NEWS

Justice Served: $2 Million Awarded to Bombing Suspect

Written by Dave Nalle
Published November 30, 2006

In a settlement agreed to on Wednesday, the federal government will pay Brandon Mayfield $2 million for wrongly arresting and detaining him for more than two weeks in 2004 on the basis of a misidentified fingerprint.

Mayfield is a Portland lawyer and a convert to Islam who was arrested on May 6, 2004 as a 'material witness' and held without charges under a provision of the USA PATRIOT Act, because a partial fingerprint found on a bag of detonators used in the Madrid subway bombings was incorrectly identified as his. Once his lawyer was able to get the evidence against him reviewed by a court, Mayfield was promptly released, but that process still took 17 days.

In the settlement not only did Mayfield receive $2 million, but the FBI admitted to having handled the situation poorly, a modest admission considering that Spanish authorities had told them the fingerprints were not a good match - a determination the FBI chose to ignore.

Mayfield isn't going to stop with this settlement. He plans to go on to challenge parts of the USA PATRIOT Act under which evidence against him was gathered, including multiple searches and wiretaps carried out under provisions known as 'sneak and peek' which may well violate the 4th Amendment.

Clearly Mayfield has some very good reasons for being angry and the fact that he's challenging the USA PATRIOT Act has to earn him a certain amount of credit. But what you aren't going to hear in the media when this settlement is discussed is the fact that all that wiretapping and searching which was prompted by the mistaken fingerprint identification actually turned up an awful lot of evidence which made Mayfield look extremely suspicious. It's admittedly all circumstantial, but Mayfield and his wife had clear ties to Al Qaeda and to terrorist funding groups. He couldn't have made himself look more suspicious if he tried, and there was a lot more to the FBI's concerns than just the fingerprint.

This raises another issue which is at the heart of the War on Terror — the issue of profiling. The FBI was predisposed to believe the fingerprint connection because Mayfield fit their profile for a domestic Islamic terrorist so perfectly. In this case that criterion led them astray, but does it make sense to curtail their ability to identify potential suspects based on their activities because of an isolated error? Might it not be better to be safe than sorry when dealing with potential terrorists?

Certainly, US citizens should not be held for more than two weeks without being charged, and the recent expansions of the government's power to search and wiretap definitely needs to be subjected to court oversight. Mayfield deserved compensation and an apology, and the money should help him continue his challenge to the USA PATRIOT Act. Challenging the government over the constitutionality of the USA PATRIOT Act is an act of patriotism, even if it is inadvertent and Mayfield is motivated more by hatred of the government than by a desire to help keep the nation on course.

So let's salute Brandon Mayfield for fighting the good fight and keeping our government honest, but let's still keep an eye on him and others like him when their actions merit it, so long as it's done with respect for their rights.

Dave Nalle has been a magazine editor, freelance writer, capitol hill staffer, game designer and taught college history for many years. He is Vice Chairman of the Republican Liberty Caucus, working to promote liberty in the GOP. He designs fonts for a living and lives with his family just outside Austin. You can find his writings on politics and culture at Republic of Dave, on conspiracy theories at IdiotWars and on design and fonts at The Scriptorium.
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Justice Served: $2 Million Awarded to Bombing Suspect
Published: November 30, 2006
Type: News
Section: Politics
Filed Under: Politics: Law and Rights, Politics: War and Terrorism
Writer: Dave Nalle
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Comments

#1 — November 30, 2006 @ 08:25AM — Maurice

Good article, Dave. The fact that Mayfield and his wife have clear ties to Al Qaeda makes me think of the Rosenburgs.

I am going to go out on a paranoid limb here: Could he have purposely led authorities to suspect and arrest him for the purpose of attacking the Patriot Act?

#2 — November 30, 2006 @ 08:38AM — S.T.M

Bugger that Dave ... the fact he's got clear ties to al-Qaeda - assuming he really does - then getting arrested, wiretapped and hassled probably goes with the turf.

And if it's true, then he's chosen the turf.

Patriot Act aside, I wonder what the average American taxpayer thinks about giving the bloke 2 huge?

#3 — November 30, 2006 @ 09:55AM — JC

Good grief... I'd gladly spend two weeks in jail as a "material witness" for two million bucks. What's he complaining about? He didn't even lose his "good reputation," since the government is apologizing and now he's semi-famous as a $2 million "victim" of the PATRIOT act.

#4 — November 30, 2006 @ 10:10AM — Limpy [URL]

Isn't he point that while he's a terrorist sympathizer his connections to terrorist groups are more social and political than functional, and last I heard we still weren't prosecuting thought crimes or guilt by association.

#5 — November 30, 2006 @ 10:35AM — Clavos

...last I heard we still weren't prosecuting thought crimes or guilt by association.

Well, from the article, it's obvious we're not; we're rewarding them...

#6 — November 30, 2006 @ 10:52AM — Maurice

Limpy - read up on the Rosenburgs and see how social contacts can lead to treason and death.

#7 — November 30, 2006 @ 13:42PM — Ted

What is the best part is the guy has never been to Spain. All the Feds had was half a fingerprint match and he looked at a travel site about a vaction to Spain. Better yet is his terror ties...there are none..he had a book...on Al Queada if that makes you a suspect than all librians are guilty of terrorism.

#8 — November 30, 2006 @ 14:11PM — Dave Nalle [URL]

Ted, there was a hell of a lot more circumstantial evidence than just a book. You should check out the links in the article.

Hhis wife had donated money to an Al Qaeda funding organization which has since been shut down by the feds, and he had represented a genuine terror suspect in court. Plus his phone records showed calls to the leader of a known terrorist funding group. In addition there were multiple social contacts with Al Qaeda connected people through his mosque and business activities.

Like I said, NONE of this makes him a terrorist, and the same might be said of a lot of prominent US moslems, but added all together it creates a picture which can only be seen as suspicious and troubling, and the kind of thing which would make law enforcement look at him twice. The problem is that they did more than look and came awfully close to trying to frame him for a crime. That's why he gets $2 million and they got off light.

And let me say right up front, that members of my own family likely have all the same circumstantial links in their background - probably far more, in fact. And I guarantee they aren't terrorists.

Dave

#9 — December 1, 2006 @ 16:30PM — handyguy [URL]

Dave, your 'evidence' link points to the blog of Daniel Pipes, not necessarily the most objective of sources. He's a smart guy, but he has in fact also been called an anti-Islam extremist and a propagandist of hate. I'm not saying that's true, but he doesn't seem to be the most fair presenter of evidence and proof.

It reminds me uncomfortably of your dropping hints that "there's a lot more to the Barney Frank story" [the sex scandal for which he was censured], and then primarily sourcing The Washington Times...again, not everyone's first choice among reliable investigative sources, especially of prominent liberals.

#10 — December 1, 2006 @ 22:34PM — Dave Nalle [URL]

Handy, I provided links to two different sources which report essentially the same thing. Only one of them was Pipes. And from what I can see he got his info straight from normal media sources. If you look you can find numerous other links which talk about Mayfield's other activities. This is all stuff that the FBI brought up in explaining why they were suspicious of him beyond just the fingerprint. Like I said, none of them make him a terrorist, they just make him look a bit dodgy, and it's all circumstantial. From what I've been able to tell going through old media archives the primary source for a lot of the facts I reference in the article is the government documents which requested FISA wiretaps on Mayfield, citing the various terrorist connections in question.

And BTW, the fact that something is in a right-leaning source makes it no less true if it's factual and verifiable. And in cases like this where most of the media plays down the details it's only the right-wing sources which will actually give you the whole story. The same may be true on some other issues for the left.

Dave

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