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U.S. Apologizes and Pays $2 Million to Wrongly Detained Terror Suspect

November 29, 2006 2:32 PM

Brandon_mayfield_nr The U.S. will pay a $2 million settlement to a Muslim citizen who was wrongly detained by the FBI.

Brandon Mayfield, a Portland Oregon lawyer and Muslim convert, was wrongly detained as a suspect in the 2004 Madrid train bombings. As part of his settlement, Mayfield also received an apology from the government.

The Justice Department apology says, "The United States of America apologizes to Mr. Brandon Mayfield and his family for the suffering caused by the FBI's misidentification of Mr. Mayfield's fingerprint and the resulting investigation of Mr. Mayfield, including his arrest as a material witness."

A Justice Department Inspector General review of the case found that problems with FBI forensic analysis and performance led to the mistaken arrest of Mayfield. The unusual similarity between Mayfield's fingerprint and the fingerprint on a bag of detonators found in Madrid confused several fingerprint experts.    

The Inspector General's review also found several problems with the actions of FBI employees as well as systemic problems at the FBI lab in Quantico, Va.

Mayfield was arrested on May 6, 2004, and secretly held as a material witness for two weeks. He was released when the Spanish National Police eventually matched the fingerprints to an Algerian national.

During their investigation of Mayfield, the FBI used secret FISA warrants to intercept his phone calls and e-mails.

Additional suspicion may have been levied against Mayfield because he was a lawyer for a member of the "Portland 7" in a child custody case. Members of that "cell" had attempted to travel to Afghanistan to fight against U.S. soldiers shortly after the 9/11 attacks; six individuals in that case pleaded guilty to the charges against them.

The apology filed at the U.S. District Court in Portland also notes, "The United States acknowledges that the investigation and arrest were deeply upsetting to Mr. Mayfield, to Mrs. Mayfield, and to their three young children, and the United States regrets that it mistakenly linked Mr. Mayfield to this terrorist attack. The FBI has implemented a number of measures in an effort to ensure that what happened to Mr. Mayfield and the Mayfield family does not happen again."

November 29, 2006 | Permalink | User Comments (25)

User Comments

This whole terror suspect detainment craze has gone way over the top. It is about time the the government start admitting mistakes and correcting wrongs. As I wrote clear back in March it is these kinds of actions that are slowly chipping away at our constitution and our American way of life.

Posted by: Playmaker | Nov 29, 2006 3:15:57 PM

Well, let's see...two weeks at $2 million. Thats almost $6,000 an hour. Was he harmed to the extent that he is made a rich man?

Posted by: gp | Nov 29, 2006 3:16:43 PM

Two weeks in jail. 2 million dollars. I sure hope he pays taxes on that 2 mil. Stuff happens.

Posted by: David | Nov 29, 2006 3:53:11 PM

The two million cant be taxed. Damages awarded are not taxable income. Not bad at all.

Posted by: mk | Nov 29, 2006 7:26:21 PM

Who really pays the tab?
I shared the same zip code as this small town, out-of-his-home lawyer and so called Muslim convert.
I can only say to the tax payers of the United States...the ones who are paying this so called American citizen $2,ooo,ooo for being "upset"...I am upset, sorry and embarrased he lived in my hometown.
At $10,000 per year of my federal income taxes it will take me 200 years to cover this disgusting pay-off.

Posted by: Alan Marble | Nov 29, 2006 7:46:00 PM

$2 million is a small price to pay to ensure that there are consequences to government failures. If he didn't get a large settlement, then any one of us could end up in jail because the government has some "secret" evidence.

Posted by: Ned McWherter | Nov 29, 2006 8:03:25 PM

Congratulations to Mr. Mayfield and his family. His treatment by the FBI and local authorities was unfair and unfounded. I am a Portland OR taypayer and I heartily support Mr. Mayfield's right to practice his religion as a Muslim and citizen of this country. He was prejudicially treated and is more than entitled to the money he has received. Good for him :D

Posted by: alioth | Nov 30, 2006 12:41:20 AM

THis is absurd ! 6000$ per hour, why are the taxpayers letting this happen. Lets see the government in his home country wrongfully accuse someone, how much money would they get? Whenever there is a lawyer involved the settlements are incredable (very large).

Posted by: shart | Nov 30, 2006 6:20:10 PM

Absolutely ridiculous that he would receive that sort of monetary compensation for the mistake on the part of the government. Was it acceptable they made that mistake?? NO. But there are ways to right the wrong and paying 2 million dollars is criminal. Absolutely Mr.Mayfield deserves a proper apology and to be treated with a little extra privilege and the FBI should be held fully accountable and investigations should take place to prevent future mistakes. If it was me....I would ask for a dinner at the Whitehouse and maybe ask for a weekend invite to sleep over or maybe a special tour of some great American government attractions that are hard to get too. Maybe even Camp David or a ride on Air force One. I LOVE this country and that sort of payment\shakedown hurts this country. We live in a unfortunately hard time of war and terror attacks. Lets help the government, not bilk them for cash. Seems everyone wants to sue someone to get rich quick and these lawyers are there to help to get their cut regardless of the moral or ethical implications. Outrageous and disappointing...

Posted by: Michael | Nov 30, 2006 7:05:54 PM

To the geniuses that say $2million is too much, what amount is satisfying to you? 10$? Let's do the math: Portland's population approx. 540,000 times 10$ = $5 million. Wow, with $5 mill. we can jail the whole Portland for 2 weeks and then give a "heartfelt" apology. That sounds good to me.

Posted by: Tony | Nov 30, 2006 9:31:11 PM

I'm highly concerned that he was held secretly. The only way he was freed and exonerated was through another country's crime-fighting skills!!!! Not very reassuring to me that our government knows what they are doing!!! Most of you seem obsessed with the money. And I bet none of you think it can happen to you!!

Posted by: Mary Jo | Dec 1, 2006 7:29:03 AM

I think he did it.

Posted by: Andrew | Dec 1, 2006 6:27:39 PM

I believe he deserves every penny that he receives from the US Government. A 2 million dollar to compensation only a small amount of token compensate for his stress, pains and time lost as well as hard time to his family and children. The pains that he suffered will never be compensated.

Posted by: PINNACLE | Dec 1, 2006 8:34:39 PM

For those who feel that everything that happens to Muslims is well deserved. Remember this: justice is for all, not only for the people who are similar to you, that would be the definition of injustice. Muslims in the US are as innocent as you were after some Christian extremists blew up a federal building. How would you have liked to be treated as a terrorist just because you were of the same religion as some terrorists? Some Christians kill, that does not make all of them murderers, some Christians are absolute fanatics, that does not make all of them extremists. The exact same logic applies to Muslims. Stop being kids who react to another religion as if it was the cause of all evil and spend a little time learning what it really happening rather than drink all the lies poured on you by Fox and your government.

Posted by: Andrew Travis | Dec 5, 2006 8:55:19 AM

for 2 M we can go to jail for two year not two weeks

Posted by: Poor | Dec 5, 2006 10:44:00 AM

Wow...Pinnacle drank the Kool-Aid...Was it Kosher??? Oh Wait the radical Muslims want the Jews wiped off the planet...Even though their religion {muslim]came long after and was based off Judaism [FACT]. They used it like a template. Other religions shot off from Judaism as well like Christianity i.e. Before you go playing devils advocate and then completing contradicting yourself with calling the Fox News company and the U.S. government all liars and unjust..Turn the mirror towards yourself...Most all wars were fought because of religion...THATS WHY AMERICA IS SO DIVERSE IN IT. People came here to be free. Mistakes happen and they should be corrected not have people like PINNACLE say put the shoe on the other foot, becasue maybe they were offended by what they read from other viewers...CRIMINAL that guy got that kind of money or any for that matter. Some people say money does not bring happiness and even thats its the root of all evil..Old American Indian proverb for you, goes something like this... "Only when the last river is polluted and the last tree cut will we then realize we can not eat money".

Posted by: Michael | Dec 5, 2006 8:03:13 PM

Alioth, do you know what is Mr. Mayfield home country?

Posted by: Omar | Dec 5, 2006 11:32:28 PM

Put yourself in his place; it wasn't just a lost two weeks. He deserves every penny. This admin and their ilk suck. And where is
a similar outrage for the $3 billion!! a week in Iraq? His $2 mil is cheap if it stops the same thing from happening to me.

Posted by: Skip | Dec 6, 2006 6:55:48 PM

In America you are either innocent or guilt. Arresting an innocent man for two weeks because he represented Muslims for whatever reason. It's wrong to arrest an innocent man because of his association with his clients. Remember Mayfield converted to Islam and was representing Muslims. It doesn't matter if they are guilt or not, let the system work to find them guilt or innocent.

Posted by: Defender of the innocent | Dec 8, 2006 3:00:03 AM

I think the 2 million is justified. I'd sue for tens of millions, and let them work it down from there. Keep in mind, he wasn't being held with an end date in mind. He was probably physically and psychologically tortured, and told he would only leave through death. Two weeks is an ETERNITY under those circumstances. We will never understand what he went through. Good for him!

Posted by: Ken | Dec 8, 2006 1:12:53 PM

Thats what's partly wrong with this country and their values...Everyone is so sue happy, I was arrested for being fasely identified as a felon. Sure I was upset for being detained for 3 hours...but I didn't sue for $6,000 an hour. I commended the arresting officers for being proactive and I understood things happen. Mr. Mayfield shouldn't be congratulated, he should be embarrassed that he accepted this absurd amount of money. If his intentions were honest he should donate most of it to the families of men/women who were wrongly detained for years on end, those are the real social injustices, not no stupid two weeks. It's a disease that our American society has become accustomed to. How many million Americans are just waiting for their time that when they are offended or have had been 'wronged' in some form or fashion that they can sue for millions on end. It's social sickness that advocated by members on every level or our society...Grow up people, crap happens, and if/when you get crapped on, it doesnt mean you are automatically entitled to our tax payers $$$. It's how you deal with it that shows the true integrity of a man/woman.

Posted by: D Rod | Dec 8, 2006 3:15:23 PM

Man!
2 mil for 2 weeks of jailtime...

AND he gets the governments apology?

Never would happen if he was black.
And in NYC.
Facing NYPD.

He'd be dead in the street.

Posted by: Dick | Dec 8, 2006 3:33:44 PM

At a rate of $6,000 we'd all better hope that Gitmo is 100% free of error. We don't have the GDP to support that many mistakes.

Posted by: RichardBronosky | Dec 8, 2006 5:30:46 PM

I notice that ABCNews.com includes in its webpages (at least on this one) a link to which my antivirus software (TrendMicro) indentifies as spyware.

I want to mention this to ABCNews.com and its readers.

Posted by: Roger J. | Dec 8, 2006 8:45:34 PM

he should not have the same fingerprints as explosives

Posted by: dan | Dec 11, 2006 2:48:43 PM

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