FBI

The mystery of John Doe No. 2

McVeigh may die, but the FBI's shoddy case means suspicions that he had at least one other accomplice will live on.

The main thing Joann Van Buren says she remembers about Timothy McVeigh is the $50 bill he wanted her to break. That, and the two men who accompanied him.

One day before he tore a hole in the nation’s psyche with the bomb that destroyed Oklahoma City’s Murrah Federal Building, McVeigh, Van Buren says, pulled up to the little Subway sandwich shop where she worked in Junction City, Kansas, driving the yellow Ryder truck that would contain the bomb.

Van Buren didn’t pay any particular attention to them at first. Another clerk waited on the men, but when they tried to pay for their meal with a large bill, she took notice.

“As soon as the $50 bill came up, I had to go to the safe to get the change,” says Van Buren today. “And when I gave them the change and they got their sandwiches, I remember them going back over to the corner, sitting down. And when they left, I remember three people getting into the truck. There were three people at the table.”

The clerks she worked with later told FBI agents that two of the men matched the descriptions of McVeigh and his cohort, Terry Nichols. The third was a shorter, dark-haired and muscular man with an olive complexion: a perfect fit for the figure destined to be known as John Doe 2.

Luckily, the Subway shop actually had a video camera recording that day’s events. When Van Buren contacted the FBI, agents interviewed everyone working in the shop on April 18. And when they were done, they confiscated the video recorded that day.

But if that tape showed a third co-conspirator with McVeigh and Nichols, no one outside the FBI can say. No one beyond the agency ever saw it. In the waning days of Nichols’ trial, his defense attorneys discovered the details of Van Buren’s story — which had only been described in generic terms in the FBI’s report, omitting her contention that two men accompanied McVeigh — along with information contained in some 43,000 other “lead sheets” that the FBI until then had failed to turn over to them.

Michael Tigar, who led the Nichols defense, tried in 1999 to use the FBI’s failures to produce all relevant documents to gain a new trial for his client. But U.S. District Judge Richard Matsch refused, saying the withheld material would not have altered the trial’s outcome.

He likely was right. In fact, Nichols’ jury had already refused to give him the death penalty largely because of some jurors’ belief that more people were involved in the bombing than merely McVeigh, Nichols and Michael and Lori Fortier, the Arizona couple who were acquaintances with the two men and who were the prosecution’s chief witnesses. That belief is also shared by thousands of conspiracy theorists who remain convinced the whole truth about the Oklahoma City bombing has not been told. Nichols’ verdict stands as nearly the sole validation that the bombing may not have been the product of two lone bombers.

And when the FBI admitted it had failed to turn over another 3,100 documents to defense attorneys, fresh fuel was thrown onto those fires. McVeigh’s execution was delayed a month as lawyers for both men started combing through the withheld information to see if it might give them an opportunity to overturn at least their sentences, if not their convictions. His execution is now scheduled for Monday.

But just as he hovered in the background of numerous eyewitness accounts like Joann Van Buren’s, the figure of John Doe No. 2 almost certainly lurks within those withheld documents — and he will continue to haunt the Oklahoma City case after McVeigh is executed. And, in an era that has seen more FBI foul-ups than any other time in history, the bureau’s inability to explain away the repeated accounts of additional participants in the bombings has raised legitimate questions about the quality of its own investigation — as well as fueled thoughts of larger conspiracies that will live beyond McVeigh.

Even the simplest investigations of seemingly straightforward crimes — let alone a massively complex one like the Oklahoma City case, in which some 35,000 witnesses were interviewed — can be complicated by the randomness and unrelated coincidences of real life. An unattached stranger who wanders onto a scene at some point can become a suspected accomplice for no reason other than bad timing.

The FBI has maintained that coincidence is the best way to explain John Doe No. 2, whose character sketch was drawn mainly from the account of an eyewitness at the Junction City shop where the Ryder truck was rented. That witness, the FBI says, mixed up his recollections and mistakenly identified a man who came in the next day to rent a truck — a 23-year-old soldier named Todd Bunting — as an accomplice of McVeigh’s. Bunting, who was cleared of any connection to the crime, vaguely resembled the composite drawing and wore clothes similar to those in the drawing, including a Carolina Panthers ball cap.

There is a kind of logic to the FBI’s conclusion. The Oklahoma City case was anything but straightforward, and the agency was hit with a near-apocalyptic flood of tips about the possible perpetrators of the bombing. The vast majority of them turned into time-wasting dead ends and wild goose chases, and the investigators were forced to turn to Occam’s Razor — the maxim that the simplest explanation for a mystery is most often the correct one — to shave down the possibilities.

McVeigh, a dead ringer for the John Doe No. 1 sketch, had been captured, and Terry Nichols (who looked nothing like John Doe No. 2) had turned himself in to authorities. The Fortiers were quickly tracked down and confessed to their relatively minor roles in the bombing as sympathizers who gave McVeigh a temporary base of operations and listened avidly as he planned the attack. And though there was no shortage of theories about the identity of Doe No. 2, no one who resembled him emerged as a possible co-conspirator.

Ultimately, investigators were forced to conclude that John Doe No. 2 was a phantom who never really existed. And that was the case they chose to take to the courts in their prosecutions of McVeigh and Nichols.

“There’s nothing there,” says FBI spokesman Steven Berry. “It’s a case where every avenue we went down, there’s nothing there. And we’re certainly not going to get behind it and say there’s something there or put it out that there is something when there’s nothing there. It’s chasing ghosts.”

Indeed, McVeigh himself steadfastly denies there was any John Doe No. 2. He told the authors of “American Terrorist” that he and Nichols alone had built and detonated the bomb and vehemently denied that anyone else had been involved. He also denied the existence of Doe No. 2 in a May 2 letter to the Houston Chronicle.

But even McVeigh’s own trial attorney, Stephen Jones, never believed him on this count. Jones believes McVeigh had substantial motive to lie about the involvement of others: For one, it covers the tracks of his cohorts, and it heightens his own role in the drama. Certainly “American Terrorist” captures McVeigh’s desire for martyrdom — he manipulated his appeals to expedite his execution — and admitting anyone else into the scenario would certainly diminish his starring role.

Jones also told reporters that McVeigh failed a lie-detector test when asked about John Doe No. 2. And McVeigh, he says, frequently covered up any traces of potential co-conspirators. Once he insisted he had not accompanied Nichols to a farm co-op to buy ammonium nitrate, but after learning that a clerk at the store identified Nichols and said there was a second man with him, McVeigh flip-flopped, telling Jones he had been the man there after all. The clerk, on the other hand, insisted that it hadn’t been McVeigh.

But when Jones’ defense team attempted to track down Doe No. 2, it ran into the same dead ends as the FBI. Nonetheless, Jones himself came to believe McVeigh was associated with a gang of white supremacists operating out of an enclave in rural Missouri called Elohim City.

That theory is also a favorite of conspiracists who see the Oklahoma City investigation as a massive coverup. Many of them go well beyond Jones’ relatively modest conjectures about the nature of the bombing to argue that the government itself was somehow involved in the bombing, as part of its plan to discredit the militia movement. The theory that McVeigh was set up looms large in the voluminous conspiracy theories that are the metier of the far-right Patriot movement. The Militia of Montana, for instance, continues to claim that there was a second blast — a charge set by federal agents, they say — recorded within seconds of the truck bomb (there was not; the seismic reports that form the basis of this claim actually recorded the impact of the mass of debris from the Murrah Building hitting the ground).

Others argue that a bomb made of ammonium nitrate and fuel oil could not have delivered enough force to cause the extraordinary damage of the Oklahoma City blast, and cite a study at a federal laboratory as proof. They are right. But then, the explosion set off by McVeigh actually was a high-octane mix of jet fuel and fertilizer, and the Murrah damage was entirely consistent with the force of that kind of bomb.

The theories that have gained the most currency among the conspiracy set are traceable to an Oklahoma journalist named J.D. Cash, who has built a minor career out of linking McVeigh’s activities back to Elohim City and other violent supremacist factions. The core of Cash’s theories revolve around McVeigh’s connections to a handful of people at Elohim City who shared anti-government (and deeply racist) views, suggesting that McVeigh and his co-conspirators were actually dupes of a federal informant acting as an agent provocateur.

However, Cash’s theories crumble in the face of a careful examination of the facts of the case. Cash makes much of the shadowy presence of a German neo-Nazi named Andreas Strassmeier and McVeigh’s attempts to contact him at Elohim City in the days before the bombing. But Strassmeier had little contact with McVeigh and was nowhere near any of the activities that produced the bomb, and he steadfastly denies any connection. Cash’s chief witness, an ex-debutante turned white-power pinup girl named Carol Howe who eventually worked as a Bureau of Alcohol, Tobacco and Firearms informant, has constantly changed her story in a way seeming to indicate that she was tailoring it to suit the needs of the conspiracists who promoted her tale.

These theories reached a kind of apex in the work of a British journalist named Ambrose Evans-Pritchard, whose 1997 book, “The Secret Life of Bill Clinton,” postulated that the former president covered up the government’s complicity in the bombing as part of a larger career of perfidy that included drug-running and murder. Though Evans-Pritchard’s work gained some favor among mainstream conservatives — Robert Novak, for instance, wrote a column extolling his theories — nearly every aspect of “Secret Life” has been roundly debunked.

Cash’s work surfaced again recently as a source for a report by the British newspaper The Guardian that linked McVeigh’s activities to those of the Aryan Republican Army, a gang of Midwestern bank robbers whose whereabouts eerily paralleled those of McVeigh at key moments in the run-up to the bombing. However, like nearly everything proceeding from Cash, the piece was built on a fabric of coincidence and speculation.

Indeed, there has been no shortage of candidates for the identity of John Doe No. 2, but nearly all of them lead to the same kind of factual dead ends. And it is precisely those failures that tend to bolster the government’s contention that the man in the sketch never existed as an actual conspirator in the bombing.

But the FBI’s explanation of the John Doe No. 2 theories is nearly as full of holes as the conspiracists’ scenarios — or at least, it leaves dangling a long list of unanswered questions. When it is examined, a troubling portrait emerges of an agency eager to tailor its investigation for the purposes of prosecuting a criminal case, rather than doggedly seeking out the truth.

Joann Van Buren is far from the only person in Junction City and Oklahoma City in the days before the bombing who says she saw McVeigh in the company of someone besides just Nichols. And she is far from the only person whose tip seems to have gone ignored by the FBI for just that reason.

The most definitive claim of a John Doe No. 2 sighting came from Tim Kessinger, an employee of Elliott’s Body Shop, where McVeigh rented the Ryder truck used in the bombing. Kessinger’s description provided the basis for the sketch that the FBI circulated of the suspect, and he later testified that he had probably mixed up his recollections of McVeigh with Todd Bunting’s rental the next day.

There were four employees present when McVeigh rented the truck, however, and all four continue to insist that a second man arrived and left with McVeigh. The shop’s owner, Eldon Elliott, and a clerk testified in court to this effect during the Denver trials.

Likewise, nearly all of the 12 reasonably credible witnesses who saw McVeigh in Kansas, and whose accounts have been made public, say he was in the company of other men, sometimes two or more, and only a few of these identified Nichols as one of them. A Herington convenience-store clerk said McVeigh came in two days before the bombing with a second man who was not Nichols. The manager of the McDonald’s across the street from Joann Van Buren’s Subway shop said McVeigh and “his associates” frequented the restaurant.

It is similarly telling that the prosecution in McVeigh’s trial never called a single witness who could place McVeigh in Oklahoma City the morning of the bombing — largely because they too saw McVeigh with other people. A substantial number of these sightings include a man who fit the description of John Doe No. 2.

The most striking of these accounts come from a pair of highly credible witnesses who contacted the FBI early in the investigation and provided a description of the muscular, dark-haired man with McVeigh well before the FBI released the sketch of John Doe No. 2. One of them told an Oklahoma City grand jury that he saw Timothy McVeigh fleeing the scene of the bombing with such a man — and reported it to the FBI the night of the bombing.

“I saw two individuals, Timothy McVeigh and John Doe No. 2, cross Fifth Street just minutes before the blast,” said Rodney Johnson, 34, in his testimony. Moments later, the bomb blew out the windows of Johnson’s truck.

Johnson said McVeigh and John Doe No. 2 “were in step, one behind the other. They were definitely together.”

A similar account turned up in the withheld “lead sheets” turned over last month to defense attorneys. Morris John Kuper Jr. called the FBI two days after the bombing to urge the bureau to look into activities he witnessed in a parking lot a block away from the Murrah Federal Building an hour before the bombing. Kuper testified at Nichols’ trial that he saw McVeigh with a man fitting John Doe No. 2′s description getting into a light-colored car similar to the battered Mercury in which McVeigh was later caught. Kuper also said he called the FBI to suggest they check cameras at a nearby library and phone-company offices on the chance they might have caught something on video, “but they took my name and phone number and never contacted me again.”

Almost as striking was the testimony, in McVeigh’s trial, of a woman who lost her leg and her family in the bombing. Daina Bradley, who was standing in line at the Murrah Building’s Social Security office that morning with her mother, sister and two children, saw the Ryder truck pull up to the front of the building. And she said she saw two men, not one, get out of the truck’s cab. She got a clear view of only one of them, describing him as an “olive-complexion man with short hair, curly, clean-cut. He had on a blue Starter jacket, blue jeans, and tennis shoes and a white hat with purple flames.”

However, Bradley’s testimony was severely undermined when the 21-year-old admitted she had previously told investigators she had seen only the olive-skinned man get out of the truck. When prosecutors pointed out that she had self-admitted mental problems that affected her memory, some of them related to the trauma she suffered during the bombing — all of her family members with her were killed, and Bradley herself had to be cut out from the rubble, by a doctor who amputated her leg with a knife — she broke down on the stand.

The problem with all these accounts, as any criminologist can attest, is that eyewitness testimony is notoriously unreliable. Nonetheless, the breadth of the 20 or so people who saw the man fitting the description of John Doe No. 2 — including those whose accounts preceded the wide distribution of the police sketch — is striking .

John Doe No. 2 isn’t the only riddle the FBI has failed to adequately explain. No one has apparently been able to explain, for example, the bombing’s rarely acknowledged 169th victim.

When sifting through the debris of the Murrah Building, workers encountered numerous body parts, including nine severed legs. Only eight of those legs, however, were eventually matched up with bodies.

The owner of the ninth leg — apparently a dark-skinned person, according to the medical examiner’s testimony in the McVeigh trial — has never been found, leading investigators to conclude that its owner was very near the blast when it occurred, and other body parts were obliterated by the explosion. There is the possibility that it belonged to a random passerby, but there are no missing person records relevant to the Oklahoma blast, and even extensive searches among homeless service agencies in the area failed to turn up any likely subjects.

There’s also confusion around the question of how the bomb was constructed. McVeigh claims in “American Terrorist” that he and Nichols alone managed to load several tons of liquid jet fuel and ammonium nitrate into the Ryder truck and mix it into lethal explosive all in the span of three hours. Considering the difficulty of such work — particularly that of mixing the chemicals — McVeigh’s account stretches the limits of credulity.

A more reasonable explanation for the construction of the bomb can be found in the testimony at Terry Nichols’ trial. Charles Farley, a local sporting-goods rental shop worker, told the courtroom that he passed by Geary Lake at the time the bomb was being built, and saw not only the Ryder truck, a two-ton farm truck loaded with white bags of fertilizer and a car similar to McVeigh’s getaway car, but at least five men working around the scene.

“Initially, when I got to the gate, there was one individual standing at the back of the farm truck, at the back left corner of the farm truck,” Farley testified. “I seen three individuals standing down between the Ryder truck and the brown car, one of them standing in the — in the road just a little bit, one of them leaning against the front of the Ryder truck and the other one just kind of standing between them.”

Farley said he made to drive out of the area, pulling just beyond a gate nearby. “As soon as I was out, I seen an individual walking alongside of the farm truck. He was probably at the cab when I first seen him. And I was really going slow. I mean, I was just creeping. And I was going to roll the window down and ask him if he needed some help. And — [he] give me kind of a dirty look and I decided, well, if you’re going to be that way, me too, and I’m just going to leave; so I just drove away.”

Farley said he couldn’t identify any of the other men, but he got a clear view of the man who shot him a look. Nichols’ defense attorneys handed him a photo of a gray-bearded man, and Farley said it was the man. The Rocky Mountain News later tracked down the identity of the man in the photo and found it was a 60-something member of a local Kansas citizens’ militia group named Morris Wilson.

Strangely, prosecutors did not attempt to rebut much of Farley’s testimony, which came on the last full day of defense testimony. It proved a crucial error in judgment. The jury convicted Nichols, but only of the lesser crime of taking part in the conspiracy and involuntary manslaughter, eschewing the murder and bombing charges that would have brought him the death penalty. Several of the jurors later said that Farley’s testimony had convinced them that there was a wider conspiracy.

The jurors were not alone. In the sentencing phase of the trial, Judge Matsch himself indicated he was not convinced that everyone involved in the bombing had been brought to justice when he offered to lighten Nichols’ life sentence in exchange for information about other participants. He said many questions about the case remained unanswered, adding: “If the defendant in this case, Mr. Nichols, comes forward with answers or information leading to answers to some of these questions, it would be something that the court can consider in imposing final sentence,” Matsch said.

But defense attorney Michael Tigar demurred, explaining that Nichols couldn’t discuss the bombing without jeopardizing his chances in the face of a near-certain second trial on state murder charges in Oklahoma. “We will consider your honor’s words carefully,” Tigar said, “but I hope it’s understood that we don’t labor here without those constraints.”

There were other indications that Nichols was apparently prepared to start naming co-conspirators. And therein lies the most compelling evidence that there was a John Doe No. 2 — as well, perhaps, as a John Doe No. 3 and even a John Doe No. 4 — involved in the Oklahoma bombing.

But any chance of that went out the window when Oklahoma officials, eager to hand him the death penalty, decided to pursue their own case against Nichols. His murder trial — which had been scheduled to begin this month — is now on hold, as his new defense team sifts through the FBI’s withheld documents.

The most famous instance of the FBI’s disturbing propensity to take action built around a predetermined (and factually flawed) scenario is the Richard Jewell case, when agents decided that the former security guard had perpetrated the pipe bombing of the Atlanta Olympics in 1996.

Not only was Jewell’s name dragged through the mire, but the trail of the real killer grew cold as agents focused their energy on a man later proven to be innocent. It was only when the likely bomber, right-wing terrorist Eric Rudolph, set off more bombs at gay bars and abortion clinics around the South that the FBI finally picked the trail back up. By then, of course, it was too late for his subsequent victims — and Rudolph to this day remains at large.

Combine that with fiascoes at Ruby Ridge, Idaho, and Waco, Texas, where federal agents decided to bring the full force of their armaments into play against religious fanatics, and a pattern has emerged of an agency unwilling to shift from an original theory or plan of attack.

That stubbornness has frequently appeared in play in the government’s Oklahoma City bombing investigation. A month before McVeigh’s 1997 trial, prosecutors were prepared to argue that he had used a fertilizer-diesel oil mix for the bomb, even though there was clear evidence in lab analyses of the explosion’s force that the bomb was not of that type. But the FBI had obtained receipts showing Nichols had purchased two tanks of diesel for his pickup truck, and had even gone so far as to enlist as witnesses entomologists who had done autopsies on dead insects found in puddles of diesel at Geary Lake, Kansas, where McVeigh and Nichols had put the bomb together. It was evidence FBI agents had found — even if they knew it didn’t prove anything.

But then, on the eve of the trial, Playboy magazine ran an article on the case that included information from documents leaked by McVeigh’s defense team. In those documents, McVeigh had said that he used nitromethane, a high-combustion jet fuel, in the bomb and had obtained it at a racetrack south of Dallas.

“Of course, Lori Fortier had been telling them this all along, that McVeigh said he had nitromethane,” says Kevin Flynn, a veteran reporter for the Rocky Mountain News in Denver who covered the trials. “But since they couldn’t prove it, and they couldn’t locate where he might have gotten it, they couldn’t go to the jury with it, so they went with a false story — a story they had reason to believe was false, that it was diesel fuel, only because they could show that Terry Nichols bought two tanks of diesel fuel that weekend, and that he had a siphon. So they were going to go with a false story, because they couldn’t prove the one they thought was true.”

According to Flynn’s reporting, though, after the Playboy story prosecutors realized they needed more. “They went down to Dallas, they found the racetrack, they looked at the calendar, they got the race dates there in October and they tracked down all the nitromethane sales people. And one guy said, ‘Yeah, a guy came in and paid cash for three barrels, who kind of looked like McVeigh.’ He couldn’t do a positive ID two and a half years later, but he was a credible enough witness that they changed their whole story on the eve of the trial.”

There are other indications that the FBI chose to simplify the case at the expense of potential leads. According to testimony by the FBI’s own fingerprint witness at the McVeigh trial, there were thousands of fingerprints recovered in the investigation. The witness testified on cross-examination that there were roughly about 1,100 fingerprints that they did not try to identify. Instead of cross-referencing them in a broad search, they simply checked them against a handful of potential John Doe No. 2 suspects. The agency has never explained why it chose such a limited check.

A more traditional problem with the FBI’s modus operandi cropped up in the investigation, too — namely, its high-handed treatment of local law enforcement officials, which often takes the form of ignoring important information they possess. This was especially striking to police in the rural Kansas precincts where McVeigh and Nichols constructed the truck bomb. A number of them offered leads that still appear promising, but their attempts fell on deaf ears.

“I can tell you that the frustration level around here was just enormous,” says Suzanne James, a former deputy prosecutor in Topeka who had information on some of the militiamen with whom Morris Wilson associated. “When the FBI came in here, they just plain wouldn’t listen to anything anybody local told them.

“If nothing else, I think the FBI owes the public an explanation, if these people were investigated, why they were eliminated as possibilities,” says James. “Otherwise, you have one of these endless things like the Kennedy assassination.”

Even analysts whose work is often devoted to debunking conspiracy theories are troubled by the lingering riddles in the Oklahoma City bombing.

“I think it’s not a closed case,” says Mark Potok, director of the Southern Poverty Law Center’s intelligence-gathering arm. “I think that certainly there’s the possibility that there are two or three or perhaps more people out there still. I absolutely don’t think that’s certain. That said, I think there’s no question there are unanswered questions.”

Now, the best prospect for settling the mysteries of Oklahoma City no longer lies with the investigators at the FBI, or whatever secrets may emerge among the thousands of recently disclosed documents. And it appears it may very well not happen before McVeigh is executed. However, not all of McVeigh’s secrets will die with him. Nichols will remain very much alive, pending the outcome of his state trial. And in that setting, there is at least a reasonable chance — particularly if the sentencing judge replicates the offer Judge Matsch made to Nichols — that the identity of John Doe No. 2, or whoever it was that helped him bomb Oklahoma City, could finally come to light.

David Neiwert is a freelance writer based in Seattle. He won a 2000 National Press Club award for distinguished online journalism, and is the author of "In God's Country: The Patriot Movement and the Pacific Northwest."

Who gets to be an FBI threat?

A recent Rolling Stone article raises troubling questions about FBI entrapment schemes and their targets

The five men arrested on April 30 for plotting to blow up a bridge near Cleveland, Ohio. (Credit: AP/FBI)

Writing in Rolling Stone this week, Rick Perlstein looks at how the FBI regularly entraps and creates “terrorists” out of anarchists and activists, while comparatively ignoring violent white supremacist groups.

Using some recent examples, Perlstein paints a startling picture. He notes the arrest this month of a small group of self-identified anarchists, participating in Occupy Cleveland, who — strung along in an FBI sting — planned to blow up a large Ohio bridge. The target was suggested and (fake) C-4 explosives were provided by an FBI infiltrator. As Perlstein put it, the episode was one among numerous law enforcement schemes since 2001 in which “the alleged terrorist masterminds end up seeming, when the full story comes out, unable to terrorize their way out of a paper bag without law enforcement tutelage.”

Perlstein contrasts the Ohio arrestees with another recently arrested group: The American Front, a “known terrorist group” of Florida-based white supremacists who — without FBI encouragement — “took a break from training with machine guns for a race war in order to fashion weapons out of fake ‘Occupy’ signs which they planned to use to assault May Day protesters in Melbourne, Florida.” While anarchists, animal rights activists and Muslims pass muster as federal targets, organized hate groups do not.

The distinction between entrapment (which is illegal) and a sting (which is legal) now appears to be a much eroded line in the sand. As Perlstein’s piece points out, it is up to a jury once arrests have been made whether law enforcement set up a trap or a sting. In previous decades, defendants have been acquitted in cases of entrapment; but not in recent years:

Not a single “terrorism” indictment has been thrown out for entrapment since 9/11 – not the Liberty City goofballs supposedly planning to blow up the Sears Tower who had no weapons and refused them when offered; not the Newburgh, New York outfit whose numbers included a schizophrenic who saved his own urine in bottles. (Even the judge who sentenced them said “the government made them terrorists.”)

One of the most famous recent cases of FBI infiltration — which is not mentioned in the Rolling Stone article — hangs over anarchist networks worldwide. Brandon Darby, the once trusted activist and organizer-turned-FBI-informant and now writer for Andrew Breitbart’s Big Government, is the dirtiest name to utter in anarchist circles. Darby infiltrated groups organizing protests around the 2008 Republican National Convention in St. Paul, Minn. Darby fed the FBI information, which helped them seize riot shields made by a group from Texas. Enraged by the seizure (but still viewing Darby as a comrade) two young men from Austin, David McKay and Bradley Crowder, bought the materials for and constructed Molotov cocktails with the thought of using them against state vehicles. The two, however, decided overnight that this was a bad idea — and left the devices at home, with no intention of using them.

Darby passed information about the Molotov cocktail plans on to the FBI, and McKay and Crowder were arrested and charged with domestic terrorism. While Crowder accepted a plea deal without trial for a two-year prison sentence for making the devices, McKay went to trial, arguing Darby entrapped him. The trial ended with a hung jury. Before the retrial, however, McKay retracted claims of entrapment and agreed to accept a plea deal (and serve a four-year prison sentence, for making the Molotovs and perjury).

Perlstein notes that “the State is singling out ideological enemies” – and if federal sting targets are much to go by, the State’s position is clear: anti-capitalists, environmentalists and Muslims are threats; racists are not. We can respond by decrying FBI activity, and by arguing that their targets are not real threats. Or, we can take patterns of FBI activity more seriously and ask why anti-capitalists are more threatening than white supremacists. This line of questioning can likely be reduced to two questions, chanted again and again up and down the country when protest front lines are faced with lines of police: “Who do you protect? Who do you serve?”

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Natasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com

FBI heroically locks up ridiculous anarchists on May Day

Feds stop inept radicals from carrying out a plot feds helped them conceive and carry out

U.S. Attorney Steven Dettelbach, left, and FBI special agent in charge Stephen Anthony walk past a map showing the location of a bridge on Ohio Rt. 82. Five men, pictured on the wall behind the map, have been arrested for conspiring to blow up the bridge. (Credit: AP/Mark Duncan)

Happy May Day, fellow travelers! If you’re not currently disrupting capitalism and/or having your wrists zip-tied for exercising your right to freely assemble, you probably read about the Federal Bureau of Investigation’s latest, not-at-all suspiciously timed terror sting. The Bureau, in an inspired bit of early-20th century nostalgia, has railroaded a bunch of dangerous anarchists. (Or “dangerous” “anarchists.”) America will not waver in the face of the Galleanist threat!

Five young men from Cleveland are now in jail, accused of plotting to “blow up a bridge in the Cleveland area,” according to the FBI’s triumphant press release/criminal complaint. As is always the case with FBI terror stings, the “sting” part involved the bureau’s informant/agent provocateur mostly inventing the plot the accused have now been arrested for. In this case, the five planned to detonate smoke bombs as a distraction as they “topple[d] financial institution signs atop high rise buildings in downtown Cleveland.” But the informant (as usual, a sketchy unnamed character with a checkered past) strongly pushed the group to seriously consider different, more extreme plots. At the end, some or all of them were going to plant C-4 on the Route 82 Brecksville-Northfield High Level Bridge over the Cuyahoga Valley National Park.

So what was initially a political action aimed at financial institutions somehow morphed into a supposed attempt to destroy or damage a piece of publicly owned infrastructure in a national park. Anarchists sure do hate bridges, and parks, I guess. (No parliament of men has the authority to designate which spaces are “national parks”! The whole world is the worker’s national park!)

The FBI’s affadavit suggests that there was never actually a serious “plot.” The gang tossed around the idea of “taking out” a bridge in order to stop people from getting to work, but they also thought maybe they could use their (pretend) C4 on a Klan rally, or a neo-Nazi organization, or an oil well, or the Federal Reserve Bank. They eventually decided to maybe sink a ship. All of their many plans were super serious and well-thought out. (“To prevent capture, he suggested getting tacks that they could throw out of the back of a car if they get in a chase.”) Eventually they settled on the bridge thing, sort of, and bought fake IEDs from the guy they already suspected was a cop.

In other words, these are a bunch of dumbasses even by the standards of amateur “black bloc” dumbasses. Do you know how I know these morons weren’t serious? They planned to download the Anarchist Cookbook and follow its notoriously awful instructions. Every experienced anarchist knows that the Feds have a mole in your group house, but these guys were mainly concerned with having someone’s “hacker friend” explain to them how bitcoins work. Without the FBI’s intervention the most damage these idiots would’ve ever caused is a broken Starbucks window. So thank god they’re off the streets, and congrats to the FBI for getting this tale of dangerous, bomb-planting anarchists onto the news broadcasts on the day of Occupy’s big May Day action.

(At least the Feds are branching out from only targeting Muslims in these ridiculous “stings.” Some day all Americans, regardless of creed or color, will have their circle of friends secretly infiltrated by a paid informant.)

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

U.S. intelligence unmasked

The author of a new FBI book talks about what being a spy is really like and ways to balance liberty and security

This interview first appeared in The Browser, as part of the FiveBooks series. Previous contributors include Paul Krugman, Woody Allen and Ian McEwan. For a daily selection of new article suggestions and FiveBooks interviews, check out The Browser or follow @TheBrowser on Twitter

The job of the intelligence services is to understand others and help leaders act more wisely, says Tim Weiner, the author of a new history of the FBI. There’s also, he tells us, a balance to be struck between liberty and security.

The BrowserYou have spent decades studying the inner workings of America’s intelligence system, and the past few years looking at newly released files from the FBI. What will we learn by reading your new history of the FBI, “Enemies”?

You will learn that the Bureau has served first and foremost as a secret intelligence service reporting to the president of the United States. In its first incarnation under J. Edgar Hoover, who ruled the Bureau for 48 years, the FBI was the president’s secret intelligence service. Today, 40 years after Hoover’s death, we still live in the shadow of his legacy. How do you run a secret intelligence agency in an open and democratic society? How do you balance national security and civil liberty? How can we be both safe and free? These are questions that Hoover struggled with, and that we struggle with still.

Your prize-winning book about the CIA, “Legacy of Ashes,” was called “a credible and damning indictment of U.S. intelligence policy” by Publishers Weekly. What are the counts in your indictment, if you agree with that assessment?

I certainly agree that “Legacy of Ashes” is credible, because every assertion is documented. There are about 200 pages of endnotes, and about 80 pages of endnotes in “Enemies.” When I say something, I back it up. But “Legacy of Ashes” is not an indictment of the CIA. The CIA and FBI are reflections of who we are as Americans. We are the most powerful nation on earth. We project our power across the globe, and in order to do that we need good intelligence. When intelligence fails, war happens and people die. When intelligence succeeds, war can be prevented and lives can be saved.

America is not very good at gathering intelligence, but we’re getting better. It’s understandable, because Americans have only been at it in a serious and concerted way since World War II. The British have been at it since Queen Elizabeth I, over five centuries. The Russians have been at it since Peter the Great. And the Chinese have been at it ever since Sun Tzu wrote “The Art of War,” so 26 centuries.

I want my books to serve not as an indictment but as a warning. If the U.S. doesn’t strike the balance correctly between security and countervailing concerns, we may lose our rights and our liberties, and we may not survive as a free republic. We have made many mistakes, the consequences of which can be measured in blood and treasure, but we are improving – particularly over the last three years.

Let’s turn to the books you’ve chosen, beginning with Sun Tzu. Tell us about “The Art of War,” and what an ancient Chinese military treatise has to do with contemporary U.S. intelligence.

Sun Tzu, a Chinese general 26 centuries ago, tells us: “If you know your enemies and know yourself, you can win a hundred battles without a single loss.” That is the mission of intelligence. We can build all the billion dollar spy satellites we want – and we do – but to know your enemy is to talk to him in his own language. That is the job of spies, and that is what “The Art of War” teaches.

Chapter seven focuses on the dangers of direct conflict. How do U.S. intelligence agencies, as Sun Tzu says, “subdue the enemy without fighting”?

Through intelligence. Intelligence is the art of war without weapons.

How about black ops?

Well, you need to define what that is. Is it disinformation, lying, cheating or stealing? Black ops can mean all of those things. It can mean propaganda. It can mean putting a spy in the enemy’s camp. It can mean putting a bomb under the hood of the car of an Iranian nuclear scientist. The phrase “black operations” encompasses a multitude of sins.

All of them committed by U.S. intelligence?

The last one I listed was the work of the Israelis.

Let’s turn to a 1964 book that brought to light the role that intelligence services played in U.S. foreign policy.

“The Invisible Government” was the first reported book that actually described what the CIA did. It was written almost 50 years ago, and was a landmark. It explained that the CIA was not James Bond, which was just then becoming popular – that intelligence was not a matter of flying into a foreign capital in a trench coat, overthrowing a government, having a martini, making love and then catching the next plane. It showed that intelligence was a difficult, dirty, dangerous and at times tedious business which was about information, and how information meant power.

So it’s a very good book that is still vital today. And David Wise is still writing great books about intelligence.

In the introduction, the author defines the invisible government as the “interlocking, hidden machinery that carries out the policies of the United States… a loose, amorphous grouping of individuals and agencies drawn from many parts of the visible government”, with the CIA “at its heart”. Is that 50-year-old description of America’s intelligence apparatus still accurate? How did 9/11 change the structure of U.S. intelligence?

Things got much more complex. There are now 17 different American intelligence services, with a bureaucracy of interlocking directorates above them overseen by the Director of National Intelligence. All of them are required to report to the secretary of defense, who in turn reports to the president. In the last three years things have gotten better, largely due to the author of our next book.

That author is former CIA director and U.S. secretary of defense, Robert Michael Gates.

Robert Gates was the head of the CIA under the first President Bush. Under the second President Bush, at the end of 2006, he succeeded the irascible Donald Rumsfeld as secretary of defense. He stayed on under Obama until just a few months ago.

Gates, as you can see in “From the Shadows,” really understands how intelligence can serve and do disservice to the president of the United States. He probably had more experience in intelligence than anyone who has ever been secretary of defense. The secretary of defense basically runs the show when it comes to intelligence. We spend somewhere just south of $100 billion a year – the precise amount is classified – on intelligence, and the secretary of defense controls 85 to 90 percent of that.

Tell us more about this book.

Bob Gates basically got off the bus from Wichita, Kan. in 1966 and went to work for the U.S. government. He went from the air force to the CIA. After learning Russian, he became an expert – as we defined it – on Russia during the Cold War. He himself never went to Russia until the Cold War was ending, even though he was considered to be among the leading experts on the USSR. He got off the plane and Gorbachev said to him: “How does it look from the ground?” Because the U.S. had been staring down at the Soviet Union from spy satellites and planes, but we didn’t understand what was going on on the ground. We could count the missiles, but we didn’t see the potatoes rotting in the field because there wasn’t enough fuel to take them to market.

Gates learned through bitter experience, over the course of half a century, how intelligence works. It’s an amazing book. And as secretary of defense he used that knowledge to improve our intelligence services.

What precisely is the relationship between the Department of Defense and the U.S. intelligence apparatus?

Ultimately, intelligence should serve the national security of the United States. When you get up in the morning and open the paper or turn on your computer, you want to know: Is the world safe? Is my country safe? Is my city safe? Is my family safe? That is what the president wants to know too, and that is the job of intelligence.

Can any flow chart explain the relationship between the 17 agencies that are part of the U.S. intelligence service and Department of Defense?

In theory, it’s a bunch of boxes that connect and send intelligence up through the director of national intelligence and the secretary of defense to the president. In the past, it has worked more like 17 different musicians with 17 different scores playing a cacophonous tune with the conductor flailing his arms madly. But we’re getting better at it.

Next you cite one of Barbara Tuchman’s lesser-known works of history, “The March of Folly.” Tell us about it.

In short, this is one of the greatest books ever written. Why did the Trojans take in the wooden horse? Why was America in Vietnam? Barbara Tuchman explores those questions, and the answer is folly – leaders acting against the interests of their constituents.

Folly explains so much of the history of world events. People believe that the world is run by conspiracies because that is what they read in novels and see on cheap TV series. But the course of world events is determined less by conspiracies than it is by stupidity. Why did the British lose the United States? How did the Renaissance popes bring on the Protestant reformation? Folly. Lack of intelligence.

Please connect the dots to our topic of intelligence.

Consider the three meanings of the word intelligence. It is the power of your mind; it is secret information; and it is secret action taken in the name of a nation. If we had more intelligence we would know our enemies, have fewer wars and there would be less folly throughout history.

If the Trojans knew the Greeks were in the horse, they wouldn’t have opened the gates.

Exactly. Why did they let the horse in? Folly.

“The March of Folly” is used to teach blind spot analysis in business schools, a method for uncovering faulty or obsolete assumptions. How do intelligence agencies perform blind spot analysis to prevent the sort of folly that Tuchman described?

“The March of Folly” explains how not to make decisions. Leaders must learn to act only out of enlightened self-interest. To use power wisely, they must make intelligent use of information. If they blunder on based on faulty assumptions, then the Greeks end up inside of Troy and Americans wind up mired in Vietnam for a decade.

Let’s end with George Orwell’s “1984.” Most of us know it, but please explain why you chose it.

None of us love Big Brother, but we all know he is part of the family. Big Brother is like the uncle we don’t like who has to be invited for Christmas. The question is: How do we live with Big Brother without him ruining our lives?

“1984″ described, in 1948, what the modern surveillance state was going to look like. At the time, J. Edgar Hoover was creating that surveillance state. He is the man who invented the fingerprint file. Every camera that stares down on us in Washington, New York and London, and every bit of biometric data collected on us, is a tribute to Hoover. The greatness of Orwell’s book is that he saw it coming and described it in terms we could understand. What Orwell foretold in “1984″ was already happening as the book was being published. And that is what my history of the FBI, “Enemies,” is about.

But you suggest that America’s Big Brother is a bit of a bumbling uncle.

Like I say, we’re relatively new at this. We’ve only been at this in a serious way since World War II. The lessons of Sun Tzu are 26 centuries old and we’re only just internalising them. So give us a chance.

Also, to know your enemy you must talk to him in his own language. Nowadays that might be Arabic or Pashto or Chinese or Urdu. We don’t speak those languages very well. We want everyone to speak English. We want everyone to look like us, think like us and be like us. That isn’t a very good cultural climate for producing successful intelligence, nor for the enduring projection of power.

During a visit to the FBI, as you point out, President Obama proclaimed “we must always reject as false the choice between our security and our ideals.” But you suggest that liberty and security are opposing forces. How has the pendulum swung between liberty and security? And which way is it swinging now?

In the introduction to “Enemies” I point out that Alexander Hamilton, writing in 1787, said almost exactly the same thing. We have to have liberty and security. They are opposing forces and there is a constant tug of war between them. We strive to strike the right balance.

I would argue that over the last three years we’ve been getting it less wrong than we once did. Have we been attacked in a serious way? No. Have we created any new secret prisons? No. It was the FBI who reported the abuses in Abu Ghraib. It was the FBI director, Robert Mueller, who stared down George W Bush and told him to scale back electronic eavesdropping. Robert Mueller is an ex-Marine and also a great respecter of civil liberties. He has said that he is not going to go down in history as the guy who won the war on terror but took away our civil liberties – because that would be a pyrrhic victory.

When the FBI makes mistakes under Mueller, it admits and corrects them. He and the people he reports to must strike the balance between liberty and security every day. Lately, we’re doing a pretty good job. There will always be mistakes. Getting the balance precisely right is extremely difficult and, like democracy itself, is a work in progress.

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The love J. Edgar Hoover does not deserve

Clint Eastwood's kindly biopic of the FBI director skims over the vicious racist

Leonardo DiCaprio in "J. Edgar"

Historic verisimilitude has never been Hollywood’s top priority, and its latest blockbuster, “J. Edgar,” is no exception.

Director Clint Eastwood, who often played the part of a lawman on the big screen, is now serving up what amounts to a brief for the defense of the FBI’s legendary director, J. Edgar Hoover (played by Leonardo DiCaprio).  In the process, Eastwood distorts the historical record, omitting  facts about Hoover’s ruthless abuse of power, and even sanitizing the infamous cross-dressing rumors involving America’s top cop.

The film deservedly gives Hoover credit for establishing the first federal police force that used modern forensics to nab bad guys, especially Prohibition-era gangsters whose grisly kidnappings and murders had captivated the public’s appetite for the lurid underworld of criminals and their molls. Eastwood also provides a plausible rationale for Hoover’s lifelong paranoia about Communism:  Soon after World War I ended, the Washington home of Hoover’s boss, Attorney General A. Mitchell Palmer, was bombed by an anarchist.

Fair enough.

But the biopic inaccurately portrays Hoover as a critic of Sen. Joe McCarthy. In fact, the FBI director was a crucial ally of the Red-baiting demagogue.  Indeed, at Hoover’s personal direction, agents spent hundreds of hours perusing FBI files to supply McCarthy with evidence of Communist subversion.   Hoover also coached McCarthy about how to insulate himself from criticism by labeling targets as “loyalty risks” instead of “card-carrying Communists,” which was harder to prove.  A Hoover deputy even instructed McCarthy on manipulating press coverage by releasing his attacks just before news deadlines so that reporters wouldn’t have time to interview the other side.

Nor does the film discuss Hoover’s order to “neutralize” Eastwood’s one-time costar, actress Jean Seberg, by falsely telling journalists that she was pregnant thanks to a leader of the Black Panthers.  Seberg later committed suicide; her family blamed the FBI smear.

The biopic does portray Hoover’s obsession with Martin Luther King Jr., ostensibly because of his ties to Soviet agents, which led to FBI bugs that captured the civil rights leader’s marital infidelity.  But here, too, “J. Edgar” underplays Hoover’s nefariousness.   In fact, the FBI planted listening devices in King’s home, office and hotel rooms, recording more than a dozen large tape reels whose contents Hoover provided to numerous parties: the president and vice president, the attorney general, the secretary of state, the secretary of defense, the CIA, the military, the United Nations, members of Congress, and the press.

What vital intelligence did Hoover disseminate?  That King, according to Hoover, was a “tom cat” with “obsessive degenerate sexual urges.”  The FBI claimed to have recorded King in flagrante during group sex parties in which, according to FBI transcripts, he boasted of his prowess (“I am the best pussy-eater in the world”) and invoked Jesus while in the throes of passion: “I’m fucking for God!”

Ultimately, FBI accounts of King’s sexual antics turned out to be embellished.  Although King committed adultery, a Hoover deputy involved in the smear campaign later admitted that the African-American voices captured on FBI bugs may actually have been those  of King’s associates;  to the white agents who made up Hoover’s force, all black voices evidently sounded the same.  Still, that didn’t stop Hoover’s minions from compiling yet another field report that spread the preposterous story that King, after accepting the Nobel Peace Prize, got drunk and chased prostitutes down the hallway of his Oslo hotel — while stark naked.

Hoover stubbornly believed his incendiary leaks would “destroy the burrhead.”  But they didn’t.  Despite Hoover’s best efforts to spread the dirty details, no member of the press reported on them; in the mid-1960s, such gossip-mongering was anathema to the mainstream media.  Still, no journalists had the courage to reveal the FBI’s witch hunt against King, either; news executives feared crossing Hoover no less than the politicians who were routinely blackmailed by him.  (According to author Curt Gentry, Hoover blocked a critical magazine article by circulating photos of the publisher’s wife performing fellatio on her black chauffeur.)

Even King’s assassination didn’t stop the FBI’s vilification.  Indeed, the worldwide grief over his murder made Hoover more determined than ever to resurrect the salacious stories about the martyr’s sex life.  This time, the FBI found a willing outlet: columnists Drew Pearson and Jack Anderson, who quoted from Hoover’s classified files about King’s “illicit love affair with the wife of a prominent Negro dentist.”  (Anderson later decided that Hoover had used him to implicate King in “a posthumous scandal, to turn even his death into a sordid affair.”  Three years later, Anderson paid him back by becoming the first prominent mainstream journalist to turn on Hoover — rifling through his trash, exposing his financial corruption and blackmailing techniques, even hinting that he was gay.)

And what about such gossip, including that Hoover had a secret double-life as a drag queen?  In Eastwood’s movie, the rumor is transformed from the erotic to the morose: Minutes after the death of Hoover’s mother, he grieves near her body, weeping mournfully as he dons her necklace and a favorite dress.  The lawman is not a sexual pervert, you see, just a faithful and bereaved son.

In truth, the outlandish cross-dressing story was circulated more than three decades after it allegedly occurred, when a witness of dubious credibility told writer Anthony Summers that she saw Hoover at a New York orgy, engaging in sex with young boys while reading a Bible. He was supposedly dressed in a red skirt, lace stockings, high heels and curly wig, a black feather boa around his neck and makeup with false eyelashes on his face.

Perhaps the posthumous vilification of Hoover as a depraved sexual hypocrite is only poetic justice; after all, during his lifetime, he was Washington’s consummate master of sexual slander and political blackmail.  But instead of ignoring the baseless transvestite story, “J. Edgar” attempts to sanitize it and rehabilitate Hoover’s image.

Even Eastwood’s depiction of the FBI director’s relationship with his longtime deputy and confidant — and reputed lover — gives Hoover the heterosexual benefit of the doubt.  Although Clyde Tolson (Armie Hammer) is portrayed as Hoover’s loyally swishy sidekick, Hoover returns the adoration with only a manly love, rebuffing Tolson’s overture to turn the relationship physical.  However tormented, Hoover remains in the end closeted even from himself.

To be sure, cinematic license is to be expected in such movies; feature films are not nonfiction biographies.  But given the known facts of Hoover’s life, Eastwood has painted his subject in the best light possible—better than he deserves and infinitely kinder than Hoover ever treated his many enemies, who included some of the most heroic figures of that tumultuous era.

Somewhere, J. Edgar Hoover is smiling: Clint Eastwood has made his day.

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Mark Feldstein, Richard Eaton Professor of Journalism at the University of Maryland, is the author of Poisoning the Press: Richard Nixon, Jack Anderson, and the Rise of Washington’s Scandal Culture, just released in paperback.

“J. Edgar”: Clint Eastwood’s lame and insulting Hoover biopic

Leonardo DiCaprio mumbles through this tepid, soft-focus saga of America's closeted secret policeman

Leonardo DiCaprio as J. Edgar Hoover in "J. Edgar"

We gather today to pay tribute to two genuine American icons, but without saying anything nice about either of them. Clint Eastwood has made a movie — or at least I think that’s what it is; the lighting is often so dim it’s difficult to make out — about longtime FBI director J. Edgar Hoover, who acted as the wacko third rail of American law enforcement for almost half a century. “J. Edgar” is one of those prestige Hollywood pictures that sounds, at first, as if it might be a good idea: a name director, a supposedly big star playing a major historical figure, and a script by young screenwriter Dustin Lance Black, who since “Milk” has become the go-to scribe for what is no doubt described in story meetings as “gay material.” But instead of a good idea, “J. Edgar” turns out to be one of the worst ideas anybody’s ever had, a mendacious, muddled, sub-mediocre mess that turns some of the most explosive episodes of the 20th century into bad domestic melodrama and refuses to take any clear position on one of American history’s most controversial figures.

I’ll get to the historical and political insults of “J. Edgar” shortly, and they are legion. But most of all it’s a boring and silly movie, which features Leonardo DiCaprio bumbling around his dreary, post-Victorian suite of offices, looking worried under a mountain of latex and makeup (when he plays the 1970s-era Hoover) and talking in one of those unplaceable, old-timey Northeast Corridor accents. (Admittedly, Hoover in life had a strange voice; he lived from birth to death in Washington, D.C., but spoke in an affected manner that sounded nothing like today’s mid-Atlantic accent.) It’s like a combination of acting-school exercises and the History Channel, with all the production values and dramatic intensity that suggests. Hoover’s longtime deputy director and presumed lover, Clyde Tolson, is played by Armie Hammer as — how do I put this delicately? — an absolute flaming queen, who uses the term “fashion-forward” during a department-store shopping expedition set in about 1930. For just a minute there, it looks as if “J. Edgar” is about to become “Queer Eye for the FBI,” and I’m profoundly sorry it doesn’t.

Actually, if there’s one area where Black’s lumpy screenplay, with its awkward chronological backing-and forthing, deserves some credit, it’s in the highly plausible account of Hoover’s relationship with Tolson. From early on in Hoover’s FBI career it was widely assumed that he was gay, but the evidence was always circumstantial and the handful of people who knew him personally always denied it. (The allegations that he was a cross-dresser came from only one source, and don’t match anything else we know about this intensely cautious and private individual. Most historians view them as urban myth.) I think the fairest thing to say is that it seems likely Hoover was primarily homosexual, despite his purported romance with actress Dorothy Lamour, but not at all clear whether he acted on those impulses. Black imagines Hoover and Tolson cohabiting as “confirmed bachelors,” in a state of permanently unresolved erotic tension, which would go a long way toward explaining the secret policeman’s massively screwed-up psychology.

But when we get back to the question of how Hoover’s psychology affected his exercise of power, “J. Edgar” goes from being just a minor melodrama about a conflicted and closeted gay man to being simultaneously stupid, offensive and random. Historical characters appear and disappear in shticky little pieces — Jessica Hecht as Emma Goldman, Josh Lucas as Charles Lindbergh, Jeffrey Donovan doing the world’s worst “pahk the cah in Hahvehd Yahd” accent as Robert F. Kennedy, Christopher Shyer as Richard Nixon — without ever seeming to justify their presence on the stage. You get the feeling they’ve all got a problem with Hoover, but you’re never sure why. Maybe they just found him a weird and distasteful little man, which is certainly how he comes across. On the other hand, it might be helpful if this movie made the point that Hoover was as close as we’ve ever come (so far) to having an unelected dictator, and that the only real reason he didn’t become a Stalin-level tyrant was the constraint of a democratic political system he could not entirely subvert, much as he tried.

Eastwood and Black certainly bring up many of the things that made Hoover so noxious, beginning with the Palmer raids of 1919-20, which resulted in the arrests of thousands of communists and anarchists who had committed no crime. At the tender age of 24, Hoover was appointed to head a special Red-hunting branch of what was then called the Bureau of Investigations, which launched his long career as a self-appointed guardian of American political rectitude, devoted to stamping out dissident opinion wherever it cropped up, and whether or not constitutional rights got trampled in the process. “J. Edgar” makes clear that Hoover conducted secret surveillance on suspected Commies in Franklin D. Roosevelt’s New Deal administration, including first lady Eleanor Roosevelt (who purportedly had a lesbian affair with a reporter); perjured himself before Congress; conducted an especially vile counterintelligence program aimed at undermining the Rev. Martin Luther King Jr. and other civil-rights leaders; and generally turned a blind eye to organized crime in his relentless persecution of left-wingers.

But you get almost no sense of the extent or intensity with which Hoover mobilized the federal government’s police force to crack down on unconventional political opinion. The second Red Scare of the Joe McCarthy 1950s is never mentioned, nor is the word COINTELPRO, and Hoover’s vicious racism is largely ignored. (Intriguingly, the rumors that Hoover was gay were echoed, during his lifetime, by speculation that he might be partly black.) Furthermore, all this stuff is presented as quirky side info in a story about a weird dude who lived with his mom (Judi Dench, giving the only tolerable performance in the whole film) and had a lifelong boyfriend he maybe never slept with. Oh, and he was way ahead of his time when it came to fingerprinting. Did I mention that? Everybody pooh-poohed his interest in bringing forensic science to law enforcement, and now look! Yes, Hoover was a liar, a cheat, a hypocrite, quite likely a paranoid sociopath and incipient fascist, a terrifying incarnation of many of the worst currents of American political opinion in one individual. OK, yeah, that’s all true — but his real legacy is found in “CSI: Miami.”

Just in case you think I have some kind of personal bias when it comes to J. Edgar Hoover, well, I plead 100 percent guilty. He ruined the lives of countless innocent people and was instrumental in spreading the idea that the Constitution doesn’t apply to people who say bad things about the government. He pretty much built the slippery slide that led to the national-security state of the last decade, when civil liberties have been eviscerated and privacy is a sham. (I will further add that he personally supervised the surveillance and harassment of my mother, her then-husband and many of their colleagues in the 1940s labor movement, and I’ve seen the files to prove it.) If there’s a darker figure in American history since the Civil War, I’m really not sure who it is. Nixon? George W. Bush? Not even close. Dick Cheney? Only in his undead dreams. I only wish I believed in hell so I could believe that it wasn’t hot enough for John Edgar Hoover.

But in all honesty, I’d much rather see a vigorous, propagandistic, right-wing defense of Hoover as a bastion of true Americanism than this tepid, long-winded and phony-looking exercise, which sort of implies that, on the one hand, he wasn’t a very nice man but, on the other, he was an actual human being who suffered pain. But honestly, what can we expect from Clint Eastwood at this point? This movie says a great deal more about him, I’m afraid, than it does about J. Edgar Hoover. And what it says is that one of the greatest American screen actors of the 20th century has squandered much of that legacy in the 21st by becoming a director of indifferent Oscar-bait movies that look handsome on the surface but have nothing to say, and that nobody ever wants to watch twice. Even by the dismal recent standards of “Hereafter” and “Invictus” and “Changeling” this movie is a disappointment, because watching it once is bad enough, and because it may leave younger viewers with the impression that J. Edgar Hoover was mostly important to history because he wasn’t gay enough to have decent fashion sense.

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