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Trial looms as judge denies FBI request to keep 9/11 records secret for privacy reasons

By Dan Christensen, FloridaBulldog.org 

New York World Trade Center’s North Tower ablaze on Sept. 11, 2001

In a ruling that could lead to the release of significant new information about 9/11, including details about who funded the al Qaeda terrorist attacks, a Miami federal judge has rejected FBI assertions that many records should be kept secret due to privacy considerations.

At the same time, U.S. District Court Judge Cecilia Altonaga granted summary judgment in the FBI’s favor regarding more than 1,000 pages of classified records it withheld from public view citing national security and other exemptions to the Freedom of Information Act (FOIA). Those records, about which little is known, will remain secret.

A trial could be needed to resolve outstanding issues in the case, the judge said.

Florida Bulldog’s parent, Broward Bulldog Inc., sued the FBI last June seeking records of the 9/11 Review Commission kept by the FBI. The commission, whose most prominent member was Reagan-era Attorney General Ed Meese, was authorized by Congress to take an “external” look at the FBI’s post-9/11 performance and to evaluate new evidence. Instead, Meese and two other members were chosen, paid and spoon-fed information by the FBI.

Among other things, Judge Altonaga analyzed the legality of FBI redactions in 28 partially declassified documents that were disputed by the Bulldog’s attorneys. Again and again, she declared as “unconvincing” FBI arguments asserting a need to veil the names of agents, suspects and others for privacy reasons – specifically citing FOIA Exemptions 6 and 7(c).

“Release of this information could further the public interest in learning about the September 11 attacks and may outweigh any privacy interest individuals mentioned in the document may have,” she wrote. You can read her order here.

Miami attorney Thomas Julin represents Florida Bulldog. “The FBI must stop being so secretive about the events of 9/11,” he said. “Excessive assertion of privacy is harming national security. The next FBI director should put a stop to this.”

Here’s what the judge had to say about numerous privacy deletions made to an Oct. 5, 2012 FBI memo about an active but previously unknown investigation by New York authorities, who were actively looking to indict an unidentified suspect with providing material support for the 9/11 hijackers:

‘Significant public interest’

“Plaintiffs have identified the significant public interest in information about who may have been involved in the September 11 attacks…Given the significant public interest in learning about possible suspects involved in the attacks, the FBI has not met its burden of showing Exemptions 6 and 7(c) apply to the selectively redacted names.”

The October 2012 document was also censored for national security and other reasons. Those redactions were upheld by Altonaga and will not be made public. Also not to be released: draft copies of the 9/11 Review Commission’s final report, which was released in March 2015.

The title page of the 9/11 Review Commission’s 2015 report.

Other partially-declassified FBI documents similarly appear to be chock full of deleted information about September 11th that Judge Altonaga determined is being improperly withheld from the public.

Among the most compelling is a PowerPoint presentation given to the 9/11 Review Commission on April 25, 2014 in a closed meeting. The title of the PowerPoint was “Overview of 9/11 Investigation,” and court papers say it “covers the hijackers, where they attended flight school, how they adapted to Western life and blended in, and known co-conspirators.”

The PowerPoint pages that Judge Altonaga now has identified as being improperly blanked out include these topics:

  • “Funding of the 9/11 Attacks” and “Early to Mid-2001 Additional Funding.” Two pages.
  • “KSM Non-Immigrant Visa Application.” KSM is Khalid Sheikh Mohammed, the Guantanamo detainee identified by the 9/11 Commission as “the principal architect of the 9/11 attacks.”
  • “Early to Mid-2000: Pilots/Intended Pilots Arrive U.S.’’
  • “Investigative Findings” regarding hijacker “Identification” and “Financial. Ample Financing was provided.”
  • “Early to Mid-2001: Non-Pilots Arrive U.S.”
  • “July – August 2001: Knife purchases”
  • “August 2001: Reserving 9/11 Tickets”
  • “Al-Hawsawi Credit Card Statement Supplemental Card Activity.” Like KSM, Mustafa al-Hawsawi is one of 17 “high-value” Guantanamo detainees. The Department of Defense says he was a “senior” al Qaeda member who helped facilitate “the movement and funding of 9/11 hijackers to the U.S.”
  • “Standard Chartered Bank KSM Supplemental Visa Application.”
  • “Ongoing Investigation.” Four pages.

Questions about who bankrolled the 9/11 attacks are at the heart of massive litigation in New York against principal defendants, the Kingdom of Saudi Arabia and the Saudi High Commission for Relief of Bosnia & Herzegovina. The consolidated lawsuits were brought by relatives of the nearly 3,000 people who died in the attacks, survivors and businesses that suffered property damage.

A future king’s involvement

Before he was crowned in 2015, King Salman “actively directed” the Saudi High Commission, an official charity whose funding was “especially important to al Qaeda acquiring the strike capabilities used to launch attacks in the U.S.,” according to court papers filed last year by lawyers for the 9/11victims and their families.

The Freedom of Information Act requires the FBI to conduct an adequate search for records that is “reasonably calculated to uncover all relevant (requested) documents.” Florida Bulldog attorney Julin argued, however, that the FBI’s search of 9/11 Review Commission records was inadequate and had intentionally concealed records that appear to remain missing. But Altonaga decided the government had met its burden of showing the search was “adequate and reasonable.”

Saudi King Salman presenting President Trump the Order of Abdulaziz al-Saud medal on Saturday at the Saudi Royal Court in Riyadh. Photo: Al Arabiya English

Likewise, the judge ruled in the government’s favor regarding a dispute over whether the FBI should be required to produce documents in the case file of “the Sarasota family.” The FBI previously included those records among 80,000 pages of 9/11 records submitted in a parallel FOIA case pending before Fort Lauderdale U.S. District Judge William Zloch, who since 2014 has been evaluating those records for possible public release. The FBI will not be required to produce those records in the Miami FOIA case.

The “Sarasota family” refers to Saudi citizens Abdulaziz and Anoud al-Hijji and her parents, Esam and Deborah Ghazzawi. The al-Hijjis lived in an upscale home owned by the Ghazzawis in a gated community named Prestancia.

Neighbors called the police after 9/11 to report that the al-Hijjis had abruptly moved out of their home about two weeks before 9/11, leaving behind their cars, furniture and other personal belongings. The FBI opened an investigation that fall that an April 2002 FBI report says found “many connections” between the Sarasota Saudis and “individuals associated with the terrorist attacks on 9/11/2001.”

For reasons that remain unclear, however, the FBI never notified Congress or the 9/11 Commission about what happened in Sarasota, according to former Florida Sen. Bob Graham, who co-chaired Congress’s Joint Inquiry into the terrorist attacks.

Smoke rising after the crash of United 93 in Shanksville, Pa. on Sept. 11, 2001. Photo: Val McClatchey

Florida Bulldog, working with Irish author Anthony Summers, first reported about what happened in Sarasota a decade later in September 2011. A counterterrorism officer who spoke on condition of anonymity said agents found phone and gatehouse records that linked the al-Hijjis’ home on Escondito Circle to Mohamed Atta and Ziad Jarrah, who between June 2000 and January 2001 took flight training just 10 miles away at Venice Municipal Airport’s Huffman Aviation.

Atta was at the controls of the American Airlines passenger jet that crashed into the North Tower of the World Trade Center. Jarrah was the pilot who wrested control of United Airlines Flight 93, the jetliner that crashed into a Pennsylvania field after passengers rebelled against their hijackers.

After the Florida Bulldog story broke, the FBI confirmed that it had investigated, but said it found no ties to the 9/11 plot. It also said Congress had been told about its Sarasota investigation.

FBI tries to discredit own report

In April 2014, the FBI sought to discredit its April 2002 report during a private meeting with the 9/11 Review Commission. The FBI said then that the agent who wrote the report had no basis for doing so, but it did not elaborate or identify the agent. The assertion prompted Florida Bulldog to file a FOIA request for the commission’s files. After a year passed without a response from the bureau, the second FOIA lawsuit was filed.

Documents about that briefing include numerous sections withheld for privacy reasons that the judge said were improper. Several additional documents, including interviews with Florida witnesses who knew Atta and other hijackers, contain similar deletions about what went on in Sarasota prior to 9/11 that could be restored based on the judge’s findings.

One of those documents, titled “Alleged Sarasota Links to 9/11 Hijackers” has been released three times by the FBI, each time looking differently. The first release, in March 2013, was on stationery of the “Counterterrorism Division of the Guantanamo Detainee Prosecution Section, 9/11 Prosecution Unit.” The two-page memo, containing numerous privacy redactions, was written in response to the Bulldog’s initial story in September 2011 and says that “the FBI found no evidence that connected the family members” to the hijackers.

The FBI released the document again on Dec. 30, 2016. This time all mention of the Guantanamo 9/11 Prosecution Unit as the source of the memo was removed and more information that had been previously released was now deleted. In April, after the Bulldog’s attorney’s protested, the FBI released a third copy that restored some of the deleted information, but still removed mention of the Guantanamo 9/11 unit.

In her ruling last week, Judge Altonaga denied the FBI’s request for summary judgment “as to all redactions in this document.” Altonaga wrote “the court cannot fathom why the FBI would redact and claim a statutory exemption for information it has already released and which plaintiffs already possess.”

The FBI must now decide whether to make public the information for which summary judgment was denied or continue to oppose release.

Judge Altonaga’s order gives both sides until Thursday, May 25, to file a joint status report “advising how they wish to proceed to conclude the case, and if a trial is to be held, to propose a trial period.”

On Monday afternoon, the FBI requested an extension until June 2.

“The FBI is currently working to determine how to proceed with the information as to which the Court denied summary judgment, i.e., whether the information will be released to Plaintiffs or whether the agency must persist in defense of its claimed FOIA exemptions,” says the motion filed by Miami Assistant U.S. Attorney Carlos Raurell. “This process, which is already under way, requires not only the FBI’s own internal analysis, but also consultation with the Justice Department’s Civil Appellate Division and with at least one other government agency.”

Gov. Scott doesn’t let politics get in way of investing in firm that believes in climate change

By Dan Christensen, FloridaBulldog.org 

Gov. Rick Scott and First Lady Ann Scott Photo: CNN

When Rick Scott ran for governor in 2010, he told a reporter he wasn’t convinced that global warming was real. In 2015, the Scott Administration was reported to have told state employees to lay off using “climate change” and “global warming” in official communications.

Today, the governor’s office dodges questions about Scott’s position on the use of those terms, saying instead, “Governor Scott is focused on real solutions to protect our environment.”

Still, the ultra-wealthy Scott hasn’t let his politics get in the way of making money. Through First Lady Ann Scott, the governor has a substantial financial stake in a sizable mosquito control company that recently declared on its Facebook page that “mosquitos will only get worse thanks to #climatechange” and “#globalwarming.”

The company is Mosquito Control Services LLC, and it had a banner year in 2016.

The Scotts’ big bet on the Zika fighter MCS is via G. Scott Capital Partners, a Connecticut investment firm in which Ann Scott is a major investor. The firm is run by Gregory Scott, no relation to the governor, and two other men who worked for the governor’s old Naples-based private equity firm Richard L. Scott Investments (RLSI) – and obscured that connection by omitting it from their online biographies until after Florida Bulldog disclosed it three years ago.

Gregory Scott has described Ann Scott, an interior decorator and owner of AS Interiors LLC, as a “passive investor” in G. Scott Capital Partners.

Mosquito Control Services’ Facebook page from April 27, 2017

Florida Bulldog first reported on Gov. Scott’s indirect and undisclosed ownership interest in MCS last August. Scott’s office would not comment on Ann Scott’s ownership interest in MCS.

Scott Capital, as it’s known online, manages several private funds and “family accounts” for a handful of extremely wealthy clients. The firm thoroughly vets potential company investments before negotiating a purchase. Likewise, the firm monitors the performance of the companies it acquires. Its investment program “aims to generate high financial returns by making direct control investments in established, U.S.-headquartered lower middle market companies” like MCS.

Taking control

As of January 2017, Scott Capital was holding approximately $102 million of its client assets.

GSCP MCS LLC was formed in Delaware in August 2014 to recapitalize and take control of MCS, according to reports filed by Scott Capital with the Securities and Exchange Commission. In March 2016, the fund was valued at just under $10 million. Twelve months later, the fund’s reported value had risen nearly 28 percent to $12,715,853.

Mosquito Control Services is an insecticide spraying company that’s based in Louisiana but does business across the Gulf Coast, including Florida, according to its website. It boasts a spraying “fleet of Beechcraft King Air turbine-powered twin-engine aircraft” and says the company’s primary customers are municipalities. MCS does not do business with the State of Florida.

MCS manager Steven Pavlovich did not return a phone message seeking comment.

The scientific consensus is that global warming and climate change will bring damaging sea-level rise that will create new mosquito breeding grounds and likely hike infection rates for mosquito-borne diseases like Zika, malaria and West Nile virus.

Like the Scotts and their advisors, stock market analysts see investor opportunity in the pest control services market, particularly the mosquito control segment. One recent report by Future Market Insights forecast solid industry growth over the next decade citing a variety of reasons including “prevalent weather conditions supporting insect growth.”

MCS, through its Facebook post, made clear its belief that global warming and climate change are very real concerns. It also shared an April 20 New York Times Magazine article with the ominous title, “Why the Menace of Mosquitoes Will Only Get Worse – Climate change is altering the environment in ways that increase the potential for viruses like Zika.”

Mysterious Saudi businessman in 9/11 puzzle surfaces – online

By Dan Christensen, FloridaBulldog.org 

New York City, September 11, 2001

A mysterious figure at the center of the puzzle about an apparent Sarasota-area support network for 9/11 hijackers is a rich Saudi Arabian businessman with ties to the kingdom’s ruling House of Saud and international and American political leaders.

Esam Abbas Ghazzawi, son of a former Saudi ambassador, stepped from the shadows recently when he posted a website publicizing his extravagant design work for Saudi royalty and details about his background. He did not, however, respond to Florida Bulldog emailed requests for comment.

State records show that Ghazzawi, 66, and his American-born wife, Deborah, owned the home at 4224 Escondito Circle in Sarasota that became the focus of an FBI investigation after neighbors reported that its occupants — Ghazzawi’s daughter Anoud and his son-in-law Abdulaziz al-Hijji — had abruptly moved out and returned with Ghazzawi to Saudi Arabia about two weeks before the terrorist attacks – leaving behind their cars, clothes, furniture and other personal belongings.

Authorities later obtained security records from the gated community and determined that cars driven by 9/11 hijack leader Mohamed Atta and other terrorist figures visited the al-Hijjis’ residence. A heavily-censored April 2002 FBI report released to Florida Bulldog in 2013 amid ongoing Freedom of Information Act (FOIA) litigation says FBI agents found “many connections” to “individuals associated with the terrorist attacks on 9/11/2001.” The FBI, however, kept those findings secret from both Congress and the 9/11 Commission, according to former Florida Sen. Bob Graham, co-chair of Congress’s Joint Inquiry into the 9/11 attacks.

(The FBI disavowed its 2002 report in 2014, telling the 9/11 Review Commission that the agent who wrote it had no basis to do so. The FBI did not identify the agent or further explain the bizarre turn of events. FBI Director James Comey, fired Tuesday by President Trump, publicly mischaracterized the Review Commission as an independent body when in fact he chose its three members and the FBI paid them.)

A decade passed before the FBI’s Sarasota investigation became public when Florida Bulldog, working with Irish author Anthony Summers, reported it in September 2011. The FBI soon confirmed the existence of the investigation, but said it found no connection between the Saudi family and the 9/11 plot. Agents also said the Sarasota probe was reported to Congress.

The newly posted information shows that Ghazzawi is a commercial landscape and interior designer whose companies have handled multi-million dollar projects in Saudi Arabia. Until July 2001 he was also an advisor to Prince Fahd Bin Salman Abdul Aziz al-Saud (Prince Fahd), an ex-classmate and eldest son of King Salman, who died that month of heart failure.

Bush, Bhutto and John Major

His website, esamghazzawidesigns.com, features photographs of Ghazzawi’s luxurious designs that have “transformed homes into palaces.” Magazine articles from the early 2000s show him meeting world leaders, including former United Kingdom Prime Minister John Major, the late Pakistan Prime Minister Benazir Bhutto and ex-President George H.W. Bush. Bush signed his picture, “To Esam A. Ghazzawi Best Wishes, George Bush.”

Esam Ghazzawi shaking hands with George H.W. Bush in an undated photo signed by the former president. The photo was taken during one of Bush’s visits to Saudi Arabia, according to the Arab language magazine “The House”

An English-language article describes Ghazzawi as a father of five who graduated high school in Saudi Arabia and attended college in the U.S., obtaining a bachelor’s degree in 1975 from Chapman College in Orange, CA. “Mr. Ghazzawi maintains residences all over the world – the family’s primary residence (which is a sprawling beach house) is in Al Khobar, Saudi Arabia on the Arabian Gulf. (He) also has a large city penthouse in Riyadh and other secondary residences” in London, Sarasota and Arlington, VA, says the article in On Design magazine. 

Ghazzawi was described as providing turnkey design services “primarily for grand scale residential interiors within the Kingdom of Saudi Arabia.” His clients were said to be “well educated, well-traveled and very affluent. To date, most have been high-ranking government hierarchy in his home country.”

Ghazzawi, through his Esam Arabia Projects Est. and the Luxury Home Collection Ltd., boasted a “full-time staff” of architects, draftsmen, artists and CADD (computer-aided design and drafting) operators. “It is not unusual for Mr. Ghazzawi to have hundreds of workers on site at one time,” the article in On Design says.

An example is Esam Arabia’s 1998-2001work as the principal contractor on a $28-million landscape and lighting project to create a “paradise-setting” at Yamama Palace in Riyadh, the residence of Prince Abdul Azziz bin Fahd, son of then King Fahd. California-based Lee-Wolfe and Associates provided project management. Company co-owner Paul L. Wolfe said he knew Ghazzawi, but declined to be interviewed.

Former British Prime Minister John Major with Prince Fahd bin Salman, center, and Esam Ghazzawi in an undated photograph.

The FBI closely guards its files on Ghazzawi and has steadfastly refused to release even his name – except once in an apparent oversight while processing documents for release to Florida Bulldog.

The documents were a copy of a letter and a list of phone numbers received by the FBI on July 23, 2002. Details about the letter and the list were blanked out, but the “title” of the file into which they were placed – Esam Ghazzawi – was not.

The FBI’s interest in Ghazzawi, while cryptic, is longstanding. In 2003, according to Sarasota attorney Scott McKay, an FBI agent sought to enlist McKay’s help in convincing Ghazzawi to return to Florida to sign legal documents regarding his Sarasota property. The ploy failed.

Ghazzawi on FBI watch list

In 2011, a counter-terrorism agent told author Summers, who with Robbyn Swan wrote the 9/11 history The Eleventh Day, that Ghazzawi and al-Hijji had been on an FBI watch list and that a U.S. agency involved in tracking terrorist funds was interested in both men even before 9/11.

The government’s pre-9/11 interest in Ghazzawi likely included his ties to the corrupt Bank of Credit and Commerce (BCCI), or as it came to be known by law enforcement, the “Bank of Crooks and Criminals.”  Ghazzawi had three accounts at BCCI’s London branch worth about $400,000, according to a 1996 appeals court ruling published in The Times of London.

Bank liquidators contended Ghazzawi was a nominee owner of the funds and that the true owner was his employer at the time, Prince Fahd. The liquidators had claimed the funds pursuant to a guarantee the prince had given regarding an overdrawn account.

Esam Ghazzawi posing in an undated advertisement for his Saudi company, Luxury Home Collection, in the Arab language magazine, The House.

Ghazzawi is today a member of the board of directors of the London subsidiary of EIRAD, a Saudi company that sponsors multinational companies in Saudi Arabia, including United Parcel Service (UPS).

The investigative website Who.What.Why. has reported that Ghazzawi’s brother, Mamdouh, is the executive managing director the parent firm, EIRAD Holding Co. Ltd.

According to The House of Saud in Commerce, a detailed study of Saudi royal entrepreneurship published in 2001 prior to 9/11, EIRAD was headed by Prince Fahd until his death later that year.

EIRAD had ties to the U.S. intelligence community. “In June 1995, the U.S. government approved a business venture between Orbital Imaging Corp. of the USA and EIRAD International for the supply of satellite images to the government and commercial customers in the Middle East,” the book says.

Orbital Imaging, later known as GeoEye, had contracts to provide reconnaissance for the U.S. National Geospatial-Intelligence Agency. The company is now owned by Colorado-based DigitalGlobe.

Business ties to Bin Laden family

The book says Prince Fahd’s other business interests included Saudi Ceramics Co., whose “prominent Saudi partners” included the Bin Laden family. Today, EIRAD’s chairman is another son of King Salman, Prince Sultan bin Salman Abdul Aziz Al-Saud, the former pilot in the Royal Saudi Air Force who in 1985 was an astronaut payload specialist aboard the Space Shuttle Discovery.

Court papers filed last month by attorneys representing Florida Bulldog in its FOIA litigation argue that it “is now clear that substantial evidence exists that Esam Ghazzawi was not just an ordinary, run-of-the-mill Saudi citizen, but rather was (and is) an uber-wealthy Saudi whose father, Abbas Ghazzawi, had been a Saudi ambassador and close associate of at least three Saudi kings.” Photographs of Abbas Ghazzawi in an article posted on his son’s website reportedly depict him with Saudi Kings Saud, Faisal and Fahd.

Abbas Ghazzawi in undated photos with Saudi King Faisal, left and King Fahd.

Abbas Faiq Ghazzawi, 84, is a Saudi diplomat who served in the Ministry of Foreign Affairs and, as recently as a decade ago, was ambassador to Germany, according to Who’s Who in the Arab World. Declassified diplomatic cables posted by the State Department show that in 1979 Ghazzawi, was political counsel for the Ministry for Eastern Affairs, represented Saudi Arabia in sensitive discussions with U.S. diplomats regarding Soviet military units in Afghanistan, the takeover of the U.S. embassy in Tehran and terrorist incidents inside Saudi Arabia.

Esam Ghazzawi’s son, Adel Ghazzawi, 46, is also prominent. He is a prior board member at the East-West Institute, the New York think tank whose board members include ex-Homeland Security chief Michael Chertoff. Adel Ghazzawi is the founder of Conektas, a company based in the United Arab Emirates that helps foreign companies establish businesses in the Middle East.

According to Relationship Science, which bills itself as the world’s “most powerful database of decision makers,” Adel Ghazzawi is on the board of directors of Arabtec Saudi Arabia LLC. Arabtec Construction, one of the world’s largest construction companies, set up its Saudi subsidiary in 2009 as a joint venture with CPC Services (Construction Products Holding Company), a member of the Saudi Bin Laden Group, and Prime International Group Services.

At the time, Emirates Business quoted an Adel Ghazzawi, whom it identified as Prime International’s chief executive officer. Ghazzawi told the news service that he began discussions with Arabtec. “We initiated discussions two months ago and have been working very closely with Arabtec Holdings on moving their business into Saudi along with the Bin Laden Group.”

Adel Ghazzawi could not be located for comment.

Panama Papers

Curiously, Prime International surfaced last year in the Panama Papers case, the trove of 11.5 million leaked documents detailing private financial information about hundreds of thousands of offshore entities. Such entities are legal, but have been used to commit fraud, tax evasion and other crimes.

The website of the International Consortium of Investigative Journalists identifies Prime International Group Services Ltd. as having been established in 2004 in the British Virgin Islands, and as being beneficially owned by Saudi Prince Sultan bin Salman, the former astronaut. Its intermediary is listed as the Fahad Al-Nabet law office in Riyadh, and its overseas agent as the Panamanian law firm Mossack Fonseca. That firm’s founders, Jurgen Mossack and Ramon Fonesca, were arrested in February on money-laundering charges.

About two years after the al-Hijjis moved out their Sarasota home, Adel Ghazzawi tried to get a homeowner’s association lien removed so the house could be sold. The discussions proved to be contentious, according to then-property manager Jone Weist.

Abdulazziz al-Hijji in a photo taken when he lived in Sarasota

The Sarasota Herald Tribune has reported that while the al-Hijjis lived in the Prestancia development, Esam and Deborah Ghazzawi were frequent visitors to the home they shared with their small children. Florida Bulldog recently has learned that in the summer of 2001 Anoud al-Hijji’s 18-year-old brother, Salman Ghazzawi, also lived at the home.

In 2013, the newspaper interviewed Carla DiBello, who knew the al-Hijjis and met Esam Ghazzawi several times. “I remember him being very eccentric. He loved going to big dinners and always had a lot of security,” DiBello said.

Florida Bulldog’s court papers contend that evidence of contacts between Ghazzawi’s family and 9/11 hijackers provide “additional evidence…of possible Saudi support for the 9/11 attacks…and should have triggered a full-scale and thorough investigation by the FBI.” Instead, the FBI “deliberately concealed” those contacts from congressional investigators to protect the Ghazzawis or “negligently failed to conduct a proper investigation of the possibility of complicity of Ghazzawi family members in the 9/11 attacks,” the court papers say.

FBI records that have been released indicate that as of 2004, the FBI apparently had not interviewed Ghazzawi about what happened in Sarasota.

Florida Bulldog’s attorneys Thomas Julin, Raymond Miller, Kyle Teal and Anaili Cure of the Gunster law firm argued the FBI is today “improperly” withholding records “not because those records would harm national security” or otherwise cause harm, but “rather because disclosure…would result in valid, important public criticism of the actions that the FBI took in the wake of the 9/11 attacks.”

The lawyers asked Miami U.S. District Court Judge Cecilia Altonaga to set the case for trial “to determine whether the FBI has conducted an adequate search and whether it has properly withheld and redacted responsive records.”

The government, however, has asked the judge to rule on those issues without a public trial, which would likely include testimony by former Sen. Graham, who has accused the FBI of covering up for the Saudis.

Hollywood targets hundreds arrested for domestic violence, public defender cries foul

APRIL 12 – UPDATE WITH RESPONSES FROM HOLLYWOOD POLICE CHIEF. SEE ITALICIZED PARAGRAPHS BELOW.

By Dan Christensen, FloridaBulldog.org 

Hollywood Police Chief Tomas Sanchez, right, presents an award to Sgt. Rhett Cady last October recognizing his work implementing the department’s anti-domestic violence program

Hollywood police have sent letters to hundreds of residents arrested for domestic violence threatening to target them for enhanced “scrutiny and/or penalties” and “unannounced police checks on your residence.”

The letter, signed by Sgt. Rhett Cady of Hollywood’s Domestic Violence Unit, explains that the city is “taking a new focused approach in preventing future acts of domestic violence” by adding names to a watch list for so-called “C list” offenders.

“Your status as a ‘C’ list offender brings you closer to a possible prison sentence,” Cady wrote. A copy of the watch list obtained by Florida Bulldog contains 574 names.

The letters, dated the day of a suspect’s arrest, began going out last year after Hollywood implemented its “Offender Focused Domestic Violence Initiative (OFDVI).” The city’s website says it is the first program of its kind in the state and is intended “to stop the repeat cycle of violence… This style of policing is often referred to as ‘Focused Deterrence.’

Today, however, the program is drawing fire from the Broward Public Defender’s Office, which says the police department’s letter to domestic violence arrestees is “an abuse of police power.”

“There is no legal authority for the letter, thus it is nothing more than an unlawful threat of retaliation directed at individuals who were merely accused of a crime and who are entitled to a presumption of innocence in a court of law,” says an April 6 letter by Public Defender Howard Finkelstein to Hollywood Police Chief Tomas Sanchez.

Howard Finkelstein

“The letter smacks of police intimidation and threatens the illegal and unconstitutional entry of the arrestee’s home. This overreaching is offensive to civil liberty and completely ignores the law with respect to law enforcement’s authority to enter a person’s home.”

A Sanchez spokeswoman said Monday evening the chief was formulating a response to Finkelstein. The response was not ready when this story was published.

[On Wednesday, April 12, Sanchez’s office released the chief’s response letter to Finkelstein dated April 10: “As for your concerns about the presumption of innocence of offenders, I am certain your office will protect that presumption in court. As for your concerns about offenders’ civil liberties, this Department safeguards all citizens’ civil liberties. This initiative does not allow for illegal or unconstitutional searches for police action in any way.”]

Public Defender Finkelstein’s letter notes that “it is very telling” that a Hollywood police officer arrested for domestic violence in December “was not placed on the watch list and not sent the target letter. This is either evidence of favoritism and a double standard, or it is a tacit acknowledgement that the letter threatens illegal police action that would be easily recognized by a trained law enforcement officer.’’

Lt. Michael McKinney, 6-foot-4 and 280 pounds, was arrested on a misdemeanor charge of domestic battery on Dec. 28 after his wife told police he hit her twice on the head and kicked her in the rib after an argument turned physical. Officers observed swelling on the wife’s upper forehead and temple as well as redness and swelling on her upper right rib area.

Sgt. Cady arrested McKinney, a 23-year veteran, who spent a night in jail. A police report says McKinney’s wife did not “wish to pursue criminal charges.” Assistant State Attorney Stephanie Newman filed paperwork declining to prosecute on Jan. 24.

[Chief Sanchez’s letter thanks Public Defender Finkelstein “for your concern” for Lt. McKinney, who Sanchez says “was given notice of the Initiative face to face the night of the incident. He has also receive training on the Initiative in much greater depth than anyone else targeted by its focus. He has been held to a much higher standard than the average citizen even after the disposition of his case by the court system. Since the arrest the employee has been assigned to Administrative duties with no police powers as he still faces potential workplace discipline.”]

Hollywood began its “domestic violence initiative” in May 2015.

Lt. Michael McKinney

“The Hollywood Police Department has recognized a large amount of calls for police service have involved domestic related incidents,” says the city’s website. The department’s anti-domestic violence program “works to focus on repeat offenders” by “identifying the most repetitive and violent offenders and hold them accountable, while continuing to pursue justice through all of the investigative stages, including bond court, trial, sentencing and probation.”

The program classifies “domestic incident offenders” based on their “predisposition for violence. The initial domestic-related incident, along with the totality of the offender’s criminal history sets the classification in which offenders are ranked” on a list from A to D. There are 92 active offenders on the “A” list of those deemed the most violent, the website says.

“A provision of the OFDVI program is to take action BEFORE the offender re-offends by providing services and resources to offenders who receive the Hollywood Police Department’s OFDVI deterrence message,” the website says. Those resources include anger management classes, job placement, life coaching and treatment programs “available through a multitude of organizations.”

“The OFDVI deterrence message sets clear standards of expectation for City of Hollywood residents who have engaged in acts of domestic violence and is delivered by uniformed officers daily.’’ When those messages are violated, “the offender progresses into a higher category of the program gaining additional attention from officers and detectives,” the website says.

The city claims that since the program began police have seen a “26 percent (on average)” reduction in domestic-related incidents each month. Police attribute that reduction “to our police officers’ motivation in following up with offenders not initially arrested at the domestic incident – preventing further victimization of individuals, stripping the offenders of their anonymity and by making offenders accountable.”

Public Defender Finkelstein was skeptical of Hollywood’s claims, noting that crime is down across the board.

“When they say the reduction is in part because of their efforts, well maybe in part but I doubt it is statistically significant,” he said. “Checking in on victims is a good idea.  Showing care and concern.  But using threats intimidation and physical force and or presence directed toward the presumed innocent arrestee is wrong and illegal…The road to constitutional hell is always paved with good intentions.”

FBI boss Comey and ‘inexplicable’ delays in case of ‘highest national importance’

By Dan Christensen, FloridaBulldog.org 

FBI director James Comey
Photo: CNN

The FBI’s renewed push to dismiss a Miami Freedom of Information lawsuit seeking records of the enigmatic 9/11 Review Commission and FBI activities “of the highest national importance” should be denied, court papers contend.

The filings last week by attorneys for Florida Bulldog also say that facts obtained to date indicate that FBI Director James Comey personally played a role in the FBI’s drawn-out response to records requests filed two years ago. The 9/11 Review Commission also is known as the Meese Commission, after its most prominent member, ex-Attorney General Edwin Meese.

“The facts here create an appearance that the director of the FBI maintained the Meese Commission records in his office; that he did not provide those records to the FBI personnel responsible for processing FOIA [Freedom of Information Act] requests in a timely fashion; and that when he finally did start to produce them, he made numerous mistakes and omitted critical documents,” wrote Miami First Amendment attorney Thomas Julin who represents Florida Bulldog. “Many records still appear to be missing.”

Julin, of South Florida’s Gunster law firm, also said the FBI has violated FOIA by “repeatedly” imposing “unreasonable and inexplicable delays” and censoring information in its records “without statutory or sensible basis for doing so.” He asked Miami U.S. District Judge Cecilia Altonaga to hold a hearing on the matter.

Besides the missing and censored records, the government has said in court filings that the FBI withheld in full another 1,100 pages about the Meese Commission for a variety of reasons ranging from privacy to national security. Among the records withheld: draft copies of the Meese Commission’s final report.

The result: Many questions about the Meese Commission’s work and an apparent Florida support network for the 9/11 hijackers remain hidden behind a veil of official government secrecy.

“The Bulldog’s central concern: Whether the FBI is concealing evidence of Saudi government support for the 9/11 attacks on the United States but failed to conduct a proper investigation of it – either in a misguided effort to allow the Saudi government to get away with murder or due to negligence,” Julin wrote.

In a reply filed Tuesday afternoon in support of the government’s motion for summary judgment, a Miami federal prosecutor countered that the FBI’s document searches were reasonable and fair and its redactions records were lawful.

“Plaintiffs chief complaint is about the amount of time that it took the FBI to search for and produce records. However, delays in processing a FOIA request do not amount to a showing of agency bad faith,” wrote Assistant U.S. Attorney Carlos Raurell.

Lawsuit filed in June

Florida Bulldog’s parent company, Broward Bulldog Inc., sued the FBI in June 2016 – 14 months after its initial FOIA request for Meese Commission records produced no records. The commission, authorized by Congress to conduct an “external review” of the FBI’s post 9/11 performance and to evaluate new evidence, was chosen, paid and controlled by the FBI. It issued its final report in March 2015.

In early November, the FBI started releasing some records. Among other things, one FBI report showed that as late as October 2012 agents and prosecutors in New York were actively investigating a support network for 9/11 hijackers who crashed into the Pentagon. Former Florida Sen. Bob Graham and Philadelphia attorney Sean Carter, who represents clients suing Saudi Arabia, said the disclosure was contrary to the FBI’s previous public statements about 9/11.

Since then, the bureau has continued trickling out records, the latest 20 partially redacted pages released last week. Another 282 pages of responsive documents were withheld in full. The release was made nearly a month after a trial scheduled to begin in early March was delayed at the FBI’s request.

Judge Altonaga has called the FBI’s delays in producing records “shocking.”

Some of the latest released records are about Saudis Abdulaziz al-Hijji and his wife, Anoud, former Sarasota-area residents who came under FBI scrutiny after neighbors reported they had moved suddenly out of their upscale home two weeks before 9/11. An April 2002 FBI report obtained by Florida Bulldog says the Sarasota Saudis had “many connections” to persons involved in 9/11. The FBI has said publicly that it found no such connections and has disavowed the 2002 report to the Meese Commission – albeit without explaining why.

One heavily redacted interview report showed that in April 2004 a source told the FBI that al-Hijji knew some of the 9/11 suicide hijackers who trained at an airport in nearby Venice, showed the source a website about Osama bin Laden and also spoke of going to fight in Afghanistan. Another document shows that as of Aug. 31, 2004 the FBI had not interviewed al-Hijji.

The FBI’s point in redacting so much of that interview report, including the name of its source Wissam Hammoud, is unclear. The Florida Department of Law Enforcement released to the Bulldog its own report on the matter – containing virtually identical language – without any redactions in 2011. Here are copies of the FBI report and the FDLE report for you to compare.

Hammoud, 51, is currently serving a 21-year prison term after pleading guilty in 2005 in federal court in Tampa to weapons violations and attempting to kill a federal agent and a witness. The U.S. Bureau of Prisons has classified him as an “international terrorist associate.”

Red flags

Julin’s court papers cite a number of “red flags” regarding how FBI’s search and review of records suggest “that someone within the FBI or some other governmental agency had stepped in front of the orderly process being carried out by the FBI’s FOIA professionals” – notably that FBI Director Comey kept the Meese Commission records in his office and out of the FBI’s Central Records System.

The FBI’s Record/Information Dissemination Section, or RIDS, “apparently elected to defer to, and rely exclusively on the FBI Director’s Office to respond to the Bulldog’s request. This raised a red flag.”

When records turned up in late January that should have been made public earlier, the head of RIDS, David M. Hardy, filed court papers pointing the finger at Comey, saying they “were not initially identified because the Director’s Office had inadvertently mistaken these records as duplicates.”

“This gave every indication that the Director’s Office, not the FOIA bureaucratic professionals, had taken charge of this case,” Julin wrote in his response to the government.

The plot thickened in mid-March when the government announced that Comey’s office had identified for the first time “certain hard copy records held in storage” that might hold relevant information.

“This red flag suggested that FBI Director James Comey intentionally concealed responsive records,” Julin wrote.

“The director’s actions appear, in fact, to have been designed either to punish the Bulldog for shining a light on the FBI’s work through its initial FOIA action, which exposed the FBI’s public statements concerning its Sarasota investigation as outright falsehoods, or to interfere with its continuing investigation, or both,” Julin wrote.

In government paperwork filed Tuesday, the FBI called the allegations against Comey “baseless” and “outrageous.”

Prodded by federal judge, FBI finally identifies Sarasota Saudis by name in court

By Dan Christensen, FloridaBulldog.org 

Six years after news broke that the FBI found ties between 9/11 hijackers and a Saudi family who’d moved abruptly out of their Sarasota home two weeks before the terrorist attacks – and didn’t tell Congress – the FBI has identified the family publicly.

The disclosure is in a partially declassified Memorandum for the Record that recounts a briefing about the family given by the FBI to the 9/11 Review Commission on April 30, 2014. “Briefing Title: Al-Hiijjii Family,” the document says.

The FBI reluctantly disclosed the family’s last name – which is correctly spelled al-Hijji – in the wake of a Miami federal judge’s Feb. 27 order that it had failed to show that disclosure would invade the al-Hijjis’ privacy. The original version of the memo, released in November, blanked out the al-Hijji name, claiming privacy exemptions to the Freedom of Information Act (FOIA).

Abdulaziz al-Hijji and his wife, Anoud, came to the FBI’s attention within hours of 9/11 when neighbors contacted them to say the couple abruptly had moved out of their upscale home in the Prestancia development, leaving behind their cars and numerous personal belongings. Anoud’s father, Esam Ghazzawi, an advisor to a Saudi prince, owned the home.

Among other things, agents later determined that vehicles driven by 9/11 hijack pilots Mohamed Atta and Ziad Jarrah – who trained at nearby Venice Municipal Airport – had visited the al-Hijji home at 4224 Escondito Circle.

The FBI kept its investigation secret for a decade, not informing Congress or the 9/11 Commission, according to former Florida Sen. Bob Graham, who co-chaired Congress’ Joint Inquiry into the attacks.

Florida Bulldog, working with Irish author Anthony Summers, first reported about the investigation in September 2011. The FBI later confirmed the existence of the probe, but said it found no connection to the 9/11 plot.

The FBI’s disclosure of the al-Hijji name is a small but noteworthy milestone in FOIA litigation brought by Florida Bulldog last June that seeks the release of records of the secretive 9/11 Review Commission. The commission, paid and controlled by the FBI, spent a year conducting an “external” review of the FBI’s post-9/11 performance and evaluating new evidence. It issued a 127-page report in March 2015.

Was al-Hijji a snitch?

The unwillingness of the FBI to publicly identify al-Hijji for so long, even though his name was widely reported, raises questions about why.

“It makes you wonder if they’re going through all this because there’s an arrangement with al-Hijji and Ghazzawi,” said Florida Bulldog’s Miami attorney Thomas Julin. “It smacks of a confidential source agreement.”

Abdulaziz al-Hijji, right, in Sarasota prior to 9/11 and leaving his London office in 2012 Photo in London by Warren Allot for The Telegraph

The FBI filed court papers this month seeking again to dismiss the lawsuit. In them, the FBI said it had reviewed about 900 pages of classified commission records and declassified and released 328 pages in whole or in part. While some records containing new information about 9/11 were disclosed, many of those records were copies of the FBI’s personal services contracts with commission members and staff.

The government’s filings seek to explain to the court why, despite several ostensibly thorough searches, the bureau continues to report finding new Review Commission documents, as recently as March 7 and again on March 13.

Government court papers said the records, like others previously processed, were under the direct control of FBI Director James Comey, who kept the 9/11 Review Commission’s records stored in his office and not in the FBI’s Central Records System.

The March 7 documents were said to include four additional Memoranda for the Record and “a number of transitory records” the FBI thought it had purged last year. The records were being reviewed for possible release.

“In addition, on March 13, 2017, the FBI Director’s Office identified certain hard copy records held in storage, which had not previously been identified or searched, and which it believes may include material responsive to plaintiffs’ requests,’’ said another government filing. “The Records and Information Dissemination Section is currently retrieving these additional records and will review the same.”

Releasing “in context”

The release of the al-Hijji name, while notable, was not complete. There are clear references to the al-Hijjis elsewhere in the April 30, 2014 Memorandum for the Record, but the names remain redacted.

Here’s how the FBI explains it: “The FBI concedes to releasing the Al-Hiijjiis in this context. This is the summary of information released in a public article.”

The disclosure marks the second time that judicial prodding has caused the FBI to make public names in the memorandum that it previously withheld citing privacy concerns.

In February, the bureau identified Special Agent Jacqueline Maguire as the briefer who told the Review Commission that an explosive April 2002 FBI report stating that agents found “many connections” between the al-Hijjis and “individuals associated with the terrorist attacks on 9/11/2001” was bogus.

The report flatly contradicted FBI public statements that agents had found no connection to the 9/11 plot.

The report “was a bad statement. It was overly speculative and there was no basis for the statement,” Maguire said, according to the memorandum. The memo, however, contains nothing to explain the basis for Maguire’s assertions.

The agent who wrote the controversial report is Gregory Sheffield. Judge Cecilia Altonaga has ruled that FBI disclosure of his name would not invade his privacy. Nevertheless, the FBI has not acknowledged his name.

The FBI kept Sheffield’s report secret for more than a decade before releasing a partially declassified version to the Florida Bulldog in March 2013 amid separate FOIA litigation in Fort Lauderdale. The document, censored on grounds of national security, confirmed previous reporting.

Strange case: BSO looking to buy rights to embarrassing lawsuit to quash it

By Dan Christensen, FloridaBulldog.org 

Broward Sheriff Scott Israel

The Broward Sheriff’s Office is making a bizarre bid to squelch a disturbing lawsuit brought against it by a former employee – it wants to buy all rights to the lawsuit from a bankruptcy court trustee.

The lawsuit, filed in 2015 by former BSO Human Resources Information Manager Jennifer Bakowski, includes a host of allegations against BSO including false imprisonment, defamation and malicious prosecution.

In federal bankruptcy court Thursday, a lawyer for BSO asked the court to deny the trustee’s plan to allow Bakowski to buy back her own lawsuit at a cost of about $86,000. Instead, he said, the sheriff should be allowed to buy it for $161,000 in public dollars.

“If we can acquire the case, we can dismiss the case,” said Fort Lauderdale attorney Thomas M. Messana.

“It was his client’s misdeeds that caused the bankruptcy,” countered the trustee’s lawyer, Jason S. Rigoli of Boca Raton. Rigoli argued BSO had no standing to object to the trustee’s proposal to sell the lawsuit back to Bakowski, noting her offer was sufficient to pay off all creditors and attorneys’ fees in full with interest.

“They’re trying to cover up and cap the amount of their liability,” Miami attorney Christian Olson told U.S. Bankruptcy Court Judge Raymond B. Ray on behalf of Bakowski.

Ray deferred a ruling, and asked both sides to submit final written arguments by March 31. It was unclear whether another hearing on the matter would be held.

Bankruptcy trustee Marc P. Barmat obtained opinions from independent trial attorneys that valued the case as being worth much as $1.2 million, according to attorneys for Bakowski.

Strange case

The strange case arose out of a reopened bankruptcy court case that Bakowski and her husband, Robert, originally filed in 2013 in the wake of her December 2012 firing by Sheriff Scott Israel.

Bakowski was a 13-year employee with an otherwise spotless record when two sheriffs – Al Lamberti and Israel, his successor – publicly accused her of embezzling approximately $1 million. A year later, however, BSO detectives and the State Attorney’s Office cleared Bakowski of wrongdoing after determining, among other things, that in fact no money was missing, court records say.

Jennifer Bakowski

While under investigation, Bakowski and her husband filed for bankruptcy in Fort Lauderdale as their debts piled up following the loss of what was said in court to be a “six-figure salary.” The court discharged the couple’s debts in August 2013.

More than a year later, on Jan. 31, 2015, Bakowski sued Sheriff Israel and several underlings in Broward Circuit Court alleging a variety of misconduct by BSO arising from her dismissal.

In June 2016, an attorney for BSO contacted the trustee to tell him about the lawsuit, alleging it should have been included in the bankruptcy estate because the claims arose well before the underlying damages case was filed in Broward Circuit Court. The trustee soon moved to reopen the Bakowskis’ bankruptcy case and, as required by law, gave notice to the couple’s debtors to refile any claims.

The trustee and the Bakowskis later agreed to avoid the costs of further litigating whether all the alleged causes of action in the state complaint against BSO are property of the estate. They agreed to give all rights and title to the suit to the trustee.

The trustee then proposed to sell to Jennifer Bakowski those bankruptcy rights. After Thursday’s hearing, Bakowski said she would fund the rights purchase with money she recently inherited from her late mother.

The sale would have gone through, but BSO objected. Specifically, BSO’s lawyers complained in court papers, “The sale ‘process’ was opaque, was not conducted at arms length, and favors the debtor over the estate and its creditors.”

“We’re not a disgruntled bidder,” BSO lawyer Messana told Judge Ray. “We’re saying the process was unfair.”

President Trump on witness list in Palm Beach lawsuit involving billionaire pedophile

By Dan Christensen, FloridaBulldog.org 

President Trump and Jeffrey Epstein

President Donald Trump is on a list of witnesses for trial in a Palm Beach lawsuit that pits billionaire pedophile Jeffrey Epstein against a Fort Lauderdale attorney who represents Epstein’s victims.

The case appears bound for trial this summer following a Feb. 9 ruling by the Florida Supreme Court in another case that has allowed Fort Lauderdale lawyer Bradley Edwards’ claim of malicious prosecution against Epstein to proceed.

President Trump “has been identified as an individual who may have information relating to these allegations,” said Edwards’ West Palm Beach attorney Jack Scarola, who placed Trump’s name on a witness list on Aug. 31. “But it’s unlikely that he would ever be called” to appear at trial, especially now that he’s assumed the presidency.

Scarola said Trump is one of a number of high-profile individuals whose testimony might be relevant because they “had a relationship with Epstein that would have at least exposed them potentially to what was going on inside Epstein’s Palm Beach home … during the relevant period of time” between 2001-2007.

What was going on in Epstein’s mansion, court papers say, was an ugly child molestation scheme involving sex with “substantially more” than 40 girls, some as young as 12. A “statement of undisputed facts” filed by Scarola says Epstein used his staff and his victims to recruit more victims, employing “a pyramid abuse scheme in which he paid underage victims $200-$300 cash for each other underage victim that she brought to him.”

“There is no evidence the President was involved in Epstein’s schemes,” Scarola said.

Secretary of Labor nominee Alex Acosta

Still, the spectacle of a U.S. president being drawn into sordid litigation involving a notorious politically connected sexual criminal who got an apparent sweetheart deal from then-Miami U.S. Attorney Alex Acosta, now Trump’s nominee to become U.S. Secretary of Labor, represents a potential political nightmare for the White House.

The White House press office did not respond to requests for comment.

Epstein’s attorney, Tonja Haddad Coleman, declined to comment.

An affidavit about Trump

A little-noticed affidavit by Edwards recounting his knowledge of Trump’s involvement with Epstein is recounted further below in this story.

Investment banker Epstein, represented by a team of high-powered lawyers, pleaded guilty June 30, 2008 in Palm Beach Circuit Court to two felonies: procuring a person under 18 for prostitution and offering to commit prostitution. He served 13 months of an 18-month sentence. The Palm Beach Daily News has reported Epstein served his time in “a vacant wing at the Palm Beach County Stockade with liberal work-release privileges.”

Today, Epstein, 64, is a registered sex offender.

In exchange for his plea, U.S. Attorney Acosta agreed not prosecute Epstein or his employees on federal charges contained in a 53-page indictment. A 2007 federal non-prosecution agreement with Epstein states, among other things, that he “knowingly and willfully” conspired with others to use interstate commerce to “persuade, induce, or entice minor females to engage in prostitution.”

If convicted of that charge, and others cited in the agreement, Epstein faced possible prison for life.

Republican Acosta, dean of Florida International University’s Law School and chairman of U.S. Century Bank, is expected to be asked about his treatment of Epstein at his Senate confirmation hearing on Wednesday.

In addition to the malicious prosecution claim against Epstein, attorney Edwards is also suing the government on behalf of “Jane Doe 1 and Jane Doe 2” and others under the federal Crime Victims’ Rights Act (CVRA). The lawsuit, filed in 2008, alleges the U.S. Attorney’s Office under Acosta violated the rights of Epstein’s victims by, among other things, “conspiring” with Epstein to keep them “in the dark’’ so the plea arrangement could be done without the victims “raising any objection.”

Wifredo Ferrer, who stepped down as Miami U.S. Attorney earlier this month

In February 2016, Edwards and co-counsel Paul Cassell filed a still-pending motion for summary judgment that says Acosta’s successor, Wifredo Ferrer, “has continued to fight” victims’ efforts “to have the court declare that their rights were violated.” The motion asks U.S. District Judge Kenneth Marra to rule that the government violated the victims’ rights and explore possible remedies. Ferrer stepped down March 3.

Addressing a “terrible injustice”

“Both Brad and Professor Cassell undertook and have continued to prosecute the CVRA claim to address what they perceive to be a terrible injustice,” said Scarola. “There is no claim for money damages and there is no prevailing party provision in the CVRA” that would allow them to collect legal fees for their work on the case.

Attorney Edwards began representing several of Epstein’s victims while maintaining a solo law practice in 2008, settling a number of claims for undisclosed amounts two years later.

For eight months in 2009, however, he worked for Rothstein, Rosenfeldt and Adler, the law firm that spectacularly imploded in scandal in November of that year when it was discovered that founder Scott Rothstein was running a giant Ponzi scheme. Rothstein, now in prison, enticed investors by falsely claiming that they could buy into lucrative pending settlements in whistleblower, sexual harassment and other cases.

Edwards’ court papers say he knew nothing of Rothstein’s schemes, and federal authorities later determined Edwards to have been one of Rothstein’s victims. In 2009, however, Epstein sued Rothstein, Edwards and one of Edwards’ clients alleging, among other things, civil racketeering. Edwards’ court response: the suit was filed “for the sole purpose of attempting to intimidate” him and his client.

Epstein later dropped all his allegations, and Edwards since has turned the case back against him with his counterclaim of malicious prosecution. The case was on hold for two years pending last month’s Florida Supreme Court ruling, which reversed a lower court decision that dismissed the accusation on technical grounds.

Edwards won’t discuss either case. But in a little-noticed 2010 affidavit, given a year after the case was filed, Edwards explained why he thought Trump and other notables involved with Epstein, including former President Bill Clinton, might have relevant information to provide.

“If you’ve read Brad’s affidavit then you know everything there is to know regarding Trump,” Scarola said.

Does Trump have knowledge of Epstein’s crimes?

In his affidavit, Edwards suggests Trump has personal knowledge of Epstein’s criminality.

“I learned through a source that Trump banned Epstein from his Maralago [Mar-A- Lago] Club in West Palm Beach because Epstein sexually assaulted an underage girl at the club,” Edwards stated.

The affidavit notes that Trump visited Epstein at Epstein’s West Palm Beach home – “the same home where Epstein abused minor girls daily.”

Fort Lauderdale attorney Bradley Edwards

A “review of message pads confiscated from Epstein’s home” showed “that Trump called Epstein’s West Palm Beach mansion on several occasions during the time period relevant to my client’s complaints,” the affidavit says. Likewise “Epstein’s phone directory from his computer contains 14 phone numbers for Donald Trump, including emergency numbers, car numbers, and numbers to Trump’s security guard and houseman.”

The affidavit goes on to say that one of Epstein’s victims “Jane Doe #102” has alleged that she was initially approached at Trump’s Mar-A-Lago by Ghislaine Maxwell and recruited to be Maxwell and Epstein’s “underage sex slave.”

Maxwell, daughter of the late British publishing baron Robert Maxwell, is named in the affidavit as an Epstein associate of interest. She is described in court papers as Epstein’s “longtime companion” who helped run his companies and “recruit underage children” for the pleasure of both Epstein and herself. The affidavit says she attended the wedding of Chelsea Clinton, Bill and Hillary Clinton’s daughter, in July 2010.

The affidavit goes on to cite the 2009 deposition of Epstein’s brother, Mark Epstein, who “testified that Trump flew on Jeffrey Epstein’s plane with him (the same plane that Jane Doe 102 alleged was used to have sex with underage girls).”

Likewise, attorney Edwards cited in his affidavit a 2002 New York Magazine article about Epstein titled, “Jeffrey Epstein: International Moneyman of Mystery.”

“I’ve known Jeff for fifteen years. Terrific guy,” said Trump, then a prominent, wealthy New York developer. “He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side. No doubt about it – Jeffrey enjoys his social life.”

The subtitle of the article about Epstein: “He’s pals with a passel of Nobel Prize-winning scientists, CEOs like Leslie Wexner of the Limited, socialite Ghislaine Maxwell, even Donald Trump. But it wasn’t until he flew Bill Clinton, Kevin Spacey, and Chris Tucker to Africa on his private Boeing 727 that the world began to wonder who he is.”

A second U.S. president

While ex-President Clinton is not on the witness list for trial, Edwards listed a number of reasons in his affidavit to believe that Clinton might have relevant information about Epstein. They include:

·      Clinton’s “well known” friendship with Ghislaine Maxwell, an alleged enabler of Epstein’s sexual crimes with young girls.

·      Clinton’s highly publicized travel with Epstein and Maxwell aboard Epstein’s private plane to Africa. Flight logs for “the relevant years 2002-2005 showed Clinton traveling on Epstein’s plane on more than 10 occasions and his assistant, Doug Band, traveled on many more occasions.” The logs also showed Clinton traveled with other “employees and/or co-conspirators of Epstein’s that were closely connected to Epstein’s child exploitation and sexual abuse.”

·      “Jane Doe No. 102 stated generally that she was required by Epstein to be exploited not only by Epstein but also Epstein’s ‘adult male peers, including royalty, politicians, academicians, businessmen and/or other professional and personal acquaintances’ – categories Clinton and acquaintances of Clinton fall into.”

Ex-President Bill Clinton

·      “Clinton frequently flew with Epstein aboard his plane, then suddenly stopped – raising the suspicion that the friendship abruptly ended, perhaps because of events related to Epstein’s sexual abuse of children.”

·      Epstein’s computer contact list “contains e-mail addresses for Clinton along with 21 phone numbers for him.”

Attorney Scarola would not say why Clinton is not on the Aug. 31 witness list, stating he is “not at liberty to discuss our litigation strategy.”

Edwards initially sought to depose Trump and Clinton about Epstein, but never did. Scarola said there was no need to depose them after Epstein dropped his racketeering and other claims against Edwards.

While there are other notables on the witness list of those with knowledge of Epstein, including retired Harvard University law professor Alan Dershowitz and illusionist David Copperfield, there’s only one other politician. That’s ex-New Mexico Governor and Clinton Administration Secretary of Energy Bill Richardson.

The affidavit says Epstein’s personal pilot, Larry Morrison, testified in a 2009 deposition about “Richardson joining Epstein at Epstein’s New Mexico ranch” and that “there was information that Epstein had young girls at his ranch which, given the circumstances of the case, raised the reasonable inference he was sexually abusing these girls since he had regularly and frequently abused girls in West Palm Beach and elsewhere.

“Richardson had also returned campaign donations that were given to him by Epstein, indicating that he believed that there was something about Epstein that he did not want to be associated with,” the affidavit says.

FBI censored documents to protect privacy of accused 9/11 mastermind, accomplice

By Dan Christensen, FloridaBulldog.org 

Khalid Sheikh Mohammed after his capture in Rawalpindi, Pakistan on March 1, 2003

Even as the FBI recently has made public more 9/11 records to satisfy the requirements of the Freedom of Information Act in advance of a possible trial, it continues to withhold untold documents that promise to cast new light on that terrible day in 2001.

Likewise, about 1,000 pages from the secretive 9/11 Review Commission that were declassified are shot through with blanked-out words, sentences, paragraphs, even entire pages – FBI deletions that undermine the act’s purpose as “a means for citizens to know ‘what their government is up to.’”

The FBI made public those pages in response to a Freedom of Information lawsuit filed in June by the corporate parent of Florida Bulldog after the bureau did not properly respond to lawful record requests. The Review Commission, also known as the Meese Commission after its best-known member former Attorney General Edwin Meese, was authorized by Congress to conduct an “external” review of the FBI’s post-9/11 performance and to examine new evidence. Its members were chosen and paid by the FBI. It issued its final report in March 2015.

National security and the need to protect informants were among the reasons the FBI cited to explain why certain information was kept hidden. In other cases, the reasons the FBI has asserted for redactions appeared arbitrary, even bizarre.

Take for example the 53-page FBI PowerPoint presentation titled “Overview of the 9:11 Investigation” that was shown to the commission during a briefing in April 2014. The PowerPoint included the “non-immigrant visa application” filled out by accused 9/11 architect Khalid Sheikh Mohammed, who for the last 10 years has been held at the Guantanamo Bay detention camp.

The FBI withheld Mohammed’s entire visa application. Its reason: disclosure “could reasonably be expected to constitute an unwarranted invasion of personal privacy.”

The FBI further asserted the privacy rights of Mohammed and fellow “high-value” Guantanamo detainee Mustafa al-Hawsawi in its decision to withhold PowerPoint slides about their credit card information. Specifically withheld: al-Hawsawi’s “credit card statement and supplemental card activity” and Mohammed’s “supplemental Visa card application” to the United Kingdom’s Standard Chartered Bank.

Al-Hawsawi, a Saudi charged with war crimes, is an alleged senior al Qaeda member and organizer and financier of 9/11.

Nine other pages from the 9/11 PowerPoint were deleted. Also redacted was all information about these titles: “Funding of the 9/11 Attacks” and “Additional Funding Early to Mid-2001”; “Early to Mid-2000: Pilots/Intended Pilots Arrive U.S.”; “Early to Mid-2001: Non-Pilots Arrive U.S.”; “July-August 2001: Knife Purchases; August 2001: Reserving 9/11 Tickets.”

The FBI withheld each of those records citing exemption b7E to the Freedom of Information Act, which shields from disclosure “techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.”

In addition, four pages in the PowerPoint titled “Ongoing Investigation” were blanked out. A variety of reasons cited included privacy, inter-agency or intra-agency memorandums, and techniques and procedures – but not national security.

On the other hand, the bureau last month did release one tidbit that’s sure to fire up those who believe the destruction of the Twin Towers was an “inside job” or that the Pentagon was hit by a missile, not an American Airlines Boeing 757.

A partially declassified Memorandum for the Record (MFR) regarding an April 23, 2014 FBI briefing about its 9/11 investigation mentions a startling request for information to the FBI that day:

“The commissioners requested a list of evidence that shows it was actually a plane that crashed into the Pentagon,” the memo says.

Why did the Meese Commission make such a curious request? Did the FBI provide such a list?

The MFR’s declassified pages don’t answer those questions. Still, more than two pages of the six-page document were kept secret citing FOIA exemptions that prevent the disclosure of certain inter-agency or intra-agency memos and sensitive law enforcement techniques.

As some judges balk at Broward’s new high-rise courthouse, BSO has security issues

By Dan Christensen, FloridaBulldog.org 

Broward’s new 20-story courthouse tower

Broward’s juvenile delinquency judges have refused to move into the county’s new $276.4 million high-rise courthouse, while Broward Sheriff’s officials described the building as riddled with security issues, including a “serious escape risk.”

A Feb. 15 BSO internal memo obtained by Florida Bulldog lists 25 security issues or design flaws identified during a “thorough examination of the detention area” of the 20-story structure. Some might seem comical if they weren’t so serious.

For example, the report notes that light switches and thermostats for holding cells are located inside, instead of outside, the cells, giving inmates control.

BSO requested immediate corrective action to remove the switches and thermostats.

“The light switches should only be controlled by staff in the control room,” the memo says. “The temperature should only be controlled by staff in the control room.”

Further, the memo says lighting is adjusted by certain efficiency measures. Those measures “must be removed so that the cell lighting is strictly controlled by staff. Inmates in the holding cells must be visible at all times.”

Assistant County Administrator Alphonso Jefferson said juvenile courtrooms, like other courtrooms, were “built in accordance with approved design plans” signed off on by the court years ago. He nevertheless said the county is working with the sheriff’s office to make the desired fixes.d

Broward Assistant County Manager Alphonso Jefferson

“I’m aware of this and these are punch-list items,” he said. “There are punch-list items with any building, items you have that need to be addressed. We’ve had numerous walk-throughs with BSO and we’ve identified these items that are additional.”

BSO declined to comment, except to say that the memo, prepared by Captain Veronica Carroll, commander of the detention department’s Central Intake Bureau, was later updated. A request to see a copy of the updated memo was denied.

Juvenile delinquency judges say no thanks

Apparently not fixable, however, were matters of concern to enough of the county’s four juvenile delinquency judges that they decided recently to remain in or move to courtrooms in the courthouse’s modern North Tower on Southwest Third Avenue in Fort Lauderdale.

“Judge [Elijah] Williams and I went over there and it didn’t take us long to figure out that those courtrooms were not appropriate for juvenile delinquency court,” said Broward Juvenile Court Judge Carlos Rebollo.

Among other things, he said, the new juvenile courtrooms located on the tower’s ninth floor are “very small,” include no jury box where in-custody juveniles are kept while in court and have “holding cells that looked like a prison.”

“You’re dealing with juveniles and the last thing you want to do is put them in an environment in which it looks like they’re in prison,” said Rebollo.

The juvenile holding cells, which do not allow for the separation of male and female inmates, have open toilets.

“The way these things were designed was very institutionalized and the judges were very adamant that they didn’t want these kids to be placed in those holding cells,” said Chief Assistant Public Defender Gordon Weekes, whose office also opposed the new juvenile courtrooms. “They have an open toilet. You put four kids in there and if one has to use the bathroom they have to do it in front of the other three with no partition, and maybe even in front of an adult passing through.”

Fixes would be costly

Weekes said the cost to modify the juvenile facilities to make them acceptable for such work would have been great.

“It’s my understanding after speaking to the county that it would be millions of dollars to fix issues in the juvenile courtrooms,” Weekes said. The courtrooms will now apparently be repurposed.

To date, the new tower remains largely unoccupied. Those that have moved in include the clerk of courts, the state attorney, BSO and probate courts, Jefferson said. March 20 was set to be the date by which most of the judges would move in, but the date was said by two sources to have been abandoned amid an argument between the county and BSO on appropriate security staffing levels.

BSO’s memo addresses a variety of security deficiencies in the new courthouse, the most critical of which was in the sally port, the secure gateway between the jail and court. One issue cited in the report “poses a serious escape risk.” The underline is in the memo.

Other issues include “numerous blind spots” that pose life safety issues, fire sprinklers can be too easily tampered with by inmate, and “in-cell cameras are encased in cheap plastic that is easily manipulated.’’ The detention area also has no Self Contained Breathing Apparatus, a device that can provide breathable air in an emergency.

Of particular concern to Weekes was another holding cell deficiency: a handicap railing that’s “contrary to suicide prevention.”

“Most people think of a jail suicide as someone hanging from an overhead bar, but anyone can wrap a towel around their neck and lean forward. That’s just as effective. I don’t understand why they would allow that.”

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