Wilson Vs. FBI – FOIA Update 2022-2024

Court documents below tell the detailed story of FBI retribution against a Wall Street mining analyst for his work covering US mining behemoth Freeport McMoran’s activities at its Grasberg mine in West Papua, Indonesia. The company was under investigation by the US Department of State at the time, following eyewitness allegations it was involved in the killing of indigenous protestors and other human rights and environmental abuses.

These documents are from FBI filings in an FOIA case launched by analyst John Wilson against the FBI in United States District Court for the District of Columbia. The case is ongoing as of March 2024. Pete Sorenson is John Wilson’s attorney.

Declaration of FBI veteran, Expert Witness Jennifer Coffindaffer – FOIA case

Excerpts from the Declaration of former FBI agent, Expert Witness, and 25-year veteran of the FBI are below. In their Declaration they point out multiple shortcomings in the FBI’s search – skirting its obligations under FOIA. They attest the FBI is not acting in “good faith” and suggests a number of key databases the agency neglected to search. Excerpts from their Declaration:

2. I was retained by counsel for the Plaintiff to review and evaluate the totality of the records provided by the Federal Bureau of Investigation (“FBI”) pursuant to Mr. Wilson’s Freedom of Information Act (“FOIA”) Request No. 1548515-000 and to give my expert opinions thereafter as to the adequacy of the search conducted by the FBI and any Exemptions asserted by the FBI with respect to the records requested.

3. In developing my opinions, I have relied on my knowledge, training, skill, education and experience developed during my 25 years as FBI Special Agent, Senior Supervisory Resident Agent (“SSRA”) and Supervisory Special Agent (“SSA”) with the FBI, including specific experience in the areas of conducting electronic searches, and finding and retrieving documents within the FBI’s databases, including: the Central Records System (“CRS”), Automated Case Support system (“ACS”), Sentinel Electronic Surveillance files (“ELSUR”), Informant Databases (“DELTA”) as well as other FBI databases. I have also relied on the experience of fellow agents and clerks in the FBI related to searches within the same FBI databases.

20. In short, there is no reason for any records to remain hidden more than 20 years after the documents were created and using GLOMAR as an excuse to not produce the records undermines the legitimate use of GLOMAR to withhold records under FOIA.

21. Based on the FBI’s track record of unresponsiveness concerning the production of records regarding the Plaintiff’s FOIA responses, and a court ordered recommendation, it is my opinion that the FBI’s assertion that they have acted in “Good Faith” and have been responsive is not accurate. Specifically, initially the FBI responded they had no records. Then, the FBI responded they had one record. Then the FBI responded they had 22 records but provided limited production of the 22 records. Then the FBI asserted they had 35 records, yet again limited the production. With each request, the FBI’s answer has changed.

22. Based on each of the points cited above, it is my opinion that the FBI has not in good faith conducted responsive searches pertaining to the Plaintiff’s FOIA requests.

–        Declaration Of Expert Witness

Two Declarations of John Wilson

The Declarations of John Wilson detail the extensive facts indicating the existence of response records held by the FBI:

• First Declaration of John Wilson: FBI – Defendant’s Exhibits to Seidel Declaration – redacted
• Second Declaration Of John Wilson

DOJ and FBI – subverting American democracy

John Wilson is publishing mid-2024 the archives of his long-standing efforts, and that of his attorneys, to hold the DOJ and FBI to account in the USA. The archive is a repository of emails, letters, notarized Declarations and court documents.

It reveals methods used by the DOJ and FBI to delay and evade accountability. The picture that emerges is of corruption at the heart of the US justice system.

John Wilson describes the FBI’s use of secret surveillance to track and target relationships, smear campaigns in social and work circles, cancel culture, and gas lighting, among other FBI tactics that undermine civil society and democracy in America.

In making this archival repository public, the intention is to preserve these documents, and the insights they shed into the inner workings of the US government, for the historical record.

As undercover FBI operative Steve Garber said to John Wilson, “Most people never realise they’ve been targeted by the FBI!” This is something that could happen to anyone in this new America! It could already be happening to you, and you don’t know!

Background – Freeport McMoran, West Papua, Indonesia and militarised mining

In October 1995 the Overseas Private Investment Corporation (OPIC) cancelled the political risk insurance policy of US mining company Freeport McMoran. It was the first time in OPIC’s 25 year history that the federal insurance agency had cancelled a policy and the company feared the negative PR backlash.^[1] The cancellation was a major embarrassment to the company, with OPIC citing environmental abuses, and the market potentially associating it with human rights abuses linked to the killing of indigenous protestors at the company’s Grasberg mine in West Papua, Indonesia.  

Henry Kissinger (former US secretary of state) and James Woolsey (former CIA director) ^[1] were advisers to Freeport in 1996 (Kissinger was also on the Board of Directors) and were desperately lobbying in Washington DC to have Freeport’s OPIC policy re-instated at the time my Wall Street mining analyst report came out 12 March 1996, that drew the FBI’s attention. The Chairman/CEO Jim Bob Moffett arrived in West Papua the next day on an emergency trip following ongoing reports of human rights abuses in the vicinity of the Grasberg mine and growing concerns from the Indonesian President Suharto and US leaders to quell unrest.

Kissinger and Woolsey knew the screening mechanisms used by the FBI and other intelligence agencies, and could have subverted these, if they chose, to payback people, and silence them. Indeed, at least 7 other US professionals, in addition to John Wilson, including academics and journalists, complained of retribution for their work critical of Freeport at this time.

Adding a twist, John Wilson’s long-term girlfriend at the time, Susan Holmes, was a professional environmentalist with the Sierra Club and an undercover FBI agent. It was an opportune relationship for the FBI to target. She had a deep passion for the environment and added first-hand insight into the inner operations of the FBI dissident program that included targeting the environmentalist, co-founder of Earth First!, Dave Foreman.

The FBI, to make it appear John Wilson was an associate of eco-activist Dave Foreman, had him attend a lecture in NYC in 1997, and a rafting trip in Foreman’s dory down the Colorado – to subvert the screening process intended to keep innocent people off FBI watchlists, etc.

By subverting the screening process, the FBI is positioned to abuse its powers, subvert civil liberties and undermine democracy in the USA.

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The full listing of recent court filings from the Defendant (FBI) and Plaintiff (Wilson) are below.

Plaintiff’s Cross-Motion for Summary Judgment

(Filed 21 March 2024)

1. Plaintiff’s Opposition To Defendant’s Motion For Summary Judgment And Plaintiff’s Cross-Motion For Summary Judgment
2. [Proposed] Order
3. Second Declaration Of John Wilson
4. Declaration Of Expert Witness
5. Plaintiff’s Response To Defendant’s Statement Of Undisputed Material Facts And Additional Material Facts
6. Plaintiff’s Memorandum Of Points And Authorities In Support Of Plaintiff’s Opposition To Defendant’s Motion For Summary Judgment And Plaintiff’s Cross-Motion For Summary Judgment

FBI – Defendant’s Motion of Summary Judgement

(Filed 22 February 2024)

1. FBI – Defendant’s MSJ
2. FBI – Defendant’s Statement of Facts
3. FBI – Defendant’s Declaration of Michael G. Seidel
4. FBI – Defendant’s Exhibits to Seidel Declaration – redacted
5. FBI – Defendant’s Second Declaration of Michael G. Seidel

[1] Denise Leith, 2003 The Politics of Power, University of Hawaii Press. p177.