Holder Taps Fitzgerald for Gitmo Photo Probe
Attorney General Eric Holder Jr. has tapped the Justice Department's most feared prosecutor, Patrick Fitzgerald, to lead a sensitive investigation into whether defense lawyers at Guantánamo Bay compromised the identities of covert CIA officers. The probe was triggered by the discovery last year of about 20 color photographs of CIA officials in the cell of Mustafa Ahmed al-Hawsawi, an alleged financier of the 9/11 attacks, say three current and former government officials who asked not to be identified talking about an ongoing case.
The photos included "paparazzi style" snapshots of covert CIA officers on the street and in other public places, says one former official, an indication that private investigators had taken them on the sly to identify agency interrogators. When told of the discovery, CIA officials immediately grew alarmed that the photos had been shared among the 9/11 defendants, including alleged mastermind Khalid Sheikh Mohammed. (The judge in charge of the military-commission case at the time had ruled that because some defendants, including Mohammed, were representing themselves, they could meet privately with their alleged co-conspirators and share material relevant to their defense.) The photos in al-Hawsawi's cell were not captioned with the agents' identities. But "there was real concern" that the pictures could be used to identify covert officers, resulting in agents becoming the targets of Qaeda revenge plots, says the former official. "These guys are killers--and KSM has made it clear they're going to look for retribution."
How real a threat the incident posed is far from clear, nor is it known which defendant got the photos first. But after the CIA filed a criminal referral with Justice, the FBI dispatched agents to Guantánamo to question military defense lawyers. The military lawyers representing al-Hawsawi were soon cleared. But one focus is on civilian lawyers retained by the John Adams Project--an effort the American Civil Liberties Union runs to provide topnotch counsel for the most high-profile Gitmo detainees. Anthony Romero, the ACLU's executive director, confirms the project hired private investigators to track down CIA officers involved in aggressive interrogation tactics. "It would be an essential part of any defense to cross-examine the perpetrators of torture," he says, adding, "To our knowledge, the 9/11 defendants were not told the identities of the CIA officers."
Lawyers in Justice's National Security Division--the same unit charged with prosecuting the 9/11 defendants--were running the probe initially. To avoid any conflict (and to fend off GOP attacks of his counterterrorism policy), Holder recently turned to Fitzgerald, the U.S. attorney in Chicago, who has undisputed expertise in the law governing the exposure of undercover intelligence officers: three years ago, he won his most celebrated case, securing the conviction of I. Lewis "Scooter" Libby, Dick Cheney's former chief of staff, for lying about the outing of CIA agent Valerie Plame.
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Michael Isikoff has been an award-winning investigative correspondent for Newsweek since 2004. He has written extensively on the U.S. government's war on terrorism, the conflicts in Iraq and Afghanistan, presidential politics and other national issues. His book, "Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War," co-written with David Corn, was an instant New York Times best-seller when it was published in September, 2006. The book was hailed by the New York Times Book Review as "fascinating reading" and "the most comprehensive account of the White House's political machinations" in the run up to the war in Iraq. Since January 2009, Isikoff has been an MSNBC contributor, making regular appearances on the Rachel Maddow Show and Hardball w/ Chris Matthews.
Ever since the events of September 11, Isikoff has broken repeated stories about the U.S. government's war on terror and won numerous journalism awards. His blog "DeClassified: Investigative Reporting in Real Time," which appears regularly on Newsweek's Web site and is written with MarkHosenball, has become a must-read for senior U.S. intelligence officials. Isikoff and Hosenball won the 2005 award from the Society of Professional Journalists for best investigative reporting online.
Isikoff's June 2002 Newsweek cover story on U.S. intelligence failures that preceded the 9-11 terror attacks, along with a series of related articles, was honored with the Investigative Reporters and Editors top prize for investigative reporting in magazine journalism. He was honored, along with a team of Newsweek reporters, by the Society of Professional Journalists for coverage of the Abu Ghraib scandal. For that coverage, Isikoff obtained exclusive internal White House, Justice Department and State Department memos showing how decisions made at the highest levels of the Bush administration led to abuses in the interrogation of terror suspects. Isikoff was also part of a reporting team that earned Newsweek the National Magazine Award for General Excellence in 2002, the highest award in magazine journalism, for their coverage of the aftermath of the September 11 terror attacks.
Isikoff's exclusive reporting on the Monica Lewinsky scandal gained him national attention in 1998, including profiles in The New York Times and The Washington Post and a guest appearance on "Late Show with David Letterman." His coverage of the events that lead to President Bill Clinton's impeachment earned Newsweek the prestigious National Magazine Award in the Reporting category in 1999. Isikoff's reporting also won the National Headliner Award, the Edgar A. Poe Award presented by the White House Correspondents Association and the Gerald R. Ford Journalism Prize for Reporting on the Presidency. In 2001, Isikoff was named on a list of "most influential journalists" in the nation's capital by Washingtonian magazine.
Isikoff is the author of "Uncovering Clinton: A Reporter's Story," a book that chronicled his own reporting of the Lewinsky story and was hailed by a critic for The Washington Post-Los Angeles Times news service as "the absolutely essential narrative of the scandal with revelations that no one would have thought possible." The book, also a New York Times bestseller, was named Best Non-Fiction Book of 1999 by the Book of the Month Club.
Isikoff came to Newsweek from The Washington Post, where he had been a reporter since September 1981. There he covered the Justice Department and the Persian Gulf War, reported on international drug operations in Latin America and worked on the Post's financial news desk. Isikoff graduated from Washington University with a B.A. in 1974 and received a Masters in Journalism from Northwestern University's Medill School of Journalism in 1976.
Mark Hosenball joined Newsweek as an investigative correspondent in November 1993, covering a range of issues for the National Affairs department. Most recently, he has written and reported numerous stories on terrorism and the Sept. 11 attacks on America. He has also covered campaign finance, the Monica Lewinsky controversy, the death of Princess Diana, Whitewater, the crashes of EgyptAir flight 990 and TWA flight 800, as well as related air safety issues.
Hosenball came to Newsweek from "Dateline NBC," where he worked as an investigative producer. He also worked extensively as a print journalist, writing for a number of British and American publications, including the London Sunday Times, the London Evening Standard, Time Out, The Washington Post, The Wall Street Journal, and The New Republic. In addition, he has done commentaries for American Public Radio.
Hosenball has been honored with a number of prestigious awards. Most recently, along with a team of Newsweek correspondents, he was awarded the Overseas Press Club's most prestigious honor, the 2002 Ed Cunningham Memorial Award for best magazine reporting from abroad for Newsweek's coverage of the war on terror. His reporting and that of his colleagues earned Newsweek the prestigious National Magazine Award for General Excellence in 2002 for its coverage of September 11 and its aftermath. And a story he co-authored was highlighted in a citation Newsweek received by the White House Correspondents' Association when it awarded the magazine the 2002 Edgar A. Poe Award for "excellence on a story of national or regional importance. "Newsweek's September 11 coverage started long before the attacks. An article in the magazine's February 19, 2001 issue warned with chilling accuracy: 'The threat posed by (Osama) bin Laden is growing -- and coming ever closer to home."
Hosenball was a contributor to the CANAL + TV documentary, "L'Argent de la Drogue" (Drug Money), which was awarded the "Sept D'Or," the French equivalent of an Emmy. He also contributed to NBC News' coverage of the BCCI scandal, which earned a 1991 Peabody Award.
He attended the University of Pennsylvania and Trinity College in Dublin. He lives in the Washington, D.C. area with his wife and son.
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