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Monday, July 5, 2004 Translator in
Eye of Storm on Retroactive Classification
By Anne E. Kornblut
Washington -- Sifting through
old classified materials in the days after the
Sept. 11, 2001, attacks, FBI translator Sibel
Edmonds said, she made an alarming discovery:
Intercepts relevant to the terrorist plot,
including references to skyscrapers, had been
overlooked because they were badly translated into
English. Edmonds, 34, who is fluent in Turkish and Farsi,
said she quickly reported the mistake to an FBI
superior. Five months later, after flagging what
she said were several other security lapses in her
division, she was fired. Now, after more than two
years of investigations and congressional
inquiries, Edmonds is at the center of an
extraordinary storm over US classification rules
that sheds new light on the secrecy imperative
supported by members of the Bush administration.
In a rare maneuver, Attorney General John
Ashcroft has ordered that information about the
Edmonds case be retroactively classified, even
basic facts that have been posted on websites and
discussed openly in meetings with members of
Congress for two years. The Department of Justice
also invoked the seldom-used "state secrets"
privilege to silence Edmonds in court. She has been
blocked from testifying in a lawsuit brought by
victims of the Sept. 11 attacks and was allowed to
speak to the panel investigating the Sept. 11
attacks only behind closed doors. Meanwhile, the FBI has yet to release its
internal investigation into her charges. And the
Senate Judiciary Committee, which oversees the
bureau, has been stymied in its attempt to get to
the bottom of her allegations. Now that the case
has been retroactively classified, lawmakers are
wary of discussing the details, for fear of
overstepping legal bounds. "I'm alarmed that the FBI is reaching back in
time and classifying information it provided two
years ago," Senator Charles E. Grassley, a
Republican from Iowa and a leading advocate for
Edmonds, said last Friday. "Frankly, it looks like
an attempt to impede legitimate oversight of a
serious problem at the FBI." Edmonds, a naturalized US citizen who grew up in
Turkey and Iran, said in an interview last week
that the ordeal has made her grow disillusioned
with the "magical system of checks and balances and
separation of powers" that had made her so drawn to
the United States. "What I came to see is that it
exists only in name," Edmonds said. "Where is the
oversight? Who is there to stop him
[Ashcroft]?" In a development that legal analysts say is
disturbing, a pattern of retroactive
classifications has begun to emerge in recent
years, all of them pertaining to -- but not limited
to -- national security. For example,
Representative John F. Tierney, Democrat of
Massachusetts, is locked in an ongoing battle with
the Defense Department over testing requirements
for a national missile defense system that were
made public in 2000 but have since been declared
classified. Bush administration officials argue that the
three-year campaign against terrorism has required
unprecedented levels of confidentiality, especially
inside intelligence and law enforcement agencies.
Critics do not dispute the need for heightened
secrecy in the current environment. Edmonds is
careful not to discuss standard classified
information, such as methods the FBI used to obtain
the material she translated. But she and a growing number of her defenders --
who include a government watchdog group, some Sept.
11 families, and Grassley, a Bush administration
ally -- maintain that the secrecy imposed on her
case has jeopardized national security. One of
Edmonds's assertions to her superiors included
suspicions of espionage within the FBI, which she
said the bureau has not addressed. "Their [the administration's] mantra
seems to be that secrecy promotes safety, and I
don't think that's true," said David
Vladeck, a Georgetown University law professor
who is representing the watchdog group Project
on Government Oversight in a lawsuit
challenging the retroactive classification. "At
times, I think secrecy breeds suspicion." Edmonds's native skills drew her to languages.
Born in Istanbul, raised for seven years in Tehran,
with Azerbaijani relatives on her father's side,
she speaks three languages crucial to
intelligence-gathering in the Middle East. She does
not speak Arabic. But her specialty languages were
no less important after Sept. 11, 2001, when
investigators began tracking Al Qaeda and other
terrorist connections in Afghanistan, Uzbekistan,
and Iran. She had a job application at the FBI before
Sept. 11, and it was accelerated after the attacks
so she could start work Sept. 20. One of her main
assignments, she said, was to expedite requested
translations from field agents, including material
that a field agent in Arizona submitted for
retranslation on a suspicion that it had not been
examined thoroughly before Sept. 11. "After I retranslated it verbatim, I went to my
supervisor to say, 'I need to talk to this agent
over a secure line because what we came across in
this retranslating is gigantic, it has specific
information about certain specific activity related
to 9/11,' " Edmonds recalled. "The supervisor
blocked this retranslation from being sent to the
same agent. The reasoning this [supervisor]
gave me was, 'How would you like it if another
translator did this same thing to you? The original
translator is going to be held responsible.' " In the end, Edmonds said, the field agent who
requested a reinterpretation of the intelligence
material "knew there were things that were missing,
and yet he was reassured by the Washington field
office that the original translation was fine." Edmonds said the intercept jumped out at her
because it contained references to skyscrapers and
the US visa application process. Such references
might have triggered suspicions at Immigration and
Naturalization Services before Sept. 11 if they had
been correctly translated, she said, but they
seemed unrelated before the attacks, in part
because they were gathered during the course of a
criminal investigation. A Phoenix FBI agent was
the source of a memo before the attacks warning
about Middle Easterners taking flying lessons.
Edmonds does not know whether the same agent is
related to her case. Edmonds said she made another troubling
discovery: One of her colleagues admitted being a
member of an organization with ties to the Middle
East that was a target of an FBI investigation. The
colleague, also a Turkish translator, invited
Edmonds to join the group, assuring her that her
FBI credentials would guarantee admission. Edmonds
declined to name the organization, because she said
it has been under surveillance. Two months later, Edmonds said, one of the
agents she worked with found hundreds of pages of
translation that her Turkish-speaking colleague had
stamped "not pertinent" and had therefore gone
untranslated. The agent asked Edmonds to retranslate her
colleague's work. "We came across 17 pieces of
extremely specific and important information that
was blocked, and at that point, this agent and I
went to the FBI security department in the
Washington field office, and found out my
supervisor had not reported my original
complaints," she said. Edmonds said she was repeatedly warned that she
would be opening a "can of worms" if she kept
filing security complaints, but she continued
reporting lapses to ever-higher levels of
management until, in March 2002, she wrote a letter
to FBI Director Robert S. Mueller III, she
said. She also contacted the Senate Judiciary
Committee. In response, the FBI confiscated her
home computer, challenged her to take a polygraph
test, which she said she passed, and terminated her
contract. A Justice Department spokesman did not respond
to a request for comment. Previously, officials
have said Edmonds was fired for disruptive behavior
on the job. Over the summer of 2002, the Senate Judiciary
Committee requested and received unclassified
briefings about her case by FBI officials, in which
Senate aides said the FBI confirmed much of what
Edmonds had alleged. Senators Patrick Leahy,
Democrat of Vermont, and Grassley, the Republican,
wrote letters to Ashcroft, Mueller, and Glenn A.
Fine, the inspector general at the Department
of Justice, requesting immediate attention to
Edmonds's case. They posted their letters on their
websites, and Edmonds went public with her story,
which was featured in a segment on "60 Minutes" in
October 2002. Edmonds also filed suit against the Justice
Department on First Amendment grounds. That
prompted Ashcroft to invoke the rare "state
secrets" privilege, arguing "the litigation creates
substantial risks of disclosing classified and
sensitive national security information," a
Department of Justice news release said. Edmonds's lawsuits have since been stalled in
court, but other Sept. 11-related cases, involving
the independent panel's investigation and civil
lawsuits involving victims' relatives, have put her
saga back in the spotlight. The Senate Judiciary
Committee recently e-mailed staff members informing
them the FBI now considers the information related
to Edmonds classified and warning them not to
disseminate it anymore. Grassley's and Leahy's offices have removed
their letters to Justice officials from their
websites, though the letters are still available on
the Internet. Copyright 2004 Boston
Globe . . . on this
website -
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Coleen
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edited version on TIME website
[May 21, 2002].
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