More on Edmonds
David Van Horn <[email protected]> Wed, 07 Jul 2004 09:32:15 -0400
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Translator in Eye of Storm on Retroactive Classification
By Anne E. Kornblut
Boston Globe
Monday 05 July 2004
Washington - Sifting through old classified materials in the days after
the Sept. 11, 2001, attacks, FBI translator Sibel Edmonds said, she made an
alarming discovery: Intercepts relevant to the terrorist plot, including
references to skyscrapers, had been overlooked because they were badly
translated into English.
Edmonds, 34, who is fluent in Turkish and Farsi, said she quickly
reported the mistake to an FBI superior. Five months later, after flagging
what she said were several other security lapses in her division, she was
fired. Now, after more than two years of investigations and congressional
inquiries, Edmonds is at the center of an extraordinary storm over US
classification rules that sheds new light on the secrecy imperative supported
by members of the Bush administration.
In a rare maneuver, Attorney General John Ashcroft has ordered that
information about the Edmonds case be retroactively classified, even basic
facts that have been posted on websites and discussed openly in meetings with
members of Congress for two years. The Department of Justice also invoked the
seldom-used "state secrets" privilege to silence Edmonds in court. She has
been blocked from testifying in a lawsuit brought by victims of the Sept. 11
attacks and was allowed to speak to the panel investigating the Sept. 11
attacks only behind closed doors.
Meanwhile, the FBI has yet to release its internal investigation into her
charges. And the Senate Judiciary Committee, which oversees the bureau, has
been stymied in its attempt to get to the bottom of her allegations. Now that
the case has been retroactively classified, lawmakers are wary of discussing
the details, for fear of overstepping legal bounds.
"I'm alarmed that the FBI is reaching back in time and classifying
information it provided two years ago," Senator Charles E. Grassley, a
Republican from Iowa and a leading advocate for Edmonds, said last Friday.
"Frankly, it looks like an attempt to impede legitimate oversight of a serious
problem at the FBI."
Edmonds, a naturalized US citizen who grew up in Turkey and Iran, said in
an interview last week that the ordeal has made her grow disillusioned with
the "magical system of checks and balances and separation of powers" that had
made her so drawn to the United States. "What I came to see is that it exists
only in name," Edmonds said. "Where is the oversight? Who is there to stop him
[Ashcroft]?"
In a development that legal analysts say is disturbing, a pattern of
retroactive classifications has begun to emerge in recent years, all of them
pertaining to - but not limited to - national security. For example,
Representative John F. Tierney, Democrat of Massachusetts, is locked in an
ongoing battle with the Defense Department over testing requirements for a
national missile defense system that were made public in 2000 but have since
been declared classified.
Bush administration officials argue that the three-year campaign against
terrorism has required unprecedented levels of confidentiality, especially
inside intelligence and law enforcement agencies. Critics do not dispute the
need for heightened secrecy in the current environment. Edmonds is careful not
to discuss standard classified information, such as methods the FBI used to
obtain the material she translated.
But she and a growing number of her defenders - who include a government
watchdog group, some Sept. 11 families, and Grassley, a Bush administration
ally - maintain that the secrecy imposed on her case has jeopardized national
security. One of Edmonds's assertions to her superiors included suspicions of
espionage within the FBI, which she said the bureau has not addressed.
"Their [the administration's] mantra seems to be that secrecy promotes
safety, and I don't think that's true," said David Vladeck, a Georgetown
University law professor who is representing the watchdog group Project on
Government Oversight in a lawsuit challenging the retroactive classification.
"At times, I think secrecy breeds suspicion."
Edmonds's native skills drew her to languages. Born in Istanbul, raised
for seven years in Tehran, with Azerbaijani relatives on her father's side,
she speaks three languages crucial to intelligence-gathering in the Middle
East. She does not speak Arabic. But her specialty languages were no less
important after Sept. 11, 2001, when investigators began tracking Al Qaeda and
other terrorist connections in Afghanistan, Uzbekistan, and Iran.
She had a job application at the FBI before Sept. 11, and it was
accelerated after the attacks so she could start work Sept. 20. One of her
main assignments, she said, was to expedite requested translations from field
agents, including material that a field agent in Arizona submitted for
retranslation on a suspicion that it had not been examined thoroughly before
Sept. 11.
"After I retranslated it verbatim, I went to my supervisor to say, 'I
need to talk to this agent over a secure line because what we came across in
this retranslating is gigantic, it has specific information about certain
specific activity related to 9/11,' " Edmonds recalled. "The supervisor
blocked this retranslation from being sent to the same agent. The reasoning
this [supervisor] gave me was, 'How would you like it if another translator
did this same thing to you? The original translator is going to be held
responsible.' "
In the end, Edmonds said, the field agent who requested a
reinterpretation of the intelligence material "knew there were things that
were missing, and yet he was reassured by the Washington field office that the
original translation was fine."
Edmonds said the intercept jumped out at her because it contained
references to skyscrapers and the US visa application process. Such references
might have triggered suspicions at Immigration and Naturalization Services
before Sept. 11 if they had been correctly translated, she said, but they
seemed unrelated before the attacks, in part because they were gathered during
the course of a criminal investigation.
A Phoenix FBI agent was the source of a memo before the attacks warning
about Middle Easterners taking flying lessons. Edmonds does not know whether
the same agent is related to her case.
Edmonds said she made another troubling discovery: One of her colleagues
admitted being a member of an organization with ties to the Middle East that
was a target of an FBI investigation. The colleague, also a Turkish
translator, invited Edmonds to join the group, assuring her that her FBI
credentials would guarantee admission. Edmonds declined to name the
organization, because she said it has been under surveillance.
Two months later, Edmonds said, one of the agents she worked with found
hundreds of pages of translation that her Turkish-speaking colleague had
stamped "not pertinent" and had therefore gone untranslated.
The agent asked Edmonds to retranslate her colleague's work. "We came
across 17 pieces of extremely specific and important information that was
blocked, and at that point, this agent and I went to the FBI security
department in the Washington field office, and found out my supervisor had not
reported my original complaints," she said.
Edmonds said she was repeatedly warned that she would be opening a "can
of worms" if she kept filing security complaints, but she continued reporting
lapses to ever-higher levels of management until, in March 2002, she wrote a
letter to FBI Director Robert S. Mueller III, she said. She also contacted the
Senate Judiciary Committee. In response, the FBI confiscated her home
computer, challenged her to take a polygraph test, which she said she passed,
and terminated her contract.
A Justice Department spokesman did not respond to a request for comment.
Previously, officials have said Edmonds was fired for disruptive behavior on
the job.
Over the summer of 2002, the Senate Judiciary Committee requested and
received unclassified briefings about her case by FBI officials, in which
Senate aides said the FBI confirmed much of what Edmonds had alleged. Senators
Patrick Leahy, Democrat of Vermont, and Grassley, the Republican, wrote
letters to Ashcroft, Mueller, and Glenn A. Fine, the inspector general at the
Department of Justice, requesting immediate attention to Edmonds's case. They
posted their letters on their websites, and Edmonds went public with her
story, which was featured in a segment on "60 Minutes" in October 2002.
Edmonds also filed suit against the Justice Department on First Amendment
grounds. That prompted Ashcroft to invoke the rare "state secrets" privilege,
arguing "the litigation creates substantial risks of disclosing classified and
sensitive national security information," a Department of Justice news release
said.
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