In 2005, Rahinah Ibrahim, a Malaysian architect, was placed on the United States Government’s No-Fly list, operated by the Terrorist Screening Center.
It wasn’t because she was a member of Al Qaeda. It happened because of an FBI screw-up.
The mess started in January 2005, when Ibrahim and her 14-year-old daughter arrived at the San Francisco Airport. Their destination: Hawaii, to attend a conference trip sponsored by Stanford.
Ibrahim, still recovering from a recent hysterectomy, was in a wheelchair.
When she approached the United Airlines counter to check in, she was seized, handcuffed, thrown in the back of a police car and taken to a holding cell.
There she was interrogated. During this, paramedics had to be summoned because she hadn’t taken her surgery medication.
Then, to her surprise, she was released–and told that her name had been removed from the No-Fly list. She boarded a flight to Hawaii and attended the conference.
But in March 2005, the situation suddenly changed.
Having returned to Malasia, she bought a ticket to fly back to California to meet with her Stanford thesis adviser. But at the airport, she was banned from the flight.
She was told that her student visa had been revoked, and that she would longer be let into the United States. When she asked why, authorities refused to give a reason.
She would not learn the answer for another eight years.
An FBI agent in San Jose, California, had conducted a background check on Ibrahim. He hadn’t meant to place her on theNo-Fly list.
FBI Headquarters in Washington, D.C.
He had simply checked the wrong boxes on a form. He didn’t even realize the mistake until nearly a decade later, during his deposition in 2013.
In fact, he filled out the form exactly the opposite way from the instructions provided on the form. He did so even though the form stated, “It is recommended that the subject NOT be entered into the following selected terrorist screening databases.”
Thus, Ibrahim was placed on the No-Fly list.
That was bad enough–but at least understandable. FBI agents are human, and can and do err like anyone else.
What is not understandable or tolerable is this:
After Ibrahim filed a lawsuit against the United States Government in 2006, the Justice Department ordered a coverup–to prevent word from leaking that one of its agents had made a mistake.
Moreover, Ibrahim was ordered by the Justice Department to not divulge to anyone that she was suing the United States Government–or the reason for the lawsuit.
Ibrahim is currently the dean of architecture at University Putra Malaysia.
Because the Justice Department refused to admit its mistake, attorneys working pro bono for Ibrahim incurred a reported $3.8 million in legal fees, as well as $300,000 in litigation costs.
In his recent decision on the case, U.S. District Judge William Alsup, based in San Francisco, called the agent’s error “conceded, proven, undeniable and serious.”
“Once derogatory information is posted to the Terrorist Screening Database, it can propagate extensively through the government’s interlocking complex of databases, like a bad credit report that will never go away,” he wrote.
If only the Justice Department had readily admitted the mistake and quickly moved to correct it. But the egos of Federal law enforcement agents and prosecutors effectively ruled out this option.
Robert Gates, who served as Secretary of Defense under Presidents George W. Bush and Barack Obama (2006-2011) had a completely different approach to dealing with mistakes.
In his 2014 autobiography, Duty, he writes of his determination to promote good relations between the Pentagon and the reporters who covered it.
In his commencement address at the Anapolis Naval Academy on May 25, 2007, he said:
“…the press, in my view [is] a critically important guarantor of our freedom.
“When it identifies a problem, the response of senior leaders should be to find out if the allegations are true. And if so, say so, and then act to remedy the problem.
“If [the allegations are] untrue, then be able to document that fact.”
Millions of Americans not only distrust the Federal Government–they believe it is aggressively conspiring against them.
But the vast majority of Federal employees do not come to work intent on destroying the lives of their fellow Americans.
They spend most of their time carrying out routine, often mind-numbing tasks–such as filling out what seem like an endless series of forms.
But even where no malice is involved, their actions can have devastating consequences for innocent men and women.
Especially in cases where “national security” can be invoked to hide error, stupidity, or even criminality.
The refusal of the Justice Department to quickly admit the honest mistake of one of its agents prevented Ibrahim from boarding a commercial flight for seven years.
Federal agencies should follow the advice given by Robert Gates: Admit your mistakes and act quickly to correct them.
Unless this happens, the poisonous atmosphere of distrust between the Government and its citizens will only worsen.






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“BRIDGE OF SPIES” TELLS UNPLEASANT TRUTHS ABOUT GOVERNMENT: PART ONE (OF TWO)
In Bureaucracy, History, Law, Military, Politics, Social commentary on October 26, 2015 at 12:27 amSteven Spielberg’s new movie, “Bridge of Spies,” is that rarity among films: An intelligent mixture of history and drama, stripped of gratuitous sex and violence.
It’s also a film that accurately reveals unsettling truths about how government agencies really operate.
Truth #1: Appearance counts for more than reality.
The movie opens with the FBI’s arrest of KGB spy Rudolph Abel (Mark Rylance). The evidence against him is overwhelming. This–plus the “Red Scare” climate of 1957–will guarantee his conviction.
But the Eisenhower administration doesn’t want the upcoming trial to be seen as a hangman’s court. It must have at least the appearance of a fair proceeding.
So the Justice Department (through the Brooklyn Bar Association) asks a New York insurance attorney named James B. Donovan (Tom Hanks) to take on Abel’s defense. He’s expected to make a reasonably competent effort but not go all out on behalf of his client.
Truth #2: Individual conscience can wreck the best-laid plans of government.
Donovan has never handled a spy case before. And he has no delusions that Abel isn’t the spy he’s charged with being. But he’s determined to give Abel the same committed defense he would give to any other client.
Rudolph Abel (Mark Rylance) and James Donovan (Tom Hanks) in court
This comes as a shock to the prosecutors, the judge, his law firm and even his family.
A CIA agent approaches Donovan in a nearly deserted restaurant and asks him to reveal any secrets that might help win Abel’s conviction.
Donovan replies: “This conversation isn’t happening.”
“No, of course not,” replies the CIA agent, assuming Donovan is agreeing to keep the overture secret.
“No, I mean this conversation isn’t happening,” angrily says Donovan, who leaves the agent fuming.
Donovan becomes a pariah; his mailbox is stuffed with hate mail and one night a would-be drive-by killer riddles his house with bullets.
Abel is convicted and sentenced to 45 years’ imprisonment. But Donovan–again shocking everyone he knows–pursues an appeal up to the Supreme Court.
He argues that the evidence against Abel is tainted by an invalid search warrant. No American citizen could be convicted under such circumstances; and the Constitutional protections that hold true for Americans should hold equally true for non-Americans charged with crimes in American courts.
Donovan’s arguments will be heard a half-century later, when al-Qaeda suspects are hauled before American courts.
He puts on an impressive case on Abel’s behalf, but loses 5-4 at the Supreme Court.
That seems to be the end of Donovan’s relationship with Abel. But events soon dictate otherwise.
Before the judge could pronounce a death sentence on Abel, Donovan had argued that this might be a mistake. The day might come, he told the judge, when an American spy might fall into Soviet hands.
And then the United States would need to swap Abel to secure the release of its own agent.
The judge, moved by that argument, had given Abel a lengthy prison term instead.
On May 1, 1960, Francis Gary Powers, a former Air Force pilot, is flying a high-altitude U-2 plane above the Soviet Union for the CIA. The plane is equipped with state-of-the-art cameras, and Powers intends to photograph military sites and other important complexes.
Suddenly, a surface-to-air missile slams into the plane. Powers ejects before it crashes, but fails to commit suicide with a poison pin concealed in a phony silver dollar. He’s captured by the KGB and brutally interrogated, but maintains his silence.
At about the same time, Frederic Pryor, an American economics graduate student living in West Germany, visits his German girlfriend living in Soviet-dominated East Germany.
The Soviets are starting to build their infamous Berlin Wall, which will stop the flow of refugees from East to West. Pryor tries to bring his girlfriend and her father into West Berlin, but he’s stopped and arrested by agents of Stasi, the East German police, who accuse him of being a spy.
Meanwhile, the Soviet Union wants its spy, Abel, returned, before he can spell its secrets. In turn, the new Kennedy administration wants Powers returned, before he can be made to spill American secrets.
Truth #3: High-ranking government officials will ask citizens to take risks they themselves refuse to take.
In 1961, Donovan is once again sought out by the American government–this time by no less than CIA Director Allen Dulles.
And he’s asked to go where no official American representative can go–East Germany. His new assignment: Negotiate the exchange of Powers for Abel.
The CIA wants its spy back. And it’s willing to send Donovan into East Germany to negotiate his release. But it’s not willing to back him up if he’s arrested by Stasi, the notorious East German secret police.
In such a case, Donovan could spend the rest of his life in a Communist prison cell.
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