Невинно осужденный: Дело Брэндона Мэйфилда и ошибки ФБР

American lawyer

Brandon Mayfield (born July 15, 1966) is a Muslim American convert in Washington County, Oregon, who was wrongfully detained in connection with the 2004 Madrid train bombings on the basis of a faulty fingerprint match. On May 6, 2004, the FBI arrested Mayfield as a material witness in connection with the Madrid attacks, and held him for two weeks, before releasing him with a public apology following Spanish authorities identifying another suspect. A United States DOJ internal review later acknowledged serious errors in the FBI investigation. Ensuing lawsuits resulted in a $2 million settlement. An initial ruling declared some provisions of the USA PATRIOT Act unconstitutional, but the United States government appealed, and the ruling was overturned at the Ninth Circuit level on technical standing grounds. Mayfield's case has been referenced in numerous scientific, political, and social journals.

Brandon Mayfield was born in Coos Bay, Oregon, and grew up in Halstead, Kansas. He served in the United States Army Reserve from 1985 to 1989, and then as an officer in the Army in Bitburg, Germany, from 1992 to 1994. He met his wife Mona, an Egyptian national and the daughter of a college professor, on a blind date in Olympia, Washington, in 1986, and converted to Islam shortly afterwards. They have lived in Beaverton, Oregon, off and on since 1989. According to the court documents in the Honorable Judge Ann Aiken's decision, this information was largely "fabricated and concocted by the FBI and DOJ." The FBI finally sent Mayfield's fingerprints to the Spanish authorities on April 2, but in an April 13 memo, the Spanish authorities contested the matching of the fingerprints from Brandon Mayfield to the ones associated with the Madrid bombing. As was discovered during the court case, the FBI's records show that this fingerprint, despite the sworn testimony of FBI and DOJ agents, was not an exact match but only one of 20 prints "similar" to the ones retrieved from Madrid. Based on that list of people with "similar prints" the FBI launched an extensive investigation of all 20 individuals using letters of national security. The investigation included medical records, financial records, employment records, etc. on all 20 people and their families. It was during this investigation that Brandon Mayfield's name rose to the top of the list. On May 6, the FBI arrested Mayfield at his office in Beaverton, a suburb of Portland. though this letter was not communicated to Mayfield's attorneys. On May 19 the Spanish authorities announced that the fingerprints actually belonged to an Algerian national, Ouhnane Daoud; Brandon Mayfield was released from prison when the international press broke the story the next day—May 20, 2004. The FBI issued a press release announcing the report's conclusion that they had not misused the USA PATRIOT Act in the investigation. Civil libertarians and the ACLU nonetheless consider Mayfield's detention a misuse of the material witness statute. The FBI later admitted wrongdoing and apologized for their acts. In response, on October 4, 2004, Mayfield filed a lawsuit over this invasion of his privacy. He sought an injunction to force the government to return or destroy copies of items seized from his home and challenged the law which was used against him as unconstitutional. The Federal Government filed several motions to have Mayfield's case dismissed as a matter of national security, or national secrets, but these were denied on July 28, 2005, by Judge Ann Aiken.

The case was heard by the Ninth Circuit Court of Appeals. Among the issues on appeal was whether materials removed from Mayfield's house, including DNA samples taken from his family's personal toothbrushes, were to be destroyed or preserved. The Federal Government assumed the position that materials must be preserved so that they can be referred to, if more lawsuits are brought in the future. On November 29, 2006, the U. S. government settled part of the lawsuit with Mayfield for a reported $2 million. The government issued a formal apology to Mayfield as part of the settlement. The settlement allowed Mayfield to pursue a legal challenge against the Patriot Act. The FBI was also cleared of wrongdoing in an earlier internal investigation. On September 26, 2007, two provisions of the Patriot Act were declared unconstitutional by the United States District Court for the District of Oregon. Finding in Mayfield's favor, Judge Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, "now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment," which violates the Constitution of the United States. The Federal government appealed that ruling, and Mayfield's attorney, Elden Rosenthal, argued in front of the Ninth Circuit court on February 5, 2009. Mayfield appealed this decision to the Supreme Court, but was denied certiorari on November 1, 2010.

Between 2015 and 2017, Mayfield participated in a campaign with CAIR, the ACLU, and the National Lawyers Guild to press for the Portland City Council to sever ties with the Joint Terrorism Task Force, citing surveillance and immigration issues. In 2018 Brandon Mayfield represented Yonas Fikre before the Ninth Circuit Court of Appeals, successfully persuading the court that damages done to the man by his placement on the No Fly List and interference with his attempts to return to the United States gave him standing to challenge the unconstitutionality of the policy.