Brandon Mayfield

Brandon Mayfield (born July 15, 1966) is an American attorney in Washington County, Oregon. He is best known for being erroneously linked to the 2004 Madrid train bombings. On May 6 2004, the FBI arrested Mayfield as a material witness in connection with the Madrid attacks, and held him for over two weeks. Mayfield was never charged, and an FBI internal review later acknowledged serious errors in their investigation. Ensuing lawsuits have resulted in a formal apology from the U.S. government, a $2 million settlement, and the overturning of provisions of the USA PATRIOT Act on constitutional grounds.

Background

Mayfield was born in Coos Bay, Oregon and grew up in Halstead, Kansas. He served in the United States Army Reserve from 1985 to 1989, and then as an officer in the Army in Bitburg, Germany from 1992 to 1994. He met his wife Mona, an Egyptian national and the daughter of a college professor, on a blind date in Germany in 1987, and converted to Islam following his marriage to her shortly afterwards. Although he was a regular worshiper at a Beaverton mosque, his colleagues were unaware of his religious beliefs. The imam of the mosque has described Mayfield as "very patriotic".

He studied law at Washburn University and Lewis and Clark College, receiving his law degree from Washburn in 1999, and practicing family law in Newport before moving to the Portland area. Mayfield performed work for the Modest Means Program of the Oregon State Bar, which matches attorneys who are willing to work at reduced rates for low-income clients. In 2003 he offered legal aid to Jeffrey Leon Battle, one of the Portland Seven, a group of people that was convicted of trying to travel to Afghanistan to help the Taliban. Battle at the time was involved in a child custody case.

Arrest and detention

Following the September 11, 2001 attacks, Mayfield was concerned for the safety of his children and wife, and according to his father, he suspected that he was under surveillance by the federal authorities. In the weeks before his arrest, Mayfield's family was under the impression that their house had been broken into at least twice, although nothing was stolen. According to court documents, the FBI used National Security Letters in order to wiretap his phones, bug his house, and search his house several times.http://www.ord.uscourts.gov/rulings/04-cv-1427Opinion.pdf]

A bag containing detonating devices, found by Spanish authorities following the Madrid commuter train bombings, had fingerprints that were initially identified by the FBI as belonging to Mayfield ("100% verified"). According to the court documents in judge Ann Aiken's decision, this information was largely "fabricated and concocted by the FBI and DOJ". When the FBI finally sent Brandon's fingerprints to the Spanish authorities, they contested the matching of the finger prints from Brandon Mayfield to the ones associated with the Madrid bombing. Further, the Spanish authorities informed the FBI that they had other suspects who were Moroccan immigrants in the case that were not linked to anyone in the USA. The FBI completely disregarded all of the information from the Spanish authorities, and proceeded to spy on Brandon and his family further.

As was discovered during the court case, even the FBI's own records show that this finger print, despite the sworn testimony of FBI and DOJ agents, was in all reality not an exact match but only one of 20 "similar" prints to the ones that were retrieved from Madrid. Based on that list of people with "similar prints" the FBI launched an extensive investigation in to all 20 individuals using Letters of National Security. The investigation included medical records, financial records, employment records, etc on all 20 people and their families. It was during this time that Brandon Mayfield's name rose to the top of the list.

The FBI arrested Mayfield at his offices in West Slope, an unincorporated suburb of Portland. The arrest was similar to the then-recent Mike Hawash case, under a material witness warrant rather than under charge; he was held with no access to family and limited access, if any, to legal counsel. The FBI initially refused to inform either Brandon or his family why he was being arrested or where he was being held.

Later, the FBI leaked the nature of the charges to the local media and the family discovered what the charges were by watching the local news. He was at first held at a Multnomah County jail under a false name; he was later transferred to an unidentified location. His family protested that Mayfield had no connection with the bombings, nor had he been to Spain in over 11 years.

Release

Following his arrest, Spanish authorities relayed their increasing doubts that the fingerprint on the bag was actually Mayfield's to the FBI, though these concerns were not communicated to Mayfield's attorneys. On May 19 the Spanish authorities announced that the fingerprints actually belonged to an Algerian national, Ouhnane Daoud; Brandon Mayfield was released from prison when the international press broke the story the next day - May 20, 2004. A gag order remained in force for the next few days. By May 25, the case was dismissed by the judge, who ordered the return of seized evidence and unsealing of documents pertaining to his arrest.

The FBI conducted an internal review of Mayfield's arrest and detention, concluding that although he was not arrested solely due to his religious beliefs, they may have contributed to investigator's failure to take into account the Spanish concerns over fingerprint identification. [ [http://www.usdoj.gov/oig/special/s0601/final.pdf USDOJ Report] ] The FBI issued a press release announcing the report's conclusion that they had not misused the USA PATRIOT Act in the investigation. [Fingerprint misidentification of Brandon Mayfield - [http://www.fbi.gov/pressrel/pressrel06/mayfield010606.htm Federal Bureau of Investigation] ] Civil libertarians and the ACLU nonetheless consider Mayfield's detention a misuse of the material witness statute. [Administration Abuses Material Witness Law - [http://talkleft.com/new_archives/011225.html#011225 TalkLeft.com] ]

Although the FBI afterwards apologized for their acts, Mayfield filed several lawsuits over this invasion of his privacy. One sought to force the government to return or destroy copies of items seized from his home. Another, which was argued before U.S. District Court Judge Ann Aiken on July 15, 2005, challenged the law which was used against him as unconstitutional. The Federal Government filed several motions to have Mayfield's case dismissed as a matter of national security, or national secrets, but these were denied by Judge Aiken.

The case was heard by the Ninth Circuit Court of Appeals. Among the issues on appeal was whether materials removed from Mayfield's house, including DNA samples taken from his family's personal toothbrushes, were to be destroyed or preserved. The Federal Government assumed the position that materials must be preserved so that they can be referred to, if more lawsuits are brought in the future.

On November 29, 2006, the U.S. government settled part of the lawsuit with Mayfield for a reported $2 million. The government issued a formal apology to Mayfield as part of the settlement. The settlement allowed Mayfield to pursue a legal challenge against the Patriot Act. [Wrongly accused man settles bomb suit - [http://news.yahoo.com/s/ap/20061129/ap_on_re_us/spain_bombings_fbi news.yahoo.com] ] The FBI was also cleared of wrongdoing in an earlier internal investigation.

On September 26, 2007, two provisions of the U.S. Patriot Act were declared unconstitutional. Finding in Mayfield's favor, Judge Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, "now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment," which violates the Constitution of the United States. [cite news|last=McCall|first=William|publisher=AP via ABC News|title=2 Patriot Act Provisions Ruled Unlawful|url=http://abcnews.go.com/US/wireStory?id=3657070|date=2007-09-26|accessdate=2007-09-26]

References and notes

External links

* [http://www.oregonlive.com/search/index.ssf?/base/front_page/108574563888130.xml?oregonian?fpfp Portland Oregonian: Residue of arrest clutters Mayfield's present, future]
* [http://www.oregonlive.com/search/index.ssf?/base/editorial/108565895653681.xml?oregonian?edc Portland Oregonian: Material witness law is being abused]
* [http://www.portlandtribune.com/archview.cgi?id=24586 Portland Tribune: How the FBI’s arrest of suspected terrorist Brandon Mayfield unraveled]
* [http://www.theaustralian.news.com.au/common/story_page/0,5744,9658028%255E1702,00.html The Australian: US backs down on detained lawyer]
* [http://wireservice.wired.com/wired/story.asp?section=Breaking&storyId=1140636&tw=wn_wire_story WIRED Magazine: January 2006 analysis of Mayfield case]
* [http://www.washingtonpost.com/wp-dyn/content/article/2006/11/29/AR2006112901155.html?nav=rss_nation/nationalsecurity Washington Post: Apology Note (text of official note of apology)]
* [http://www.democracynow.org/article.pl?sid=06/11/30/1452233 Democracy Now interview on November 30, 2006 with Brandon and Mona Mayfield]
* [http://www.jacksonholenews.com/article.php?art_id=1205 Jackson Hole News & Guide: Spence (Mayfield's attorney) says $2M settlement underscores loss of freedom]
* [http://www.msnbc.msn.com/id/5053007/ Associated Press care of MSNBC: FBI apologizes to lawyer held in Madrid bombings]
* [http://www.fbi.gov/pressrel/pressrel04/mayfield052404.htm FBI's May 24, 2004 Statement on Brandon Mayfield Case]
* [http://www.ord.uscourts.gov/Mayfield/mayfield.htm US District Court - Oregon: re Brandon Mayfield]
* [http://www.washingtonpost.com/wp-dyn/content/article/2006/11/29/AR2006112901179.html Washington Post: U.S. Settles Suit Filed by Ore. Lawyer]
* [http://www.cnn.com/2006/LAW/11/29/mayfield.suit/index.html CNN: Lawyer wrongly arrested in bombings: 'We lived in 1984']
* [http://www.nytimes.com/2006/11/30/us/30settle.html?ex=1322542800&en=0450419c94570958&ei=5088&partner=rssnyt&emc=rss New York Times: U.S. Will Pay $2 Million to Lawyer Wrongly Jailed]
* [http://www.ord.uscourts.gov/rulings/04-cv-1427Opinion.pdf Judge Ann Aiken's Opinion in the Sept 26 2007 Decision]