Feds Drop Case Against Accused Iraqi Agent
“The Government has determined that continued prosecution of this case
as to LINDAUER would not be in the interests of justice.”*
(Jan. 16, Wash. DC) The Department of
Justice entered a motion to drop all charges against Susan
Lindauer yesterday morning, Jan. 15, 2009. The filing (see
below) at the federal district court in lower Manhattan ends
the government’s attempt to prosecute her for allegedly
acting as an “unregistered agent” for Iraq. Since her
arrest in early 2004, she has repeatedly asked for a trial
to present evidence that she had been a United States
intelligence asset since the early 1990′s.
By filing this order, the government surrendered forever its ability to prosecute
Lindauer as an “Iraqi foreign agent” and for lesser charges contained in the
indictment, including a one week trip to Baghdad in March, 2002.
Lindauer made the
following statement today, Jan 16, 2009: “I am disgusted by
this case. They think that they have defeated me by denying
my day in court. It could not be more wrong. If we can’t
have a criminal trial, we’re going to have a civil trial for
Lindauer was arrested in March, 2004 shortly
after offering to testify before a Bush appointed href="http://edition.cnn.com/2004/ALLPOLITICS/03/15/iraq.tm/"
target="_blank">blue ribbon commission evaluating U.S.
pre-war intelligence on Iraq. In late February, she
informed the offices of two commission members, Sen. McCain
(R-AZ) and Trent Lott (R-MS), that she could testify that
U.S. pre-war intelligence was proactive and effective, not a
popular view at that time.
Lindauer has adamantly
maintained her innocence of all charges since her arrest.
In addition to the “unregistered agent” charge, the
government alleged that she had taken an unauthorized trip
to Baghdad, and attended meetings with Iraqi intelligence
agents at the Iraqi Embassy at the United Nations. Lindauer
planned an aggressive defense with evidence that showed both
government knowledge and authorization of her activities
plus a history of activity on behalf of U.S.
Lindauer offered an
target="_blank">affidavit concerning the href="http://findarticles.com/p/articles/mi_qn4156/is_20000528/ai_n13949725"
target="_blank">Lockerbie bombing in 1998. Her
statement was based on her discussions with Dr. Richard
Fuisz, whom she named as her CIA handler. href="http://www.meib.org/articles/0007_me2.htm"
target="_blank">Dr. Fuisz was said to be “a major
operative in the Middle East in the 1980s.” Since then the
target="_blank">Criminal Cases Justice Commission has
since uncovered irregularities in the evidence against the
two Libyans convicted of the bombing of Pan Am flight 103
over Lockerbie, Scotland.
The initial indictment
charged Lindauer with trying to influence United States
policy by sending href="http://img.scoop.co.nz/media/pdfs/0710/LindauerToCardLetterJan2003.pdf"
target="_blank">this letter to her second cousin, then
Bush chief of staff href="http://www.prwatch.org/prwissues/2002Q4/war.html"
target="_blank">Andrew Card. From 2000 until her arrest
in 2003, Lindauer provided Card with 11 letters detailing
the progress of talks to resume the U.N. weapons inspections
and anti terrorist cooperation offered with the United
States by Iraq. The last of this series of letters to Card
was the sole basis of the charge that Lindauer attempted to
influence U.S. government policies, while acting as an
“unregistered agent” for pre war Iraq.
The Card letter
was the “high water mark” of the government’s charge of
acting as a foreign agent according to former chief judge of
the Southern District, Manhattan federal court, now Attorney
General, Michael B. Mukasey. In that letter, Lindauer urged
the Bush administration to stop plans to invade Iraq and to
seek engagement through negotiation. Lindauer wrote that
U.S. soldiers would face stiff opposition based on Iraqi
hostility resulting from a lethal href="http://www.casi.org.uk/info/garfield/dr-garfield.html"
target="_blank">ten year embargo and daily bombing
during the 1990′s.
She also advised Card that an
invasion would create a new wave of terrorists threatening
the security of the United States. This letter was hand
delivered to Card with a copy, also hand delivered, provided
to then Secretary of State Colin Powell.
“Above all, you
must realize that if you go ahead with this invasion, Osama
bin Laden will triumph, rising from his grave or seclusion.
His network will be swollen with fresh recruits, and other
charismatic individuals will seek to build upon his model,
multiplying those networks. And the United States will have
delivered the death blow to itself. Using your own act of
war, Osama and his cohort will irrevocably divide the hearts
and minds of the Arab Street from moderate governments in
Islamic countries that have been holding back the tide.
Power to the people, what we call “democracy,” will
secure the rise of fundamentalists.” href="http://img.scoop.co.nz/media/pdfs/0710/LindauerToCardLetterJan2003.pdf"
target="_blank">Susan Lindauer to Andrew Card, January 6,
Lindauer has consistently maintained
that she had been acting as a United States intelligence
asset from the mid 1990′s until the invasion, supervised by
handlers for the CIA and Defense Intelligence Agency.
the only open hearing on the case, award winning
investigative reporter and former Congressional chief of
target="_blank">Kelly O’Meara, testified that she
observed Lindauer meeting with href="http://www.spartacus.schoolnet.co.uk/JFKhovenP.htm"
target="_blank">Paul Hoven on a weekly basis over a
period of 16 months. Lindauer maintains that Hoven was her
second handler for the Defense Intelligence Agency.
Investigative reporter Leslie Cockburn wrote that Hoven had
“an enormous range of contacts in the murky world of special
- i.e., clandestine – operations.”
At the same hearing,
target="_blank">Parke Godfrey, PhD, an associate
professor of computer science at York University, Toronto,
testified that Lindauer had warned him on several occasions
that a major attack would take place in Southern Manhattan
in the fall of 2001. Dr. Godfrey claimed her warnings
specified that the attack would most likely involve airplane
hijackings and a reprise of the 1993 World Trade Center
attack. She came to this conclusion based on work she
describes with Richard Fuisz.
The Department of Justice
argued that Lindauer was “delusional” for claiming a role as
a U.S. asset. Lindauer described this as “guilt by pleading
innocent.” In October, 2005, former Judge Mukasey ordered
Lindauer to a federal prison facility at Carswell Air Force
Base in Ft. Worth Texas for psychiatric evaluation to see if
she would be competent to stand trial. Lindauer was confined
for seven months, and then formally declared incompetent
without a hearing, over her strongest objections. The
allowable period for such evaluations is four months
according to U.S. Federal Code.
acknowledged that there were no external symptoms of mental
illness. However, they proposed that Lindauer should be
detained indefinitely and drugged with Haldol until whatever
time she could be “cured” of claiming that she had worked as
a U.S. asset in counter-terrorism. Lindauer refused, and a
lengthy court battle ensued. She was transferred to
Metropolitan Correctional Center in Manhattan.
months confinement in Manhattan, former Assistant U.S.
Attorney target="_blank">Edward O’Callaghan sought an order from
Mukasey to incarcerate her for another four months and the
use physical force to administer doses of Haldol or similar
medications. This was despite an internal staff href="http://www.scoop.co.nz/stories/HL0809/S00157.htm"
target="_blank">report by Carswell that there was no
reason to justify forcible drugging since Lindauer was not a
threat to herself or anyone else. Mukasey denied the
prosecution request and ordered Lindauer to be released on
bond on June 6, 2006.
Lindauer hired former prosecutor and
Washington DC criminal attorney href="http://www.avvo.com/attorneys/20001-dc-brian-shaughnessy-664262.html"
target="_blank">Brian W. Shaughnessy as counsel in mid
2008. Shaughnessy filed a motion to overturn the
governments finding that she was incompetent to stand trial.
Shaughnessy argued that Lindauer’s record of doing well on
her own before and after her arrest and her direct
involvement in her defense made the government’s continual
claim of an inability to stand trial moot.
appointee, Judge Loretta Preska ruled to uphold the
government’s position on Lindauer’s competence on Sept. 15,
2009. Preska had been href="http://www.whitehouse.gov/infocus/judicialnominees/preska.html"
target="_blank">nominated for the federal appellate
bench on Sept. 9, 2009.
Just a few weeks after Dr. Godfrey
testified about Lindauer’s warnings on the 9/11 attack,
Assistant U.S. Attorney href="http://www.newsweek.com/id/159260"
target="_blank">Edward O’Callaghan left the District
Attorney’s office to join the McCain presidential campaign.
He began assisting Sarah Palin’s legal team in Alaska. Dr.
Godfrey testified that he had told the FBI her claims were
truthful a full year before the Justice Department detained
her at Carswell.
Ms. Lindauer’s Attorney, Brian W.
Shaughnessy pointed out that he could find no other instance
where federal, state or local prosecutors have ever argued
for a defendant’s incompetence to stand trial over the
objections of the defendant and defendant’s Counsel, when
that defendant was a successfully functioning member of the
community and a full participant in her defense.
Lindauer lives in the DC metropolitan area where she is
rebuilding her career and undertaking some writing projects.
Previous “Scoop” coverage on USA v. Susan Lindauer:
target="_blank">American Cassandra: Susan Lindauer’s Story Michael Collins
17 October 2007
target="_blank">Bush Political Prisoner Gets her Day in Court Michael Collins
June 11, 2008
target="_blank">An Exclusive Interview with Bush Political Prisoner Susan Lindauer
Michael Collins June 2008
target="_blank">911 Predictions Revealed at Susan Lindauer Competency Hearing
Michael Collins June 17, 2004
target="_blank">Did Justice Order Forced Psychiatric Medication? Michael Collins,
Sept. 12, 2008.
target="_blank">American Kafka: Susan Lindauer Demands “The Trial” Michael Collins,
Oct. 4, 2008
Source URL: http://www.scoop.co.nz/stories/HL0901/S00210.htm