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Government Whistleblower Protection: the Long Ignored Way to Better Connect the Dots

By Tom Devine and Coleen Rowley
(Rowley is a Former FBI Special Agent)
hat tip: Huffington Post
Posted: May 22, 2010

One month before 9/11, instructors at a Minnesota flight school call the FBI. Among other suspicious happenings, the most unusual “student” they have ever encountered just plopped down thousands in cash to learn to fly a 747, claiming his only purpose was “ego-boosting.” Agents in the Minneapolis FBI Office immediately confirm the information and seek permission to search by warning FBI Headquarters in over 60 emails and frantic telephone calls that “this is a guy who could fly into the World Trade Center.” Although the ‘Director of Central Intelligence’ is briefed within days with a presentation titled “Islamic Extremist Learns to Fly“, neither the FBI or CIA staff does anything until after 9/11. Right after the attacks, however, the officials quickly cover-up these pre 9/11 lapses — actions hastened by internal repression.

This wasn’t the first lapse. In the years before 9/11, an FAA “Red Team” warns that it breaches airport security 90 percent of the time, but is censored from writing its findings and banned from retesting. The same Logan Airport gate exploited by the 9/11 hijackers had flunked just months before. After the attacks, the government grounds and reassigns the Red Team leader (a whistleblower) to remedial duties.

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ACLU Files Lawsuit on Behalf of Bagram Detainees

by Suzanne Ito
hat tip: ACLU Blog
Mar 2nd, 2010

On Friday, we filed a habeas corpus lawsuit on behalf of four Bagram detainees. The lawsuit requests that the four men be granted access to lawyers and be allowed to challenge the legality of their detention in court. The petition alleges they have never engaged in hostilities against the U.S., have never been a part of any group hostile to the U.S. and have never even been told why they’re being detained or had access to a lawyer.

We have two sets of clients. The first set is brothers Samiullah and Sibghatullah Jalatzai. Sibghatullah served as a translator for the U.S. military for four years before his capture nearly 20 months ago. Samiullah was arrested without explanation at his workplace nearly 23 months ago. The second set is Haji Abdul Wahid, an Afghan government employee, and Zia-ur-Rahman, his nephew. Both were taken from their homes by the U.S. military during a massive neighborhood sweep more than a year ago.

We’re afraid to say it, but it’s looking like Bagram is the new Gitmo. Bagram detainees lack access to courts or any meaningful process to challenge their detention. If that sounds familiar, it’s because it was the same at Guantánamo until the Supreme Court decided, in Boumediene v. Bush, that detainees are entitled to challenge their detention through habeas corpus.