My FBI

by Louis J. Freeh

  Today, the authoritarians who hold power in Damascus and Tehran are more threatened by the nascent democracy taking root next door in Iraq than they are by any army, however powerful. With its restive, youthful, Web-based population, Iran is virtually certain in my mind to overthrow its fundamentalist mullahs within a decade. Millions of Iranians will soon be free, and great Iranian-American patriots like my good friend Nasser Kazeminy will have served the cause of peaceful democratic transition. Likewise, the fascists running Damascus have to be more preoccupied with their own exit strategies than they are with clinging to the levers of power.

  In their place, I’m convinced, self-government will rise—flawed at first, as new systems are always flawed, but powerful all the same. Indonesia is living proof that a largely Muslim nation can establish a working democracy. (Any suggestion to the contrary is pure prejudice.) That and Turkey will be the model of the future for the Islamic world, not Iran and Syria. And as democracy takes root and grows, conflict will die down and terrorism abate because that is an odd feature about true self-government. Nations that practice it, ones that aren’t in the grip of authoritarians, of dictators, of theocratic zealots rarely, if ever, wage war on or seek to destabilize one another. Millions of newly free people will demand free markets, enterprise, and opportunity, and then rule of law, once established in the Middle East, will work the same revolution there that it did in the 1960s in the American South when a tiny group of federal judges had the courage to enforce the Fourteenth Amendment to our Constitution.

  That gets me to my final and most critical point. We cannot allow ourselves to imitate our enemies in the pursuit of defeating them. War always breeds excess, even in a Constitutional democracy such as ours. Abraham Lincoln suspended the writ of habeas corpus during the dark days of the Civil War. More than one hundred thousand Japanese-Americans were taken from their homes and interned in substandard camps during World War II. In the aftermath of 9/11 and the invasion of Afghanistan, hundreds of enemy combatants have been held indefinitely at the U.S. Navy base at Guantanamo, Cuba, which tests the limits of established rules of war. In Iraq, some prison guards at Abu Ghraib and elsewhere employed interrogation methods that most Americans consider reprehensible. These things happen in war, but the true glory of America is that, under the rule of law, they are essentially self-correcting.

  Our predisposition to obtain an arrest warrant for Osama bin Laden or to give Miranda rights to the Nairobi embassy bomber Odeh upon his arrest in East Africa might slow down the administration of justice, but both acts go to the bedrock of our democracy. Unrestrained state police power has never succeeded in permanently suppressing terrorism, or liberty for that matter.

  I remember a newspaper photo that appeared right before the November 2004 incursion into Fallujah, showing young soldiers taking notes at a briefing by military lawyers who were spelling out the terms of engagement for the upcoming battle. That’s the rule of law at work. In a similar spirit, the most controversial sections of the Patriot Act were approved by Congress only after inserting sunset provisions that require reapproval to remain effective. At one point after 9/11, the Pentagon quietly proposed funding for what it called the Total Information Awareness Program. Once Congress understood that the project called for the creation of a massive database in which millions of Americans’ names along with their travel and purchase habits could be profiled and mined, the idea was smothered without even a hearing.

  Think back to those prisoner abuses in Iraq. What other superpower in global history would have allowed them to be so publicized? More important, what other one would have tried the perpetrators and punished those found guilty? Beginning with the Supreme Court’s ruling that the executive branch’s detention of military combatants was unfair unless a judicial hearing was provided to determine the basis for detention, federal judges have taken the lead in applying the rule of law to the war against terrorism. Judges have thrown out convictions in major terrorism cases. They’ve required the appointment of attorneys for detainees captured on the battlefield and ordered public hearings in immigration procedures.

  Just as important, judges and their courts have also validated the authority of the executive and the Congress to fight the war against terrorism in an effective but lawful manner. Witness the November 2002 decision by the Court of Review that reversed years of incorrect application of the Foreign Intelligence Surveillance Act by holding that the wall raised by the Department of Justice between criminal and intelligence information was contrary to the plain meaning and intent of the statute.

  The bottom line is that we are one of the few nations in the history of the world to have ever exercised its natural right of self-defense against the most violent and unrestrained enemy in a lawful manner. Doing so can be messy. It can be slow. But if my nearly thirty years as a street agent, as a federal prosecutor, as a U.S. district court judge, and finally as director of the FBI taught me one thing above all others, it is just this: the uniquely American formula that underlies the rule of law can never guarantee that we’ll make no mistakes along the way, but abiding by the rule of law will always ensure that we succeed in the end and that we do so honorably. And so it will with this war, too. Learned Hand, the legendary Southern District judge, said it best many years ago: “The spirit of liberty is the spirit which is not too sure that it is right.”

  A Message from the Director

  FBI CORE VALUES

  The strategic plan for accomplishing the FBI’s mission must begin by identifying the core values which need to be preserved and defended by the FBI in performing its statutory missions. Those values are: rigorous obedience to the Constitution of the United States; respect for the dignity of all those we protect; compassion; fairness and uncompramising personal and institutional integrity These values do not exhaust the many goals which we wish to achieve, but they capsulize them as well as can be done in a few words. Our values must be fully understood, practiced, shared vigorously defended and preserved.

  Observance of these core values is our guarantee of excellence and prapriety in performing the FBI’s national security and criminal investigative functions. Rigorous obedience to constitutional principles ensures that individually and institutionally we always remember that constitutional guarantees are more important than the outcome of any single interview, search for evidence, or investigation. Respect for the dignity of all whom we protect reminds us to wield law enforcement powers with restraint and to recognize the natural human tendency to be corrupted by power and to become callous in its exercise, Fairness and compassion ensure that we treat everyone with the highest regard for constitutional, civil and human rights. Personal and institutional integrity reinforce each other and are owed to the Nation in exchange for the sacred trust and great authority canferred upon us.

  We who enforce the law must not merely obey it. We have an obligation to set a moral example which those whom we protect can follow. Because the FBI’s success in accomplishing its mission is directly related to the support and coaperation of those whom we protect, these core values are the fiber which holds together the vitality of our institution.

  Louis Freeh

  Director

  Federal Bureau of Investigation

  AFTERWORD

  After leaving the FBI, I resigned myself to the fact that I would never again find the friendships and dedication that I had come to know in more than twenty-six years of public service.

  It turned out that I had resigned myself to this prematurely. When I first met MBNA’s founders, Charlie Cawley and Al Lerner, I was, like everyone else, greatly impressed by their legendary charm and success. One of my FBI colleagues, Jules Bonavolonta, had introduced me to Cawley, a fellow student at St. Benedict’s High School in Newark, New Jersey. Jules also made the connection to Lerner, for whom he’d done private investigator work in New York City after leaving the FBI.

  Cawley and Lerner had been phenomenally successful in growing MBNA America Bank overnight from a hundre
d-person operation in an abandoned A&P store into one of America’s largest and most important financial institutions, but what struck me most about these men were their integrity and patriotism. Both were devoted to their families and to the people who worked for them. The decent core values that they practiced, even in the cutthroat world of retail credit, carried over into all of their business dealings and into their lives generally. It was their bedrock principles, which so reminded me of the FBI values, that led me to MBNA.

  Once I got there—coincidentally, my first full day of work was 9/11—it became clear that the men and women Charlie and Al had chosen to populate MBNA were people of equal measure and principle. Over the last four years I have had the privilege of working with Bruce Hammonds and John Cochran, who know the nation’s credit card business better than anyone and who lead the company with honor and skill. MBNA’s chairman, Randy Lerner, a great patriot and business leader like his father, constantly displays the integrity and humility always hoped for in a great leader. This leadership and integrity is also amply reflected in the other people who oversee MBNA and its business on behalf of the shareholders.

  The entire senior management team of this great company—Lance Weaver, Ric Struthers, Ken Vecchione, Doug Denton, Chuck Krulak, John Scheflen, Ken Boehl, Michael Rhodes, Dave Spartin, Frank Bramble, Janine Marrone, Jack Hewes, Shane Flynn, Michelle Shepherd, Gregg Bacchieri, Becky Cahill, Robert DeSantis, Jim Donahue, Randy Black, Jeanne McClafferty, Eileen Leach, Thomas Wren, Dave Hirt, Omar McNeill, John Stanton, John Collingwood, Brian Dalphon, Pat Gallagher, Tim Naughton, Henry Moncure, Regina Mullen, Walt Donaldson, Kevin Gimlett, Al Scarpitti, Charlie Manelski, Richard Willis, Mike O’Hagan, Pete Romano, Brian Gimlett, Charlie Devita, Matt Neels, Terri Murphy, Jim Murphy, John Reinhardt, Lanny Edelsohn, and many others, including Howard Kessler, MBNA’s longtime partner and brilliant sales agent—displays the virtues and qualities of wonderful leaders and business innovators. The law department, government affairs, corporate governance, special investigations unit, and ethics offices, which I oversee, are filled with incredibly talented and good people.

  Most important, the 28,000 people of MBNA, working in seven countries, have given the company its major and unequaled success. (Not surprisingly MBNA employees last year devoted 600,000 hours to pro bono community service.) It has been a great pleasure to work with them all and to be a part of this wonderful organization. My own success has in its largest part been the good fortune of being part of great organizations like the FBI and MBNA.

  As I close, MBNA is slated to become part of Bank of America, one of the nation’s finest financial institutions. Although I have been with MBNA for just four years, the process of conducting this sale and playing a key role has given me a deep insight into the leadership of this remarkable company. On June 17, 2005, a Friday afternoon, in the midst of discussions relating to the sale of MBNA, our helicopter crashed into the East River returning from New York City minutes after takeoff. Aboard were my friends and colleagues, Bruce Hammonds, Frank Bramble, Ric Struthers, Lance Weaver, Doug Denton, Tom Wren, and our two pilots, Blair Payton and Mark Schaberg. The tail of the Sikorsky broke off upon impact and the cabin immediately filled with water. Working as a team, remaining perfectly calm and looking out for one another, Lance and Ric managed to open the cabin door against immense water pressure while almost submerged. Had they not opened that door, all six would have perished. Once Lance and Ric exited, Tom and Frank were next to the door. The helicopter was now completely under the river’s black water, and both men looked up toward the light, indicating the equally treacherous surface with its killer currents. Frank could have safely reached the surface without delay. Nevertheless, and in the most heroic fashion, he stayed behind in order to pull Bruce and Doug to safety. Without his valor, both men would probably have been lost.

  Once on the surface, all six passengers and our two brave pilots worked together selflessly to keep one another afloat in one of the country’s most dangerous rivers. All were rescued and safely returned to their families and friends. I am immensely proud of all eight of these men and still amazed at their courage, calm, and grace under pressure. And I almost thought that my action days had been left behind at the FBI.

  Led by these fine men and by Randy Lerner, in particular, MBNA is being merged into one of the premier companies in the world—Bank of America—and our shareholders, employees, customers, and communities will be the beneficiaries of their good stewarding.

  ACKNOWLEDGMENTS

  First, for encouraging and allowing me to write the book I never contemplated, my sincere appreciation to Howard Means, a gifted writer, analyst, and wonderful human being who devoted countless hours, talent, imagination, and perspective to this book. I will always be thankful to him for the immense patience and kindness that he continuously showed to me. To the incredibly talented and dedicated people at St. Martin’s Press, who helped me produce the book I finally wanted to write for the FBI, my gratitude to Sally Richardson, the excellent president and publisher; Charlie Spicer, my executive editor of inexhaustible patience; John Cunningham, associate publisher; George Witte, editor-in-chief; John Murphy, publicity director; Joe Cleemann, associate editor; Amelie Littell, managing editor; Elizabeth Catalano, production editor; Susan Yang, designer; and Eric Gladstone, production manager. I know that the men and women of the FBI will appreciate their fine efforts in this endeavor. And my deep appreciation to Jon Liebman, my friend at the U.S. Attorney’s Office and the agent for this book.

  What success I have enjoyed over the years has been the proximate result of surrounding myself with people more competent than I. My twenty-six years of public service are the best example of this very simple formula. From working the streets of New York City with FBI agents to prosecuting cases in the nation’s premier United States Attorney’s office in Manhattan to the storied Southern District bench and finally back to the world’s very best investigative agency—our FBI—I had the recurring good fortune to be in the company of the very best. My streak continued at MBNA, then the largest, independent credit-card company in the world and recognized leader in affinity marketing.

  More enduring than my public service, the love and incredible strength of my wife, Marilyn, and our six sons—Justin, Brendan, Sean, Connor, Liam, and Colin—has enabled me over two and a half decades to face the big challenges of my work life with competence, humor, and true satisfaction. Because of their support and sacrifice, I never had a day when I went to work without total commitment, focus, and the motivation to do the right thing. During some incredibly busy and even critical times on my government watches, we always managed to enjoy and celebrate our wonderful family, shuttering out the public winds that tried to buffet us but never succeeded. If at any time I thought my family would have suffered from my public service, I would have promptly quit. Government service should not be an alternative to participating in one’s family life and their well-being.

  My family and faith in God allowed me to stay comfortably and strongly in the arena immortalized by the words of Teddy Roosevelt. I never during my public service or afterward felt the slightest inclination to respond to the group of witless and mostly idle FBI critics who all believe they should lead this important government agency but would not have the fortitude or skill to do so. This assortment of knuckleheads—who inhabit government roles in some cases but mostly just stand on the sidelines—are wont to tell the real athletes, coaches, and referees what should be done in the arena without ever having put on a jersey themselves. Their impact on things continues to be de minimis and for that reason they won’t find their names in the index here. That being said, I hope they buy multiple copies of My FBI.

  My first debt of gratitude is owed to my parents, William and Bernice. Their love for me was unconditional, the best kind parents can give. From them I learned sacrifice, kindness, honesty, humility, and love for God. My brothers, Bill and John, resonated our parents’ love and they have been lifelong friends. My grandpar
ents confirmed the circle of love, and cousins like Claudia Cositore supported me over many years.

  My mother-and father-in-law, Mary and Roger Coyle, also deserve great recognition. They are two of the kindest and sweetest people I have known. On almost every foreign trip and emergency that required my sudden absence from home, they would take a bus from Pittsburgh to help their daughter and grandsons cope while I was away. I often thought how a small part of our national security depended on them.

  Many good people helped me grow up in the melting pot of Hudson County in the shadows of New York City. Sam Maniscalco, my Scoutmaster at Troop 19, taught me a lot about public service on my way to Eagle Scout. The wonderful Franciscan nuns from Peekskill, New York, who served at Immaculate Heart of Mary Grammar School in North Bergen, like Sister Sebastian, taught me to read, think, and pray. At St. Joseph’s Boys High School in West New York, La Salle Christian Brothers such as Jerome Sullivan made it easier to be a teenager. In the summer of 1970, Father Ralph Beiting of the Christian Appalachian Project in Beria, Kentucky, gave me the chance to understand poverty, hope, and charitable works. At Rutgers College, Professor Richard McCormick took me back through exciting histories while Arthur Kinoy at Rutgers Law School taught me the sacred nature of dissent and liberty.

  With rare exceptions the wonderful men and women of the FBI have taught and impressed me for over thirty years now. Starting with my exciting arrival at our New York office in August, 1975, legendary agents like Tom Emery, Jim Nelson, Bob Sweeney, Leo McGillicuddy, Jules Bonavolonta, Jim Kallstrom, and Tom Sheer were fortunately our leaders. My many talented colleagues there—Bob Cassidy, Martin Bilder, Jack Barrett, Bill Andrew, Phil Deutsch, Jim Abbott, Bob Lennek, Lew Schiliro, Vaughn Antab, Rich Reinhardt, Walt Stowe, Bill Lynch, Mark Mershon, John Klochan, Ray Kerr, Pat Colgan, Dennis Collins, Joe Spinelli, John Pritchard, Charlie Rooney, Pat Luzio, Carmine Russo, Bob Ward, Mike Slattery, Clare Murphy, Maureen Mallon, Lorraine Pregdnzer, Jane Johnson, Morfia Papain, Kathy MacGowan, Peggy Gawley, Barbara Gormley, and countless others—allowed me to succeed.