Truth Remains Elusive 18 Years After Oklahoma City Bombing

I had just dropped off my oldest — and, at the time, only — son at the Montessori school he attended in Norman, Okla., when a KTOK radio reporter shared a live report about some kind of explosion in downtown Oklahoma City, 20 miles north of where I was.  It was only after more details began to flood in that the scope of the tragedy became evident.

Untold Stories of the OKC BombingFour years ago today, I published my first, albeit brief, article about the Oklahoma City Bombing.  No investigative journalism.  No interviews.  More than anything, just an observance.  Because I didn’t know much at the time.

That changed after I read Jayna Davis’ New York Times Best Seller, The Third Terrorist.

On June 7, 2009, I published a piece in which I called for the federal government to reopen its investigations Into TWA Flight 800 and the Oklahoma City Bombing.

On Sept. 27, 2009, I published another, Video Raises New Doubts About Oklahoma City Bombing Evidence, Investigation.  It included my first mention of Jesse Trentadue’s relentless campaign to obtain copies of pre-explosion surveillance video shot by cameras in downtown Oklahoma City and, in turn, learn the truth about the death of his brother, Kenneth Trentadue, while in federal custody in Oklahoma City.  It also included several statements attributed to Trentadue in a NewsOK.com article published that day.  Among them, one stood out:

“Four cameras in four different locations going blank at basically the same time on the morning of April 19, 1995. There ain’t no such thing as a coincidence.” — Jesse Trentadue

OKC Bombing InterviewsOn Sept. 28, 2009, I published three more articles — part 1 of 3, part 2 of 3 and Part 3 of 3 — based on my exclusive interview with author Davis who, after years of not speaking to anyone in the news media, broke her silence about the OKC Bombing videotapes.

On Sept. 30, 2009, I published another article based on my exclusive interview with David P. Schippers, a Chicago attorney who gained fame during the ’90s as the man who served as chief investigative counsel for the U.S. House of Representatives Judiciary Committee during the Clinton Impeachment Hearings, as manager of the proceedings that followed in the U.S. Senate, and as the author of the book, SELLOUT: The Inside Story of President Clinton’s Impeachment, chronicling those events.  NOTE:  He also served as director of the Justice Department’s Organized Crime Task Force in Chicago under Attorney General Robert F. Kennedy during the 1960s, though I didn’t realize that at the time I wrote this article.

On April 20, 2010, I shared political pundit Dick Morris’ observation that President Bill Clinton’s Waco actions render claims of an OKC Bombing cover-up more believable than ever.  Sadly, Morris’ claims only scratched the surface of a much larger crime.

Hussain Al-Hussaini (Quincy P.D. Photo)

Hussain Al-Hussaini (Quincy P.D. Photo)

More articles followed until, on March 11, 2011, I shared details about the arrest of Hussain Al-Hussaini, the man author Davis pegged as the third terrorist in her book of the same name, being arrested in Quincy, Mass.  Not surprisingly, no one in the mainstream news media showed interest in the man’s arrest, since the Timothy McVeigh-Terry Nichols narrative had already been “sold” to the American public.

After learning the Oklahoma City Bombing videotapes would be the subject of a federal court hearing in Salt Lake City May 11, I began covering Trentadue’s efforts more closely April 7, 2011.  I was particularly impressed by the attorney’s common-man reasoning he shared with Judge Clark Waddoups in the U.S. District Court for the District of Utah, Central Division:

The American public has a right to know what happened in Oklahoma City on the morning of April 19, 1995 and, more importantly, why?  Yet, it is obvious that for some reason FBI Defendants do not want the truth about the Oklahoma City bombing made public.  Perhaps the reason is as simple as: the Federal Government’s prior knowledge of that planned attack and failure to prevent it, or that there were others involved whom the Federal government chose not to expose and/or prosecute.  But whatever the reason, that is precisely why the FOIA became law: to protect the right of American citizens to know their own history and, more importantly, their government.  And that is why the Court should reject the FBI Defendants’ claim that their only obligation is to search their computerized records for this evidence knowing that it is not there and once that search they knew would fail has been concluded, they need do no more.

Also of interest were several documents Trentadue shared with me that shed light on the FBI’s response to his Freedom of Information Act request for the missing videotapes.

I continued to follow Trentadue’s efforts in several 2011 posts — on May 11, May 13, June 27, July 1, Sept. 9 — ending with one ‘Fast and Furious” post Oct. 10.

After almost a year passed, I picked up the trail again Sept. 11, 2012, publishing a piece under the headline, One-Hour Video Will Chill You.  It featured the video below.

On Oct. 21, 2012, I shared more details about Trentadue’s relentless pursuit of the truth about his brother’s death.  It was followed less than two months later by another not-so-dramatic update.

Things turned much more dramatic Jan. 30, when I shared details about Trentadue’s pursuit of information about the FBI’s “Sensitive Informant Program,” described by Trentadue as one used by the bureau “to recruit and/or place informants on the staffs of members of the United States Congress and perhaps even federal judges, in the national media, within other federal agencies as well as the White House, on defense teams in high-profile federal and/or state criminal prosecutions, inside state and local law enforcement agencies, and even among the clergy of organized religions.”

On March 1, 2013, I shared a follow-up piece about the FBI’s “Sensitive Informant Program,” using a headline to ask the question, Are FBI Informants Working Inside America’s Churches?

Eighteen years after the Oklahoma City Bombing, many questions persist and the truth remains elusive; therefore, I will strive to keep you updated on the case, in part, by following Trentadue as he pursues the truth about his brother’s death and, in turn, the Oklahoma City BombingStay tuned!

"Three Days In August" by Bob McCarty BobHeadshotSmall TCM Cover LR 4-10-13

Bob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. It chronicles the life and wrongful conviction of Army Green Beret Sgt. 1st Class Kelly A. Stewart. His second book, THE CLAPPER MEMO, is coming soon.

Are FBI Informants Working Inside America’s Churches?

Jesse Trentadue’s ongoing effort to obtain information from the FBI continued this week when he filed a motion Wednesday aimed at convincing a federal judge in Utah to allow him access to information about the FBI’s “Sensitive Informant Program.  The move was made one month after the Salt Lake City attorney filed his first motion — the details of which appeared in a post Jan. 30 — seeking, among other things, to learn whether the FBI has informants working inside American churches.

Trentadue Motion for Limited Disc 2-27-13

Click to download motion (PDF).

Why is Trentadue seeking the information?  Because he believes it will lead him closer to the truth about the 1995 death of his brother, Kenneth Trentadue, under suspicious circumstances while in custody at the U.S. Bureau of Prisons Federal Transfer Center in Oklahoma City.

Below, I share the fascinating details of his most-recent motion (PDF).  Beginning with the “Background” which begins on page one of the document, the details contained in the document appear below, minus the footnotes contained in the actual document:

The FBI devotes a considerable portion of the Memorandum that it submitted in opposition to Plaintiff’s Motion to arguing that this is a typical Freedom of Information Act (“FOIA”) case involving the adequacy of the FBI’s search for responsive documents and/or the applicability of the exemptions claimed by the FBI for not releasing the documents/records.  But this is not a typical FOIA case. Neither is it an isolated or stand alone case. This case, as the FBI well knows, is the latest front in Plaintiff’s long war with the Bureau to discover and uncover the truth about the Oklahoma City Bombing and a related matter: the murder of his brother, Kenneth Michael Trentadue.

Untold Stories of the OKC BombingThe first battle in this almost decade long FOIA war was fought before this very Court in Trentadue v. FBI, which revealed that persons other that Timothy McVeigh, Terry Nichols and Michael Fortier had participated in the Bombing. That first battle, and the documents/records that Plaintiff obtained as a result, also disclosed: (1) the existence of the FBI’s I-Drive and S-Drive computer systems wherein evidence related to the Bombing was kept hidden so as not to be subject to a FOIA request and/or not made part of the FBI’s official Bombing case file; (2) the CIA’s involvement in the Oklahoma City Bombing; (3) “Patriot Conspiracy” or “PATCON” that was a decade or more long FBI undercover operation designed to infiltrate and monitor or perhaps even incite various right-wing organizations; and (4) the existence of a surveillance camera videotape taken on the morning of April 19, 1995, which according to federal government documents purportedly shows not only the destruction of the Alfred P. Murrah Building, but also the persons who carried out that attack.  That first FOIA battle also disclosed the existence of the FBI’s “Sensitive Informant Program,” which is at the heart of this current FOIA discovery dispute.

The Sensitive Informant Program is the FBI’s disturbing practice of using private citizens as spies on the staffs of members of Congress and perhaps even federal judges, in the national media, within other federal agencies, on defense teams in high profile federal and/or state criminal prosecutions, inside state and local law enforcement agencies and even among the clergy of organized religions. The Sensitive Informant Program is designed to and does result in the circumvention of the protections guaranteed to American citizens by the Bill of Rights and the Separation of Powers Doctrine.

In response to Plaintiff’s FOIA request for the policies, rules, protocols and/or procedures governing the FBI’s recruitment and use of such informants in this secret surveillance program which spies on United States’ citizens on United States’ soil, the FBI produced 205 pages, which appear to be but a small portion of its: “Corporate Policy Directive” on the use of confidential human sources, “Confidential Human Source Validation Standards Manual,” “Confidential Human Source Policy Manual,” and “Domestic Investigations and Operations Guide” (collectively the “Manual”). Those portions of the Manual that the FBI actually provided to Plaintiff were heavily redacted. The FBI withheld all of these portions of the Manual on the basis of various exemptions from disclosure under FOIA.

It is Plaintiff’s belief, however, that NO exemption can be asserted to conceal this unconstitutional domestic spy/surveillance program. Simply put, FOIA, which has as its stated purpose the disclosure of the federal government’s wrongdoing, cannot and should not be used to shield the FBI’s unconstitutional actions undertaken on what appears to be a national scale. However, in order to properly frame and present to the Court his challenge to the FBI’s claims of exemption Plaintiff needs to conduct limited discovery into the scope and duration of this Sensitive Informant Program.

In the “Summary of the Argument,” beginning on page four of the motion, he presents the latest details:

Plaintiff’s need for this discovery is simple. If, for example, the FBI has never embedded a Sensitive Informant on the staff of a member of Congress and/or a federal judge, in the national media, within another federal agency, on the defense team in high profile federal and/or state criminal prosecution, inside of a state or local law enforcement agency or among the clergy of an organized religion, it will admittedly be difficult for Plaintiff to assert that NO FOIA exemptions should apply to those portions of the Manual being withheld from him. This is so because a rare or isolated violation of the Constitution by the use of Sensitive Informants may not be sufficient for the Court to override the FBI’s exemption claims.

However, if the FBI’s Sensitive Informant program has been in operation for years and/or involves the placement of many Sensitive Informants on the staffs of members of Congress and perhaps even federal judges, in the national media, within other federal agencies, on defense teams in high profile federal and/or state criminal prosecutions, inside state and local law enforcement agencies or among the clergy of organized religions, then it is obvious that the Manual is designed to and/or does result in the circumvention of the protections guaranteed to American citizens by the Bill of Rights and the Separation of Powers Doctrine. If this is so, then it is Plaintiff’s position that the FBI cannot lawfully assert any FOIA exemption to keep secret a clearly unconstitutional nationwide program of domestic spying.

The information that Plaintiff’s seeks by way of this discovery will also be necessary for the Court to determine whether the (b)(1) exemption claimed by the FBI applies. Exemption (b)(1) allows the FBI to exempt certain records provided it declares them “secret” on the basis of national security AND pursuant to an Executive Order allowing for that “secret” designation.

In order to obtain information with respect to the scope and duration of the FBI’s Sensitive Informant Program, Plaintiff has moved to conduct limited discovery consisting of just eleven (11) Interrogatories, the answers to which will document the unconstitutionality of the FBI’s Sensitive Informant Program, thereby allowing Plaintiff to challenge the FBI’s assertion of FOIA exemptions to conceal and/or withhold the Manual from Plaintiff and the American public, and the Court to determine the validity/applicability of those exemptions to the Manual. The FBI, however, vehemently opposes that Motion.

Of course, there is a lot more to the case, but Trentadue’s approach, summed up under the “ISSUE” section of the motion and shared below, seems brilliant to this non-lawyer:

The issue in this case is not the adequacy of the FBI’s search for the Manual. The FBI found the Manual. The issue for the Court to decide is (1) whether the FOIA exemptions advanced by the FBI for withholding portions of the Manual apply and (2), even if they do apply, can those exemptions be lawfully asserted to conceal FBI activities that clearly subvert the Constitution? Furthermore, this issue cannot and should not be decided without the discovery that Plaintiff is seeking to obtain through his Motion to Conduct Limited Discovery.

During an email exchange late Friday, Trentadue used layman’s terms to boil the matter down to one key issue.

“The FBI argues that the discovery (he) seeks would be futile since ‘illegal’ activity by the federal government is shielded from disclosure under FOIA if covered by an exemption,” he explained.

He went on to question how the FBI can, in good faith, claim that a national security exemption allows the Bureau to declare its unconstitutional domestic spying program “secret” and, in turn, allows them to keep their illegal activities hidden from the public.

“It is an absurd — no, arrogant — position for the FBI to take,” he said.

Stay tuned for details about how this case turns out.  Also, be sure to read earlier articles in my series, UNTOLD STORIES of the OKLAHOMA CITY BOMBING.

"Three Days In August" by Bob McCarty BobHeadshotSmall NewBookCover LR 2-17-2013

Bob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, THE CLAPPER MEMO, is coming soon.

Someone Doesn’t Want Me to Publish This Book?

A fellow nonfiction author, whose name I will not share for security reasons, tackles subjects that certain elements within the federal government consider “taboo.” Kinda like me. Almost four years ago, she warned me about what had happened to her — while working on a book that went on to become a New York Times best seller, that is — and said it might happen to me. Now, it seems, maybe she was right.

NewBookCover LR 2-17-2013Only four days after I revealed the new cover design for my second nonfiction book, THE CLAPPER MEMO, both of the word processing programs I use to write my manuscripts crashed and would not reopen.

It’s not as if I didn’t pay attention to my fellow author’s warning. In fact, I made it a point to disconnect my computer from the internet every time I was working on my manuscript. Well, almost every time. Dang it!

What is it in my next book that some would rather not see made public? Some hints:

• In THE CLAPPER MEMO, I’ll share details of a 40-year technological turf war involving many players. Inside the Pentagon. At some of the nation’s top universities. In places like Afghanistan, Iraq, Guantanamo Bay and Mexico. And in local and state police jurisdictions across the United States.

• In THE CLAPPER MEMO, I’ll share never-before-published documents and insider details obtained from the very people who interrogated detainees at Guantanamo Bay and from the very people who interrogated members of Saddam Hussein’s “Deck of Cards.”

• In THE CLAPPER MEMO, I’ll connect the dots between three memos — including one signed in 2007 by James R. Clapper Jr. — and the “Green-on-Blue” attacks (a.k.a., “insider attacks”) by so-called “allies” in Afghanistan against their U.S. and coalition colleagues.

• After four years of work on THE CLAPPER MEMO, I found all roads lead back to the technological turf war and to the memo signed by Clapper — then serving as Undersecretary of Defense for Intelligence, now serving as Director of National Intelligence, our nation’s highest intelligence official.

Do I have any evidence that my system has been infiltrated? No. According to some in the military and intelligence communities who’ve assisted me in gathering information that will appear in THE CLAPPER MEMO, it’s unlikely I’ll ever find any.

Thankfully, I do have backup copies of my manuscript and other computers on which to work.

"Three Days In August" Promotional PhotoWhile you wait for the release of THE CLAPPER MEMO, be sure to read my first nonfiction book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice. It’s available in paperback and ebook via most online booksellers, including Amazon.com.

Is Army Protecting Someone in Officer’s Chain of Command?

Despite having written dozens of pieces during the past four years about the conviction of Army Ranger 1st Lt. Michael Behenna, I only recently came to realize he is a victim of a colossal failure of Army leadership.  On July 19, I set out to find out who’s to blame.

Six days after members of the Court of Appeals of the Armed Forces upheld the conviction that landed Behenna in prison for 15 years, I filed two Freedom of Information Act requests with the U.S. Army as my first step toward finding answers.

In one request, I asked for “Copies of any and all investigation-related reports prepared by Army Criminal Investigation Division (CID) and any other U.S. Government agencies on and/or after 16 May 2008 as part of the investigation into the shooting death of an Iraqi citizen, Ali Mansur, by Michael Behenna, who is now serving a 15-year sentence at the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kansas.

I was informed via electronic letter the same day that my request had been forwarded to the Army’s Criminal Investigation Command (USACIDC) in Quantico, Va., for disposition.

Twenty-six days later, I received a packet in the mail from Susan Cugler, director of the USACIDC Crime Records Center.  Inside was a two-page cover letter and 22 heavily-redacted pages representing a fraction of the estimated 874 pages of the Report of Investigation (ROI).

Noteworthy in the Cugler’s response was the fact that three of the pages received indicated that USACIDC is not the release authority for 4 pages contained in the ROI and that I’d have to seek copies of them from the U.S. Army Judiciary Clerk of the Court at Fort Belvoir.  In addition, six other pages were “not reasonably segregable” and, therefore, could not be provided.

In the other FOIA request, I asked for Copies of any and all U.S. Government, U.S. Department of Defense and U.S. Army, communications — print, broadcast and electronic — related to the U.S. ARMY 15-6 INVESTIGATION REPORT prepared as part of the investigation” of the deadly incident.

Via electronic letter the same day, I learned my request had been forwarded from the Army’s FOIA Office at Fort Belvoir, Va., to the FOIA office at Fort Campbell, Ky.  Fort Campbell is home to the Army’s 101st Airborne Infantry Division, parent command of the 1st Battalion, 327th Infantry Regiment to which Behenna’s 18-member Delta Company, 5th Platoon belonged.

Twenty-nine days later, I received a letter from Valerie M. Florez, Freedom of Information and Privacy Act Officer at Fort Campbell.  Noteworthy in her response, dated Aug. 16, 2012, was the following statement:

This headquarters has conducted a thorough search for the records you described and the search revealed that there were no records responsive to your request.

No records?  Incredible!

Also noteworthy — and a bit confusing — was the fact that the request has been forwarded to the Pentagon for review as explained below:

Your request was referred to the Office of the Judge Advocate General, for a required legal review and release determination.  In accordance with regulatory policy, your request, along with the No Record certifications, has been forwarded to the Initial Denial Authority listed below for a final review and release determination.  You will be provided a direct response from that agency once the review has been completed.

It remains to be seen whether the Pentagon will provide more info.

While I realize Army officials cannot allow junior officers to get away with willfully disobeying lawful orders, I also realize someone in Lieutenant Behenna’s chain of command dropped the ball when he ordered the then-24-year-old officer to escort Mansur back to his hometown.

Why?

Because the Iraqi policeman was a prime suspect in an improvised explosive device attack two weeks earlier that had killed two members of Behenna’s platoon.  But that’s not all!

When Mansur was in custody and being questioned about his terror activities, four different Army intelligence officers reportedly failed to ask the Iraqi about the IED attack, about a threatening phone call he allegedly made to Behenna, about another attempted attack months earlier, and about several trips he had made to Syria.

Knowing these details, it’s extremely difficult to fault Behenna for wanting to find out the truth about what happened to his men.  At the same time, however, it’s difficult watching as Army leaders “circle the wagons” to protect the person who issued the order to Behenna.

More to come.

Bob McCarty is the author of “Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice,” a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, “The CLAPPER MEMO,” is set for release this fall.

Quest for Army Handbook on ‘Green-on-Blue’ Attacks in Afghanistan Ends After 126 Days

One day after publishing startling news about Pentagon efforts to keep information about the so-called “green-on-blue” attacks in Afghanistan out of public view, I received an electronic letter from James P. Hogan, chief of the Defense Freedom of Information Policy Office. In short, Hogan told me I must jump through another “hoop” before one of his staffers can make a determination about a Freedom of Information Act request I filed April 10. After 126 days of trying to obtain a copy of the handbook through official channels, I said, “That’s enough!”

Bearing today’s date, Hogan’s letter arrived as an attachment to an email message and stands as the latest communiqué among dozens related to my request for a copy of the unclassified Army handbook, “Inside the Wire Threat — Afghanistan.” I became interested in the handbook after it was mentioned by Gen. John Allen, commander of the International Security Assistance Force (i.e., U.S. and NATO forces) in Afghanistan, during his March 22 Senate Armed Services Committee testimony on the subject of the attacks by members of the Afghan National Security Force and others masquerading as such that have left dozens of American and coalition troops dead and wounded during the past five years.

Despite the fact that I had already indicated to Army and DoD officials that a redacted version of the document, erased of all sensitive content, will satisfy my FOIA request, Hogan explained in his letter — the text of which appears below — the details of yet another “hoop” through which he wants me to “jump”:

Dear Mr. McCarty:

This is concerning your April 10, 2012, Freedom of Information Act (FOIA) request, addressed to the Department of the Army for a copy of the handbook entitled, “Inside the Wire Threats — Afghanistan.”

The U.S. Army Training and Doctrine Command (TRADOC) located the document responsive to your request and upon review of the document determined that portions may be exempt from public disclosure pursuant to Exemption 3 of the FOIA. This exemption protects information prohibited from disclosure by another federal statute. In this instance, 10 U.S.C. § 130e, which protects DoD Critical Infrastructure Security Information (CISI), may apply to the document you requested. I have provided a copy of the statute for your review.

In accordance with 10 U.S.C. § 130e, the Secretary of Defense has delegated the authority to exempt CISI to the Director of Administration and Management (DA&M), Mr. Michael L. Rhodes. As my office is responsible for the review of 10 U.S.C. § 130e actions, TRADOC forwarded your request and the document to us for processing and a final determination by the DA&M.

Section (a)(2) of 10 U.S.C. § 130e requires the DA&M to determine that “the public interest consideration in the disclosure of such information does not outweigh preventing the disclosure of such information” when making the decision to exempt CISI. Accordingly, we are giving you the opportunity to provide the DA&M with information detailing the public interest in the disclosure of the requested information. Any documentation that you wish to provide the DA&M in making his decision should be received in this office by August 31, 2012, and can be sent by email to dfoipo@whs.mil. If we do not receive this documentation by that date, the DA&M will make his decision regarding release of document without your input.

Section (e) of 10 U.S.C. § 130e requires the DA&M to make his exemption determinations and the basis for those determinations available to the public. Because your correspondence to the DA&M is part of the basis of his determination, it will be posted online if he determines the requested information to be exempt from public release.

Please include case number 12FEX130E-004 on all future correspondence involving this matter. If you have questions or concerns, please do not hesitate to contact this office at 571-372-0462 or by email at dfoipo@whs.mil.

NewBookCover LR 2-17-2013After receiving Hogan’s letter and before posting this article, I informed the DoD official that I wanted to withdraw my FOIA request and, in so doing, relieve him and his colleagues of the need to issue a determination on the release of the controversial handbook.

Why on earth would I do that?

I’ll answer that question and many others in my upcoming book, THE CLAPPER MEMO, set for release this fall.

Bob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com.

DoD Takes Over Effort to Keep Unclassified Report Under Wraps

The number of American troops killed and wounded in so-called “green-on-blue” attacks in Afghanistan is rising, and Department of Defense officials appear to be doing everything possible to keep details about the attacks under wraps.

Five months ago, I learned Marine Corps Gen. John Allen, commander of the International Security Assistance Force (i.e., U.S. and NATO forces) in Afghanistan, had testified before the Senate Armed Services Committee March 22 on the subject of the attacks on American and coalition forces by members of the Afghan National Security Force and others masquerading as such.  During his testimony, he mentioned an unclassified Army handbook, “Inside the Wire Threat — Afghanistan.”

On April 10, I used the Freedom of Information Act to request a copy of the handbook from officials at the Centers for Army Lessons Learned at Fort Leavenworth, Kan., who published it.

Per federal law, I expected to wait 20 days for a determination by Army officials as to whether they would release the document to me.  At worst, I figured the Army might cite “extenuating circumstances” that allow them to delay their response by an extra 10 days.  But I was wrong.

Despite exchanging dozens of messages via phone and email with Army officials and despite altering my request by requesting it be expedited and/or redacted as necessary, my FOIA request languished without a determination.

On July 25, I received a message from Anastasia Kakel at the Army’s Training and Doctrine Command at Fort Eustis, Va.  She confirmed she had received my FOIA packet from officials at Fort Leavenworth.  Further, the records administrator explained that she anticipated the process to take another two weeks.

On Aug. 7, I received more news about the status of my FOIA request from Kakel.  In short, she explained that she expected to receive the legal review “in the next few days and then anticipate processing it to DOD FOIA Office for their review.”  Most disturbing, however, was that she added the following statement to her message:  “At this time, I can’t estimate how long it will take, as this is the first time we are processing a FOIA request this way.”

Apparently, my FOIA request is setting some sort of a precedent and has now languished for 125 days.

Following a week during which eight Americans, including Command Sgt. Maj. Kevin J. Griffin, the Army’s most-senior enlisted soldier, were killed in green-on-blue attacks, I expect DoD officials will keep me in limbo, waiting for a copy of the handbook.  They cannot, however, make me wait any longer for a copy of another report I obtained recently.

“A CRISIS OF TRUST AND CULTURAL INCOMPATIBILITY” is the title of an unclassified report by behavioral scientist Jeffrey Bordin, Ph.D.

Published May 12, 2011, the ISAF-commissioned report counted 39 ISAF members — including 32 Americans — as having been murdered during a 10-month period from mid-July 2010 to mid-May 2011.

This averages one murdered ISAF member every week over the last 10 months; one every 6 days over the last six months (30-40% of all small arms caused KIA), Bordin wrote in the last paragraph of page 4 of the report.

Of note, Bordin added later in the paragraph that continued to page 5, during the last six month period (November, 2010 through April, 2011) Westerners stationed within Afghanistan’s N2KL region (Nangarhar, Nuristan, Kunar and Laghman provinces) who regularly interact and/or train with ANSF’s have been over 150 times more likely to be murdered by an ANSF member than a U.S. police officer is to be murdered in the line of duty by any perpetrator (see Appendix B, pg. 59 for calculation); this excludes the additional risks associated with regular combat for these coalition personnel.

Most damning in Bordin’s report, however, is a lengthy paragraph on page 5 that follows some discussion about green-on-blue fratricide being a part of Afghan history.  It begins this way:

…the common refrain from many ISAF political and military officials has been that such murder incidents between ANSF and ISAF are “isolated” and “extremely rare.”  Such proclamations seem disingenuous, if not profoundly intellectually dishonest.  Also, the common assumptions widely espoused after each murder event are that the ANSF perpetrator was an insurgent infiltrator, was psychologically unbalanced, or was a rare radical Islamist extremist among the ANSF.  Ironically, while the international community is alarmed about the prospects of Islamic terror and its effect, ISAF has largely refused to acknowledge the ongoing threat stemming from our ANSF allies, nor devoted resources to conduct scholarly social atmospherics research on the actual reasons and motivations of the perpetrators.  Such volitional cognitive dissonance perpetrates an ongoing blindness towards acknowledging this murder problem, determining the causes, and identifying counter-measures to deter such tragedies.  However, as reflected in the murder chronology and statistics outlined above, such lethal altercations are clearly not rare or isolated; they reflect a rapidly growing systemic homicide threat (a magnitude of which may be unprecedented between ‘allies’ in modern military history).  They have also provoked a crisis of confidence and trust among many ISAF soldiers and civilians ‘partnering’ with ANSF personnel, adversely effecting ANSF training and operations.

The most-obvious solution to preventing — or, at a minimum, greatly reducing — the number of green-on-blue attacks is improved vetting of the Afghans with whom U.S. and other coalition forces find themselves working side by side.  After all, if you cannot trust your “ally,” who can you trust?

When asked via email April 4 about the process via which ANSF members are being vetted prior to working alongside U.S. and NATO forces, LTC Jimmie E. Cummings replied as follows:

“ISAF or U.S. are not responsible for vetting Afghans for either the Afghan National Army or Police. The Afghans use a 8-step process in vetting their candidates.”

An ISAF public affairs officer, Colonel Cummings went on to refer me and my questions about the ANSF vetting process to Sediq Sediqqi, a spokesperson for the Afghan Ministry of Interior. Unfortunately, Sediqqi acknowledged receipt of my questions via email but has yet to reply with answers despite repeated followup attempts.  As a result, I was forced to rely upon a NATO Media Backgrounder, dated March 2011, for details of the ANSF vetting process. Highlighting ANSF’s eight-step vetting process, an excerpt from that paper appears below:

Recruitment is now following an 8-step vetting process. Upon signing the enlistment contract agreement, the recruit must get two individuals (village elder, Mullah, or other local government representative) to sign and vouch for the recruit. These individuals are held responsible if any discrepancy in the contract is found. The recruit’s paperwork and government ID is reviewed and basic biometric information (retinal scan, fingerprints, height, age, and weight) is collected, added to the recruit’s personnel file and accompanies the recruit to training. The biometric data is then checked to see if the individual has any known criminal or insurgent links. Approximately 6% of applicants are screened out for either drug use or medical conditions.

Following a “green-on-blue” attack July 3 that left five U.S. troops in Afghanistan wounded, another ISAF spokesperson, Lt. Cmdr. Brian Badura, was quick to put an official “spin” on the incident.  At the same time, however, he appeared to reveal that ISAF officials had recently changed their approach and were getting more involved in efforts to stop these attacks.

Commander Badura, according to a July 4 article in Stars and Stripes, said the number of attacks against U.S. and NATO troops by members of the ANSF is low relative to the number of Afghan troops and police working with ISAF forces.  Evidence of a change in the approach to combating the attacks appeared in the article’s fifth paragraph:

“First and foremost, ISAF is getting together with our Afghan National Security Partners on the vetting and process they use,” he said, adding, “What we’re trying to do is make sure that any of the mitigation does not damage the trust we’ve built between the (Afghan National Security Forces) and coalition units.”

Notice the active verb, is, was used twice in that paragraph.

Via email soon after the article was published, I asked Colonel Cummings to describe what is taking place during this “getting together” process and who is involved on the U.S. forces side of the table.  In addition, I asked him when the “getting together” process began, if a timeline for completing the process had been established and if, to date, the process had resulted in any changes to the vetting process.

“We (ISAF) have today, just as we discussed back in April, advise the Afghan National Security Forces (ANSF) in assisting them to develop improvements to the overall vetting and recruitment process for the ANSF,” Colonel Cummings replied.  “The 8-step vetting process, which we have discussed in the past, is the result of our advising on this issue.  Just like everything else that we (ISAF) advise on in Afghanistan, it is an ongoing and continuous process.  We continually advise our Afghan partners on ways to improve processes.  Again, the Afghans have the lead and are responsible for vetting their recruits into their security forces.”

I suspect DoD officials are hesitant to release the handbook, “Inside the Wire Threat — Afghanistan,” because the For-Official-Use-Only document exposes the fact that the vetting process falls far short of what’s necessary to ensure some sense of security among U.S. forces in country and it exposes the fact that ISAF officials have largely ignored Bordin’s year-old findings, possibly under orders from President Barack Obama.

In my upcoming second nonfiction book, THE CLAPPER MEMO, I’ll explore this subject in much more detail.  Most importantly, I’ll connect the dots between a 2007 memo signed by then-Undersecretary of Defense James R. Clapper Jr. and the dozens of green-on-blue attacks in Afghanistan during the five years that followed and since he was named our nation’s top intelligence official, the Director of National Intelligence.

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Bob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, THE CLAPPER MEMO, is set for release this fall.

Army Forwards FOIA Request to DoD After Stalling for 120 Days

ONE-HUNDRED-TWENTY DAYS after U.S. Army officials received the Freedom of Information Act request in which I asked for a copy of an unclassified Army handbook, “Inside The Wire Threats — Afghanistan,” those same officials have told me my wait isn’t over just yet.

Published by the Centers for Army Lessons Learned at Fort Leavenworth, Kan., the handbook came to my attention after it was mentioned by Gen. John Allen, commander of U.S. and NATO forces in Afghanistan, during his March 22 Senate Armed Services Committee testimony.  That testimony was focused on the “green-on-blue” attacks that have resulted in dozens of Americans being killed or wounded by their so-called “allies” in the Afghan National Security Force during the past five years.  In fact, one soldier was killed and two were wounded, according to news reports like this one, when two gunmen wearing Afghan army uniforms opened fire on them Tuesday.

In an email message Tuesday afternoon, Anastasia Kakel apologized for underestimating the time frame for processing my request and blamed the delay on “required processing outside of my office.”

The records administrator at the Army’s Training and Doctrine Command at Fort Eustis, Va., Kakel went on to explain that she expects to receive the legal review “in the next few days and then anticipate processing it to DOD FOIA Office for their review.”

After explaining some of the logistical issues related to processing the request, Kakel wrote, “At this time, I can’t estimate how long it will take, as this is the first time we are processing a FOIA request this way.”

Combined with what I reported in a post July 18 (i.e., that a source within the Army FOIA community told me that my wait for a determination ranks among the longest imposed on anyone by Army officials during the past three years), the news about my request attaining “first time” status leaves me wondering several things:

Why are Army officials — and, possibly, DoD officials — so uncomfortable with the prospect of the handbook’s content becoming public?

Does the handbook contain information that, if made public, will result in U.S. troops being placed at higher risk of attack as they serve their country in Afghanistan? or

Does it simply contain information that will result in someone being embarrassed or shamed by its release?

Stay tuned for answers in future reports.

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Bob McCarty is the author of Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice, a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, THE CLAPPER MEMO, is set for release this fall.