EXTREME PREJUDICE:
THE TERRIFYING STORY OF
THE PATRIOT ACT & THE
COVER UPS OF 911 AND IRAQ
BY SUSAN LINDAUER
CHAPTER 23:
IF AT FIRST
YOU
DON’T
SUCCEED,
SHOOT THE
HOSTAGE
“I’ll be judge, I’ll be
jury,
” said cunning old
Fury;
I’ll try the whole cause,
and condemn you to
death.”
–Alice’s Adventures in
Wonderland,
Lewis
Carroll
The warning shot fired
at my head two days before
Christmas.
On M-1, one of the
prison staff, Dr. Collin Vas,
hustled up and thrust a
paper in my hand.
“Notice of a medication
hearing?”
439 My hands
started to shake. “What the
fuck is this?”
Drugs? But I knew at
first glance. This was
“extreme prejudice” for
sure. If I understood the
intelligence community at
all, a serious attack was
coming.
And with sudden
clarity, I understood why. I
had to grimace.
My upcoming release
posed new threats to the so
far successful cover ups of
9/11 and Iraqi Pre-War
Intelligence. So long as the
Justice Department locked
me up tight in prison on a
Texas military base, the
truth got locked up with me.
But once I got released and
the indictment got
dismissed, that truth would
crash down like an
avalanche on the political
comforts of Washington.
Republicans—and a few big
name Democrats, too—had
staked their reputations on a
massive public fraud about
the “effectiveness” of antiterrorism
policy and Iraq’s
phony lack of cooperation in
the 9/11 investigation. They
had adjusted to that lie most
comfortably. I took that
comfort away.
My threat level had
multiplied in prison. The
abuse I suffered in their
cover up—false arrest and
false imprisonment on the
Patriot Act— showed
deliberate and calculated
malevolence towards our
system of political
accountability. It suggested
premeditated deception
involving top ranking
Republicans. My federal
prosecutor, Edward
O’Callaghan would later
join the senior campaign
staff of John McCain and
Sarah Palin in the 2008
election. The man who
covered up my team’s 9/11
warnings would brag of
advising McCain’s
Presidential campaign on
anti-terrorism policy,
according to his internet
biography.
440
If the corporate media
woke up from its coma, this
would be a hellacious
scandal.
Psychiatry had already
whored itself once to the
White House by pretending
I was incompetent. As
behaviorists, I’m sure they
recognized that once they
sold out their professional
ethics, the second act of
corruption came much
easier—floating the idea
that I should be drugged
until I abandoned my claims
about Iraq and 9/11. I doubt
very much they stopped to
consider how obscene their
proposal really was.
If they hadn’t
considered it, I was ready to
connect the dots for them.
The internal
“medication hearing” was
scheduled for December 28,
2005
441— five days away.
The hearing notice advised
that I was entitled to present
witnesses and evidence
from outside the prison. I
could also call prison staff.
But with such short notice
from Carswell, the week
between Christmas Eve and
New Years would be
impossible to accommodate
my rights, since witnesses
would be traveling for the
holidays. Adding to my
difficulties, I had used up
my phone time. So I could
not contact witnesses until
January 1st, when I got a
new batch of minutes.
Oftentimes an attorney flies
in to attend prison hearings,
as well—a role Ted
Lindauer could have played.
Without delay, I ran to
Dr. Shadduck for an
explanation, along with an
urgent request for a one
week postponement, so I
could pull everything
together.
Shadduck explained
that this “medication
hearing” was the first of its
kind in the federal prisons.
As luck would have it,
the 2nd Circuit Court of
Appeals, which covers
defendants from New York
and New Jersey, had just
handed down a crucial
decision regarding the rights
of federal inmates to reject
drugs in prison. The 2nd
Circuit had ruled that
inmates must have the right
to an internal hearing before
drug recommendations are
presented to the Court.
Through this hearing,
inmates would receive
notification of what prison
staff wanted to do, and they
would have an opportunity
to proffer a rebuttal. Above
all, the Appellate Court
stipulated at length that
inmates have rights at these
medication hearings, chiefly
the right to call witnesses
from outside the prison, and
show any evidence that
supports their cause against
drugging.
It was a critical tool for
prisoner rights, and an
outstanding appellate
decision. I cannot express
sufficient gratitude for the
inmate who fought for all of
us. It must have been a
bitter fight. I was
profoundly grateful for it,
and I wanted to make full
use of it. Indeed, I would be
the first inmate anywhere in
the federal prisons to invoke
my rights under this
decision.
Most significantly, it
afforded me the opportunity
to prove my authenticity to
the wider staff at Carswell,
and debunk the stupidity
and dishonesty of
psychiatry’s attacks on the
superior caliber of my
witnesses. On those
grounds, I explained to
Shadduck that I wanted Ian
Ferguson and Parke Godfrey
to testify by speaker phone.
I reminded Shadduck that
he’d already spoken with
both men, and they
confirmed the salient points
of my work with Dr. Fuisz
and my 9/11 warnings.
There was nothing
delusional about any of it.
Whatever crooked
scheme Carswell hoped to
achieve with this
“medication hearing,
” I
intended to wreck. Other
prison staff would be forced
to confront what Shadduck
already knew. My story was
easily verifiable. Carswell
was up to its eyeballs in a
vicious cover up scheme.
Oh yes, high caliber
witnesses would always be
my best protection, in Court
or in prison.I just had to cross my
t’s and dot all my i’s to
show that I met the highest
standards of proof. They
were playing games.
Obviously I could not afford
to. I had no intention of
relying on the integrity of
the psychology business
after what I’d suffered at
their hands already.
As for my “mental
health” status per se, Parke
Godfrey had been a close
friend in Maryland since
1990, visiting my home
every week, and speaking
with me by telephone two or
three times a week. By
December, 2005, he’d
known me 15 years.
Godfrey was ready to testify
that he saw no evidence of
mental illness or instability
of any kind in my
behavior.
442 That would
certainly make “involuntary
drugging” difficult to justify
over my strenuous
objections. And I had no
intention of going along
with such a thing. I abhor
drugs of any kind. I would
take this fight all the way to
the Supreme Court if I had
to. Even then, I would never
agree.
This testimony
mattered enormously.
My request for a one
week delay was justified to
guarantee fairness in the
proceedings. After the 1st of
January, when I got my new
batch of phone minutes, I
could send for the Andy
Card letters to show my
communications to Andy
Card and Secretary Colin
Powell had been
professional and respectful
at all times— never
threatening or hostile.
Finally, I would submit the
12 months of observation
notes from Family Health
Services in Maryland,
443
which documented that Dr.
Taddesseh saw nothing
wrong with me— “no
psychosis,
” “no depression,
”
“no mood disturbances,
”
“no reason for additional
psychiatric intervention”
That was pretty definitive.
I was confident
Shadduck already had
copies of Taddesseh’s notes
from Maryland. But I
wasn’t taking any chances. I
had to go into this
“medication hearing” with
all my ducks in a row.
It meant a one week
delay, and no longer.
Shadduck refused the
postponement.
I was shocked, frankly
— and worried. This new
“medication hearing” had
been crafted to protect
inmates in circumstances
exactly like mine. By
refusing to accommodate a
legitimate request to call
witnesses and present
evidence, Shadduck was
deliberately thwarting the
2nd Circuit’s intentions. A
one week delay would
hardly drag down the
system—not after three
months in prison, with no
action at all.
For his part, Shadduck
recognized the critical
importance of what
Ferguson and Godfrey
would say to his colleagues.
He wanted their statements
shut out of the prison record
for the same reasons I
wanted them in. He
understood that rejecting
my request for a short delay
would violate the spirit of
the 2nd Circuit decision.
He did so anyway.
Not for the first time I
was reminded how reality
terrifies psychiatrists, and
how fiercely they fight
against it, desperate to
protect their authority in the
courts. Reality goes right
out the window, while
psychiatry labors hard—and
violently— to deny it’s
there.
At Carswell, I coined a
phrase for this phenomena. I
call it “delusional
psychiatry.” It’s the
elephant in any courtroom.
I was right to be
paranoid.
On the morning of the
“medication hearing,
” I was
ready to rumble. Even so I
was aghast to discover the
full macabre horror that
Carswell had schemed up
for me.
Waiting for me was Dr.
Collin Vas and Dr. William
Pederson. Shadduck was not
present.
444
Immediately I was
handed an internal
document titled “Notice of
Medication Hearing and
Advisement of Rights,
” and
instructed to sign it. The
paper left large blanks under
the names of witnesses that
I desired to speak on my
behalf.
445 Carswell wanted
to pretend that I had not
requested testimony by
Ferguson and Godfrey. Dr.
Vas grabbed the paper out
of my hands when I
declared my intention to
insert their names under the
blank witness list.
On the paper, Dr. Vas
wrote for me,
“Ms. Lindauer
refuses to sign,
” with an X
on the signature line.
446
There was no time to
express outrage over such
critical dishonesty.
My attention quickly
shifted to the section of the
paper marked “Reason for
Treatment: Restoration of
Competency, Treatment of
Delusions.”
447
And above that:
“Proposed Treatment: Antipsychotics, Benzodiazepines,
Antidepressants and Mood
Stabilizers.”
448
My jaw hit the floor.
Seizing on the most
important aspects, the list of
drugs for “treatment,
” I
launched my defense with a
strong offensive, pounding
the irrational nature of
proposing treatment for
non-existent conditions.
“I want the record to
show that I have requested a
delay to get witness
testimony, and that has been
refused.” I started off.
“Let’s take a look at
this. I see here that some of
these drugs are for
treatment of delusions? Are
we here to talk about drugs
for me? Or drugs for you? I
ask, because you’re the ones
who appear to be denying
reality in my case.”
My voice dripped with
sarcasm.
“What’s this drug for
delusions?” I demanded.
“Haldol.” Pederson was
tight lipped.
449
“Haldol? To treat
delusions, I see. A
rhinoceros tranquilizer, I’ve
been told.” I forced a smile.
“If you’re really so
worried, Dr. Pederson, I
suggest that you delay this
meeting for a week, so we
can get these folks on the
phone. You can ask them
yourself. Nobody has to take
my word for anything. I’m
quite confident that you’ll
find there’s nothing
delusional about any of it.”
Indeed, testimony by
Parke Godfrey and Ian
Ferguson, via speakerphone, would have smashed
this “diagnosis” in seconds
flat. Session reports by Dr.
Taddesseh at Family Health
Services in Maryland would
have provided another
knockout punch.
“Perhaps you’re not
aware that your colleague,
Dr. Shadduck, has already
interviewed these witnesses.
He’s already verified my
story.
450 Dr. Vas, here,
knows that very well. So I
cannot imagine why you
think I’d go along with
this.”
“Here’s some “reality”
for you, Dr. Pederson. The
Justice Department is
pretending that I’m
incompetent because
Republican politicians in
Washington don’t want to
take responsibility for their
mistakes in Iraq. They want
to blame Assets, as if it’s
our fault that the U.S.
marched soldiers into
Baghdad.”
“You’ve got to love
Washington, though. First
they arrest me for telling
them the war would be
disastrous. Now they’re up
on Capitol Hill holding
press conferences,
complaining that I never
spoke up to warn them off
the invasion. They’re
nothing but god damn
cowards.”
“I think that’s the “real”
reality, Dr. Pederson.”
“Well let me set you
straight: I would never
agree to put psychotropic
drugs in my body to help
out a Republican politician
who got himself in trouble
in Washington. I’m not
going to put poison in MY
body to help out George
Bush or John McCain. No
fucking way.”
I started lecturing them
at that point:
“Whether you talk to
my witnesses today or not,
your staff has already
verified my story.”
“If you go into court,
and submit a falsified report
saying my story was not
authenticated while I was at
Carswell, you would be
committing felony perjury
in a federal court of law.”
“You would be lying to
a senior federal judge. And I
swear before God, I would
make sure you pay for that.
Perjury is a federal crime.
You could go to prison. And
I would not hesitate to
prosecute.” Then I laughed.
“A lot of women are at
Carswell today, because
THEY LIED to a federal
judge or the FBI, too. So
you had better stop and
think about what you’re
doing.”
“If you want my
witnesses to repeat what
they’ve already told
Shadduck, we can make that
happen. I have no problem
with that. I’d love to do it,
in fact!. I wanted to delay
this meeting until next
week, so you could hear
what they have to say.”
“But I’ve already made
them available to your staff,
Dr. Pederson. It’s too late
for you to deny my
authenticity. At this point, if
you falsify claims to the
contrary—if you lie to a
federal judge—you could
face prosecution. Do I make
myself clear?”
They looked at me,
stone-faced and silent.
“Now that we
understand each other, let’s
see this list of drugs you’ve
got. Oh my, antidepressants!”
I started
reading the list of proposed
drugs.
“Prozac.” Dr. Pederson
shot back.
“Prozac! My, my!
That’s a serious antidepressant
alright! How
extraordinary that you think
I should take a very
powerful drug like Prozac
when I don’t suffer from
depression at all!”
Dr. Vas spoke up.
“Maybe someday— in the
future— you might suffer
depression. So this way you
won’t suffer it. You could
be looking forward.”
I reamed him: “Wait a
minute. I don’t suffer
depression in prison, which
has to be the most stressful
and awful experience. Here,
I’m active and motivated. I
work on my case at the law
library. I walk 4-6 miles a
day on the track. I suffer no
symptoms of depression of
any kind. But maybe—
someday in the future—
years from now— we don’t
know when— I might suffer
depression. Someday I
might. So I should start
taking anti-depressant drugs
now?? Do I understand you
correctly?”
Dr. Vas got all puffed
up: “You admit that you
suffered a period of
depression 20 years ago,
when you lived in Seattle.
So you admit that it
happened before.”
I had forgotten all about
that. But I didn’t let up:
“Twenty years ago!?!
You’re not serious? Twenty
years ago I was a kid right
out of college, trying to
figure out my life. I lived in
Seattle, where it rains nonstop.
All the time! Yes, I got
depressed. So I left Seattle.
And I grew up. And guess
what? I stopped feeling
depressed.”
I turned to Dr.
Pederson: “You cannot
seriously think that I would
agree to take Prozac today
because 20 years ago I got
gloomy when it rained in
Seattle? That’s not going to
happen. No. You can forget
about it.”
Dr. Pederson pouted:
“So you are opposed to
drugs. We call it
medication, by the way. And
you’re telling us that you
don’t believe that you need
that, and you’re not going to
take it.”
“That’s right,
” I replied.
“I’m not going to put drugs
in my body for non-existent
conditions. Not Prozac or
anything else! I consider it
irresponsible for any
“doctor” to suggest it, and I
won’t do it.”
“Let me repeat: I will
not put drugs in my body for
non-existent conditions.
Now what’s this other
stuff?”
“Ativan. That’s a mood
stabilizer,
” Dr. Pederson
replied. “It’s for stress.”
“Well, considering that
my only stress comes from
prison, I’m sure I’ll be just
fine once I’m released on
February 3rd
. So the answer
is no. I don’t intend to stick
around long enough to need
Ativan. I haven’t needed it
in the three months that I’ve
been at Carswell. And I
certainly won’t need it when
I go home. I repeat. I am not
going to take drugs for nonexistent
conditions. Not to
save a bunch of crooks in
Congress afraid of losing
the next election. It’s not
going to happen.”
“My witnesses have
already verified my story
for Shadduck. After the first
of January, I’d be happy to
hook you up. That’s not a
problem at all.”
I don’t remember what
else was said, but I’d swear
on a stack of Bibles this
accurately recounts our
battle engagement at this
“medication hearing.” I was
tough all the way through.
Friends, this was as bad
as it gets. I went back to my
cell shaking in fear, as I
crawled into my bunk.
Haldol? Prozac?
Ativan?
I finally understood
what three months locked in
prison on a Texas military
base had not convinced me.
The Justice Department, the
CIA and the White House
seriously wanted to destroy
me. They had no intention
of letting me go. I didn’t
know how they could rig the
system to hold me. But this
was scary stuff. I gave
thanks that I’m a tough
street fighter, and fast
thinking on my feet.
But that day I was
blinded by the light.
I confess there’s
something about “extreme
prejudice” that doesn’t sink
in until you face the
brutality of it full force.
“Extreme prejudice” shoots
for absolute physical
destruction and spiritual
annihilation of the
Intelligence Asset—the
death of body, mind and
soul.
Trying to chemically
lobotomize an Asset
certainly qualifies as
“extreme termination.”
When they come at you
like this, they pull every
dirty trick in the book. You
have to take every dirty
punch. And you have to
fight. And fight. And fight.
Because if you stop for
anything— to cry or
complain that it’s not fair—
they will take you out.
That’s the whole point.
And they are bigger, better financed, more powerful and absolutely fucking corrupt. More than anything, they are unashamedly corrupt.
It’s a dirty fight until
you’re down.
But you have
advantages, too. You are
small. You can pivot in your
strategy. And the old
intelligence rule still holds:
Everything that comes at
you is either a weapon or a
tool.
To fight back, you have
to keep hold of your wits,
and you have to build a
counter-strategy and take
them on proactively. You
cannot afford to be reactive
or passive.
One thing more, not
everybody opposes you. In
an intelligence war, there
are always factions. In
“extreme prejudice,
” one
faction holds superior force
— for the moment—like the
pro-War camp in the
Republican Party, which
supported the selfish and
malicious Iraqi Exiles on
Capitol Hill. And they take
no prisoners.
However, they are most
likely to shoot the hostage
in “extreme prejudice”
when they are going down
or about to fall. That’s when
they fight dirtiest. That’s
when they’re most sensitive
about their vulnerabilities.
They’re still at peak. So
they can attract weak allies,
like corrupt prison
psychiatrists willing to
prostitute their credentials
for a few bucks, and get
their hands dirty.
For a moment those
psychiatrists got to play in a
real intelligence game. But
that’s not their world. They
are pawns. They don’t
recognize how the
pendulum swings back the
other way— the sword of
Damocles, as I call it. When
it comes back, they’re out in
the open, and the forces that
gave the kill order have left
them high and dry.
Other factions hone in
on that. So you’re out there,
fighting alone, and
somebody behind the scenes
recognizes the tides are
turning, and they throw you
a wrench, so that you can
wage a stronger battle.
You keep fighting
alone. But now you’re
fighting with a wrench.
Even so, you can’t flinch.
You have no choice but to
take every dirty blow.
Once extreme prejudice
came into play, I was
fighting for my life and to
protect myself from a
chemical lobotomy, which
this cocktail of super potent
psychotropic drugs (Haldol,
Ativan and Prozac)
definitely intended to
inflict. Secondarily, I was
fighting for my freedom, to
get out of prison. Protecting
myself from drugs was my
greatest priority, however,
without question.
Calling me
“incompetent,
” ironically,
meant nothing to me. Sticks
and stones, baby. Smear
tactics don’t work on me.
Notoriety doesn’t frighten
me, or I could never have
dealt with Libya and Iraq—
or the CIA— in the first
place. No insult by a
psychology freak ever
mattered to me. Reputations
are for sissies in games like
this.
What terrified me was
the threat of forcible
drugging. I abhor drugs. I
consider that my brain and
my consciousness are
precious gifts, and I would
not destroy or alter my
thinking and the
magnificent working of my
mind or soul for anything in
the world.
That was unacceptable
to me.
I would come out of
this fight standing or dead.
There was no middle
ground.
That first morning, I
made a critical decision. I
would not allow them to kill
me. And I would not
accommodate them on any
level in this terrible game.
As the fight continued, my
strength would ebb and
flow, but my knowledge and
confidence of who I am
would grow stronger,
because to wage this battle,
I had to know who I was. I
had to believe in who I was.
And from that moment, the
illusion of their power to
decide who I was, was lost.
They couldn’t take away my
identity, because so long as
I stayed alive, I was my
identity.
Deep in my gut I
understood that if I could
survive this brutality, once
the pendulum swung back, I
would be resurrected. The
truth that I carry would stay
constant and unyielding, no
matter who controlled the
White House. This truth
mattered—or Republican
leaders would never have
fought so violently to
destroy it.
Many times at Carswell
I murmured a prayer by the
great Rev. Martin Luther
King. “The arc of the
universe bends towards
justice.” Over and over
again.
A chemical lobotomy,
however, would be living
death for me. It was too
grotesque to contemplate.
And so, while I waited,
tense and frightened, for
Carswell’s internal decision
on “involuntary drugging,
”
as they were now calling it,
I could not help but consider
the powerful forces arrayed
against me. My adversaries
were powerful, indeed.
My own cousin, Andy
Card served as Chief of
Staff to President Bush all
the time I was locked up at
Carswell. I often thought of
Secretary Colin Powell,
stumping on CNN to wash
the blood and dirt off his
reputation.
The only thing more
dangerous than “delusional
psychiatry” turned out to be
“delusional” White House
officials and Congressional
leaders so desperate to hold
onto power that they denied
responsibility for their own
hellacious stupidity. They
lacked the courage and
integrity to take
responsibility for their own
decisions. They had to
destroy me to obliterate
evidence of their weakness.
Shortly after my
release, John McLaughlin, a
powerhouse Washington
journalist and host of the
McLaughlin Group,
lamented how the White
House and Congress created
“a virtual reality about
Iraq,
” and fought
desperately to attack
anybody who threatened to
expose the cracks in their
reality.
I was not alone in
recognizing the “group
psychosis” seizing the GOP
war camp.
Unhappily for me, my
case tossed together
“delusional psychiatry” with
“delusional War policy—”
And the crazies in Congress
held the balance of power so
long as I remained in prison
and under indictment.
I was Dorothy lost in a
Land of Oz created by
White House Wizards. The
fact that I was right meant
nothing. They could not
allow Dorothy to pull back
the curtain, and show that
all of their spectacle and
glitz was a bunch of circus
tricks. They were so
vulnerable and weak. They
could not tolerate the
smallest person poking at
them.
Once little Dorothy
entered the stage with Toto,
the Wizard of Oz was
finished. Republicans in
Congress recognized that
little Dorothy might quickly metamorphosis into Susan
Lindauer.
I thought about all of
these factors as I waited
anxiously for Carswell’s
internal decision on
involuntary drugging.
Thinking proactively, I
began mapping a strategy
for appeals if they
attempted to carry out this
terrifying threat.
My heart was pounding
when prison staff thrust the
internal staff decision under
the door of my prison cell.
I ran to grab it, and
flipped anxiously through
the pages to the end of the
report, my heart thumping
fast and hard.
“Involuntary
medication not
approved.”
451
I gasped. I had won this
round! I laughed deliriously
and hugged my cellmates. I
danced around our cell,
jumping up and down like a
kid. I was elated.
When I calmed
down, I examined
the internal report
more carefully.
[ See Appendix]
On page 4, the
hand-written
“Summary of
Evidence” stated
the following:
452
“Lindauer reported she
was against medication of
any kind, including
psychotropic medication.”
“She denied
the possibility of
mental illness,
once again
reporting in detail
her belief that the
government is
having her
detained because
she represents a
threat to the
Administration
due to her
differing beliefs
about their
policies on Iraq.
She states she has
been a
government agent
for 9 years
working in “anti
terrorism.”
“Lindauer
denied any wish to
hurt her or others,
and denied any
history of
aggressive
behavior.”
“The
document is
signed by William
M. Pederson, MD
and Collin Vas,
MD.”
There was no ambiguity
in that hand-written memo.
The summary provided
damnable and irrefutable
evidence in itself of the
Bureau of Prison’s logic and
rationale for “treatment.”
Harsh psychotropic drugs
had one single purpose— to
“cure” my beliefs that I
worked as a U.S.
Intelligence Asset.
No other evidence from
Carswell was offered to
justify drug treatment. Staff
described no depression, no
weeping or hysteria, no
behavioral problems dealing
with guards or other
inmates. There was no
mention of hallucinations or
hearing voices, or
suggestions that I suffered
disjointed thoughts, and
showed poor cognition
skills.
No, the rationale for
psychotropic drugs was
strictly to “correct” my
claims of working as a
“government agent for 9
years in anti- terrorism.”
Carswell suggested drugs
would be necessary to
“cure” my “detailed belief”
that the government was
prosecuting me for
dissenting from Republican
policy on Iraq.
There was just that
small pesky problem. My
story happened to be true.
And they all knew it.
Even the corporate
media had acknowledged
from its coma that the
White House had a fondness
for punishing dissension to
protect its War policy. And
now Carswell had made a
play straight out of Soviet
psychiatry in the Cold War.
My strong offensive at
the internal “medication
hearing” stopped them.
When I saw that document
however, and I saw the
desperation and illogic
behind it, I knew that prison
staff would not stop trying.
They hadn’t figured out how
to do it yet. But it seemed
doubtful that they could
resist looking for another
way.
Under a second page of
the report, there were boxes:
Had the inmate
requested witnesses? Dr.
Pederson marked “No.”
453,
454
Liar!
Under the second box
marked “Evidence
Presented,
” there was a
category for “Statement of
witnesses.” He checked off
“Not applicable.”
455
Bastard liar!
That told me a lot.
Carswell would not
acknowledge my witnesses,
even if falsifying a report
amounted to perjury in
federal court—which would
be a punishable felony.
Well, they’d been
warned.
I took a deep breath. I’d
won this round!
If it was only up to
prison psychiatrists, the
question of involuntary
drugging had been decided.
I had won the argument.
They couldn’t pull it off.
But I was sure that if
the White House or the
Justice Department
intervened from outside the
prison, this attack would not
stop.
I was willing to bet it
would get really ugly.
On January 1st
, I called
JB Fields and told him that
it looked doubtful that I
would be coming home on
February 3rd
.
Sometimes it helps to
be paranoid.
CHAPTER 24:
CORRUPTION
AT
CARSWELL
All that is necessary for
the triumph of evil is that
good men do nothing.
–Edmund Burke
Something more
sinister was happening at
Carswell than prison rapes
and withholding health care
from very sick inmates— as
if that wasn’t bad enough.
Much worse, the prison
had a history of refusing to
release women inmates after
the completion of their
sentences, on the most
flimsy grounds.
It happened more often
than anyone would like to
think.
The first time I
witnessed it, I could not
believe it myself.
A woman prisoner from
Chicago had won a
tremendous victory in the
United States Supreme
Court. She’d filed what’s
called a “pro se” appeal,
meaning that she prepared a
legal brief by herself
without an attorney’s
assistance. She challenged
her conviction and
sentencing alone.
That the United States
Supreme Court took up her
appeal at all was quite
impressive in itself. No
matter the merits of a case,
there are umpteen thousands
of appeals that never get
heard, most filed by
experienced attorneys, let
alone those submitted “pro
se” by defendants. From out
of that multitude, the
Supreme Court chose her
case for review.
More impressively still,
the Supreme Court granted
her appeal, striking down all
or part of her conviction,
with a declarative order that
she should be released from
Carswell immediately.
That’s a tremendous
victory for any defendant,
manna from on high! It’s
what we prisoners dream of,
getting our day in the
Supreme Court—and
winning! It almost never
happens. Even if a Supreme
Court Justice agrees to
review a petition, at best
you hope that parts of it are
accepted. In her situation,
the Supreme Court Justice
accepted her argument in
total. And she wasn’t sent
back for re-sentencing. The
Judge expressly ordered her
to be freed with time
served!
I read it with my own
eyes.
So what do you think
happened to this woman
who’d just triumphed at the
Supreme Court of the
United States, getting her
conviction and sentencing
overturned?
Given Carswell’s
history of dealing with other
appellate court rulings and
federal judges, do you think
prison staff gave a damn
what a Supreme Court
Justice had to say?
They didn’t care what
the 2nd Circuit Appellate
Court had to say about
inmate rights at “medication
hearings.” They didn’t care
what federal judges had to
say about the rights of
prisoners to have sleep
apnea machines, or access
to heart medication for postsurgical
recovery. Prisoners
have died, because Carswell
flouted federal court orders.
And so, horribly
enough, Carswell Prison
refused to let this woman go
home.
She had filed her appeal
“pro se,
” so she had no
attorney on the outside to
enforce the Supreme Court
order on her behalf. Instead,
Carswell sent a message to
all those other women
inmates who might think
about filing appeals, too. It
wouldn’t do any good.
Carswell prison staff would
mete out punishments. No
outside court authority, no
Federal Judge was going to
contradict them.
If a defendant had a
court order from the United
States Supreme Court itself,
Carswell would not be
compelled to obey it.
And so, while the
Supreme Court ruled in her
favor sometime in
November, Carswell poohed
and pouted about filing the
paperwork for her release,
dilly dallying with the
central Bureau of Prisons
until mid-April.
She suffered an extra
five and a half months of
prison detention.
With a Supreme Court
decision in her hand, carried
from office to office, never
leaving her person 24 hours
a day, that freed woman
could not leave the prison.
One prison staffer
snidely told her that “when
she got to Washington, she
could complain.”
Unconstitutional?
Without question. On all
counts, it was despicable
and corrupt. That’s
Carswell, in a nutshell.
Flouting a direct
Supreme Court order wasn’t
the only example of
Carswell manipulating
procedures in order to deny
prisoners their freedom at
the end of a sentence.
The case of Kathleen
Rumpf, a Ploughshares
activist and Catholic lay
worker, exposes another
way that Carswell routinely
skirts the courts, in order to
hold prisoners after their
release dates. Rumpf spent 8
months at Carswell for
“rewriting the welcome sign
for the School of the
Americas at Fort Benning,
Georgia, to read “School of
Shame.”
456 The School of
Americas is also called the
“School of Torture” by
peace activists, because its
graduates include members
of the violent juntas of Latin
America, famous for
murdering intellectuals and
political dissidents.
For messing up the
sign, Rumpf and four fellow
Ploughshares activists each
got sentenced to one year in
prison and fined $2,000.
On the day of her
release, other peace activists
gathered at the prison gates
to celebrate. “West Wing”
actor, Martin Sheen, a
Ploughshares activist with
58 arrests in his own right,
flew in from Los Angeles to
welcome Rumpf home.
457
Carswell Prison
Warden, J.B. Brogan, didn’t
like those rabble-rousers
outside his gates. He
decided that Rumpf would
be ordered to sign a
promissory note for the
$2,000 fine—or else she
would be held “indefinitely”
at Carswell. As part of the
promissory note, she had to
agree that if she could not
pay the fine, she would be
subject to re-arrest and sent
back to prison.
458
Rumpf, who lives on
Social Security disability,
refused on the grounds of
poverty.
Very well, Brogan
refused to grant her release.
She would stay at Carswell
until she worked out her
finances.
Maureen Tolbert,
Rumpf’s attorney, called it
“unconstitutional,
” pointing
out that the obscure federal
statute “basically allows
prison officials to resentence
someone who has
already served his or her
time.”
459
Carswell is one of the
very few prisons that
enforce this mostly
unknown twist in the legal
code. When women
prisoners can not pay court
fines, Carswell continues
their detentions until family
or friends post the money on
their behalf. If they can’t
pay, because they’re alone
in the world, often times
they don’t go home at all—
though the prison sentence
has been completed. If they
promise in desperation to
meet a payment schedule
and break it, they are
subject to re-arrest and
indefinite detention.
No Judge oversees the
extended imprisonment. The
Warden makes the decision
without Court consultation.
There’s no hearing, no right
to an attorney, nor any time
restraint on how long the
Bureau of Prisons can hold
prisoners who don’t sign the
agreement—even if they are
desperately honest that they
can’t be sure how they
would honor it. Most ex-cons
are incredibly poor,
with limited job prospects
after prison. An agreement
like this poses serious
burdens as they try to
reintegrate with society. It
could even force them to
commit more crimes, so
they could pay the prison
bill.
As Rumpf discovered
the hard way, that’s a matter
of habit at Carswell. In her
case, friends paid the fine
on her behalf. She stayed in
prison an extra two days.
Others are not so lucky, and
their release gets delayed
much longer, sometimes for
months. It’s prison gossip,
when it happens. And it
happens more frequently
than anyone wants to
imagine.
The Story of Neeran
“Nancy” Zaia
Politics guides so many
decisions at Carswell. But
the fates often have a tragic
sense of humor, as well.
As it turns out, I was
not the only prisoner with a
case tied to Iraqi War
politics who arrived from
Washington on October 3rd,
2005. An Iraqi émigré
named Neeran “Nancy” Zaia
got shipped to Carswell for
an extensive psychiatric
evaluation, too.
Our friendship was
more extraordinary because
our cases proved antithetical
in all ways. While I got
accused of acting as an
“Iraqi agent” on behalf of
Saddam Hussein’s
government, Nancy Zaia got
indicted for trying to help
other Iraqis escape
Saddam’s religious and
political persecution before
the War.
She denied helping
anyone enter the United
States illegally. What she’d
done was help families of
Iraqi Chaldean Christians
secure proper visas from
Jordan to the nation of
Ecuador, about 200 in all.
The visas were legally
acquired from the Embassy
in Amman, as part of a
policy to encourage wealthy
Iraqis to establish residency
in that impoverished Latin
American country.
460
The Justice Department
claimed some of those Iraqi
refugees kept moving
northward after arriving in
Ecuador. About 40-50 of
those Iraqis ended up in the
United States, including
infants and children. Nancy
swore that she had nothing
to do with that. She had no
contact with the Chaldean
families after they left
Jordan. However the Justice
Department insisted that she
should be responsible for
their final destination.
Nancy’s attorney argued the
U.S. was running
interference in Ecuador’s
visa policy. Her defense
claimed the arrest was
extra-territorial, in attempt
to strong arm Ecuadorean
officials into reconsidering
their friendly immigration
policy towards Iraqi
refugees. It reflected
American paranoia after
9/11. But it had nothing to
do with her actions.
The hypocrisy in Zaia’s
case was that Congress cited
Saddam’s torture practices
as justification for the War.
If that moral outrage
had been authentic, Nancy
Zaia should have been
praised as a hero— not
imprisoned as a criminal.
Nancy Zaia had been
sent to Carswell for a
psychiatric evaluation
because Saddam’s security
forces had tortured her in
Baghdad. She claimed that
Iraqi Intelligence hanged
her 3 year old son by his
throat with a rope from a
ceiling fan, and turned it on,
so that the fan blades started
rotating.
Then, one of the men
took a butcher knife and
started slashing the blade at
the screaming, choking
child. Nancy kept grabbing
for the toddler. Trying to
shield her little boy from
the knife, she got slashed
herself.
She had a 10 inch
jagged scar on the inside of
her arm to prove it.
Nancy Zaia was also
forced into an arranged
marriage at age 13, with a
much older Kurdish man
involved in the Northern
Resistance movement. He
had raped her repeatedly
throughout her teenage
years. When she fled Iraq
with her young children, she
was fleeing an abusive
(mostly absent) husband,
and the political troubles
that his resistance work
caused for her family. When
Saddam’s security forces
could not lay hands on him,
they were not above
inflicting pain on her.
Her attorney argued that
those facts of her life in Iraq
should be given substantial
weight in the proceedings.
And so it was that
Nancy Zaia and I arrived
together at Carswell the first
week of October, both of us
arrested for political reasons
that exposed the illogic of
the government’s position
on Iraq, and both of us
subjected to the shenanigans
of prison psychology at
Carswell.
Unfairly, both of our
psych evaluations had
strong political overtones—
in opposite directions.
While I believe that I
showed myself fully capable
of assisting my defense, it
would be difficult to make
the same arguments about
Nancy. At the first mention
of Iraq, she would become
so emotional, paranoid and
overstressed that she could
scarcely participate in a
rational conversation for 10
minutes to discuss her
defense.
Twice her attorney flew
in from Washington. Nancy
hid from him on both visits,
because she couldn’t handle
a simple attorney
conversation about the
charges against her. Guards
searched for her
everywhere. Our circle of
inmates found her curled up
on the floor of a bathroom
stall in a fetal position. She
was lost in memories of
Saddam Hussein and her old
life in Iraq. She couldn’t get
past that pain. It’s doubtful
that Nancy could have sat
through a trial without an
outburst, screaming in
Arabic at the Judge and
jury. Seriously, I could
imagine her suffering a
heart attack during trial.
Even dealing with me
as a friend, she was subject
to bursts of paranoia about
my arrest as an “Iraqi
Agent” that would stop her
from speaking with me for
days.
Nevertheless, in the
highly politicized world of
psychiatry at Carswell,
Nancy’s evaluation flatly
refused to acknowledge her
incapacity to contribute to
her defense. Carswell
decreed that Nancy Zaia’s
refugee status, and her
personal comprehension of
the suffering of Chaldean
Christians in Iraq and the
brutality of Saddam
Hussein’s government, had
no impact whatsoever on
her actions. The personal
oppression that she’d
suffered as a 13 year old
victim of spousal rape by a
35 + year old man was
completely irrelevant. The
attack on her children by
Iraq’s Secret Police, the
“Mukhabarat,
” should have
no weight in Court.
According to Carswell,
she experienced no
irrational outbursts or
paranoia that impacted her
ability to assist her defense.
It’s questionable how
much of the court
proceedings Nancy
understood, given her wild
volatility. She was deeply
paranoid and prone to
hysteria. She saw all events
through that prism. During
our months together on M1,
we walked hundreds of
laps on the outdoor track,
talking about our families
and legal cases. Notably,
she told me that Carswell
offered her a finding of
“competence” in exchange
for a guilty plea, with time
served. Carswell promised
that she would go home to
her family. They pushed
Nancy hard, knowing she
could not handle a trial,
because of her explosive
emotions on the subject of
Iraq.
Complicating the
matter, the fear of rampant
abuse on M-1 hung over all
of us. All of us were
terrified of what we saw
psych staff do to other
inmates. Not surprisingly,
Nancy was afraid to press
for a finding of
incompetence, though she’s
one of the few inmates who
I thought qualified for it.
Almost nobody else had
justification that I saw.
After I left, Nancy got
stamped competent, in
exchange for that guilty
plea.
Only somewhere along
the way, Carswell pulled a
double-cross. It’s unclear
how it happened—Nancy
could not explain it later,
when my brilliant attorney,
post-Carswell, Brian
Shaughnessy contacted her
in prison, at my request.
Somehow, after dangling
time served in front of her
while I was at Carswell, her
choices changed starkly.
The Justice Department
recommended a 15 year
sentence, which Nancy felt
compelled to accept.
461
I
was horrified when I heard.
They told her she could
have a 10 year sentence, if
she agreed to deportation
back to Iraq. But by now
she’d lived in the United
States 25 years. All of her
children and grand children
are here. She accepted five
extra years in prison so that
she wouldn’t have to relive
her trauma in Iraq. That
says it all.
By any measure, 15
years was excessive. She got
much tougher sentencing
than “coyotes,
” who run
hundreds of illegal
immigrants from Mexico to
Texas and California. Only
about 50 Iraqis entered the
United States illegally,
including children and
infants, and her guilty plea
declares that she only
arranged for their passage to
South America—which was
handled legally.
462
I can
only say that I watched
Carswell play head-games
with Nancy, manipulating
her past emotional traumas
to get the guilty plea. Then
they nailed her after she
agreed.
But was she competent
to accept the deal? I
seriously question it.
All of the arguments to
defame my competence
absolutely applied to her.
Nancy was so paranoid and
explosive that she could not
sit in a room with her
attorney for an hour to
discuss her legal strategy.
She’d crawl into a fetal
position and hide in the
bathroom. Yet the same
prison staff who declared
me “unfit for trial,
” swore
that Nancy was competent
to accept a guilty plea.
Go figure. That’s the
nature of psychiatry at
Carswell —inconsistent,
political and irredeemably corrupt.
The Question of My
Competence
Then, of course, there
was me.
Brass tacks— Was I
actually incompetent?
Given my bona fides, it
begs the question: Are those
the actions of an
incompetent Asset? Is it fair
to suggest that an Asset who
warned about 9/11 and the
bombing of the U.S.S. Cole,
and the 1993 World Trade
Center attack; who started
negotiations for the
Lockerbie Trial with Libya,
and the return of the
weapons inspectors to Iraq,
had performed poorly in this
role?
Would the CIA tolerate an Asset to function as a back-channel to Libya and Iraq for 8 years, if that individual was untrustworthy analyzing trends and anticipating events? Given the advanced, proactive requirements for even the most basic intelligence work, does that make sense? Much less that my contacts involved the most volatile region of the world? And my work targeted nations considered potentially hostile to U.S. interests?
I think that’s very doubtful. Crazy like a fox, maybe, and non-conformist in my political viewpoints, definitely.
I’ve always believed that you’re judged by the strength of your enemies. Mine included Dick Cheney, Colin Powell, Senator John McCain, Senator Trent Lott, Andy Card and Alberto Gonzales.
How flattering.
But was I really “incompetent—” as Republican leaders in Washington claimed, when I put together a message data base for all House and Senate offices—including every Chief of Staff, Legislative Director, Press Secretary and Foreign Policy assistant—Democrat and Republican alike? 463
Was I “incompetent” when I warned about a $1.6 trillion dollar price tag for the War and Occupation of Iraq, and how that would financially stress Wall Street and America’s national debt? 464
Or when I foretold the rise of Iran as a regional powerhouse?
Or when I predicted the rise of charismatic Al Qaeda leaders inside Iraq, and the flourishing of terrorist cells, in a violent backlash against the Occupation?
Or when I forecast that forces of democracy would transfer power to Islamic fundamentalists, away from moderate Arab governments?
Those rose petals died awfully fast in the desert sun, just as I forecast.
Was that incompetence on my part?
Or was I scapegoated for somebody else’s mistakes?
In 2007, the Senate Intelligence Committee cited specific warnings identical to mine, in declaring that reports from January, 2003 qualified as one of the “few bright spots” in Pre-War Intelligence. 465 They called it “outstanding.” I campaigned on every single one of those arguments cited by the Senate. I was so aggressive, in fact, that the Justice Department cited my January, 2003 warnings to Andy Card and Colin Powell, 466 as grounds for my indictment.
In 2007, Senator John Warner of Virginia called the substance of it “chilling and prophetic.”
In 2004-2006, it was called “treason.”
And I got condemned of “incompetence.”
Could psychiatry really be so corrupt? To put it bluntly— yes.
I had watched other women come in for psych studies, and leave after six or seven weeks. That’s all it took for these evaluations. There wasn’t much to it. Prison staff would interview us two or three times, typically. Then they’d speak with a couple of outside sources, like Ian Ferguson and Parke Godfrey.
If there was a previous psychiatric history, Carswell would review it. In my case, that would be Dr. Taddesseh in Maryland, who documented that he observed “no psychosis, ” “no depression” and “no mood disturbances” in my behavior. His year’s worth of observations finished six months before I got sent to Carswell, so it was quite recent. I had a clean bill of “mental health” before I got to prison. 467
Prison conversations with loved ones at home, and a generous outpouring of letters from loyal friends showed that I had good relationships throughout my life. Phone conversations with JB Fields revealed a healthy and mutually supportive relationship. I am not drawn to abusive or violent men. Likewise in prison, I was not socially isolated from other women. Quite the opposite, I quickly made friends on M-1, though inevitably some got transferred back to court for sentencing, or sent home after psych studies. I got left behind. That’s how prison works.
I required a subpoena to get my hands on observation notes by social workers and activity coordinators, who saw me daily on M-1. But when I succeeded, I found them highly informative.
Without exception, staff notes were brief and positive. Every monthly report declared that I “socialized well, ” with “good intellectual functioning, ” and “good physical health.” 468
Shadduck and Vas and Pederson could hardly complain about that, could they?
Staff notes said, “Ms. Lindauer is functioning well on the unit.” 469
Other handwritten notes 470 said, “Functional and not a behavioral problem.” That was underlined by M-1 staff.
Another staffer wrote, “Not a problem when confronted about anything.”
Another guard wrote, “She is low key and cooperative. Cares for self, good hygiene. Zero behavioral problems. She is focused on getting a trial.”
Another wrote, “Pleasant, appropriate appearance, clear speech, good eye contact.”
Another wrote, “Cheerful and cooperative.”
And another, “Calm, pleasant, appropriate grooming. Good eye contact.”
And another, “Pleasant, smiling, appears to be happy, cooperative.”
By December, Carswell’s goal for “restoring competency” was that I should “A: Explain clearly the pros and cons of legal options within 90 days.” 471
And “B: Demonstrate the ability to work with (my) attorney in a rational manner within 90 days.”
Nothing in those staff notes described behavioral problems that justified forcible drugging. Or voluntary drugging for that matter. It was medically absurd—like psychiatry itself.
As a precaution, I signed every monthly report with a written declaration that Carswell should get on the ball interviewing my witnesses to verify my story. 472 Clearly I understood that the Court required independent sources to authenticate my claims. I was anxious to provide those assurances. With my signature, nobody could say I hadn’t lobbied hard to get it done – hardly the act of a defendant who expected the Courts to take my word for everything. 473
Sure enough, when Shadduck finally got around to questioning Ferguson and Godfrey, my story checked out.
Even Carswell was compelled to rule against “involuntary medication, ” after the internal hearing. 474 There was no medical basis for it.
Any other inmate would have gone home after that, or back to court, whereas I faced a hard reality that the Feds intended to hold me for the full 120 days allowed by federal statute. This would be my only prison time. The Justice Department wanted to squeeze every possible day out of me. I had to cope with that.
One more thing protected me. Or so I believed.
I had a fail safe option, a statutory right to a hearing before the decision on competence got finalized. Federal law guarantees the right to call witnesses and show evidence opposing psychiatric evaluations. 475 Courts are never supposed to rule on competence without due process. That’s a flagrant violation of an individual’s rights.
My story illustrates poignantly why those rights should be held sacrosanct.
To protect myself, I buckled down at the prison law library and read up on the law. I also filed a “pro se” request for a hearing with a list of witnesses, according to all the requirements of the law. My request was registered in an appropriate and timely manner.
I clung to the promise of that hearing like a sacrament. Truly I believed that I was covered on all fronts, whatever followed.
As part of a competency review, it’s standard practice to assess whether a defense attorney might be shrugging off a complex case by using an incompetence defense. From the first in-take interview, Carswell staff honed on my public attorney’s difficulty maneuvering the morass of my legal situation.
From my first days on the SHU, Carswell was informed that Uncle Ted felt compelled to interview strategic witnesses, because of Talkin’s bumbling. Ted himself forcefully assured prison staff that he had personally investigated my story, and I checked out. 476
In prison phone calls, Ted emphasized that he was reading up case law on psychiatry. By all objective measures, he was fiercely devoted to watching over me.
The need for legal intervention by a family member should have set off alarms over whose competence should be questioned— mine or my public attorney’s. Even Judge Mukasey was aware that it had been necessary to seek a family member’s help.
Under normal circumstances, questions about an attorney’s performance would disqualify an incompetence defense automatically. In my situation, however, Talkin’s fumbling was carefully overlooked.
Ominously for my legal rights, by 2006, the United States and Britain were officially losing the War in Iraq. Insurgents had seized control of the chaos, and threatened to fragment the country in a violent bloodbath that polarized Shi’ite- Sunni relations from north to south. As battlefield casualties mounted, frothing on Capitol Hill reached new heights of fever over the failures of Assets involved with Pre-War Intelligence.
Politicians liked that story. They liked it very much.
From a psychiatric standpoint, Capitol Hill was suffering a major “psychotic breakdown.” Congress aggressively labored to reinvent themselves as the victims of deceptive intelligence practices to escape the fury of voters. Not surprisingly, the facts about Pre-War Intelligence are vastly different than what politicians in Washington told Americans and the international community.
And so the Justice Department got its marching orders: Nothing and nobody would be allowed to challenge the story that Republican leaders were selling to the American people. That was the “reality” that mattered at Carswell.
And so Carswell psychiatrists set about constructing a whole new reality of my work as an Asset that protected political interests in Washington—a game that pretended I suffered a “psychotic disorder not otherwise specified.” 477
It’s doubtful I was ever “incompetent” or “psychotic.” All those months, I showed no “symptoms of mental illness”—except post traumatic stress triggered by the Justice Department’s refusal to end my imprisonment on my release date. 478 That’s a fairly sane response to the events, I’d say.
My judicial abuse provides striking evidence of a leadership breakdown in Washington. For all the falderol, Congress failed badly to provide support and oversight protections for me as an Asset.
Where was the Senate Intelligence Committee when an Asset needed them? Or the House Judiciary Committee, for that matter? What about my old boss, Senator Ron Wyden? Or Maryland’s Senator Barbara Mikulski— Both serve on the Intelligence Committee.
Why didn’t any of those powerful Senators take action to protect a woman Asset who came under attack for claiming to be a woman Asset? As if it was laughable that women could do such work. All of Congress bragged about its “outstanding leadership support” for the antiterrorism work that I devoted 9 years of my life to performing. This was the time to prove it.
So why did nobody help me?
Infamously, one morning I challenged one of the psychiatrists that Carswell should expect a hard hitting Congressional investigation of the abuse I suffered in their prison.
The man laughed in my face: “They don’t care what happens to you. Nobody’s going to help you. They’re quite pleased with the way we’ve handled this.”
If so, it was a terrible judgment call. My imprisonment set a dangerous precedent in the intelligence community. It borrowed the old Soviet game plan from the Cold War, punishing Assets for knowing “inconvenient truths, ” and viciously trying to “correct” my thinking, in order to cover up their own political mistakes.
The question was, how low would Republicans sink?
The answer was, as low as possible. They would inflict as much damage as they could get away with.
Everything depended on Judge Mukasey. Ted Lindauer swore that Judge Mukasey was nobody’s fool. He wanted a vehicle to end the case, Ted speculated. But he’d see what they were up to. This incompetence strategy was what Talkin handed him. That’s what the Court had to work with.
Really though, I had no idea what to think.
According to federal law, the maximum detention for a competence evaluation is 120 days—and no longer. 479 After 120 days, if a person shows no signs of violence towards himself, others or property, he or she must be released back to the community. That’s plenty of time, by the way. Most psych studies can be completed within 60 days, unless it involves a drug detox.
That should have put me outside the prison gates on February 3, 2006—and not one day later, according to federal law.
Grimly, I waited.
As my big day got closer, other women inmates began to notice that basic steps for my release were not taken. There started to be whispers on M1 that something wasn’t right. That kind of prison gossip travels fast.
And so the day of my release approached.
February 3rd started like any other day. There were no goodbyes the night before, a prison ritual with prayers and hugs for those left behind. No staff woke me before dawn to usher me quietly out of the prison before other inmates woke to see me go.
With quiet stealth, the Bureau of Prisons website reported that my release had been postponed “indefinitely.” 480
Back home in Maryland, friends and family finally panicked. They could not believe what had just happened.
Locked inside prison on a Texas military base— an accused “Iraqi Agent—” I was terrified.
to be continued....
notes
CHAPTER 23
439. Notice of Internal Medication Hearing. Carswell Prison. Signed December 23, 2005.
440. Biography of Edward O’Callaghan. Law Firm of Peabody and Nixon. 2010.
441. Ibid. Notice of Internal Medication Hearing. Carswell Prison. Signed Dec 23, 2005.
442. Ibid. Testimony of Parke Godfrey, Southern District of New York. June, 2008.
443. Ibid. Monthly reports of observation filed by Dr. Bruke Taddesseh, Family Health Services. March, 2004 through March, 2005.
444. Participants listed as Dr. William Pederson and Dr. Colin Vas. Internal Medication Hearing. Carswell Prison. December 28, 2005.
445. Internal Medication Hearing. Carswell Prison. December 28, 2005.
446. Ibid. Internal Medication Hearing. Carswell Prison. December 28, 2005.
447. Ibid. Internal Medication Hearing. Carswell Prison. December 28, 2005.
448. Ibid. Internal Medication Hearing. Carswell Prison. December 28, 2005.
449. Court filings by Carswell Prison Staff on behalf of the Bureau of Prisons. U.S. vs. Lindauer
450. (i) Ibid. staff notes on M-1 acquired by Subpoena, Carswell Prison, October, 2005 through April, 2006. Documents repeated demands for Shadduck to interview witnesses. (ii) Ibid. Court testimony by Parke Godfrey. Southern District of New York, June 2008.
451. Decision on Internal Medication Hearing. Carswell Prison. December 28, 2005.
452. Ibid. Decision on Internal Medication Hearing. Carswell Prison. December 28, 2005. See Appendix.
453. Ibid. Decision on Internal Medication Hearing. Carswell Prison. December 28, 2005.
454. Ibid. staff notes on M-1 acquired by Subpoena show repeated demands to interview witnesses and confirm story., Carswell Prison, October, 2005 through April, 2006.
455. Ibid. Decision on Internal Medication Hearing. Carswell Prison. December 28, 2005.
CHAPTER 24
456. No Mercy at Federal Prisons, ” by Betty Brink, the Progressive Populist
457. Ibid. No Mercy at Federal Prisons, ” by Betty Brink, the Progressive Populist
458. Ibid. No Mercy at Federal Prisons, ” by Betty Brink, the Progressive Populist
459. Ibid. No Mercy at Federal Prisons, ” by Betty Brink, the Progressive Populist
460. Three Arrested in Conspiracy to Smuggle Alient into the United States. Department of Justice. September 8, 2004.
461. Michigan Woman Sentenced for her Role in Smuggling Scores of Iraqis and Jordanians into the United States. Department of Justice. November 19, 2007.
462. Ibid. Michigan Woman Sentenced. Department of Justice. November 19, 2007.
463. FBI Evidence. Citizens for Public Integrity Email Data Base.
464. Ibid. FBI Evidence Citizens for Public Integrity Issue Papers.
465. Ibid. U.S. Senate Intelligence Committee. Inquiry of Pre-War Intelligence from January, 2003. Released in May, 2007.
466. Ibid. Letters to Andy Card January 8, 2003 and Colin Powell, January 27, 2003.
467. Ibid. Monthly reports of observation filed by Dr. Bruke Taddesseh, Family Health Services. March, 2004 through March, 2005.
468. Carswell Prison. Monthly Observation Reports on M-1. Oct, 2005 through April, 2006.
469. Carswell Prison. Monthly Observation Reports on M-1, notes by Dr. Colin Vas. October 23, 2005.
470. Carswell Prison. Staff notes on M-1 on Susan Lindauer, daily and continuous from October, 2005 through April, 2006.
471. Ibid. Carswell Prison. Monthly Observation Reports on M-1. Oct, 2005 through April, 2006.
472. Ibid. Carswell Prison. Monthly Observation Reports on M-1. October, 2005 through April, 2006.
473. Ibid. Carswell Prison. Monthly Observation Reports on M-1. October, 2005 through April, 2006.
474. Ibid. Decision on Internal Medication Hearing. Carswell Prison. December 28, 2005.
475. Ibid. Federal Statute on Findings of Competence. U.S. Laws.
476. Affidavit by Thayer Lindauer, see Appendix.
477. Psychiatric Diagnosis. Carswell Prison. By Dr. Shadduck, Dr. Vas, Psychotic Disorder, Not Otherwise Specified” Dec. 28, 2005.
478. Psychiatric Diagnosis by Dr. Tressa Burton, Counseling Plus, Silver Spring, Maryland, October, 2006. Post Traumatic Stress Disorder caused by incarceration.
479. Ibid. Federal Statute on Findings of Competence, Process of Evaluations.
480. Bureau of Prison Website. Inmate Locator citing release date, status of release.
Would the CIA tolerate an Asset to function as a back-channel to Libya and Iraq for 8 years, if that individual was untrustworthy analyzing trends and anticipating events? Given the advanced, proactive requirements for even the most basic intelligence work, does that make sense? Much less that my contacts involved the most volatile region of the world? And my work targeted nations considered potentially hostile to U.S. interests?
I think that’s very doubtful. Crazy like a fox, maybe, and non-conformist in my political viewpoints, definitely.
I’ve always believed that you’re judged by the strength of your enemies. Mine included Dick Cheney, Colin Powell, Senator John McCain, Senator Trent Lott, Andy Card and Alberto Gonzales.
How flattering.
But was I really “incompetent—” as Republican leaders in Washington claimed, when I put together a message data base for all House and Senate offices—including every Chief of Staff, Legislative Director, Press Secretary and Foreign Policy assistant—Democrat and Republican alike? 463
Was I “incompetent” when I warned about a $1.6 trillion dollar price tag for the War and Occupation of Iraq, and how that would financially stress Wall Street and America’s national debt? 464
Or when I foretold the rise of Iran as a regional powerhouse?
Or when I predicted the rise of charismatic Al Qaeda leaders inside Iraq, and the flourishing of terrorist cells, in a violent backlash against the Occupation?
Or when I forecast that forces of democracy would transfer power to Islamic fundamentalists, away from moderate Arab governments?
Those rose petals died awfully fast in the desert sun, just as I forecast.
Was that incompetence on my part?
Or was I scapegoated for somebody else’s mistakes?
In 2007, the Senate Intelligence Committee cited specific warnings identical to mine, in declaring that reports from January, 2003 qualified as one of the “few bright spots” in Pre-War Intelligence. 465 They called it “outstanding.” I campaigned on every single one of those arguments cited by the Senate. I was so aggressive, in fact, that the Justice Department cited my January, 2003 warnings to Andy Card and Colin Powell, 466 as grounds for my indictment.
In 2007, Senator John Warner of Virginia called the substance of it “chilling and prophetic.”
In 2004-2006, it was called “treason.”
And I got condemned of “incompetence.”
Could psychiatry really be so corrupt? To put it bluntly— yes.
I had watched other women come in for psych studies, and leave after six or seven weeks. That’s all it took for these evaluations. There wasn’t much to it. Prison staff would interview us two or three times, typically. Then they’d speak with a couple of outside sources, like Ian Ferguson and Parke Godfrey.
If there was a previous psychiatric history, Carswell would review it. In my case, that would be Dr. Taddesseh in Maryland, who documented that he observed “no psychosis, ” “no depression” and “no mood disturbances” in my behavior. His year’s worth of observations finished six months before I got sent to Carswell, so it was quite recent. I had a clean bill of “mental health” before I got to prison. 467
Prison conversations with loved ones at home, and a generous outpouring of letters from loyal friends showed that I had good relationships throughout my life. Phone conversations with JB Fields revealed a healthy and mutually supportive relationship. I am not drawn to abusive or violent men. Likewise in prison, I was not socially isolated from other women. Quite the opposite, I quickly made friends on M-1, though inevitably some got transferred back to court for sentencing, or sent home after psych studies. I got left behind. That’s how prison works.
I required a subpoena to get my hands on observation notes by social workers and activity coordinators, who saw me daily on M-1. But when I succeeded, I found them highly informative.
Without exception, staff notes were brief and positive. Every monthly report declared that I “socialized well, ” with “good intellectual functioning, ” and “good physical health.” 468
Shadduck and Vas and Pederson could hardly complain about that, could they?
Staff notes said, “Ms. Lindauer is functioning well on the unit.” 469
Other handwritten notes 470 said, “Functional and not a behavioral problem.” That was underlined by M-1 staff.
Another staffer wrote, “Not a problem when confronted about anything.”
Another guard wrote, “She is low key and cooperative. Cares for self, good hygiene. Zero behavioral problems. She is focused on getting a trial.”
Another wrote, “Pleasant, appropriate appearance, clear speech, good eye contact.”
Another wrote, “Cheerful and cooperative.”
And another, “Calm, pleasant, appropriate grooming. Good eye contact.”
And another, “Pleasant, smiling, appears to be happy, cooperative.”
By December, Carswell’s goal for “restoring competency” was that I should “A: Explain clearly the pros and cons of legal options within 90 days.” 471
And “B: Demonstrate the ability to work with (my) attorney in a rational manner within 90 days.”
Nothing in those staff notes described behavioral problems that justified forcible drugging. Or voluntary drugging for that matter. It was medically absurd—like psychiatry itself.
As a precaution, I signed every monthly report with a written declaration that Carswell should get on the ball interviewing my witnesses to verify my story. 472 Clearly I understood that the Court required independent sources to authenticate my claims. I was anxious to provide those assurances. With my signature, nobody could say I hadn’t lobbied hard to get it done – hardly the act of a defendant who expected the Courts to take my word for everything. 473
Sure enough, when Shadduck finally got around to questioning Ferguson and Godfrey, my story checked out.
Even Carswell was compelled to rule against “involuntary medication, ” after the internal hearing. 474 There was no medical basis for it.
Any other inmate would have gone home after that, or back to court, whereas I faced a hard reality that the Feds intended to hold me for the full 120 days allowed by federal statute. This would be my only prison time. The Justice Department wanted to squeeze every possible day out of me. I had to cope with that.
One more thing protected me. Or so I believed.
I had a fail safe option, a statutory right to a hearing before the decision on competence got finalized. Federal law guarantees the right to call witnesses and show evidence opposing psychiatric evaluations. 475 Courts are never supposed to rule on competence without due process. That’s a flagrant violation of an individual’s rights.
My story illustrates poignantly why those rights should be held sacrosanct.
To protect myself, I buckled down at the prison law library and read up on the law. I also filed a “pro se” request for a hearing with a list of witnesses, according to all the requirements of the law. My request was registered in an appropriate and timely manner.
I clung to the promise of that hearing like a sacrament. Truly I believed that I was covered on all fronts, whatever followed.
Ineptitude of the Court Appointed
Attorney
So what tripped me up? As part of a competency review, it’s standard practice to assess whether a defense attorney might be shrugging off a complex case by using an incompetence defense. From the first in-take interview, Carswell staff honed on my public attorney’s difficulty maneuvering the morass of my legal situation.
From my first days on the SHU, Carswell was informed that Uncle Ted felt compelled to interview strategic witnesses, because of Talkin’s bumbling. Ted himself forcefully assured prison staff that he had personally investigated my story, and I checked out. 476
In prison phone calls, Ted emphasized that he was reading up case law on psychiatry. By all objective measures, he was fiercely devoted to watching over me.
The need for legal intervention by a family member should have set off alarms over whose competence should be questioned— mine or my public attorney’s. Even Judge Mukasey was aware that it had been necessary to seek a family member’s help.
Under normal circumstances, questions about an attorney’s performance would disqualify an incompetence defense automatically. In my situation, however, Talkin’s fumbling was carefully overlooked.
Ominously for my legal rights, by 2006, the United States and Britain were officially losing the War in Iraq. Insurgents had seized control of the chaos, and threatened to fragment the country in a violent bloodbath that polarized Shi’ite- Sunni relations from north to south. As battlefield casualties mounted, frothing on Capitol Hill reached new heights of fever over the failures of Assets involved with Pre-War Intelligence.
Politicians liked that story. They liked it very much.
From a psychiatric standpoint, Capitol Hill was suffering a major “psychotic breakdown.” Congress aggressively labored to reinvent themselves as the victims of deceptive intelligence practices to escape the fury of voters. Not surprisingly, the facts about Pre-War Intelligence are vastly different than what politicians in Washington told Americans and the international community.
And so the Justice Department got its marching orders: Nothing and nobody would be allowed to challenge the story that Republican leaders were selling to the American people. That was the “reality” that mattered at Carswell.
And so Carswell psychiatrists set about constructing a whole new reality of my work as an Asset that protected political interests in Washington—a game that pretended I suffered a “psychotic disorder not otherwise specified.” 477
It’s doubtful I was ever “incompetent” or “psychotic.” All those months, I showed no “symptoms of mental illness”—except post traumatic stress triggered by the Justice Department’s refusal to end my imprisonment on my release date. 478 That’s a fairly sane response to the events, I’d say.
My judicial abuse provides striking evidence of a leadership breakdown in Washington. For all the falderol, Congress failed badly to provide support and oversight protections for me as an Asset.
Where was the Senate Intelligence Committee when an Asset needed them? Or the House Judiciary Committee, for that matter? What about my old boss, Senator Ron Wyden? Or Maryland’s Senator Barbara Mikulski— Both serve on the Intelligence Committee.
Why didn’t any of those powerful Senators take action to protect a woman Asset who came under attack for claiming to be a woman Asset? As if it was laughable that women could do such work. All of Congress bragged about its “outstanding leadership support” for the antiterrorism work that I devoted 9 years of my life to performing. This was the time to prove it.
So why did nobody help me?
Infamously, one morning I challenged one of the psychiatrists that Carswell should expect a hard hitting Congressional investigation of the abuse I suffered in their prison.
The man laughed in my face: “They don’t care what happens to you. Nobody’s going to help you. They’re quite pleased with the way we’ve handled this.”
If so, it was a terrible judgment call. My imprisonment set a dangerous precedent in the intelligence community. It borrowed the old Soviet game plan from the Cold War, punishing Assets for knowing “inconvenient truths, ” and viciously trying to “correct” my thinking, in order to cover up their own political mistakes.
The question was, how low would Republicans sink?
The answer was, as low as possible. They would inflict as much damage as they could get away with.
Everything depended on Judge Mukasey. Ted Lindauer swore that Judge Mukasey was nobody’s fool. He wanted a vehicle to end the case, Ted speculated. But he’d see what they were up to. This incompetence strategy was what Talkin handed him. That’s what the Court had to work with.
Really though, I had no idea what to think.
According to federal law, the maximum detention for a competence evaluation is 120 days—and no longer. 479 After 120 days, if a person shows no signs of violence towards himself, others or property, he or she must be released back to the community. That’s plenty of time, by the way. Most psych studies can be completed within 60 days, unless it involves a drug detox.
That should have put me outside the prison gates on February 3, 2006—and not one day later, according to federal law.
Grimly, I waited.
As my big day got closer, other women inmates began to notice that basic steps for my release were not taken. There started to be whispers on M1 that something wasn’t right. That kind of prison gossip travels fast.
And so the day of my release approached.
February 3rd started like any other day. There were no goodbyes the night before, a prison ritual with prayers and hugs for those left behind. No staff woke me before dawn to usher me quietly out of the prison before other inmates woke to see me go.
With quiet stealth, the Bureau of Prisons website reported that my release had been postponed “indefinitely.” 480
Back home in Maryland, friends and family finally panicked. They could not believe what had just happened.
Locked inside prison on a Texas military base— an accused “Iraqi Agent—” I was terrified.
to be continued....
notes
CHAPTER 23
439. Notice of Internal Medication Hearing. Carswell Prison. Signed December 23, 2005.
440. Biography of Edward O’Callaghan. Law Firm of Peabody and Nixon. 2010.
441. Ibid. Notice of Internal Medication Hearing. Carswell Prison. Signed Dec 23, 2005.
442. Ibid. Testimony of Parke Godfrey, Southern District of New York. June, 2008.
443. Ibid. Monthly reports of observation filed by Dr. Bruke Taddesseh, Family Health Services. March, 2004 through March, 2005.
444. Participants listed as Dr. William Pederson and Dr. Colin Vas. Internal Medication Hearing. Carswell Prison. December 28, 2005.
445. Internal Medication Hearing. Carswell Prison. December 28, 2005.
446. Ibid. Internal Medication Hearing. Carswell Prison. December 28, 2005.
447. Ibid. Internal Medication Hearing. Carswell Prison. December 28, 2005.
448. Ibid. Internal Medication Hearing. Carswell Prison. December 28, 2005.
449. Court filings by Carswell Prison Staff on behalf of the Bureau of Prisons. U.S. vs. Lindauer
450. (i) Ibid. staff notes on M-1 acquired by Subpoena, Carswell Prison, October, 2005 through April, 2006. Documents repeated demands for Shadduck to interview witnesses. (ii) Ibid. Court testimony by Parke Godfrey. Southern District of New York, June 2008.
451. Decision on Internal Medication Hearing. Carswell Prison. December 28, 2005.
452. Ibid. Decision on Internal Medication Hearing. Carswell Prison. December 28, 2005. See Appendix.
453. Ibid. Decision on Internal Medication Hearing. Carswell Prison. December 28, 2005.
454. Ibid. staff notes on M-1 acquired by Subpoena show repeated demands to interview witnesses and confirm story., Carswell Prison, October, 2005 through April, 2006.
455. Ibid. Decision on Internal Medication Hearing. Carswell Prison. December 28, 2005.
CHAPTER 24
456. No Mercy at Federal Prisons, ” by Betty Brink, the Progressive Populist
457. Ibid. No Mercy at Federal Prisons, ” by Betty Brink, the Progressive Populist
458. Ibid. No Mercy at Federal Prisons, ” by Betty Brink, the Progressive Populist
459. Ibid. No Mercy at Federal Prisons, ” by Betty Brink, the Progressive Populist
460. Three Arrested in Conspiracy to Smuggle Alient into the United States. Department of Justice. September 8, 2004.
461. Michigan Woman Sentenced for her Role in Smuggling Scores of Iraqis and Jordanians into the United States. Department of Justice. November 19, 2007.
462. Ibid. Michigan Woman Sentenced. Department of Justice. November 19, 2007.
463. FBI Evidence. Citizens for Public Integrity Email Data Base.
464. Ibid. FBI Evidence Citizens for Public Integrity Issue Papers.
465. Ibid. U.S. Senate Intelligence Committee. Inquiry of Pre-War Intelligence from January, 2003. Released in May, 2007.
466. Ibid. Letters to Andy Card January 8, 2003 and Colin Powell, January 27, 2003.
467. Ibid. Monthly reports of observation filed by Dr. Bruke Taddesseh, Family Health Services. March, 2004 through March, 2005.
468. Carswell Prison. Monthly Observation Reports on M-1. Oct, 2005 through April, 2006.
469. Carswell Prison. Monthly Observation Reports on M-1, notes by Dr. Colin Vas. October 23, 2005.
470. Carswell Prison. Staff notes on M-1 on Susan Lindauer, daily and continuous from October, 2005 through April, 2006.
471. Ibid. Carswell Prison. Monthly Observation Reports on M-1. Oct, 2005 through April, 2006.
472. Ibid. Carswell Prison. Monthly Observation Reports on M-1. October, 2005 through April, 2006.
473. Ibid. Carswell Prison. Monthly Observation Reports on M-1. October, 2005 through April, 2006.
474. Ibid. Decision on Internal Medication Hearing. Carswell Prison. December 28, 2005.
475. Ibid. Federal Statute on Findings of Competence. U.S. Laws.
476. Affidavit by Thayer Lindauer, see Appendix.
477. Psychiatric Diagnosis. Carswell Prison. By Dr. Shadduck, Dr. Vas, Psychotic Disorder, Not Otherwise Specified” Dec. 28, 2005.
478. Psychiatric Diagnosis by Dr. Tressa Burton, Counseling Plus, Silver Spring, Maryland, October, 2006. Post Traumatic Stress Disorder caused by incarceration.
479. Ibid. Federal Statute on Findings of Competence, Process of Evaluations.
480. Bureau of Prison Website. Inmate Locator citing release date, status of release.
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