Mark S. Zaid Profile picture
Oct 17 16 tweets 6 min read
1/NEWS DEVELOPMENT:

New #FirstAmendment lawsuit filed in federal court in DC today against @TheJusticeDept/@FBI challenging prepublication review classification delays & decisions re: “Because There Are Monsters” by former FBI Special Agent #HarrySamit, who served 1999-2020.
2/#Samit served as lead case agent on #ZacariasMoussaoui 9/11 terrorism investigation prior to & following attacks in NY, DC & PA.

His 852 page Manuscript has been undergoing review since April 2021. Less than half has been approved for publication.

famous-trials.com/moussaoui/1816….
3/“Because There Are Monsters” is true crime/intelligence memoir describing Samit’s first 9 years assigned to Minneapolis Joint Terrorism Task Force. Following discussion of Samit’s background & quest to become FBI Special Agent, substantive portion of Manuscript begins ...
4/...in Spring 1999 with his arrival in Minneapolis & assignment to JTTF. The Manuscript discusses unclassified details regarding number of investigations, both terrorism & non-terrorism, that will catch reader’s attention. The terrorism cases are particularly important ...
5/... not merely to illustrate what FBI Field Office in Minneapolis was doing to thwart terrorism before 9/11, but also because demonstrates kinds of sophisticated, creative & audacious steps JTTF was taking to target Al Qaeda in the early days of the War on Terror.
6/The Manuscript refutes contention by FBI officials that Minneapolis Field Office & Samit were inexperienced when fateful events of August & September 2001 began to gather momentum.

Centerpiece of Manuscript is description of #Moussaoui investigation & trial.
7/In addition to detailed narrative description of dramatic days between opening of investigation on August 15, 2001 & attacks that occurred not even one month later, Samit reveals blunders & misconduct committed by @FBI HDQs officials, to include events ...
8/...on fateful tragic day of September 11, 2001. The Manuscript describes 4 1/2 year effort to prosecute #Moussaoui against backdrop of other @FBI Minneapolis counterterrorism investigations.

Throughout time #FBI HDQs-run PENTTBOMB team was investigating attacks & preparing ...
9/... try Moussaoui, those in Minneapolis Field Office were continuing to battle Al Qaeda & arrested two other operatives – Mohammed Warsame and Mohamed Kamal El Zahabi – in 2003 and 2004, respectively. Both individuals were exceedingly dangerous Al Qaeda operatives ...
10/... & their stories, incl El Zahabi’s largely uninvestigated role as senior figure directing 9/11 attacks from inside U.S., are revealed in detail for first time. Regrettably, the two subjects escaped appropriate punishment for their crimes & Manuscript ...
11/ ... explains why Samit believes that occurred.

Manuscript also discusses @FBI’s efforts & activities to disperse blame for 9/11 attacks & ignore/conceal cultural & organizational flaws which caused mistakes that cost our nation so much.
12/None of the national security investigations discussed in Manuscript were opened later than 2003 & all were closed more than a decade ago.

Until Samit receives final approval from FBI, he is restricted by past secrecy agreements & statutes from sharing his important story.
13/My firm routinely litigates #FirstAmendment cases for former federal officials who are having their manuscripts reviewed for classification purposes.

15/Last year, we had a very informative discussion on prepub review w/@IntlSpyMuseum, @INTLSpyCast

thecyberwire.com/podcasts/spyca…
END/If anyone would like a copy of the lawsuit Complaint, you can e-mail me at Mark@MarkZaid.com

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More from @MarkSZaidEsq

Oct 18
1/I applaud work of @January6thCmte & everything it has uncovered. Incredibly important effort & one that should - if powers permit - continue into next Congress.

But I have serious questions regarding whether it has pursued all possible leads/inquiries.

And media should ask.
2/According to March 4 report from @DHSOIG, @DHSgov Office of Intelligence & Analysis “identified specific threat information related to the events on Jan. 6, 2021, but did not issue any intelligence products about these threats until Jan. 8, 2021."

Well, what abt #JosephMaher?
3/#JosephMaher is senior staff member on @January6thCmte.

On January 6th he was Acting Dir of that same @DHS Office that failed to do its job.

We raised concerns last year re: conflict of interest to no avail. He stayed in his Committee assignment.

nytimes.com/2021/08/11/us/…
Read 6 tweets
Oct 3
1/Very worthwhile & interesting discussion of "Curious Fate of Citizen Snowden’s Archive" by long-time friend & oft media client @jeffersonmorley. Addresses issues many of us discuss all the time: where are Snowden's files & what should be done w/them?

spytalk.co/p/the-curious-…
2/In decade since Snowden's criminal acts (whether you agree w/his actions or not, no escaping they were criminal) to disclose NSA/Govt secrets, especially abt domestic surveillance program, it has been said only abt 10% of contents have been publicly revealed.
3/Put aside revealing NSA's domestic surveillance program, which I believe Snowden could have done w/release of single page court order w/same effect yet had he done that he likely could be in US & not facing indictment. There were numerous lawful paths he could have taken. #Sad.
Read 7 tweets
Sep 27
1/#RuleOfLaw is blind & sometimes not outcome we prefer. #WestfallAct immunity is tricky & harsh when applied. Lawsuit ends before it really begins.

Alas, I've been there before. Defamation case I handled against late Rep. John Murtha (D-Pa) is cited in decision.
2/We sued Cong. Murtha for defamatory statements against Marines accused of war crimes in Haditha, Iraq. His statements were proven false but Obama Administration invoked Westfall Act to cover Murtha's press comments.

At first we were allowed a deposition
rollcall.com/2007/10/26/law…
3/But Govt successfully obtained an interlocutory appeal to DC Cir where it was not a welcome appearance

legaltimes.typepad.com/blt/2008/11/co…
Read 6 tweets
Sep 26
1/Why is @DeptofDefense about to destroy much needed substantive #securityclearance reform?

In four days reform ordered 18 months ago by @EzraACohen as Acting DoD Undersecretary for Intelligence & Security (in furtherance of 2011 orders by SECDEF Gates) is to be implemented.
2/But apparently it won't be.

Instead, @DeptofDefense is poised to incorporate ordered changes into Trusted Workforce 2.0, which doesn't deal w/substantive due process & will effectively & intentionally kill the reform.

Why?

dcsa.mil/mc/pv/cv/
3/Cohen reform provides greater transparency to #securityclearance system & substantive due process, especially for civilian & military personnel. It compromises nothing but ensures everyone has equal footing within system.
Read 6 tweets
Sep 25
1/US Govt acknowledging #UFOs exist & Earth needs to be defended or reflection of sense of humor?

National Intelligence Manager for Aviation, part of @ODNIgov, integrates intel to safeguard global air community.

Seal on website caught my attention.

airdomainintelligence.mil
2/ Notice the unknown flying craft in lower left corner. Hmmmm.
3/Now I'm all for NIM-A's mission & vision. Can't argue that it's relevant, necessary & important. Has been ever since aircraft were invented & certainly long range missiles.
Read 8 tweets
Sep 6
1/THREAD - When #StarWars collectors go to the "Dark Side" & get sued

Few of us do not love Star Wars. I remember watching first movie in 1977. Many of us bought, played with & collected various toys. I still remember my X-wing model rocket that had only one successful mission!
2/In addition to regularly handling national security cases, I also rep auction houses, esp ones that focus on historic memorabilia, political americana, comic books & vintage toys. This includes @HakesAuctions & @RRAuction, among others.
3/I am often called upon to deal w/issues involving U.S. Government, such as quite intriguing interactions I had with @NASA this past June for @RRAuction about moon dust eating cockroaches!

Yes, you read that correctly! Moon dust eating cockroaches!

nytimes.com/2022/06/25/us/…
Read 17 tweets

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