Cover Story

TARGETED? from page 15

covery process in his U.S District Court case. He
received documents from the Department of Defense
through at least June 2000.
His brief claims, "Even key Army officials who
played primary roles in the underlying events of this
case have admitted that Tenenbaum's being an
Orthodox Jew was a driving factor in accusing him of
espionage" (arguing deposition testimony of Special
Agent Steve Twynham of the 902nd Military
Intelligence Battalion and Special Agent Robert Riley
of the Defense Security Service [DSS]).
According to Tenenbaum's brief, "Twynham also
testified that Tenenbaum's being Jewish fit a profile
for espionage-related activity. This testimony matches
[John] Simonini's [TACOM's director of intelligence
and counterintelligence] sworn statement to the DSS
which claims that Tenenbaum's religious and ethnic
background fit 'a classic profile' warranting security
concerns."
Tenenbaum's appellate brief claims a Defense
Department confidential document, circulated in late
1995, warned the military and
its contractors that Jewish eth-
nicity was a counterintelligence
concern.

Tenenbaum's brief states that handwritten notes
taken at a meeting at TACOM between the FBI and
Army personnel specifically use the phrase "anti-Jewish
sentiment" to describe the circumstances surrounding
the espionage allegations against Tenenbaum.
According to Tenenbaum's appellate brief, which
refers to depositions made under oath and other
sworn statements, TACOM employees claimed,
"Anything we tell Tenenbaum, he tells the Israelis."
Tenenbaum, referred to as "our little Jewish spy,"
was frequently compared to Jonathan Pollard.
Tenenbaum's legal briefs detail how his colleagues,
despite explanations by one of his supervisors,
believed that Tenenbaum left early on Fridays to go
on vacation rather than observe Shabbat.

No Comment

ews for
Telephone messages left by the Jewish News'
Tenenbaum's supervisors and Department of
Defense counterintelligence officers at TACOM

sible religious discrimination against him. The U.S.
District Court accepted this argument and dismissed
Tenenbaum's lawsuit last October.
The Army also maintains that Tenenbaum's reli-
gious discrimination claims should not be heard by
the courts at all because they involve issues involving
his security clearance. The Army contends that secu-
rity clearance issues are matters of national security,
which are best left to the executive branch, regardless
of whether or not the Army has committed viola-
tions against a federal employee.
In this regard, Tenenbaum did file an administra-
tive appeal of his security clearance revocation, and
an administrative law judge completed hearing argu-
ments in February. The judge's recommendation to a
federal panel is expected as early as June.
Tenenbaum's attorneys say the panel's final verdict
should be handed down later this year.

The Pressure Intensifies

Tenenbaum's appellate brief
claims he was subjected to
extreme anti-Semitic taunts
and provocation by an exam-
iner while undergoing a lie-
detector test on Feb. 13,
1997. The test was adminis-
Raising Suspicions
tered to Tenenbaum, the doc-
"I'd traveled to Israel three
uments allege, as part of a
times for the government," said
ruse to convince him to
Tenenbaum in an interview.
upgrade his security clearance
"They said I traveled to Israel
to top secret.
on a non-American air carrier
Tenenbaum's appellate brief
[Israel's El Al]. The rule is that
says he was asked by Albert
you have to travel on an
Snyder, the polygraph opera-
American carrier when you go
tor, to confess to inadvertently
overseas. So they said I'd violat-
releasing classified informa-
ed regulations. What they failed
tion, but he "refused because
to mention is that I had written
he had done nothing wrong."
permission [from a supervisor].
At that time, Tenenbaum was
"There was also an issue
notified that he had been sus-
because I didn't stay in the same
pended from TACOM.
hotel as other Americans in my
According to testimony
travel group. That's because I
cited in his appellate brief,
have a different kashrut [kosher
members of TACOM, the
observance] level, and I wanted
Defense Department Security
David and Madeline Tenenbaum with their children, from left, Nechama Eta, 8, Yisroel Zev,
to stay near shuls, not at a five-
Service, the 902nd Military
star hotel like everybody else.
4 months, Nosson, 3, and Yehuda Leib, 5.
Intelligence Battalion and the
So they said I was setting
FBI attended a presentation
myself apart.
by the 902nd in October
"Why should I be more sus-
1996 where Tenenbaum was labeled a spy.
were not returned. An Army media liaison officer
pected than anybody else?" said Tenenbaum. "I had
Tenenbaum's brief states, "On Jan. 22, 1997,
said it was against Army policy to comment on a
to prove my innocence. They weren't interested in
[John]
Simonini [TACOM's director of intelli-
case still pending in the courts.
finding the truth. They wanted to find guilt."
gence
and
counterintelligence], in a sworn state-
The
Army's
appellate
brief
is
expected
to
be
filed
The appeal prepared by Tenenbaum's team at
ment
to
the
DSS, alleged that Tenenbaum con-
during
June.
But
prior
defense
arguments
have
not
Morganroth and Morganroth states, "Until 1992,
fessed
to
disclosing
classified information to the
responded
directly
to
Tenenbaum's
religious
discrim-
Tenenbaum's Jewish background was an asset, which
Israelis
at
the
July
16,
1996 meeting." In an inter-
ination claims — contending instead that such
TACOM used to benefit its U.S.-Israeli programs by
view,
Tenenbaum
vigorously
denies that he made
claims are barred because he failed to file them with-
having Tenenbaum work on such projects. The Army's
any
type
of
confession.
in 45 days of their occurrence, as required.
actions against Tenenbaum began at least on the day
When Tenenbaum left his office on Feb. 14,
Specifically, the Army contends that any religious
he was nominated to participate in the Scientists and
1997,
federal agents seized his computer; TACOM
discrimination
that
Tenenbaum
now
alleges
is
the
Engineers Exchange Program on July 22, 1992, where-
police
in the parking lot asked for his identity
mere
effect
of
past
alleged
discrimination
—
not
by Tenenbaum would be sent to Israel to work for the
badge and used it to scrape off the parking permit
Army
part
of
a
continuing
pattern
against
him.
The
U.S. Army in conducting research with Israel.
on his car. However, no one searched his briefcase
further contends that the 45-day filing deadline
"This demonstrates that they [the allegations] were
for sensitive documents.
should not be extended because none of its actions
motivated by anti-Semitism and continue through
On Saturday, Feb. 15, 1997, Tenenbaum said he
prevented Tenenbaum from becoming aware of pos-
today," the appeal claims.

5/18
2001

16