SACRAMENTO (CN) - An Iraq war veteran claims in court that
his superiors drugged and kidnapped him to keep him from telling the press about
Abu Ghraib prison abuses - and that Saddam Hussein's still-missing WMDs were
made in the U.S.A.
Those are just two of the disturbing claims Frank Ford makes in a federal
complaint, which mirrors a lawsuit he filed earlier this year in Sacramento
Superior Court. His attorney said the state complaint will be dismissed soon, in
favor of the federal case.
In the federal complaint, Ford accuses the defendants - including the
California Army National Guard, the United States of America and fellow soldiers
Victor Artiga, Merle Madera, Timothy Ryan and Thomas Pappas - of violating the
Constitution, the Whistleblower Protection Act, and of torture, false
imprisonment and medical malpractice.
Ford claims he served with the 203rd Military Intelligence Battalion,
through the California Army National Guard, and went to Iraq as a
counterintelligence noncommissioned officer in 2003. While in Iraq he was under
the command of the 205th Military Intelligence Brigade.
He claims that in April 2003 and during the course of his duties as a
counterintelligence agent he "personally observed weapons of mass destruction
(hereafter 'WMD') to wit: [Classified], in an Iraqi underground storage bunker
at Balad Air Force Base, with markings on them indicating that they were
manufactured in the United States of America. Plaintiff Ford promptly notified
his higher command, defendants herein," according to his complaint. (Parentheses
and brackets in original.)
In a declaration filed in his state case, Ford identifies the WMDs as
"twenty-nine P400-VX weapons of mass destruction."
"According to [U.N. weapons inspector] Hans Blix, the WMDs were made in the
United States and brokered and shipped by the Carlyle Group and shipped from
Houston, Texas to Iraq for use on the Anfal Kurds and the Iranian armed forces,"
Ford claims.
VX is a nerve agent whose production and stockpiling was outlawed by the
Chemical Weapons Convention of 1993.
Shortly after discovering the WMDs, Ford says, he recruited a confidential
informant (CI) to provide information for U.S. forces.
"I was told by [defendant] LTC Ryan, my commander, that we had unlimited
funds available to pay our Iraqi sources, who were operating in great danger at
all times," Ford says in a second state court declaration.
He claims in his federal complaint that his informant provided him with
information "that led to the capture of $40,000,000 in United States currency
and the currency of other countries. Plaintiff Ford turned this money over to
his higher command. Later, when plaintiff Ford asked his higher command for
money to pay CIs for information, plaintiff was told that he would have to use
his own money. Plaintiff Ford is informed and believes that the money he turned
over was embezzled and used for personal use by United States personnel."
Ford claims that when his informant told him he thought he knew the
whereabouts of Saddam Hussein but was unable to deliver him to U.S. forces,
things turned ugly for the man.
"On two occasions he was severely beaten by United States personnel and
plaintiff cared for him as a trained corpsman. On the third occasion that
plaintiff's CI was beaten, he died as a result of additional beating and torture
and plaintiff was unable to revive him," Ford says in his complaint.
"Frank knows who beat the informant," Ford's attorney J. Jeffries Goodwin
told Courthouse News in an interview Tuesday. "It was members of his own unit.
They were guys he worked with."
Torture is a recurring theme in Ford's complaint. He says he was based at
the now-infamous Abu Ghraib prison. Allegations of human rights violations at
the prison - including physical, psychological and sexual abuse, torture,
reports of rape and sodomy, and murder - committed by U.S. military personnel
culminated in the removal of 17 soldiers and officers from duty. By 2006, 11
soldiers were convicted in courts martial, imprisoned and dishonorably
discharged for their roles in the abuse.
"In May of 2003, while at Abu Ghraib prison in Iraq, plaintiff Ford was
asked to care for prisoners as a former U.S. Navy corpsman and U.S. Army medic,
which he did," the complaint states. "Plaintiff Ford personally witnessed and
treated many other Iraqi prisoners that had been abused and/or tortured by
United States personnel. On June 7, 2003 plaintiff Ford reported to defendants
Artiga and Ryan that the torture was wrong, illegal, counterproductive and that
the entire counterintelligence/interrogation team should be replaced.
"On June 15, 2003 defendant Artiga relieved plaintiff Ford from his
position on a THT [Tactical Human Intelligence Team], took away his M16 rifle
while Ford was still in an active combat zone, and referred plaintiff Ford for a
psychiatric assessment.
"On June 17, 2003 Ford filed formal charges for illegal torture and abuse
by and against his team and demanded 'Whistleblower' protection," Ford says in
the complaint.
Ford claims he was seen by defendant Dr. Madera a day later, on referral
from Artiga, for the purpose of ruling out psychosis.
"The true facts are that defendant Artiga wanted to silence Ford and to get
him out of the theater," Ford says in the complaint.
"Defendant Dr. Madera was coerced by defendant Artiga, who subjected
defendant Madera to illegal command influence, and unwillingly arranged for the
aeromedical evacuation of Ford.
"On June 21, 2003 plaintiff Ford was, against his will, kidnapped, drugged
and strapped to a stretcher. He was then flown out of Iraq to Germany without
orders or being listed on the manifest. Ford was accompanied, under guard, by
defendant Dr. Madera who was sent for the sole purpose of monitoring plaintiff
Ford's communications. Defendant Madera stated to Ford that 'you have been
kidnapped to shut you up because [defendant] LTC Ryan is terrified of what you
have to say," the complaint states.
Attorney Goodwin says his client has corroboration, in the form of a
heavily redacted CID memo dated June 16, 2004, that Madera's commanding officers
forced her to ship Ford off to Germany. The memo is attached to Ford's federal
complaint as Exhibit B:
"On 4 Mar 04, this office telephonically interviewed Dr [redacted] who
stated CPT [redacted] Commander of SGT [redacted] (NFI), went to her commander
to influence her decision to send SGT [redacted] back to the U.S. As a result,
her chain of command put 'undue pressure' on her which did influence her
decision to send SGT [redacted] back to the U.S. Dr [redacted] then stated that
because of the media attention the detainee abuse has been getting and the fact
that several newspaper companies have been attempting to contact her, she
requested a Patient Privacy Release Form from SGT [redacted] be obtained. She
was instructed that CID is only interested in the coercion piece, but she
insisted on the form to cooperate further," the memo
states.
Upon his return to the United States, Ford says, he underwent a mental
health evaluation at Brooke Army Medical Center's Department of Behavioral
Medicine in San Antonio, and received a clean bill of health on July 2, 2003.
"There is no overt evidence of any psychiatric disorder at this time," Dr.
Thomas Hardaway wrote on his mental health evaluation of Ford, attached to the
complaint as
Exhibit A.
"There is nothing on my initial screening evaluation indicating any overt
pathology or personality problems."
Ford says he waited nearly a decade to file a complaint against his
superiors and the California Army National Guard on the advice - and direct
orders - of the Guard's Adjutant General.
"Plaintiff Ford is informed and believes that any applicable statute of
limitation defense is waived by defendants, and each of them, because in July of
2003 plaintiff Ford was in the Office of the Adjutant General, California Army
National Guard, Sacramento, California when he, Ford, was ordered by LTC Dana
that he, Ford, should not institute civil legal action against the California
Army National Guard, or any of its officers regarding the state directed torture
program (SDTP) underway at Abu Ghraib prison in Iraq. Ford was told by his
superior officer that the reasons for Ford to stay quiet and to suppress the
information he had was that it would damage the war effort and jeopardize the
lives of United States personnel in Iraq. Ford was reminded that he had a
security clearance and that he could be prosecuted for leaking classified
information. Furthermore, LTC Dana told Ford that the release of Ford's
information would damage ongoing intelligence operations and that he, Ford, must
wait until all United States military personnel were out of Iraq. Plaintiff Ford
understood this to be a lawful order. Plaintiff Ford remained a member of the
Individual Ready Reserve until June 28, 2011 and subject to the Uniform Code of
Military Justice," Ford says in his state complaint. LTC Dana is not a party in
either action.
Attorney Jeffries acknowledged that his client faces an uphill battle in
taking on the U.S. government, and the Army, especially since his story
resurrects the depravity that took place at Abu Ghraib prison a decade ago.
"Everyone in the government is staying mum about it," Goodwin said. "We've
since found documents asked for under [the Freedom of Information Act]. They
were lost, misfiled by the same CID officer who tried to cover up."
Ford's other FOIA requests have gone unanswered. "No response. Four filed,
all outstanding," Goodwin said.
Ford leads a quieter life these days, working for the California Department
of Corrections at Folsom State Prison. He's close to retirement. But Goodwin
says that his client is afraid for his life.
"All the pictures from Abu Ghraib - he knows these people. He worked with
them," Goodwin said. "When he threatened to go to the press [in 2003], his
captain said he was psychotic, had him drugged and shipped him out. This is what
the Soviets used to do.
"He's concerned about being killed," Goodwin said. "He's more worried about
that than being prosecuted. Whether by U.S. forces, Iraqi forces, Al Qaida or
what have you, Frank worries about being killed for what he knows."