surveillance and investigation the informant was instrumental in helping build a solid criminal case against the terrorists. The past criminal background of the informant was extensive and controversial. Aside from the drug convictions, “Additionally, the informant, Stevie "Toro" Francis, was previously convicted on felony charges for his involvement with a violent drug gang, a role which included him attempting to murder the leader of a rival Brooklyn narcotics operation.”79 According to a report the criminal informant was well entangled in the terrorist cell as described by stating: Along with recording dozens of meetings and phone calls in New York, Francis traveled several times to Guyana, where he spent a total of three months gathering evidence for the Joint Terrorism Task Force. Last month, days before arrests were made in the case, Francis flew to Trinidad in a failed bid to meet with a leader of Jamaat al Muslimeen, a Muslim terror group based in the southern Caribbean nation.80
CASE STUDY II: THE FORT DIX PLOT Six foreign born radical terrorists had plotted to attack and kill American soldiers at Fort Dix located in the state of New Jersey. The Associated Press reported: Six foreign-born Muslims were arrested and accused Tuesday of plotting to attack Fort Dix and slaughter scores of U.S. soldiers - a scheme the FBI says was foiled when the men asked a store clerk to copy a video of them firing assault weapons and screaming about jihad. The defendants, all men in their 20s from the former Yugoslavia and the Middle East, include a pizza deliveryman suspected of using his job to scout out the military base. Their goal was "to kill as many American soldiers as possible" with mortars, rocket-propelled grenades and guns, prosecutors said.81 The plot was foiled in May of 2007. The case resulted in a criminal trial, ending in the conviction of five foreign-born Muslims guilty of conspiracy, but acquitted of attempted murder. Four of the five were convicted and sentenced to life in prison; the fifth plotter was sentenced to thirty three years in prison. Regarding the use of informants a report stated: 79
“Meet The JFK Informant,” The Smoking Gun, June 14, 2007, http://www.thesmokinggun.com/archive/ years/2007/0614071jfkplot1.html. 80 81
Ibid.
Associated Press, “6 Arrested in Fort Dix Terror Plot,” Action News 6, last modified May 9, 2007, http://abclocal.go.com/wpvi/story?section=news/local&id=5283747.
40 Within six months, the FBI had placed two cooperating witnesses within the terror cell, and both recorded meetings and phone conversations with the plotters. Along with eyeing Fort Dix, members of the group allegedly surveilled the Lakehurst Naval Air Engineering Station and Fort Monmouth in New Jersey, Dover Air Force Base in Delaware, and a Coast Guard building in Philadelphia. They also reportedly considered an attack timed to the annual Army-Navy college football game in Philadelphia.82 This terror plot was successfully stopped due to the use of informants in obtaining surveillance and infiltration which led to a successful criminal prosecution of the perpetrators. The informant in the case was described in part as, Mahmoud Omar was particularly attractive to the group because he had served in the Egyptian military, and they thus considered him an ideal candidate to help lead the assault on Fort Dix. In fact, Shnewer stated to Omar, “I am at your services as you have more experience than me in military bases and in life.”83
82
“Fort Dix Terror Plot Foiled,” The Smoking Gun, May 8, 2007, http://www.thesmokinggun.com/ archive/years/2007/0508071ftdix1.html. 83
Nine Eleven Finding Answers Foundation [NEFA]. “The Fort Dix Plot” (Report #13 in a NEFA series, Target: America). Last modified January 2008. http://www.nefafoundation.org/miscellaneous/fortdixplot.pdf.
41
CHAPTER 5 BLOWBACK The road to excess leads to the palace of wisdom. —William Blake The Marriage of Heaven and Hell The use of informants has its price, as does the risk of someone becoming an informant. There are risks for both law enforcement and the informant themselves. The risk for law enforcement is seen as doing business with a shady individual who themselves are many times law breakers. Another risk is that informants are known to be unreliable and give out misinformation when possible. This leads to problems in prosecuting cases and relying on informant testimony. Another area of worrisome is not being able to completely trust informants due to the aforementioned criteria. Due to credibility issues, sometimes this leads to mistrust on both sides of the law. As will be outlined this chapter, the mistrust is well founded and could be potentially lethal to law enforcement representatives as well as to the informant. The most blatant hazard for the individual who is informing is risk of injury or even death if they are exposed as being an informant. When seeking immunity or a lighter incarceration sentence they are putting a label on themselves that carries a negative stigma in most circles, especially in jail. This leads authorities to place them in segregated jail housing also known as protective custody (pc). The witness protection program is another way of protecting informants that involves government protection. There is also something law enforcement does known as pre text stops, which allows for a suspect to be pulled over for a traffic violation, and the subsequent uncovering of illegal contraband. This permits law enforcement to cover their informant and at least not have to disclose them at that time in the case.
CALAMITY IN AFGHANISTAN The use of informants does not run without certain risks. Informants have long had a history of deception, shiftiness, and unreliability leading to mistrust. A prime example of this
42 is the events that occurred on December 31, 2009 in a CIA counter terror hub in Khost Province, Afghanistan. According to a Wall Street Journal report, “On Wednesday, CIA officials had invited the attacker onto the base with the hopes of recruiting him as an informant. They used an Afghan intermediary to arrange the meeting. The attacker arrived, wearing an Afghan army uniform, officials said.”84 The ensuing attack resulted in seven deaths and six others injured. The CIA press release labeled it, “The casualties were the result of a terrorist attack.”85 The Wall Street Journal article goes on to state, “it suggests insurgents had turned the tables on the CIA and been able to place their own agents close to the facility the CIA used to cultivate informants.”86 This lone event had an immediate impact on CIA efforts to collect intelligence in the region. This terrorist attack was able to take place due to the protection that the would-be informant was granted for his role. There was too much trust, and not enough verification of the informant.
THE DEATH OF AN INFORMANT Lying on the side of the Shenandoah River in Virginia was the body of a seventeenyear-old girl who was sixteen weeks pregnant. Multiple stab wounds and a head nearly decapitated due to a severely severed throat. The date was July 13, 2003 and the day the body was found that belonged to Brenda Paz. The reason for her brutal murder was for divulging information about fellow Mara Salvatrucha (MS-13) gang members. According to a FBI released assessment, “MS-13 operates in at least 42 states and the District of Columbia and has about 6,000-10,000 members nationwide.”87 MS-13 is considered one of the most violent and treacherous gang in the country, whose membership 84 A. Gopal, “Afghanistan Suicide Bomber May Have Been Helped by CIA Informant,” The Wall Street Journal, January 1, 2010, http://online.wsj.com/article/SB126235171131012657.html. 85
Central Intelligence Agency [CIA], “Statement on CIA Casualties in Afghanistan,” last modified January 5, 2010, https://www.cia.gov/news-information/press-releases-statements/cia-casualties-inafghanistan.html. 86 87
“Afghanistan Suicide Bomber,” The Wall Street Journal.
Federal Bureau of Investigation [FBI], “The MS-13 Threat: A National Assessment,” last modified January 14, 2008, http://www2.fbi.gov/page2/jan08/ms13_011408.html.
43 transcends borders and crosses oceans. Brenda Paz was born in the Central American country of Honduras. After legally immigrating to the U.S. at the age of three she grew up in the greater Los Angeles area. At fifteen she moved in with her uncle in Texas. It was while in Texas that she fell in with a new crowd, one that consisted of criminals. These criminals were members of a local MS-13 cliques. She soon would be a “jumped in member” and be the girlfriend of a top ranking gangster. As a member of MS-13 Brenda received the nickname of “Smiley” and witnessed the robberies, extortions, prostitution, and even murder that took place within the gang’s reach. Brenda left Texas for Virginia shortly after becoming a suspect in a capital murder case. She had been present and an accessory to murder along with her boyfriend. When she arrived in Virginia she aligned herself with another top ranking member of MS-13. After a short time she had earned the respect of several high ranking gang members through lies and deception and managed to earn their respect and gain access to their secrets. While settled in Virginia Brenda Paz took note of her boyfriend’s grisly murder story of kid who was thought to be from a rival gang. After receiving the details, Brenda Paz now had extensive information about two different unsolved murders that had taken place in two states. Life on the streets became a way of life, and with it came a life of crime. After successfully stealing a vehicle, she and her new boyfriend were soon pulled over and arrested. After her arrest, the capital murder warrant out of Texas resurfaced along with some other crimes she had committed in between. Knowing that her boyfriend was facing many years in prison for a multitude of crimes and facing her uncertain future, Brenda Paz had a choice to make. Either suck it up and take it, or break the gang’s number one code: never rat. The author who wrote her story described her dilemma as, “She was a smart girl, and the pragmatic side of her knew talking to the cops was the best way to save herself….”88 Brenda Paz opened up like a book. At first she sold out fellow gang members she did not respect or particularly like. Locations, hangouts, crimes were all things she spoke about. Then she opened up about the MS-13 plan to kill two particular cops in the Arlington, Virginia Police Department. After several meetings with law enforcement, “Brenda Paz was 88
S. Logan, This Is for the Mara Salvatrucha (New York: HarperCollins, 2009), 79.
44 a legitimate informant and a wealth of information.”89 From helping local law enforcement solve loose end cases, Brenda’s infamy continued to expand. Eventually she would meet with a local FBI special agent about MS-13 activity in his region. After impressing the special agent with knowledge of an unsolved federal case involving murder, he began to assess her as a candidate for the witness protection program. At the age of seventeen and recently emancipated Brenda Paz became the first ever underage person without a parent or guardian to be accepted into witness protection. During this time Brenda was talking to law enforcement officers, who had driven up from Texas, and helping solve unsolved crimes and giving out names, dates, and locations of crimes she witnessed or had superior knowledge of. Brenda was given a FBI safe house to remain at until the U.S. Marshals let her into the Witness Protection Program. Numb from loneliness Brenda Paz contacted her old MS-13 contacts. She was risking death if word leaked out about her informing about the gang’s activity. After a wild party that left the apartment a mess and got her ejected out of the safe house, she returned to the streets to wait out the remainder of the time it would take to get her in to the Witness Protection Program. Life for the seventeen year old in Witness Protection was difficult. She was alone most of the time and cooped up in a hotel room. After voluntarily leaving the program, Brenda was allowed back in before walking away from the program for good. Brenda was back with the MS-13 in Virginia and happy. She did not realize that the word was out and a green light had been put on her for cooperating with the cops. A green light meant that a gang member was free to kill her and not face reprimand from higher ranking gang members. Brenda was being “babysat” which means all her “homies” were watching her every move knowing she was marked for death. A night after a typical party she got into a car with some of her most trusted friends. Feeling secure because she thought she had the protection from her boyfriend who was still in police custody, Brenda was oblivious. The description of her murder was described as: …stabbed her in the inner thigh……then reached over her head with the rope and pulled it tight across her neck. Brenda screamed and began struggling with the rope….the rope tight with one hand and with a knife in the other, ... reached over
89
Logan, This Is for the Mara Salvatrucha, 85.
45 Brenda’s shoulder and began stabbing her in the chest….. cut deeply across Brenda’s throat from behind, nearly decapitating her….90 Brenda Paz was brutally murdered for being an informant. Before her death she revealed useful intelligence about MS-13 and their inner workings. Her naive ness and disregard for safety coupled with loneliness helped pave the way for her death. Soon after her death the FBI took notice of the gang’s growing emergence and released this memo, In December 2004, we launched a multi-agency MS-13 National Gang Task Force—the first of its kind—focused specifically on dismantling MS-13 by increasing and speeding the flow of information and intelligence, coordinating investigations, and helping local and state law enforcement more easily identify the gang in their areas.91 The MS-13 motto is “kill, control, rape.” Brenda Paz knew this behavior too well and paid the ultimate price for disclosing it to law enforcement. There was too much trust given with regards to her safety, and not enough verification.
ARIZONA SB 1070 Already a lightning rod for controversy, the new immigration law passed in Arizona named SB 1070 brings up some contentious questions pertaining to informants. If undocumented persons witness a crime, will they come forward knowing they may be deported when questioned about their legal status? Will this new law encumber the willingness of citizen informants to come forward about crimes they have witnessed? These are questions that need to be raised and addressed so that law enforcement can effectively continue to operate with information obtained from informants and citizen informants. If an illegal immigrant witnesses a murder or a grand theft auto, will they risk putting themselves in danger of being deported and come forward, or will they remain in the shadows and stay silent. There can be no doubt that these people are going to be more likely to tolerate crime than risk deportation. This will lead to less crime being reported and in cases such as domestic violence, victims will remain anonymous and be subjugated to continual abuse. 90
Logan, This Is for the Mara Salvatrucha, 233.
91
FBI, “The MS-13 Threat: A National Assessment.”
46
CHAPTER 6 CONCLUSION Trust but verify. —President Ronald Reagan Reagan’s approach when negotiating with the Soviets It is clear that the use of informants by law enforcement is an effective tool in case building and criminal prosecution. Former head of the Federal Bureau of Investigation J. Edgar Hoover once said, “There can be no doubt that the use of informants in law enforcement is justified.”92 The importance of informants can be argued just as author John Madinger argues, “… the informant’s true value in these cases is not the solution of some terrorist bombing after the fact; it is the prevention of such a crime before it occurs.”93 This was well-illustrated in the case study sections where this theory was put into practice and ended with exceptional results. The use of informants is a key component in combating crime and terrorism, and should be utilized continually in such fashion. Informants can be used for the timely detection of eminent terrorist attacks. There needs to be a greater emphasis placed on early detection of threats so that policy makers and those involved in the response can dissuade, respond, and help thwart the act. This requires the utmost importance due to the potential for catastrophic consequences without early detection and response. Using September 11 as the example of what can go wrong when early detection is not fully understood. There are alternatives to the current system that rely heavily on informants, but most of which come with a cloud of controversy. One alternative would be for the United States to employ the use of torture or enhanced interrogations when dealing with individual suspects or targets. But this alternative leads to questions about civil liberties and the legality alongside the morality of torturing an individual. Another alternative would be to expand 92
Madinger, Confidential Informant, 243.
93
Ibid, 257.
47 wire tapping laws and its use in a broader context. The Patriot Act has allowed for the diminished role of informants in certain agencies. But an expanded version of the Patriot Act could lead to a wider role of technology and less reliance on the informant. When discussing alternatives in a drug context the expanded usage of trained canines has helped diminish the need for the informant. The canine that can sniff out bombs, drugs, and illegal aliens has helped law enforcement crack down on these violations. Law enforcement checkpoints and the implementation of citywide cameras and satellite technology would also further diminish the role of the informant. It could catch two lovers sharing an intimate moment along with the casual car thief but would also create a police state-type environment. These alternatives would involve the loss of personal privacy and would create an Orwellian society like in his book, 1984 that most Americans are not willing to adhere to. The loss of civil liberties would be far too great and the courts would not be willing to go along with such draconian impediments. In a generation from now it is possible that we may look back and analyze our current use of informants from a different vantage point, but until then our current system will be utilized. The government will continue to trade criminal guilt for vital information, and keep its process hidden from public scrutiny. Essentially, informants should never be used as a complete substitute for investigation, but can be conducive to the process. When using informants it is best to verify and support with forensics or other demonstrable instruments. After all, there is no substitute for old-fashioned police work.
48
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