How secure is the Department of Homeland Security?

Senior Homeland Security official Faisal Gill failed to disclose that he worked for an American Muslim leader now in jail on terrorism charges.

Jun 22, 2004 | The policy director for the Department of Homeland Security's intelligence division was briefly removed from his job in March when the Federal Bureau of Investigation discovered he had failed to disclose his association with Abdurahman Alamoudi, a jailed American Muslim leader. Alamoudi was indicted last year on terrorism-related money-laundering charges and now claims to have been part of a plot to assassinate Saudi Arabia's Crown Prince Abdullah.

After a flurry of interagency meetings, however, Homeland Security decided to leave the policy director, Faisal Gill, in place, according to two government officials with knowledge of the Alamoudi investigation. A White House political appointee with close ties to Republican power broker Grover Norquist and no apparent background in intelligence, Gill has access to top-secret information on the vulnerability of America's seaports, aviation facilities and nuclear power plants to terrorist attacks.

The FBI raised concerns with Homeland Security officials in March after discovering that Gill had failed to list on security clearance documents his work in 2001 with the American Muslim Council, the officials said. The advocacy group, which was controlled by Alamoudi, has been under scrutiny in an investigation of terrorism financing. The lead agent in that investigation works for an arm of Homeland Security. Gill's omission of the information on his "Standard Form 86" national security questionnaire is a potential felony violation. There is no evidence, however, that Gill has taken any action to compromise national security.

A Department of Homeland Security spokeswoman would not comment on Gill or when he was hired, except to say that a "thorough investigation" by the department's Office of Security found no basis to deny the 32-year-old lawyer a security clearance. Among Gill's political patrons is Grover Norquist, head of Americans for Tax Reform and a key ally of the White House. Gill listed Norquist as a reference on employment documents, the government officials said. Gill also worked in 2001 for a Muslim political outreach organization that Norquist co-founded with a former top aide to Alamoudi. Norquist did not respond to phone calls, a fax and an e-mail seeking comment.

The Homeland Security spokeswoman, Michelle Petrovich, declined to say what qualifications or background Gill has for his senior position in the department's Information Analysis and Infrastructure Protection division. Citing privacy concerns, Petrovich also declined to make public any of the documents Gill submitted for government employment, including his Standard Form 86, the questionnaire Gill had to fill out to receive a security clearance. "It's standard procedure across the government not to release personal background information on employees. I did check on that," Petrovich told me.

In response, I read to her the Privacy Act statement that is printed on the front of the form, which can be downloaded from government Web sites. It says: "We may share this information ... with the news media and the general public when the disclosure would be in the public interest."

Petrovich said: "OK, but I also have to tell you that that is trumped by Freedom of the Information Act. There's a special exception. That's a federal law."

"What is trumped?

"The Freedom of Information Act."

"Trumps what?"

"Well, I can't see what you're reading from, so I just really don't know."

Through Petrovich, Gill sent word that he would speak with me "on background," meaning I could not identify him by name unless he was allowed to approve his quotes before publication. I did not agree to the conditions, and Gill declined to answer questions otherwise. The people with knowledge of the matter have been granted anonymity because they risk being fired if they are identified.

Mark Zaid, a lawyer in private practice in Washington who specializes in security clearance cases, said it would be unusual for an agency to overlook omissions on a security clearance application. "Most agencies get really upset and suspicious and act antagonistically toward applicants if they find they withheld information," he said, adding that a minor violation might be forgiven. But he said if the issue concerned failing to list employment at "a terrorist organization or one that's being investigated, all sorts of red flags would go up."

Gill's placement in the sensitive intelligence job has alarmed government officials because it fits the operating theory of prosecutors and investigators that Alamoudi was part of a long-term scheme by Islamic extremists to place friendly, if perhaps unwitting, associates in key U.S. government positions.

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