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The FBI is Waiting for Special Agent Theresa Foley to Die

The story of FBI whistleblower Theresa Foley is distasteful and sordid - one too often told when speaking of FBI whistleblowers. 

Theresa Foley is no shrinking violet. She came from a law enforcement family and was a DEA support employee before joining the FBI in 2000. In 2003, Theresa volunteered for Guantanamo Bay Naval Base (aka GTMO), Cuba, which contained a military prison where FBI agents participated in the interrogations of detainees from the wars in Afghanistan and Iraq. 

Theresa was the only full-time female FBI agent. After arriving at GTMO, she was given a rat-infested dwelling, while male agents had cleaner and better housing (many at Navy lodges or base houses). Theresa’s dwelling had previously been a party “hooch,” and food, dirty dishes, and soiled furnishings were everywhere.  There was an overwhelming stench, and rat feces and urine were visible throughout the rooms. The first night Theresa spent at the dwelling was a long one, and she slept poorly. She kept hearing rats running in the ceiling and in the walls and the mattress was full of fleas. Each time she finally fell asleep, she was re-awoken by another rat or fleabite.


For the next several days, Theresa asked for different housing but was told there was no other space.  Like other FBI whistleblowers, Theresa is dedicated, honest, hardworking, articulate, and extremely proud of her role as an FBI agent, believing that her role at the Bureau was a career, not just a job. She continued working hard. 

Personnel came in to set rattraps and ended carrying out bags full of carcasses. A month later, Theresa was finally moved to other housing. She had begun to notice that FBI agents were behaving in a college fraternity house manner. There was no real oversight, and beach parties were common, with personnel coupling up, and a pervasive party atmosphere with heavy drinking. Similar to what happened with the recent Secret Service scandal. When Theresa did not join in, was subjected to crude and misogynistic comments. 

Theresa began swelling from the bites she had received, her lungs were congested, and she was fatigued. As an athlete, she knew something was wrong with her body, but she could not get any assistance from the FBI at GTMO. Theresa flew to Florida on her own dollar to seek medical advice. 

After returning from Florida, her health continued to deteriorate. Theresa flew home to Boston in early 2004, where doctors at Beth Israel Hospital diagnosed her with Leptospirosis, a debilitating tropical disease, usually caused by exposure to rat urine or feces. She returned to duty shortly afterwards with chronic fatigue and a simmering infection from the bacteria caused by the disease. She again found herself ridiculed and harassed for not joining in the “FBI family” fun at GTMO.  This included drinking, dressing up in detainee prison suits or Arab attire at parties, sexual misconduct, 
and unprofessional behavior. 

The sexual slurs continued, until one day an FBI Firearms Instructor (knowing she had a tropical disease with physical limitations and was a whistleblower) advised her that unless she knelt during firearms, she would be subjected to a Fitness for Duty exam and lose her career.  Always the good agent, Theresa knelt, rupturing the muscles in her leg, releasing bacteria throughout her body.  Her immune system collapsed, and Theresa went home to Boston in July 2004. She has been there ever since, bedridden, living with her father and mother. 

Theresa Foley is an FBI whistleblower. She blew the whistle on the unprofessional misconduct of fellow FBI agents. The outcome of blowing the whistle in the FBI is usually retaliation, dismissal, and a cover-up.  Standard FBI procedure includes perjury, “missing” documents, altered reports, and punishment against the whistleblower. This occurred is Theresa’s case. 

Bedridden since 2004, Theresa has undergone eight surgeries, numerous hospital stays, two spinal fusions, and a hysterectomy, all directly traced to the tropical disease she caught at GTMO. She has no hope of children, and her glorious career is lost forever.  Her life is an unending cycle of pain.  She is totally disabled. Her days consist of trying to get the medicine and medical procedures that she desperately needs.  Her medical claims have to be processed through the FBI, and they appear to be intentionally slowing or stopping medical assistance. 

Although the FBI proclaims itself as a “family,” this does not extend to whistleblowers. Whistleblowers are routinely retaliated against and driven from the Bureau. FBI Director Robert Mueller is well known for glad-handing politicians and talking about his support for whistleblowers, but his honesty has come into question, as his actions over the last eleven years have spoken far louder than his empty words. Director Mueller and his legal counsel tie up whistleblower cases for years, making it prohibitively expensive and emotionally draining. They have unlimited amounts of taxpayer money to accomplish their goal, and they spare no expense in using the legal system to further retaliate. 

Theresa has waited for justice since 2004, and in the last eight years not a single FBI “family” employee has come to see her. She has never received a note, a call, a visit, or any other semblance of civility from the FBI.  She has been riddled with infection, and her body is slowly failing her because of a tropical disease that she caught while employed as a Special Agent. 

Theresa’s father, a man who was proud of his daughter when she graduated from the FBI Academy, felt many emotions as he watched his daughter slowly waste away – emotions that ran the gamut from fear to anger. He could never understand how the FBI and Director Mueller could treat his daughter so brutally and punitively. Could others not see that his daughter had served the FBI with fidelity, bravery, and integrity? He remarked that the FBI was just waiting for his daughter to die, and that her departure would end the problem she presented as a whistleblower. 

Theresa Foley has hung onto life, waiting for her opportunity in court. She swears she will see that day and will not leave this earth until she finds justice. Death, however, found her father, and he departed this earth last week still heartbroken over the treatment his daughter received. No FBI employee came to his wake or the funeral. His daughter received no cards, no flowers, and no calls, even though she is still attached to the Boston FBI office. 

The same time Theresa’s father died, the FBI filed a motion in Washington D.C. asking for summary judgment and dismissal of Theresa Foley’s case. Her case has recently been moved from Boston to Washington D.C. at the behest of the FBI, knowing that travel for Theresa would worsen her already critical condition. One more impediment to throw down, one more injustice, one more voice silenced, as the FBI waits for Theresa Foley to die.

Something You Can Do To Help One Soldier This Memorial Day

You can take a few minutes to send a letter of support on behalf of Lieutenant Colonel Darrel Vandeveld. Lt. Col. Vandeveld is a highly decorated member of the U.S. Army Reserve Judge Advocate General Corps  who served in Bosnia, Africa, Iraq and Afghanistan, as both a solder in combat and a prosecutor.  After almost 20 years of courageous service to our country the Army is threatening his ability to retire with honor.  You may be asking yourself why. I know I certainly did.

Lt. Col. Vandeveld served as a prosecutor in the Office of Military Commissions at Guantanamo Bay, Cuba from May 2007 to September 2008. He went to bring “to justice detainees who President George Bush had said were ‘the worst of the worst,’” but eventually left Guantanamo because he concluded that he could not “ethically or legally prosecute” the case he was assigned.  Lt. Col. Vandeveld admits that he arrived at Guantanamo as a “true believer” and brushed off stories of detainee abuse as “hyperbole.” One such case was that of young Afghan Mohammed Jawad.  Jawad informed the court that he was a minor and that he had suffered horrible abuse during his detainment.  Lt. Col. Vandeveld accused Jawad of “exaggerating and ridiculed his story as ‘idiotic’” and “railed against Jawad’s military defense attorney” for being a terrorist sympathizer.

The Lt. Col. thought that he was working on a simple case that would produce a quick conviction and prove that the Guantanamo Military Commissions worked.  Little did Lt. Col. Vandeveld know that he was actually opening Pandora’s box.  He discovered many serious issues including: abusive interrogations, evidence withheld from the defense, judicial incompetence, and confessions coerced through torture.  When Lt. Col. Vandeveld brought these issues to his supervisors they were “harshly dismissive” of his concerns and “on some unspoken level, began to question my [his] loyalty, even though my [his] combat experience exceeded both of theirs combined.”  Lt. Col. Vandeveld made the “enormously painful decision to ask to be reassigned” because he could not “in good conscience continue.”

Following his resignation, Lt. Col. Vandeveld was ordered by the military commission judge to testify for the defense in Jawad’s case. He spoke honestly under oath concerning the constitutional violations committed against Jawad including subjecting him to the sleep deprivation regime, known as the “frequent flier program,” which involved moving him to a different cell 112 times over a 14-day period-an average of once every 2 1/2 hours.  In return for his honesty under oath and the public outrage that followed, the military issued him his first ever negative performance evaluation.
 
Lt. Col. Vandeveld was then subpoenaed in 2009 to testify before Congress regarding the Military Commissions Act of 2009, where he again spoke the truth, stating, "the military commission system is broken beyond repair. Even good faith efforts at revision...leave in place provisions that are illegal and unconstitutional."  He also explained to Congress that trying to revise the commission system “place our men and women in uniform at risk of unfair prosecution by other nations abroad, harm the reputation of the United Sates,....[and] undermine the fundamental values of justice and liberty upon which this great country was founded.”  Instead of taking his testimony seriously, the Army chose to retaliate against Lt. Col. Vandeveld for his courageous stand and also to resume the commissions at Guantanamo with minimal revisions.

Fortunately for Jawad, Lt. Col, Vandeveld’s testimony helped lead to the exclusion of his coerced confession and a federal judge granting his habeas corpus petition and releasing him from detention.  However, just 4 months away from 20 years of outstanding service to our nation, Lt. Col. Vandeveld’s career is in jeopardy. On June 1, a military promotions board will meet, ironically, not to honor or promote Lt. Col. Vandeveld for his courage.  The promotion board will more than likely to refer him to a show cause board where he would be forced to justify his continued service in the Army.

We cannot allow the reputation of a distinguished soldier to be destroyed because he defended the constitution that so many of our men and women have died to protect.  Please take a few minutes before you head out to attend a Memorial Day parade or picnic to send a letter in support of Lt. Col. Vandeveld and forward it to your friends and family.  

 
 

Camp Delta Sergeant Joe Hickman blows the whistle on Guantánamo "Suicides"

In its March issue, Harpers Magazine challenges the official and widely reported story that three prisoners being held in Guantánamo Bay committed suicide in an act of “asymmetrical warfare.”  The article, written by Scott Horton, is based largely on observations of whistleblower Joe Hickman, the highly decorated Staff Sergeant who was on duty as the guard for Camp America’s exterior security force the night the “suicides” occurred. Horton uses Hickman’s disclosures to clearly demonstrate that the official report is false.

Some major findings from the article include:
 

  • The three detainees were taken to a black site referred to as “Camp No,” which, according to the article, soldiers believe is operated by the CIA. Later that night, the same white van that was used to transport prisoners to “Camp No,” returned to Camp America and went directly to the medical clinic.
     
  • Well before the time official reports state that the prisoners were found in their cells, accounts spread throughout Camp America that three prisoners had died by “choking on cloth.” The following morning, the camp’s commanding officer told a gathering of personnel that “we all know” that the prisoners died by choking on cloth, but an official account would be released saying that they had committed suicide by hanging themselves. All present were ordered not to contradict or undermine the official account in any way.
     
  • The story then traces a cover-up of the deaths involving many different agencies of the federal government—including the Justice Department—that has continued for three and a half years, and has continued into the Obama Administration.

The NWC supports whistleblower Joe Hickman for trying to bring the truth to light. Whistleblowers would agree with Sergeant Hickman that “silence was just wrong.” Please read the full Harpers article for the rest of this incredible story.


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