Can the FBI Be Trusted?

By David K. Shipler

            On a March weekend in 2004, senior fingerprint examiners were called urgently into work at the FBI crime lab in Quantico, Virginia. A print had come in from the Spanish National Police, found on a blue plastic bag of detonators discovered after ten bombs had blown up on trains in Madrid, killing 191 passengers and wounding more than 1,400. Under stress, the examiners hastily matched the print—erroneously—to Brandon Mayfield, an Oregon lawyer who had converted to Islam.

This case is worth recalling in light of the current uproar over Hillary Clinton’s emails, because it provides rare insight into the FBI’s capacity for circular reasoning and sloppy forensics—even downright intellectual dishonesty. Time and again over the years, Americans have seen that alongside the many fine FBI agents are lazy thinkers who filter evidence to suit their imagined theory of a crime, and who prejudge people based on religion and ethnicity.

The agency is less nefarious than under Director J. Edgar Hoover, when it launched covert operations against civil rights and antiwar activists, but it remains well below its mythical high standards. Given the rules-be-damned posture of its current director, James Comey, it needs to be watched closely.

Mayfield was arrested as a material witness, his reputation was shredded, his family was traumatized, and his law practice was severely damaged before he was cleared—not by the FBI but by the Spanish police, who kept insisting that the print was not a match at all. In the end, the FBI’s misdeeds cost taxpayers $2 million to settle Mayfield’s lawsuit.

Human Rights: Wiping Away the Smirk

By David K. Shipler

            It used to be sadly comical when Russia took a holier-than-thou posture on human rights. But the United States has fallen so far that Americans don’t get to smirk much anymore. In the recent tit-for-tat over rights abusers who are being declared unwelcome in each other’s countries, at least three of the former top U.S. officials fingered by the Russians are, in fact, true violators of basic liberties. They have been branded legitimately. In the aftermath of today’s bombings at the Boston Marathon, it is worth remembering how easy it is, in the face of such tragedy, to deviate from the rule of law.

            The three are David Addington, Vice President Dick Cheney’s legal counsel, who evaded the law and the Constitution to engineer torture and illegal surveillance; John Yoo, who wrote infamous memos for Bush’s Justice Department defining torture so narrowly as to give the CIA practically a free hand; and Geoffrey D. Miller, who as an army major general commanded both Guantanamo and Abu Ghraib prisons, where suspects were abused and humiliated, generating iconic photographs.

            They are among the eighteen Americans listed by Russia.