Brent Marks Legal Thriller Series: Box Set One - Brent Marks Legal Thriller Series: Box Set One Part 44
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Brent Marks Legal Thriller Series: Box Set One Part 44

"Turns out the torture was sanctioned by the Department of Justice."

"The memos from the DOJ telling the president's staff that torture was legal."

"Dude, it's not torture. It's enhanced interrogation techniques. One of the guys who wrote the memos is now a Ninth Circuit Justice."

"Great, just what I need."

"Well, our Colonel Masters served at Abu Ghraib."

"No shit?"

"No shit. And his right hand man was none other than..."

"Let me guess. Sergeant William Brown."

"I'm seeing a cover up here."

"It's not a cover up. It's a cover 'all the way up.'"

"You're right. I'm saving this one for rebuttal. Find out as much as you can about Masters and Brown."

"The sex experts?"

"That was Masters and Johnson."

"The law firm?"

"Be serious for once in your life."

"That would be no fun."

The next adverse witness Brent put up for his case in chief was Special Agent Ralph Jeffries, the lead FBI agent who coordinated the search of Catherine and Ahmed's home without notice. He identified the members of Jeffries's team and their function, and then tore right into him like a rabid dog.

"Special Agent Jeffries, your team conducted surveillance on Ahmed and Catherine Khury, is that correct?"

"Yes."

"When I refer to "you," Special Agent Jeffries, I am referring to you or any member of your team. When I say, "you personally," it means only you, okay?"

"Yes."

"You wiretapped Catherine and Ahmed's cell phones before Ahmed went to Iraq, isn't that correct?"

"Yes."

"And that was without a wiretap order to tap the Khury's cell phones in particular, correct?"

"We had a wiretap order."

"But that wiretap order was not a court issued order, was it?"

"It was a national security letter."

"Issued by the FBI, correct?"

"Yes."

"Sir, your national security letter order did not specify Ahmed or Catherine Khury, is that correct?"

"That is correct. It directed a roving wiretap relative to money laundering operations in Iraq of suspected al Qaeda operators."

"In this case, the roving wiretap was directed at Sabeen Khury, wasn't it?"

"Yes, it was."

"So when Sabeen made a phone call to the Khurys, you listened, correct?"

"Correct."

"And when he sent an email to Ahmed Khury, you intercepted their emails, correct?"

"Yes."

"You also secured Ahmed and Catherine Khury's credit report from Experian, Trans Union and Equifax, isn't that correct?"

"Yes."

"And that was without their permission, wasn't it?"

"We didn't need their permission."

"Move to strike as non-responsive. Answer the question, sir."

"Objection!" Nagel interjected.

"Objection sustained," said the judge, irritated with Brent's usurpation of his authority. "I will rule on the motions here, Mr. Marks. Agent Jeffries's answer is stricken. You will answer the question, Agent Jeffries."

"It was without their permission?"

"Yes."

"And without their knowledge?"

"Yes, without their knowledge."

"This national security letter issued by your bureau, it had a non-disclosure provision in it, didn't it?"

"Yes."

"And that non-disclosure provision prohibited the recipient from disclosing its existence, isn't that correct?"

"Yes."

"So, for example, Experian was prohibited from disclosing to the Khurys that their credit report was given to the FBI, correct?"

"That is correct."

"And Verizon was prohibited from disclosing to the Khurys that their telephones had been tapped, right?"

"Yes."

"And, on May 26, 2006, you entered the home of Catherine and Ahmed Khury, correct?"

"Yes."

"You did not announce yourselves, correct?"

"Correct."

"And you gained access to the home by having a locksmith pick the lock on their front door, correct?"

"Yes."

"This search was also authorized by the national security letter?"

"Yes."

"Without Catherine's permission?"

"Correct."

Brent guided the jury through the search of the Khury's home with Jeffries's testimony, disclosing every detail.

"And you left the home with photos of Ahmed from the Khury's family photo albums that you had seized?"

"Yes."

"And took a laptop and a PC from their home?"

"Yes."

"Again, without their permission?"

"Yes."

"And without a warrant?"

"Yes."

"Agent Jeffries, in all the material you took from the Khury home, you found no evidence that either Catherine or Ahmed Khury was involved in any terrorist activity, is that correct?"

"That is correct."

"And in all the records you examined that you obtained from the national security letter, you found no evidence that either Catherine or Ahmed Khury was involved in any terrorist activity, is that correct?"

"Correct."

"Agent Jeffries, finally, in all the telephone calls you intercepted, you found no evidence that either Catherine or Ahmed Khury was involved in any terrorist activity, is that correct?"

"We found communications with Sabeen Khury, a suspected terrorist."

"Move to strike as non-responsive. Answer the question please, sir."

"Granted, answer the question."

"That is correct."

"And in all the emails you intercepted, you found no evidence that Catherine or Ahmed Khury was involved in any terrorist activity, correct?"

"No, sir. We found emails to arrange meetings with Sabeen Khury, a suspected terrorist."

"You found emails to arrange a meeting with Ahmed Khury's brother?"

"Correct, in Iraq."

"Where both Sabeen and Ahmed Khury were born?"

"Yes."

"And where Sabeen Khury still lived?"

"Yes."

There was not much Nagel could hope to gain from cross-examining his own witness. Brent had spoiled his party by calling the witness for his own case, so Nagel just rolled with it and emphasized the points he wanted to make without unnecessary repetition of the damaging ones.

"Special Agent Jeffries, the national security letter you received from the FBI was part of an authorized international investigation into terrorism and clandestine intelligence activities, pursuant to the Foreign Intelligence Surveillance Act, as amended by Section 505 of the Patriot Act, isn't that correct?"

"Yes."

"So your team did nothing against the law in executing the order, right?"

"Objection!" Brent interrupted. "Calls for a legal conclusion."

"Sustained."

"Special Agent Jeffries, did you stay within the parameters of the national security letter?"