FBI Agent Who Executed Ibragim Todashev is a Corrupt Ex-Oakland Cop

Ibragim Todashev

By Joanne Potter and Abby Martin

Source: Media Roots

The city of Boston was shaken last year when its marathon was tragically bombed, leaving three people dead and 264 others injured. The alleged mastermind behind the deadly attacks, Tamerlan Tsarnaev, was killed in a shootout with Boston police. His little brother and alleged co-perpetrator, Dzhohar, is now awaiting trial and will potentially face execution.

Amidst the insanity ensuing from last year’s horrors, one story was largely swept under the rug: the bizarre execution of 27 year old Chechan-American Ibragim Todashev. A month after the bombings, Todashev was interrogated by state and federal officials at his Orlando apartment about his alleged association with the Tsarneavs and his purported role in the Waltham triple murders of 2011.

According to official reports, Todashev was in the process of writing a confession to the Waltham homicides when for no apparent reason, he ‘flipped out’ and propelled a coffee table into the air, striking the agent on the back of his head. He then ran to the kitchen area of his apartment and armed himself with a red pole/broom handle. The unnamed FBI agent shot Todashev seven times, once in the head.

Earlier this year, an internal FBI investigation and Florida State Attorney cleared the FBI agent who fatally shot Ibragim Todashev of any wrong doing. Prosecutor Jeffrey L. Ashton ruled the shooting was reasonable in that: ‘the actions of the Special Agent of the FBI were justified in self-defense and in defense of another’.

Aaron McFarlane

Recent unredacted documents reveal the unnamed agent to be Special Agent Aaron McFarlane, an ex-Oakland police officer with quite a controversial record in his short stint on the force.

The ‘Riders’ case was the biggest police corruption scandal ever witnessed by Oakland Police Department. It cost the Department nearly $11 million to settle civil lawsuits by 119 people who claimed they were falsely arrested, beaten, and had evidence falsified against them. The plaintiffs also alleged that Oakland Police Department turned a blind eye to the police misconduct.

Officers Clarence Mabanag, Jude Siapno, and Matthew Hornung stood accused of 26 counts including kidnapping, assault, conspiracy, false arrests and lying in police reports. McFarlane testified in defense of Mabanag, stating that he had always taught him how to write accurate police reports. However, under cross-examination it was alleged that McFarlane had falsified his own reports at the request of the group’s leader. Once he was faced with evidence proving his guilt, McFarlane pled the fifth.

After five years and two mistrials, the charges were dismissed against the three officers. McFarlane was never charged in connection with falsifying police reports or potentially lying on the witness stand. Regardless, he ended up in legal trouble for committing the same types of actions as the riders.

In November 2003, a man named Aaron Girard filed a civil suit against Aaron McFarlane and his Oakland PD colleague, Steven Nowak, for aggravated battery, false arrest, violation of his civil rights and emotional distress. Girard stated he had witnessed McFarlane and Nowak physically beating an individual who had already been subdued in front of a hospital. Girard took a photograph of the incident and when McFarlane and Nowak realized, they attacked him. The plaintiff alleged he was beaten, kicked and punched around the body, suffering injuries to his shoulder, arm, knee and neck. He claimed he was then falsely arrested by McFarlane and Nowak. Neither McFarlane nor Nowak ever faced charges over the incident.

Additionally, both officers were previously sued by a man named Michael Cole, who filed his complaint on March 26 of the same year (2003). The full details of the complaint are unavailable, although the pair were accused of beating the plaintiff with a ‘hand foot and billy club’ before falsely imprisoning him.

After serving only four years in the police force, Macfarlane retired on disability with a leg injury, collecting a pension of more than $52 thousand dollars annually for the rest of his life.

In his short time as an officer, McFarlane had been accused of falsifying police reports, lying under oath, aggravated battery, making false arrests, violating the rights of suspects, assault with a weapon and false imprisonment, yet was never convicted of any charges.

Other than the questionable circumstances surrounding the death of Ibragim Todashev, it is not known if Aaron McFarlane has ever been involved in any other incident after leaving the Oakland Police Department. And it’s not likely to be known, considering the agency’s secrecy surrounding the release of his identity.

According to Carol Rose, executive director of ACLU of  Massachusetts,

“We still don’t know what happened…nor why the explanations from those who were present at the shooting death have been inconsistent, suggesting at various times that Mr. Todashev allegedly threatened agents, including with a knife, a pipe, a stick or pole, an agent’s gun, the deceased’s martial arts training, or even a samurai sword.”

Unfortunately, the investigators on the case weren’t able to interview McFarlane himself about what happened, and had to rely only on prewritten statements.

This alone should prove the report is inconclusive, and prompt the investigation to re-open. However, a New York Times FOIA request reveals that between 1993 and 2011, FBI agents fatally shot about 70 subjects and wounded 80 others, and in every single case, the agent’s use of force was determined to be justified.

When a federal agency coordinates with so many forces to try to suppress the truth, there’s usually something to hide.

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Watch Abby Martin break down Aaron McFarlane’s track record and the case of Ibragim Todashev starting at 14:45:

No Fly List Used by Government to Intimidate Activists and Recruit Informants

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The idea of a No Fly List has always been a flawed concept as a true terrorism prevention measure. If people are deemed too dangerous to be allowed to board a flight after being searched and/or scanned and having their bags x-rayed, why would it be okay to let them go free to attack somewhere else? If there’s not enough evidence to suggest they’d stage such attacks they should be allowed to fly. Of course preventing terrorism was merely a stated goal used to justify the unconstitutional No Fly List.

New revelations regarding the true purposes of the No Fly List have been revealed as a result of two recent lawsuits. In 2010, Panagacos v. Towery was filed by Julianne Panagacos and six other antiwar activists against government spy John Towery, who infiltrated at least four different organizations in the Northwest, Port Militarization Resistance, Students for a Democratic Society, the Industrial Workers of the World, and Iraq Veterans Against the War. New documents recently came to light as the result of a Public Records Act request which, according to a WSWS.org article, proved:

Towery attended a Domestic Terrorism Conference in 2007 at which “domestic terrorist” dossiers on antiwar and left-wing activists were distributed for police review. These individuals could later be targeted for state repression ranging from preventing them from boarding airplanes (if they were placed on the federal “no-fly” list) to preventive detention in the event of a mass roundup of supposed “terrorists.”

Of course this comes as no surprise to anyone following independent news sources (and especially activists), but it’s rare to see it supported by official documentation. The same article reveals how, like other instances of FBI entrapment, Towery attempted to recruit one of the plaintiffs in the suit as a terrorist patsy:

Crespo described how Towery had sought to entrap him by persuading him to buy guns and learn how to shoot. After seeming to befriend Crespo while attending antiwar meetings, Towery at one point visited him at home and showed him a gun and how to load and unload it. Later, he showed Crespo documents about military tactics and suggested making use of them in “our actions.” Subsequently, he gave Crespo a copy of a proposed article written from the perspective of the 9/11 hijackers. Fortunately, Crespo’s reaction to these approaches—which he described as “the weirdest thing in the world”—was to keep his distance.

Read the full article here: http://www.wsws.org/en/articles/2014/03/01/anti-m01.html?view=article_mobile

In a new article just posted at RT, another lawsuit in a New York federal court has revealed how the No Fly List has been used by the FBI to recruit Muslim informants:

FBI ‘intentionally and unlawfully’ used No Fly List to recruit Muslims as informers

By RT.com

The FBI used a no-fly list to recruit four US Muslims as informants, violating their constitutional rights to freedom of speech, association and religion. That’s the claim being made by four US Muslims in a New York federal court Tuesday.

Muhammad Tanvir, Jameel Algibhah, Naveed Shinwari and Awais Sajjad, who are between them either US residents or permanent US residents, are demanding that the FBI remove them from the no-fly list which contains the names of people who are not permitted to board a commercial aircraft for travel in or out of the United States, according to threat and intelligence reporting.

“This impermissible abuse of the No Fly List has forced Plaintiffs to choose between their constitutionally-protected right to travel, on the one hand, and their First Amendment rights on the other,” says the lawsuit.

One of the plaintiffs, Awais Sajjad, a lawful permanent US resident, learned that he was on a No Fly List in 2012 when he tried to board a flight to Pakistan. The FBI agents questioned Sajjad at the airport before releasing him. Soon they returned with an offer: he could work as an FBI informer and in return the agency would give him citizenship and compensation, the Washington Post reported.

When he refused, the bureau “kept him on the list in order to pressure and coerce Mr. Sajjad to sacrifice his constitutionally-protected rights,” says the lawsuit.

Meanwhile, three other complainants – Tanvir, Algibhah and Shinwari – said they were added to the list immediately after they refused to work as FBI informants for religious reasons.

Shinwari, a legal US resident from Omaha, Nebraska, said that after his arrival from his native country, Afghanistan, in 2012, he was twice detained and questioned by FBI agents who wanted to know if he knew anything about national security threats. He was soon put on the No Fly List, though he has never been convicted of a crime or posed a threat to national security, according to his lawyers.

In one of their visits, FBI agents wanted to know about the “local Omaha community, did I know anyone who’s a threat?” he says.

“I’m just very frustrated, [and I said] what can I do to clear my name?” says Shinwari. “And that’s where it was mentioned to me: you help us, we help you. We know you don’t have a job; we’ll give you money,” The Guardian reported him as saying.

Though Shinwari was allowed to fly within the United States in March, he still fears that if he flies to Afghanistan to see his wife and family, whom he hasn’t seen for at least two years, he might not be able to return.

“Defendants’ unlawful actions are imposing an immediate and ongoing harm on Plaintiffs and have caused Plaintiffs deprivation of their constitutional rights, emotional distress, damage to their reputation, and material and economic loss,” adds the lawsuit.

According to Jameel Algibhah, from the Bronx, New York, the FBI asked him to get access to a Queens mosque and even pose as an extremist in online forums.

“We’re the only ones who can take you off the list,” an unnamed FBI agent told him, Algibhah told The Guardian.

The fourth plaintiff, Muhammad Tanvir, started taking action against the FBI in October 2013, after he refused to spy on his local Pakistani community. Now he can’t visit his ailing mother.

Ramzi Kassem, associate professor of law at the City University of New York, told the Washington Post that “the no-fly list is supposed to be about ensuring aviation safety, but the FBI is using it to force innocent people to become informants.”

Meanwhile, the lawsuit seeks not only the plaintiffs’ removal from the no-fly list but also the establishment of a more robust legal mechanism to contest placement upon it.

“This policy and set of practices by the FBI is part of a much broader set of policies that reflect over-policing in Muslim-American communities,” said Diala Shamas, one of the lawyers for the four plaintiffs.

The FBI has not commented on the lawsuit.

Meanwhile, this is not the first No Fly List-related lawsuit against the FBI. In 2010 the American Civil Liberties Union (ACLU) attempted to sue US Department of Justice and the FBI over their barring of American citizens, including several veterans of the US military, who ended up on the No Fly List and have been denied entry to their own country.

The No Fly List was created by the US government’s Terrorist Screening Center (TSC) after the September 11, 2001 attacks on the United States. In 2012, the list was extended to around 21,000 individuals.

The list, including US citizens and residents as well as foreigners, has been repeatedly criticized on civil liberties grounds, due to ethnic, religious, economic, political and racial discrimination. It has also raised concerns about privacy and government secrecy.

The ACLU called inclusion on a list a potentially “life-altering” experience, adding that “it is not at all clear what separates a ‘reasonable-suspicion-based-on-a-reasonable-suspicion’ from a simple hunch.”

Until March, no one had successfully convinced a court to force authorities to take them off the No Fly List. Rahinah Ibrahim, a Malaysian architect, became the first person ever removed from the notorious list after the managed to force officials to admit she had been placed on the list due to an error by the agency.

Related Podcast: On the 4/21/14 broadcast of the Project Censored radio show, host Mickey Huff is joined by  co-host Dr. Deepa Kumar and Dr. Arun Kundnani, author of The Muslims are Coming! Islamophobia, Extremism, and the Domestic War on Terror. The topic of the show is Islamophobia and the Politics of Empire, from the national insecurity state to drone wars and beyond in the 21st century.

https://s3.amazonaws.com/Pcradiodos/PROJECT-CENSORED-041814.mp3