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Feds Drop Case Against Accused Iraqi Agent

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The Department of Justice argued that Lindauer was "delusional" for claiming a role as a U.S. asset.  Lindauer described this as "guilt by pleading innocent."  In October, 2005, former Judge Mukasey ordered Lindauer to a federal prison facility at Carswell Air Force Base in Ft. Worth Texas for psychiatric evaluation to see if she would be competent to stand trial. Lindauer was confined for seven months, and then formally declared incompetent without a hearing, over her strongest objections.  The allowable period for such evaluations is four months according to U.S. Federal Code.

Carswell staff acknowledged that there were no external symptoms of mental illness. However, they proposed that Lindauer should be detained indefinitely and drugged with Haldol until whatever time she could be "cured" of claiming that she had worked as a U.S. asset in counter-terrorism. Lindauer refused, and a lengthy court battle ensued.  She was transferred to Metropolitan Correctional Center in Manhattan.

After four months confinement in Manhattan, former Assistant U.S. Attorney Edward O'Callaghan sought an order from Mukasey to incarcerate her for another four months and the use physical force to administer doses of Haldol or similar medications.  This was despite an internal staff report by Carswell that there was no reason to justify forcible drugging since Lindauer was not a threat to herself or anyone else.  Mukasey denied the prosecution request and ordered Lindauer to be released on bond on June 6, 2006.

Lindauer hired former prosecutor and Washington DC criminal attorney Brian W. Shaughnessy as counsel in mid 2008.  Shaughnessy filed a motion to overturn the governments finding that she was incompetent to stand trial.   Shaughnessy argued that Lindauer's record of doing well on her own before and after her arrest and her direct involvement in her defense made the government's continual claim of an inability to stand trial moot.

Bush appointee, Judge Loretta Preska ruled to uphold the government's position on Lindauer's competence on Sept. 15, 2008.  Preska had been nominated for the federal appellate bench on Sept. 9, 2008.

Just a few weeks after Dr. Godfrey testified about Lindauer's warnings on the 9/11 attack, Assistant U.S. Attorney Edward O'Callaghan left the District Attorney's office to join the McCain presidential campaign.  He began assisting Sarah Palin's legal team in Alaska.  Dr. Godfrey testified that he had told the FBI her claims were truthful a full year before the Justice Department detained her at Carswell.

Ms. Lindauer's Attorney, Brian W. Shaughnessy pointed out that he could find no other instance where federal, state or local prosecutors have ever argued for a defendant's incompetence to stand trial over the objections of the defendant and defendant's Counsel, when that defendant was a successfully functioning member of the community and a full participant in her defense.

Lindauer lives in the DC metropolitan area where she is rebuilding her career and undertaking some writing projects.

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Permission to reproduce in whole or in part with attribution of authorship and a link to this article

Filing to Drop Case Jan. 15, 2009

* Susan Lindauer to Andrew Card, January 6, 2003

Previous "Scoop" coverage on USA v. Susan Lindauer:

American Cassandra: Susan Lindauer's Story   Michael Collins 17 October 2007

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Bush Political Prisoner Gets her Day in Court  Michael Collins June 11, 2008

An Exclusive Interview with Bush Political Prisoner Susan Lindauer  Michael Collins June 2008

911 Predictions Revealed at Susan Lindauer Competency Hearing  Michael Collins June 17, 2004

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how interesting that the most attacked spy detaile... by Rady Ananda on Friday, Jan 16, 2009 at 8:54:47 PM
I was at the hearing.  Godfrey is one of the ... by Michael Collins on Friday, Jan 16, 2009 at 11:37:09 PM
The question that needs to be answered is, what wa... by Rady Ananda on Saturday, Jan 17, 2009 at 12:04:02 AM
It's a privilege to get to cover something con... by Michael Collins on Saturday, Jan 17, 2009 at 12:15:07 AM
Charges are dropped against another political diss... by Mark Watterson on Saturday, Jan 17, 2009 at 12:28:09 PM
It is a history that needs to be written for all o... by muservin on Saturday, Jan 17, 2009 at 1:55:42 PM
words appended to one of my efforts.  This is... by Michael Collins on Sunday, Jan 18, 2009 at 1:44:13 AM
This poor woman has been beaten (figuatively) by t... by Archie on Saturday, Jan 17, 2009 at 4:28:36 PM
This woman is in great danger! The information she... by William Whitten on Sunday, Jan 18, 2009 at 9:26:40 AM