Former FBI translator Sibel Edmonds hires attorney David Colapinto of the Washington firm Kohn, Kohn and Calapinto, who sues the FBI under the Freedom of Information Act for full disclosure of all documents related to her allegations against Melek Can Dickerson (see December 4, 2001 and Afternoon February 12, 2002) and her dismissal from the FBI (see March 22, 2002). [Vanity Fair, 9/2005]
August or September 2002: Air Forces Investigation Concludes that Major, Accused of Espionage and Obstruction, Has Not Done Anything Wrong
The Air Force Office of Special Investigations completes its investigation into Major Douglas Dickerson’s relationship with the American-Turkish Council. The inquiry had been launched in response to allegations by FBI translator Sibel Edmonds that Dickerson’s wife was using her position as an FBI translator to shield certain targets working for the ATC from surveillance (see December 2, 2001 and Afternoon February 12, 2002). On September 10, 2002, Colonel James N. Worth, the Air Force’s director of inquiries, writes in a letter to Edmonds’ attorneys: “We have determined the allegations contained in your letter of August 7, 2002, involving Major Douglas Dickerson do not show improprieties and therefore do not warrant a formal inquiry” by the Air Force’s Office of the Inspector General (OIG). After conducting “a complete and thorough review,” he continued, the Office of Special Investigations could find “no evidence of any deviation from the scope of his duties. Absent new and relevant information we have closed this matter.” [Village Voice, 7/13/2004; United Press International, 1/24/2005] Edmonds, who was never interviewed as part of the investigation, will continue to press for an investigation. In a September 19 letter to Joseph E. Schmitz, the Air Force’s Inspector General, Edmonds’ attorney will request that the OIG reopen the case and thoroughly investigate her charges. [Colapinto, 9/19/2004]
October 18, 2002: Ashcroft Invokes ‘State-Secrets Privilege’ to Prevent FBI Whistleblower’s Suit from Being Heard in Court
At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. [New York Observer, 1/22/2004] The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. [Vanity Fair, 9/2005] The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” [US Department of Justice, 10/18/2002; Siegel, 2008, pp. 201]
February 11, 2004: FBI Whisteblower Edmonds Tells 9/11 Commission that Wiretapped Conversionations Pertaining to 9/11 Attacks Were Not Translated; Her Testimony Is Ignored
Sibel Edmonds testifies before the 9/11 Commission in a specially constructed “bug-proof” secure room for three and a half hours, describing in detail problems she witnessed while working as an FBI linguist (see, e.g., September 20, 2001 and After,
(After September 14, 2001-October 2001),
Early October 2001,
(Late October 2001),
(November 2001), and
December 2, 2001). A month later, she tells the Independent: “I gave [the commission] details of specific investigation files, the specific dates, specific target information, specific managers in charge of the investigation. I gave them everything so that they could go back and follow up. This is not hearsay. These are things that are documented. These things can be established very easily.… There was general information about the time-frame, about methods to be used but not specifically about how they would be used and about people being in place and who was ordering these sorts of terror attacks. There were other cities that were mentioned. Major cities with skyscrapers (see April 2001).” [Independent, 4/2/2004] In its final report (see July 22, 2004), the 9/11 Commission will make no mention of the problems Edmonds witnessed with the FBI’s translation unit, save for a single footnote. [9/11 Commission, 7/24/2004, pp. 222; Edmonds, 8/1/2004] One month earlier, a reporter had asked one of the Democratic commissioners about the Edmonds case, and he replied, “It sounds like it’s too deep in the weeds for us to consider, we’re looking at broader issues.” [New York Observer, 1/22/2004]
March 2004: Agent Forced Out of FBI for Supporting Whistleblower Sibel Edmonds
John Cole, an FBI agent who has supported whistleblower Sibel Edmonds inside the FBI, is forced out of his position. Cole will later say that this is because of the support he offered her. After Cole read Edmonds’ file, he decided her allegations were accurate: “I thought that I could be of some assistance to her, because I knew she was doing the right thing. I knew because she was right.” According to Cole, her allegations were confirmed by others at the FBI, “They were telling me that Sibel Edmonds was a 100 percent accurate, that management knew that she was correct.” However, Cole is subjected to a long bout of harassment. After years of good reports, his appraisal only says his work in one area is “minimally acceptable,” and he is investigated by the Office of Professional Responsibility for allegedly lying on a background check and disclosing classified information without authorization. Finally, he is demoted to menial tasks such as photocopying, causing him to resign. [Vanity Fair, 9/2005; Congressional Quarterly, 1/26/2007]
May 19, 2004: Previously Public Information about FBI Whistleblower Is Now Classified
Attorney General John Ashcroft again invokes the “state secrets” privilege (see March 9, 1953), forbidding former FBI translator Sibel Edmonds from testifying in a case brought by hundreds of families of September 11 victims (see October 18, 2002). [New York Times, 5/20/2004] Four weeks earlier, on April 26, the Justice Department had obtained a temporary court order preventing her from testifying before the court. [Independent, 4/2/2004; Government Executive, 4/30/2004] The families, represented by the law firm Motley-Rice, allege that a number of banks and two members of the Saudi royal family provided financial support to al-Qaeda. [New York Times, 5/20/2004] Ashcroft’s order retroactively classifies information it provided Senators Chuck Grassley and Patrick Leahy (see June 17, 2002) concerning former FBI translator Sibel Edmonds and her allegations. Among the documents to be “reclassified” are the follow-up letters sent by Grassley and Leahy to the FBI which they posted on their website. Their staff members are prohibited from discussing the information, even though it is now public knowledge. The order bars Edmonds from answering even simple questions like, “When and where were you born?” “What languages do you speak?” and “Where did you go to school?” [New York Times, 5/20/2004; Boston Globe, 7/5/2004; Asia Times, 8/6/2004; Vanity Fair, 9/2005] In response to the announcement, Grassley says: “I think it’s ludicrous, because I understand that almost all of this information is in the public domain and has been very widely available. This classification is very serious, because it seems like the FBI would be attempting to put a gag order on Congress.” [New Republic, 6/7/2004]
July 6, 2004: FBI Translator Sibel Edmonds’ Whistleblower Lawsuit Is Dismissed
US District Judge Reggie B. Walton, appointed by George W. Bush, dismisses Sibel Edmonds’ lawsuit (see June 2002) against the Justice Department, accepting the government’s argument that allowing the case to proceed would jeopardize national security [Associated Press, 7/6/2004; CNN, 7/7/2004] and infringe upon its October 2002 declaration (see October 18, 2002) that classified everything related to Edmonds’ case. Walton refuses to explain his ruling, insisting that to do so would expose sensitive secrets. “The Court finds that the plaintiff is unable to establish her First Amendment, Fifth Amendment, and Privacy Act claims without the disclosure of privileged information, nor would the defendants be able to defend against these claims without the same disclosures… the plaintiff’s case must be dismissed, albeit with great consternation, in the interests of national security,” Walton says in his ruling. [CNN, 7/7/2004] Walton never heard evidence from Edmonds’ lawyers. [Associated Press, 7/6/2004; Associated Press, 7/7/2004]
July 8, 2004: Justice Department’s Inspector General Report Supports Sibel Edmonds’ Allegations
Glenn A. Fine, the Justice Department’s inspector general, completes his report on Sibel Edmonds’ allegations (see Afternoon March 7, 2002). The 100-page report determines that “many of Edmonds’ core allegations relating to the co-worker [Melek Can Dickerson] were supported by either documentary evidence or witnesses” and concludes that “the FBI did not, and still has not adequately investigated these allegations.” Additionally, Fine’s report concludes that Edmonds was fired because she was having a “disruptive effect,” which could be attributed to “Edmonds’ aggressive pursuit of her allegations of misconduct, which the FBI did not believe were supported and which it did not adequately investigate.” Fine adds, “[A]s we described throughout our report, many of her allegations had basis in fact. We believe… that the FBI did not take them seriously enough, and that her allegations were, in fact, the most significant factor in the FBI’s decision to terminate her services.” The report is immediately classified by the FBI. Not even Edmonds is allowed to see the contents. An unclassified 37-page summary of the report will be released in January 2005. [Washington Post, 7/9/2004; Associated Press, 7/30/2004; Associated Press, 1/14/2005; CNN, 1/14/2005; New York Times, 1/15/2005; Vanity Fair, 9/2005]
July 29, 2004: FBI Letter Vindicates Many of Whistleblower Sibel Edmonds’ Allegations
A letter by FBI Director Robert Mueller regarding FBI whistleblower Sibel Edmonds is leaked to the media. Edmonds has made some very serious allegations about the FBI, including claims of important missed 9/11 warnings and the existence of a foreign spy ring inside US government agencies. Mueller’s letter reveals that a highly classified Justice Department report on Edmonds has concluded that her allegations “were at least a contributing factor in why the FBI terminated her services.” This report also criticizes the FBI’s failure to adequately pursue her allegations of espionage. An anonymous official states that the report concludes that some of her allegations were shown to be true, others cannot be corroborated because of a lack of evidence, and none of her accusations were disproved. [New York Times, 7/29/2004]
August 1, 2004: FBI Whistleblower Sends Scathing Letter to Chairman of 9/11 Commission
Sibel Edmonds writes a blistering critique of the 9/11 Commission’s final report in a letter to the commission’s chairman Thomas Kean. She says the commission failed to investigate and report the information she provided in February (see February 11, 2004) regarding the problems she witnessed while working as a contract translator in the FBI’s translation unit. She also explains why she thinks the attacks were not stopped and why the government will not prevent future attacks. “If Counterintelligence receives information that contains money laundering, illegal arms sale, and illegal drug activities, directly linked to terrorist activities; and if that information involves certain nations, certain semi-legit organizations, and ties to certain lucrative or political relations in this country, then, that information is not shared with Counterterrorism, regardless of the possible severe consequences. In certain cases, frustrated FBI agents cited ‘direct pressure by the State Department,’ and in other cases ‘sensitive diplomatic relations’ is cited.… Your hearings did not include questions regarding these unspoken and unwritten policies and practices. Despite your full awareness and understanding of certain criminal conduct that connects to certain terrorist related activities, committed by certain US officials and high-level government employees, you have not proposed criminal investigations into this conduct, although under the laws of this country you are required to do so. How can budget increases address and resolve these problems, when some of them are caused by unspoken practices and unwritten policies?” [Edmonds, 8/1/2004]
