Thread by @MarkSZaidEsq

1/My firm filed new #FOIA lawsuit today for @wbaidlaw to compel disclosure of @FBI records re: #whistleblower’s efforts to reveal pattern of falsified intel reports generated by FBI & @CIA that led to unlawful retaliation. Story of #MarkMcConnell told in
newyorker.com/magazine/2020/…

2/In July 2017, McConnell was detailed by Organized Crime and Drug Enforcement Task Forces (OCDETF) Executive Office to work at Joint Interagency Task Force South (JIATFS) at request of JIATFS leadership.

3/Primary reasons for detailing McConnell were to inject agency-agnostic prosecutor perspective into fed law enforcement agency interactions at JIATFS to try & smooth out unproductive competitive interagency law enforcement behaviors ...

4/...& to help JIATFS build transparent & coordinated targeting process to improve cooperation & effectiveness between federal law enforcement & intel agencies & fed prosecutors to better enable JIATFS to use limited interdiction assets to target most significant ...

5/...maritime drug transportation events. McConnell’s detail to JIATFS was 1st time @TheJusticeDept attny had ever worked in JIATFS environment & had opportunity to evaluate programs in place to support fed law enforcement investigations that target int'l drug trafficking orgs.

6/Shortly after McConnell started at JIATFS, he was approached by @DEAHQ Special Agent who was assigned to JIATFS & who requested help w/targeting case in which Agent believed #FBI & #CIA had submitted false & deceptive intelligence reports ...

7/...all of which were classified SECRET in form of critical movement alerts (CMAs) into JIATFS intelligence fusion & interdiction targeting database called “Helios.” The Agent believed these CMA entries were introduced to influence JIATFS targeting actions to favor targets ...

8/...submitted by FBI over targets submitted by other federal law enforcement agencies. These CMAs contained precise targeting information attributed to specific FBI personnel & to supposedly classified method of collection that was under control of law enforcement agency ...

9/...but CMAs did not appear to be connected to any actual ongoing FBI criminal investigation. All other federal law enforcement-based CMAs in Helios were marked UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE in compliance w/rules & law enforcement controlled collection methods.

10/After McConnell reviewed Helios CMA entries in case identified by DEA Agent, McConnell approached senior FBI Agent at JIATFS & inquired whether CMAs were improperly classified & falsely attributed to FBI personnel in order to mask fact that CIA was true source of info.

11/Senior FBI Agent advised McConnell that CMAs related to targets of mutual interest to CIA & FBI, that was appropriate way for FBI to start new investigations based upon partnership w/CIA & any conflicts between new FBI investigations & ongoing investigations ...

12/...by other federal law enforcement agencies that had provided CMA intelligence reports on same targets could be worked out later in field. McConnell told FBI Agent it was improper for FBI to use classified info from another govt agency that purported to come solely from FBI.

13/McConnell further advised that corrective action was needed immediately because improper masking of CIA’s role in federal criminal prosecutions could cause federal prosecutors who did not know to fail to meet their affirmative discovery disclosure obligations.

14/Failing those obligations could result in dismissal of fed criminal cases & potentially result in professional discipline actions against individual prosecutors. FBI Agent did not agree with McConnell’s assessment of problems related to deceptive CMAs.

15/After this conversation McConnell reviewed all FBI CMAs in Helios database that appeared similar & found dozens of apparently deceptive FBI CMA entries. Bc of significant issues raised by intentionally false FBI CMAs, incl possible criminal violation of 18 U.S.C. § 371 ...

16/...McConnell felt compelled to raise issue up his OCDETF chain of command & despite support of his OCDETF supervisory chain, that is when his problems truly began.

17/On Mar 2, 2018, an Assistant U.S. Attorney asked McConnell abt maritime narcotics interdiction case that involved suspicious FBI CMAs & where FBI had refused to divulge source of investigative info to him. McConnell related full story that ...

18/...deceptive CMAs appeared to be FBI/CIA intelligence laundering scheme where CIA info was being intentionally falsely attributed to FBI sources in JIATFS CMAs in order to influence JIATFS targeting & DOJ case assignment decisions ...

19/...& that FBI personnel had refused to answer questions from JIATFS intelligence & operations staffs as to true source of information contained in purported FBI CMAs.

20/In Nov 2018, McConnell learned OCDETF regional authorities in Miami had given approval to FBI-led law enforcement op w/i S.D. Fla on basis of 4 maritime interdiction prosecutions that resulted from deceptive FBI/CIA CMAs.

21/Fact CIA had actually provided info contained in CMAs was never revealed to OCDETF prosecutors who approved FBI-led operation. This served as confirmation to McConnell & his supervisors at OCDETF Exec Ofc that fraudulent CMAs were deceptively influencing JIATFS/DOJ actions.

22/Later in Nov & December 2018, McConnell brought info abt CMAs to attn of JIATFS Staff Judge Advocate, Security & Intel Dir (J2) & OCDETF Dir/DepDirector. In order to best present legal & policy concerns created by deceptive FBI CMAs & only after securing approval ...

23/...of J2, McConnell created properly classified presentation that preserved examples of deceptive FBI CMAs in multiple cases. He lawfully disseminated presentation through secure channels to various individuals w/i OCDETF Exec Ofc, FBI & JIATFS staff.

24/On Jan 11, 2019, meeting held at CIA where McConnell’s classified presentation was discussed. CIA falsely alleged presentation involved spillage of classified CIA info in JIATFS database even though CMAs did not purport to contain CIA info!

Talk about #chutzpah!!!

25/CIA personnel in attendance pressed for consequences for McConnell. As a lawful #whistleblower, these actions would be retaliatory in nature & prohibited.

26/On Jan 22, 2019, after making lawfully protected disclosures up his chain of command & within JIATFS, McConnell learned his CMA presentation was being treated as improper spillage of CIA CMA information & it was ordered removed from classified JIATFS systems.

27/As JIATFS Security Manager put it to McConnell, presentation was being removed as part of “gentleman’s agreement with the Agency.”

28/On Jan 23, 2019, McConnell filed formal #whistleblower complaint w/@DeptofDefense Office of Inspector General’s classified hotline & attached his classified presentation. He filed subsequent complaints w/@TheJusticeDept & IC IGs as well.

29/Knowing he would be subject to CIA ire & face retaliation, McConnell followed classified info procedures & preserved backup printed copies of Helios images he had sent to hotline. Later that day, security officers deleted electronic version of presentation from his computer.

30/On Jan 29, 2019, OCDETF’s Dir requested mtg. McConnell was present w/Associate Deputy Attorney General #AndrewGoldsmith, ADAG #PatrickHovakimian, OCDETF’s Dir & DepDir & FBI Special Agents #BrianVorndran & #KristiJohnson.

31/ADAG Goldsmith reviewed electronic evidence presentation created by McConnell & prescribed that FBI conduct fact-finding investigation in conjunction w/OCDETF personnel to determine whether JIATFS FBI agents had intentionally submitted false CMAs in Helios database.

32/In response to ADAG Goldsmith’s instruction, FBI Special Agents Vorndran & Johnson undertook investigation w/o involving OCDETF personnel, in spite of requests from OCDETF leadership to participate, & produced corrective action report never shown to any OCDETF personnel.

33/On Feb 26, 2019, McConnell provided 7 hours of testimony under oath to DOJ IG.

CIA JIATFS rep brazenly complained to JIATFS senior staff that McConnell was improperly meeting w/DOJ IG.

34/On Mar 4, 2019, McConnell’s local access to JIATFS facilities & classified info systems was suspended by JIATFS Dir based on CIA’s allegations he improperly disclosed classified info related to FBI/CIA CMAs. He was escorted out front door of JIATFS command building.

35/This action was nothing but unlawful retaliation for McConnell’s proper #whistleblowing activities.

36/In Mar 2019, FBI Agents Vorndran & Johnson made false statements to ADAG Hovakimian abt FBI’s alleged corrective action regarding fraudulent CMAs. They claimed since Dec 7, 2018 corrected language removed false attribution of CMA info to FBI sources.

37/But between Dec 10-17, 2018, FBI CMAs submitted to Helios database by FBI continued to inaccurately attribute sources of info. McConnell’s classified presentation specifically identified CMA from December 17, 2018, that contradicted their assertion. FBI knew this.

38/A few weeks aft McConnell was ejected from JIATFS, CIA Dir #GinaHaspel visited. She was briefed on McConnell’s involvement & deceptive FBI/CIA CMA scheme. Dir Haspel expressed need for “repercussions” for McConnell because of his disclosure.

39/In following months, McConnell’s appeal of his suspension of access to JIATFS facilities & classified information was ignored & discussion about his future assignments grounded to halt.

40/On Jan 31, 2020, McConnell, me & #JohnTye (@wbaidlaw) met w/DOJ OIG & learned of existence of FBI’s corrective action report, which was identified as approx 35 pages long.

Apparently FBI never allowed OCDETF Dir to read full report.

41/DOJ spokesperson said ADAG Goldsmith reviewed matter & “made recommendations to federal law-enforcement officials and prosecutors, which resulted in a careful review of both past cases and current practice.” Problem was FBI never revealed true story.

42/@wbaidlaw & my firm are seeking to protect McConnell (& his DOJ superior) as lawful #whistleblowers. We have met w/Congressional reps & govt officials abt case & @NewYorker article by @RonanFarrow was completely authorized through our efforts. Now we have sued FBI for report.

END/This is how representing #natsec #whistleblowers must be handled. We ensure our clients act properly & lawfully to minimize any retaliatory actions against them & hopefully to reverse any prior adverse actions.

Govt officials who violate law/policy will be held accountable.