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"The Exigent Letter policies flooded the FBI with records on Americans who had no relationship whatsoever to terrorist activities. In part these violations stemmed from a deeper problem - the Bureau's inability to fully understand the nature and tactics of Middle Eastern religious-based extremists.  The FBI is thus unable to correctly access threats.  That is, it cannot focus on legitimate threats and quickly dismiss false ones."

"These deficiencies constitute a grave threat to our nation's security.  If the FBI and other intelligence agencies are not able to conduct accurate and timely threat assessments, mistakes such as the recent Christmas Airline Bombing incident and the shootings at Fort Hood, Texas will continue.  Our nation will remain vulnerable to legitimate terrorist threats that will not be detected in time."

The letter also details Mr. Youssef's invaluable contribution of reducing the number of exigent letters issued by 95.29% (pages 3-5), rebuts some of the OIG findings (page 12) and suggests solutions for properly managing counterterrorism programs (page 10).  

Lindsey M. Williams, Director of Advocacy at the National Whistleblowers Center, said, "Congress should get to the bottom of this by calling Mr. Youssef to testify, so that he can explain the full story behind the exigent letters, and how the FBI's practices have undermined properly targeted terrorism investigations. "

"Mr. Youssef's invaluable contributions have once again shown why Congress needs to pass H.R. 1507 to protect all national security whistleblowers," Ms. Williams added.

The National Whistleblowers Center is asking people to TAKE ACTION by sending letters showing their support for H.R. 1507 and Mr. Youssef to their Congressional representatives.

Links:

January 20, 2010 letter to Attorney General Holder

Action Alert

Background on Bassem Youssef

Washington Post Article

OIG Report

 

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In a front-page article today, the Washington Post reported that between 2002 and 2006 the FBI illegally collected “more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews.”

The FBI acknowledged that many of the phone records obtained belong to individuals with no connection to terrorism. This over-collection of data and abuse of search tactics actually detracts from our national security by obstructing properly targeted terrorism investigations. 

Bassem Youssef, the highly decorated Chief of the FBI’s Communications Analysis Unit in the Counterterrorism Division, was instrumental in exposing the illegal program and forcing FBI management to take corrective action, according to the article. Mr. Youssef’s vital contributions, made in the face of a systemic violation of civil liberties, highlight the need for strong protections for national security whistleblowers. Passage of strong whistleblower legislation (H.R. 1507) is absolutely essential to protect intelligence agency whistleblowers like Mr. Youssef.

The National Whistleblowers Center is urging people to TAKE ACTION by sending letters to their representatives in Congress that express support for Mr. Youssef and H.R. 1507.


*Meryl Grenadier (NWC fellow) contributed to this posting.

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One of the privileges of working for the National Whistleblowers Center is that I get to meet some truly remarkable people.  Last week, I could feel the electricity in the air as I introduced my client Bassem Youssef to Fred Whitehurst.  Fred was an earlier whistleblower from the FBI's Forensic Crime Lab. He is now an attorney leading our Forensic Justice Project.  Bassem is the FBI's highest ranking Arabic fluent Special Agent.  His career has been sidelined in recent years -- just when our country needed him the most.  After Fred and Bassem met, I could see the bond of familiarity that comes from surviving a shared suffering.  Let's see how well that bond photographs . . .

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Washington Post reporter Al Kamen writes in today's "In The Loop" column about an FBI diversity promotion.  Kamen looked at the FBI's web page to promote its American Indian/Alaskan Native Program.  The program seeks to "Eliminate discriminatory practices," increase representation in key occupational positions (including the Senior Executive Service, SES), and "to increase opportunities for all employees to advance to their highest potential."

Kamen notices that the photo on the FBI's web page is of Elizabeth Morris, a former FBI special agent who alleges that the FBI retaliated against her after she filed a complaint of workplace bias. "Morris," Kamen reports, "says she was fired in 2007 for filing a complaint against a supervisor for making racially insensitive remarks and for alleging that another agent sent subpoenas to dozens of businesses not under investigation with no intent of reviewing the records."  Sen. Charles Grassley (R-Iowa) has asked the Justice Department to report back about this.

If the FBI really wants to promote diversity, it could be looking within its own ranks for minority employees who could qualify for promotion.  Bassem Youssef is another example.  He is the FBI's highest ranking Arabic-fluent special agent.  Yet, the FBI sidelined him for five years after the 9/11 terrorist attacks.   In July 2006, the Department of Justice’s Office of Professional Responsibility concluded that the FBI illegally retaliated against Mr. Youssef because Mr. Youssef had made whistleblower disclosures to the Director of the FBI and a Member of Congress.

The FBI failed to promote Mr. Youssef to appropriate operational positions where the FBI as well as the nation would benefit from his exceptional and unique counterterrorism experience, Middle Eastern cultural understanding and Arabic language capability.

If the FBI is really serious about building a more diverse workforce, it must first admit that there's a gap and a problem that needs to be addressed. The FBI must protect its minority employees from retaliation. The FBI needs to allow independent reviews of its pending claims of retaliation, restore the careers of the affected minorities and take effective action against officials who retaliate.  

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According to a report in today's Washington Times, a leading FBI whistleblower has direct knowledge that illegal activities occurred in the highly controversial and top secret National Security Agency's domestic surveillance program. The whistleblower, Supervisory Special Agent Bassem Youssef, is the highest ranking Arab American agent employed in the FBI's counterterrorism division. His earlier concerns, that top FBI terrorism managers lacked expertise and experience in terrorism matters, were documented in a highly controversial deposition in which the former head of the FBI's Middle Eastern counterterrorism program testified that he did not know the difference between Shiite and Sunni Muslims. 
 

Below is a January 2008 video of Bassem Youssef  and his attorney Stephen Kohn discussing FBI procedures and civil liberties issues at the American Library Association's National Winter Conference.

 

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We just found this --

back on May 22, Keith Olbermann covered FBI Whistleblower Bassem Youssef's congressional testimony. The Youssef story starts at 1:30 of the video, which is found on the MSNBC site here

For more information on Agent Youssef and his courageous testimony, see our previous blog posts.

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Last week Supervisory Special Agent Bassem Youssef testified before members of the House Judiciary Committee, telling them that two of every three positions in the FBI's critical counterterrorism units have remained unstaffed since 9/11.  He also explained that, of the agents who are currently working counterterrorism, few have the expertise or the training required to do the job correctly.

In a extraordinarily positive step, House and Senate leaders have taken notice of Mr. Youssef's forthright testimony, and a bi-partisan group of lawmakers is now calling for the GAO to conduct an independent "review of the FBI’s human capital management strategy."  For further information, see this article in Congressional Quarterly

The National Whistleblower Center has issued an Action Alert on this issue , urging supporters to help protect Mr. Youssef from retaliation by emailing the Attorney General.

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The hearing has now concluded. I expect that Special Agent Youssef's powerful testimony will garner some attention in the mainstream media and the blogosphere. It looks like ABC News is the first to get a story filed -- see it below and check back as I will update this with more stories over the next few days.


Press Coverage of Congressional FBI Whistleblower Hearing / Bassem Youssef:

• ABC News
• Fox News
• Reuters
• CNN
• Washington Times
• LA Times
• USA Today
• Think Progress
• American Library Association
• CNN Wire
• Salon.com
• AFP
• GovExec.com
  

 

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UPDATE: THE HEARING VIDEO IS NOW HOUSED AT THIS WEBSITE: http://judiciary.house.gov/oversight.aspx?ID=445


Bassem Youssef will be testifying at a 1:30pm hearing today before the House Judiciary Subcommittee on Terrorism and Homeland Security. Mr. Youssef is expected to discuss shocking shortfalls in the FBI's Counterterrorism Division since 9/11.

To watch this hearing online, click here to go to the Committee Website, and then click on "View Live Webcast"

If you don't have time to watch (or if you just can't wait to hear the testimony), I urge you to read the testimony -- submitted by Attorney Stephen Kohn on Mr. Youssef's behalf. Just click the link below.

WRITTEN STATEMENT FILED ON BEHALF OF FBI SUPERVISORY SPECIAL AGENT and UNIT CHIEF BASSEM YOUSSEF

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Bassem Youssef, an FBI Supervisory Special Agent and Middle Eastern counterterrorism expert, is scheduled to testify tomorrow (May 21, 2008) before the House Subcommittee on Crime, Terrorism, and Homeland Security in the Rayburn House Office Building, Room 2141


You may recall from previous posts that SSA Youssef has been the victim of ongoing retaliation from upper-level FBI managers ever since he began reporting serious mismanagement and misconduct in terrorism related investigations. Earlier this year, Mr. Youssef was gagged by the FBI when he was invited to speak before the American Library Association regarding the misuse of NSL letters to obtain phone records without a warrant.


SSA Youssef is expected to give shocking testimony about potentially catastrophic mismanagement the FBI's Middle Eastern counterterrorism programs. I encourage everyone to attend the hearing and show your support for this brave whistleblower. See the National Whistleblower Center press release below for more information.

-----------------------------------------------------------------------------------

FBI WHISTLEBLOWER TO TESTIFY ON MISTAKES
INSIDE COUNTERTERRORISM PROGRAM

Unit Chief to disclose shortfalls in war on terror

WHAT:           FBI Whistleblower and Supervisory Special Agent Bassem Youssef testifying before Congress

WHEN:           Wednesday, May 21, 1:30 p.m. EDT

WHERE:         Rayburn House Office Building, Room 2141

Washington, D.C. -- FBI Counterterrorism Whistleblower Bassem Youssef will testify before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security.

During the oversight hearing, titled On The FBI Whistleblowers: Exposing Corruption and Retaliation Inside the Bureau, Supervisory Special Agent Bassem Youssef will for the first time alert Congress and the American people to the grave deficiencies within the FBI's Counterterrorism Division since 9/11.

It is expected that Youssef's testimony will include previously undisclosed information.

Youssef is the Unit Chief of the FBI's Communications Analysis Unit. He is the highest-ranking Arab-American agent in the Counterterrorism Division, and the highest-ranking fluent Arabic speaker. In 1994, he earned the Intelligence Community's prestigious and coveted award, the National Intelligence Distinguished Service Medal, awarded by the Director of Central Intelligence. The award was for outstanding accomplishments in a terrorism case involving an al-Qaeda-related investigation.

Youssef has also been instrumental in reporting and rectifying problems with the FBI's National Security Letter program.

For more information about Youssef, please visit the National Whistleblower Center's website at http://www.whistleblowers.org/html/bassem_youssef.html

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