Walter Kendall Myers spent 30 years as a traitor at high levels in the U.S. Department of State, spying for Cuba.  His wife, Gwendolyn, assisted him.  Both took guilty pleas last week and agreed to cooperate with the government.  Kendall was sentenced to life and Gwendolyn to six and a half to seven years in prison.

This is the second of a two part series quoting from relevant court documents in the Myers case.  In Part One, Fairly Civil described the Myers’s motivation and recruitment by the Cuban intelligence service.  This Part Two covers Kendall Myers’s access, the “trade craft” the Cuban spies used, and how the FBI investigation rolled them up [at least from the point of its contact with them.  There is no doubt a deeper trail, possibly ultimately connected to the Ana Belen Montes case and various cases in South Florida].

KENDALL MYERS’S EMPLOYMENT GAVE HIM ACCESS TO SENSITIVE CLASSIFIED INFORMATION

Kendall Myers held a number of jobs that gave him access over more than 30 years to sensitive classified information:

9. KENDALL MYERS was in the U.S. Army from January 1959 to March 1962, where he completed intensive communications training and served in the Army Security Agency.

11. From in or about August 1977, through in or about March 1979, KENDALL MYERS was employed as a contract instructor at the Department of State’s Foreign Service Institute (FSI), a training and professional development institute for Department of State employees located in Arlington, Virginia. After living in South Dakota with GWENDOLYN MYERS from in or about 1979 until in or about 1980, KENDALL MYERS returned to Washington, D.C. In or about August 1982, KENDALL MYERS resumed employment as a contract instructor with FSI and held the title of Chairperson for West European Studies. On or about May 9, 1983, KENDALL MYERS applied for a non-contractor, two-year appointment as a Training Instructor and Chairperson for West European Studies at FSI. On or about April 15, 1985, KENDALL MYERS was offered a two-year appointment as a Training Instructor and subsequently, a second two-year appointment as an Education Specialist at FSI, all while serving in a chair capacity in Western European Area Studies. From at least August 1988 to October 1999, KENDALL MYERS, in addition to his FSI duties, performed work on a periodic basis for the U.S. State Department’s Bureau of Intelligence and Research (INR).

12. Starting in approximately October 1999, KENDALL MYERS began working full time at INR as the Acting Director of the External Research Staff. From approximately July 2001 to October 31, 2007, KENDALL MYERS was a Senior Analyst for Europe for INR. INR is responsible for drawing on all-source intelligence to provide value-added independent analysis of events to policy makers at the U.S. Department of State. During his employment at INR in various capacities, KENDALL MYERS specialized in intelligence analysis regarding European matters. He also served as a Special Assistant for Analyst Training and Development during that time frame.

13. On October 31, 2007, KENDALL MYERS retired from the Department of State

KENDALL MYERS REPEATEDLY  VIEWED CLASSIFIED INFORMATION RELATED TO CUBA

67. During the April 30, 2009, meeting [with an FBI undercover agent], when the UCS asked KENDALL MYERS whether he had ever delivered information to CuIS that was classified more than SECRET, KENDALL MYERS responded “Oh yeah. . . Oh, yeah.” KENDALL MYERS stated that the “best way” to take information out from his job was “in your head.” KENDALL MYERS told the UCS that he removed information from the Department of State by memory or by taking notes. GWENDOLYN MYERS added that he kept his notes locked in his office safe.

68. An analysis of KENDALL MYERS’s classified Department of State work computer hard drive reveals that from August 22, 2006, until his retirement on October 31, 2007, KENDALL MYERS, while employed at INR, viewed in excess of 200 sensitive or classified intelligence reports concerning the subject of Cuba. Of these intelligence reports, more that 75 of these reports made no substantive mention of countries within KENDALL MYERS’s area of responsibility as an employee of INR. Of these reports concerning Cuba, the majority were classified and marked SECRET or TOP SECRET.

EXPLANATION OF TERMS RELATED TO THE MYERS’S “SPYCRAFT”

The affidavit explains a number of the terms that come up in its discussion of evidence about the Myers’s spying activity:

22. I have further learned based on my experience and training that CuIS employs “handlers” in the United States, i.e., persons who maintain some type of personal contact with agents located in the United States. Handlers receive reporting or information from agents, produce tradecraft and communication tools for agents, and sometimes direct and control agent activities based on instructions the handler has received from CuIS. Handlers could be “legals,” that is, persons with diplomatic immunity whose affiliation with Cuba is known. Also CuIS employs “illegals” as handlers, that is, persons whose affiliation to the Government of Cuba is not publicly disclosed, whose intelligence function is clandestine, and who possess no diplomatic immunity.

23. I have further learned based on my experience and training that a dead drop is a location used to pass items secretly between an agent and his or her handler, or between intelligence officers, without requiring them to meet. The location of the drop is agreed inadvance and it typically involves the use of common everyday items to which most people would not give a second glance such as a loose brick in a wall, a library book, a hole in a tree, under a boulder, etc.

24. I have further learned based on my experience and training that a brush pass, pass or hand-to-hand are terms used to mean a pre-arranged momentary encounter between an agent and his or her handler, or between intelligence officers, wherein written messages, instructions, or other items (e.g., a computer thumb drive or a brief case) are quickly and surreptitiously passed between them as they cross paths. Such encounters may occur in public such as on a busy street or on the subway.

25. I have further learned based on my experience and training that a personal contact, contact, or meet are terms used to mean a face-to-face contact between an agent and his or her handler wherein operational training and details can be discussed.

26. I have further learned based on my experience and training that a parole is a password or recognition phrase used between an agent and his or her handler, or between intelligence officers, to identify each other.

27. I have further learned based on my experience and training that CuIS sometimes employs husband and wife “paired” agents to achieve its intelligence goals in the United States. Such CuIS husband and wife “paired” agents were revealed in the investigation of the Miami network of CuIS agents in the case entitled United States v. Gerardo Hernandez, et al., Cr. No. 98-721-CR-Lenard, and of Carlos Alvarez and Elsa Alvarez in the case of United States v. Alvarez,  05-20943-CR-Moore, both arising in the Southern District of Florida.

28. I have further learned based on my experience and training that CuIS employs multiple code names for its agents to safeguard and protect their identities. CuIS also provides false identity and travel documents for its agents to facilitate clandestine travel and to facilitate flight from the United States in case of detection.

SHORT WAVE RADIO

The affidavit describes the use of shortwave radio as a hallmark of Cuban intelligence operations in the United States:

34. Based on my knowledge and familiarity with the communication methodologies of CuIS, I am aware that, during the time frame described herein, CuIS often communicated with its clandestine agents operating in the United States by broadcasting encrypted radio messages from Cuba on certain high frequencies – that is, shortwave radio frequencies. Under this method, CuIS would broadcast a series of numbers on a particular short-wave frequency. The clandestine agent in the United States, monitoring the frequency on a shortwave radio, could decode the seemingly random series of numbers by using a decryption program provided by CuIS. The series of numbers would then be decoded into cognizable text for use by the agent. Once decoded, the text of the message could provide the agent with tasking for intelligence gathering, instructions about operational activities, including communication plans and meets with CuIS handlers. Similarly, CuIS would broadcast similar messages to its handlers.

35. This shortwave radio communication method was employed by some of the defendants convicted of espionage on behalf of Cuba in the previously mentioned Hernandez case in the Southern District of Florida, as well as by Ana Belen Montes and Carlos and Elsa Alvarez.

36. I have further learned that CuIS broadcasts such encrypted shortwave radio messages in Morse Code or by a voice reading a series of numbers.

THE FBI’S INTERCEPTION OF SHORT WAVE MESSAGES AND THEIR LINKS TO THE MYERS

44. The FBI collects high frequency messages from CuIS in Cuba to Cuban officers and their agents abroad, to include illegal agents operating within the United States. Among other high frequency messages broadcast by CuIS that the FBI has collected, I am aware that the FBI has identified messages that it has determined were broadcast to a handler of KENDALL MYERS and GWENDOLYN MYERS, hereinafter, co-conspirator “C.”

45. The messages sent to co-conspirator “C” contain many references to standard CuIS tradecraft, including mentions of passes, visual signals, personal contacts, dead drops, counter-surveillance techniques, danger signals, clandestine communication techniques and plans, coded messages, and code names referring to KENDALL MYERS and GWENDOLYN MYERS.

46. Further, the message sent to co-conspirator “C” make multiple references to Cuba.

THE FBI UNDERCOVER OPERATION TAKES THE MYERS DOWN

39. On or about April 15, 2009, the Federal Bureau of Investigation (FBI) initiated an undercover operation. The purpose of the undercover operation was to convince KENDALL MYERS and GWENDOLYN MYERS that they had been contacted by a bona fide Cuban intelligence officer and, in the course of their ensuing discussion and relationship, ascertain the scope, nature, and substance of KENDALL MYERS and GWENDOLYN MYERS’s clandestine activities on behalf of CuIS.

40. During the afternoon of April 15, 2009, an undercover source of the FBI (“UCS”) approached KENDALL MYERS in front of the Johns Hopkins School of Advanced International Studies (“SAIS”) on Massachusetts Avenue, N.W., in Washington, D.C. The UCS told KENDALL MYERS that a named CuIS intelligence officer (hereinafter co-conspirator “D”) “sent me to contact you.” The UCS continued that he did not want to “bother” KENDALL MYERS or take “too much” of his time, but that he had “instructions to contact” him and “to get some information . . . and [KENDALL MYERS’s] opinion” because of the “change that is taking place in Cuba and the new administration.” The UCS said that co-conspirator “D” sends “his regards,” offered KENDALL MYERS a cigar, and congratulated him on his birthday.  KENDALL MYERS agreed to meet the UCS later that evening at a nearby hotel, after KENDALL MYERS was done teaching a class at SAIS. KENDALL MYERS volunteered that his wife, GWENDOLYN MYERS, could join them. The UCS agreed.

EXCERPTS FROM THINGS THE MYERS SAID DURING THEIR MEETING WITH THE FBI UCS

• KENDALL MYERS stated that “it’s an honor for us” to meet the UCS. KENDALL MYERS further stated that “we’ve been a little nervous . . . and . . . I think you should tell them that . . . we’ve been nervous because, because we didn’t want to hurt them . . . We were worried . . . .”

• KENDALL MYERS refused the UCS’s offer of a drink of Scotch while he was answering questions in response to the UCS’s tasking of the previous day, noting, “no, no, that’s okay . . . while I work, you know.”

• GWENDOLYN MYERS recalled, and both her and KENDALL MYERS agreed to use in future meetings with the UCS, a parole (or pass phrase) that KENDALL MYERS and GWENDOLYN MYERS had used previously.

• Near the conclusion of the meeting, KENDALL MYERS asked the UCS to “send special greetings . . . and hugs . . . to everybody . . . and to all of our friends.”

KENDALL MYERS and GWENDOLYN MYERS then listed individuals they believe were located in Cuba, including “two very old friends,” co-conspirator “A” and co-conspirator “B.”

• KENDALL MYERS acknowledged working with CuIS for 30 years.

• KENDALL MYERS stated that CuIS asked him to work at either the Department of State or the Central Intelligence Agency. GWENDOLYN MYERS stated that they both preferred the Department of State because KENDALL MYERS is “not a very good liar.” KENDALL MYERS continued “you had to be a good liar to pass [the polygraph at CIA].”

• KENDALL MYERS and GWENDOLYN MYERS agreed that the most secure way to transmit information to illegal agents was “hand-to-hand.” GWENDOLYN MYERS stated that this was because “you can always back off if you want. . . and the person we were meeting would understand.”

• KENDALL MYERS remarked that he “didn’t like dead drops . . . because you lose control of it.”

• GWENDOLYN MYERS further stated that her favorite way of passing information involved the changing of shopping carts in a grocery store because it was “easy enough to do.” She further stated that she “wouldn’t do it now. Now they have cameras, but they didn’t then.”

• KENDALL MYERS stated that his least favorite method for transmitting information “is that goddamn telephone system. . . . We wouldn’t do it.”  GWENDOLYN MYERS stated “we did it once, never again, we threw it away.”

• KENDALL MYERS further stated that he believed that the “telephone system” was responsible for Ana Montes’s detection and apprehension.

• KENDALL MYERS stated that the “best way” to take information out from his job was “in your head.”

• KENDALL MYERS told the UCS that he removed information from the Department of State by memory or by taking notes. GWENDOLYN MYERS added that he kept his notes locked in his office safe.

• KENDALL MYERS stated that “I was always pretty careful. I, I didn’t usually take documents out.”

• KENDALL MYERS stated that he and GWENDOLYN MYERS had bookends that were used as a concealment device at their home.

• In response to a question asking whether he had ever delivered information to CuIS that was classified more than SECRET, KENDALL MYERS replied “Oh, yeah. . . Oh, yeah.”

• KENDALL MYERS stated “I have great admiration for [Cuban spy] Ana Montes. She’s a hero. . . But she took too many chances. . . in my opinion. . . . She wasn’t paranoid enough.”

• KENDALL MYERS stated “Fidel is wonderful, just wonderful.” GWENDOLYN MYERS continued: “He’s . . . the most . . . incredible statesman in . . . a hundred years for goodness sakes.”

• GWENDOLYN MYERS informed the UCS that KENDALL MYERS would be a good teacher at a School of Intelligence in Cuba, adding, “so when can we come?” KENDALL MYERS agreed “that I could see doing. . . [t]hat I would like to do.”