DR. KLEINMAN: “Let’s talk about Iraq for a moment. I believe that you told me that you were once, in fact, in Iraq.”
LINDAUER: “Yes. I’m not going to discuss answers to any charges against me.”
DR. KLEINMAN: “I’m just asking—Do you understand that there is a charge against you?”
LINDAUER: “Oh, I understand, and I’m going to kick their fucking ass in court about it.”
DR. KLEINMAN: “But what’s your knowledge of the charge? The charge exists. I’m just checking to see if you know what the charge is?”
LINDAUER: “The charge is that I took a trip to Baghdad.”
DR. KLEINMAN: “And?”
LINDAUER: “My answer is that they knew I was going to Baghdad. And I can prove that in a court of law. I can prove I asked for permission to go. I was doing exactly what I thought I was supposed to do. It was totally in good faith. That’s my answer. I did not go off to Baghdad without anybody knowing about it. If they didn’t want me to go, they just had to say so.”
DR. KLEINMAN: “Fine.”
LINDAUER: “Anything they wanted me to do. I’d jump up and down five times, and turn in circles for them. Seriously.”
In “reality,” I filed a written request for permission to travel to Baghdad in March, 2001. The letter to Andy Card recounted the invitation from Iraq’s Foreign Ministry. I promised to meet any U.S. official before or after the trip. I also agreed to delay the trip, at their request. The U.S. Attorney had a copy of this paper. So did Talkin.577
Following that exchange, Dr. Kleinman inquired about a videotape made by the Iraqis at our final meeting in Baghdad. Critically, the tape involved my Iraqi friend who had agreed to act as a liaison to an FBI Task Force on Anti-Terrorism. This required extraordinary courage on his part, as it could easily get him killed.
LINDAUER: “There is a videotape, which I’m not even remotely moved by.”
DR. KLEINMAN: “So what’s your interpretation of it?”
LINDAUER: “I expected [the Iraqis] to tape the meeting. I’m an Asset. You don’t wink at the camera. I’m an Asset. I’m working my ass off to persuade the Iraqis to give us information about terrorism. I am expecting them to tape that meeting.”
DR. KLEINMAN: “Okay.”
LINDAUER: “I expect that there is a tape recorder somewhere. Whether it’s video or audio, that’s the difference that I didn’t know. But I expected them to tape it.”
DR. KLEINMAN: “Because you’re an Asset?”
LINDAUER: “They know. This is a game. This is how the game works.”
This sort of exchange was typical:
LINDAUER: “Applying present situations to yesterday—If you tell me today that I should have done something yesterday doesn’t work for me. Because I asked for instructions. And I promised to obey the instructions. And I specifically sought instructions. And I said that “I will obey you to the letter. Just tell me what you want me to do. I can prove that in any court of law.”
DR. KLEINMAN: “That’s fine.”
LINDAUER: “None of this mattered until the Presidential Commission on Iraqi Pre-War Intelligence was formed. I was their chief asset working with Iraq on anti-terrorism. It would have been obscene. I mean, my God, you should take me out and hang me from the Stock Exchange or the Empire State Building, if I didn’t help after 9/11. The whole reason my contacts existed was so that there would be somebody with deep contacts inside the Iraqi government, so whenever there was a terrorist attack of any kind, there would be a back channel source to get it.”
“If I had refused to get that information after 9/11, THAT would have been traitorous. That would have been treason. That would have been ugly. That would have gone against every single thing I believe in, and everything everybody else I know believes in.”
Most of the conversation with Dr. Kleinman focused on the possibility of a plea bargain floated by the prosecutor. This is where we caught him lying to the Court.
Over and over, Dr. Kleinman badgered me to plead guilty on tax charges. Steadfastly I refused, while he tried a number of approaches to persuade me that I should accept the deal..578 We caught it all on tape.
Observe that I was not indicted for tax charges.579 I did not owe back taxes, and would not have owed additional taxes if I accepted a guilty plea. It merely provided a vehicle for ending the case, if I chose to do the Justice Department another favor— not likely after Carswell. Floating a guilty plea for something not on my indictment reinforced Shaughnessy’s opinion that the Prosecutor recognized he could not get a conviction on the original charges. There really was no case against me. They had to find something else.
Shockingly, under oath, Dr. Kleinman testified that I was the one who suggested the Prosecutor had floated a plea bargain. In court testimony, Dr. Kleinman told Judge Preska that he had no personal knowledge such an offer existed.580 Upon checking with O’Callaghan, Dr. Kleinman said he discovered I was wrong. He declared that my “mistake” about the plea bargain proved I continued to be “incompetent to stand trial.”
My eyeballs bulged to hear it!
Shaughnessy pulverized Kleinman. And I mean, Shaughnessy beat him silly. Thanks to the tapes of this meeting, we could prove that Kleinman himself interjected questions about a plea bargain over and over again,581 which I repeatedly shot down. He pushed the plea bargain for a good two hours of this interview—all caught on tape.
Then Kleinman falsified testimony under oath in front of Judge Preska.
Another interesting point is that almost none of Dr. Kleinman’s questions related to my emotional state of mind or psychology. For example, Dr. Kleinman devoted a good half hour to exploring my finances.582
DR. KLEINMAN: “So, do you still own a house?”
LINDAUER: “Yes.”
DR. KLEINMAN: “Do you have a mortgage on the house?”
LINDAUER: “Yes.”
DR. KLEINMAN: “Do you pay the mortgage on the house?”
LINDAUER: “Yes.”
DR. KLEINMAN: “How often do you make the mortgage payments?”
LINDAUER: “Every month. Like everybody else.”
DR. KLEINMAN: “What is your monthly mortgage payment?”
LINDAUER: “About $2500 a month approximately. I just refinanced. That includes taxes.”
DR. KLEINMAN: “Did you use any kind of mortgage broker to refinance?”
LINDAUER: “Well, yeah. Of course.”
DR. KLEINMAN: “I’m not an expert, but one could do it directly with a bank. Or you can use a mortgage broker who helps?”
LINDAUER: “Yeah, yeah.”
DR. KLEINMAN: “So did you do it with the bank or with the broker?”
LINDAUER: “A broker. YES.”
DR. KLEINMAN: “What was the purpose of refinancing?”
LINDAUER: “Uggh! My God! To get a better interest rate. To pay off my debts. And to make some improvements to my house.”
DR. KLEINMAN: “So you got a loan in other words? What did your interest rate go to? From what to what?”
LINDAUER: “That’s none of your business.”
DR. KLEINMAN: “It’s OK if you don’t tell me. I’m just asking your reasoning.”
LINDAUER: “It has nothing to do with you.”
DR. KLEINMAN: “Does that seem intrusive?”
LINDAUER: “Yes.”
DR. KLEINMAN: “What’s intrusive about it?”
LINDAUER: “It’s none of your damn business.”
DR. KLEINMAN: “Do you have a checking account?”
LINDAUER: “I’m not going to answer any of these questions. You’re full of shit.”
DR. KLEINMAN: “Am I?”
LINDAUER: “Yeah, I think you’re desperate. I just refinanced my house, got a better interest rate, paid off all my debts, remodeled my kitchen and put in new windows.”
DR. KLEINMAN: “What am I full of shit about?”
LINDAUER: “You’re looking for some excuse to harass me.”
DR. KLEINMAN: “I�
��m not looking for anything. It’s more relevant to your mental state.”
LINDAUER: “Oh yeah, right. Tell them that I’m SOOO DEPRESSED that I paid off all my debts!! I’m SOO worried because all my debts are gone. What garbage. Make sure that you say that’s garbage. (Sarcastic laughter).”
DR. KLEINMAN: “What’s garbage? But it relates to your competence?”
LINDAUER: “You’re desperate—”
See what a difference a tape recording makes? Not what anybody expected, I’ll bet. Probably you expected some emotional floss about childhood trauma, or some deep secret feelings about life. Some deeply sensitive emotional concerns that poignantly depict a wounded “inner child.”
I defy anyone to explain how that conversation reflects on my “emotional well being” at all. Or how that would substantially demonstrate my inability to contribute to my defense at trial?
And yet, following this conversation, Dr. Kleinman reported to Judge Preska that I continued to be “unfit for trial.” He declared that I “could not assist in my defense.”
Only now Brian Shaughnessy waited for me in the wings.
From that first auspicious evening at the National Press Club, Shaughnessy became fully engaged in my defense. Without further delay, he began interviewing witnesses and examining evidence and alibis.583 He wanted to be fully prepped for any conversation with O’Callaghan to move forward out of this stalemate. By now it was obvious Talkin couldn’t handle that sort of discussion on my behalf. Shaughnessy took over the role filled by Ted Lindauer at Carswell. Talkin continued to appear with me, and sit at the table. But Shaughnessy began traveling to New York for all of my status meetings with Judge Preska.584
Dr. Kleinman’s obvious dishonesty whet Shaughnessy’s appetite. Because of these forced psych interviews, the Justice Department had my defense strategy—and Shaughnessy recognized they were most desperate that I should not use it. The fraud of the indictment would be exposed, and the government would suffer deep embarrassment for the lies they told about Pre-War Intelligence and 9/11.
I would win. The public would win. And Washington politicians would lose big time.
Shaughnessy recognized this was a truth Americans needed to hear.
By May 2007, I told Sam Talkin that I would not attend meetings at Counseling Plus for much longer. Shaughnessy guided me skillfully. He urged me to give the Court a reasonable opportunity to achieve closure, before we reopened the question of my competence. Over that summer, he had several conversations with O’Callaghan. Above all, we reminded Judge Preska that psychiatry had forced this finding of incompetence on me without a hearing, in strict violation of my rights under the law. If this case didn’t go away, Shaughnessy would formally take over my defense and move for Trial.
From that point on, psychology would get tossed in the dust bin where it belonged.
In August, Shaughnessy, who’s a congenial and shrewd fellow, gave O’Callaghan one final chance to drop my case. Shaughnessy reminded him of the promise to Sam Talkin before I left for Carswell that the Justice Department would drop the charges if I cooperated with the incompetence defense.
It was now a year after my release from prison.
O’Callaghan said he’d changed his mind. He intended to hold the charges against me for another year, and possibly two years.
Shaughnessy thanked him politely, and retreated to our corner of the boxing ring to prepare for another fight round.
Clearly O’Callaghan had not learned the lesson of an intelligence war: He had power over his actions. He did not have power over mine.
And so, consistent with my pledge, in August, 2007 I refused to go back to Counseling Plus after 10 months of worthless psychology meetings, financed by hard working American taxpayers.585
I told the Court that I refused to play this game any longer. My days as a campaign contribution to Republicans on Capitol Hill was over.
But it wasn’t over for O’Callaghan. His backer on Capitol Hill was now campaigning for the highest office in the land. John McCain wanted to be President. In a short time, O’Callaghan would land a plum campaign job in McCain’s inner circle. O’Callaghan’s internet bio boasts that he “advised McCain’s campaign on terrorism and national security policy.”586
Now that was an interesting twist. I’d been arrested after phoning McCain’s Senate office, requesting to testify before the Presidential Commission on Pre-War Intelligence, which McCain spearheaded for Republican leaders. The refusal to grant my demand for a trial protected McCain’s wrongful claims about 9/11 and Iraq. Indeed, any sort of public hearing threatened to expose McCain’s deceptions on a host of national security issues.
For years I believed that the intelligence faction attacking me had ties to John McCain. Now I got my proof.
Only now there was a sea-change O’Callaghan had not expected.
Now a top Washington attorney was championing my defense. Brian Shaughnessy had my back. And he fully agreed that my case should go to trial.
CHAPTER 31:
AMERICAN CASSANDRA
“Apologies must be made, O Athenian men!”
—Plato, on the death of Socrates
I wasn’t supposed to rise from the dead. I was supposed to know that I was beaten and disgraced.
Obviously they didn’t understand me very well. The Justice Department profiling couldn’t have been more off the mark. I dare say it lacked any insight to my character whatsoever. Unhappily for Republican leaders, I am nothing if not resilient.
Oh they’d smashed me up pretty good. They beat my heart with two by fours, and trashed my reputation. I would carry some ugly eggplant bruises on my soul for a very long time.
Despite all of that hurting, I began to rally. I played a lot of Miranda Lambert songs. The lyrics for “Gunpowder and Lead” got blasted all over the CIA in my own counter-protest psy-op. “He wants a fight, well, now he’s got one. He ain’t seen me crazy yet. I’m going to show him what little girl’s are made of. Gunpowder and Lead.”
Really I’d fought so hard to defend myself as an Asset that I forgot I’m an activist first and foremost! I’m a fighter to the end.
Now a life-time of experience kicked in. Just as Assets know how to run a blockade, so activists know how to nurture a cause from the position of an underdog. So in a sense, after recuperating from Carswell, I returned to my natural starting position. I got up off the floor and checked for broken bones. Then I got ready to rumble.
Only now I was fighting mad. And thanks to JB Fields and Janet Phelan rallying for my cause while I was locked up, I was no longer standing alone. Word of my ugly nightmare on the Patriot Act had reached the blogs and alternative radio audiences, piquing the curiosity of independent thinking Americans.
Alternative radio hosts like Greg Syzmanski and Derek Gilbert made the winning difference to my freedom. While I was locked up, JB Fields talked about Republic, Liberty and Oracle Broadcasting like life-lines. What they lack in size, they make up with heart. They have passion for America’s traditions of freedom, and the urgency to protect those values. Their rallying has pricked the walls of silence on many issues. During my fight, they stirred enough of a gale-force to incite blowback on the Justice Department, so that my grievances could not be ignored. When I got out, I was astonished by who had heard of the abuse I was suffering, thanks to these cutting edge blogs and internet radio networks.
Whoever says one person’s voice can’t make a difference should turn on the radio.
My all time favorite radio host, Michael Herzog, championed my cause on Oracle Broadcasting and Republic, when I renewed my fight for a trial.
He asked the best opening question on-air of all time: “So tell us, Susan Lindauer, why are you still alive?”
To which I replied: “I refuse to die until I get my trial. At this rate I will probably live forever!”
Every show with Herzog was lively and fun, just a delight for guests. Mike’s an extremely sharp and versatile host on a wide front of iss
ues, and he brings all of that perspective to each show. He’s incredibly dynamic. During my legal drama, he proved that he’s got rapid timing, I mean, lightning speed. If Pre-Trial Services threatened to revoke my bail in the morning, Mike would rework his radio schedule and get me on air that afternoon. That’s what it took to save me, and Herzog and Phelan made it happen. They refused to back down.
Up to that point, I must confess that America was looking kind of shabby to me. By now, I was pretty disgusted with the corporate media. I had to question if the American people were getting exactly what they deserve.
Herzog and Phelan and Dr. Shirley Moore—and all the other blogs and alternative radio shows— got me feeling empowered again, like a revolution was starting to take back our country. And their audiences had front row seats.
Those radio hosts have amazing tentacles of knowledge, reaching deep below the surface on many different issues. They have the depth that I’d been aching for, and missing so much in the mainstream media. I’d pretty much given up hope of finding it. And all of a sudden, there it was— Vigilant, awake and free.
Most importantly, JB Fields and the “New Media,” as everybody called it, gave me the confidence, and the hope, to tell my story again. They championed my cause with such enthusiasm that I felt like a phoenix rising from the ashes.
Like a lot of Americans, I started looking for America in some different places.
That’s when I found a blog journalist who proves that the New Media possesses every bit as much “class” and journalistic quality as the old media. And a darn sight more curiosity and devotion to investigative reporting.
It was Michael Collins, one of the truly cutting edge blog journalists today.587 I call him the Johnny Depp of blog journalism, because of his amazing versatility.
Michael Collins changed the whole dynamic of my fight.
Judge Mukasey retired from the bench the day of my release. Now he got nominated to become U.S. Attorney General, taking over from Alberto Gonzales, author of the infamous torture memos and the Guantanamo prison concept. Michael Collins published a round up of Judge Mukasey’s formidable career on the bench. Pointing to Mukasey’s final decision saving me from forcible drugging, Collins argued that Mukasey appeared to have a soft spot for the underdog in a fight. He might turn out to be a strong defender of individual liberties, a breath of integrity after the corruption of Alberto Gonzales’ cabal of anti-Constitutionalists.
EXTREME PREJUDICE: The Terrifying Story of the Patriot Act and the Cover Ups of 9/11 and Iraq Page 59
