Informant Testimony Advances Long-Running Orange County Mosque Surveillance Lawsuit

A federal judge in Santa Ana met privately Monday with a fitness instructor who worked as an undercover FBI informant to address issues concerning state secrets. The informant, Craig Monteilh, is slated to testify Tuesday in an evidentiary hearing regarding a lawsuit that alleges the government improperly spied on Muslims in Orange County.

The class-action lawsuit, filed in 2011, centers on the 2006 Operation Flex surveillance of local Muslims. The case has been on hold for years due to the government’s claims of national security. Monteilh, who posed as a convert to Islam and joined the Islamic Center of Irvine, is expected to provide testimony that will be key to whether the lawsuit can proceed.

The legal battle has seen several developments, including an appeal to the U.S. Supreme Court, which ultimately returned the case to the courtroom of U.S. District Judge David O. Carter. Previously, now-retired U.S. District Judge Cormac Carney dismissed the case in 2012, citing the government’s assertion that it could not defend itself without revealing state secrets.

Following Carney’s dismissal, the 9th Circuit Court of Appeals affirmed parts of his ruling and reversed others. This led to the appeal to the U.S. Supreme Court, which reversed the appellate court’s ruling in 2022 and sent it back to the 9th Circuit. In December 2024, the 9th Circuit ruled that the religious discrimination case could move forward without considering privileged information, tasking Judge Carter with resolving the details.

Monteilh has since recanted some of his earlier declarations in the case, and he is anticipated to be questioned about these shifting statements. Plaintiffs’ attorneys informed Judge Carter on Monday that the government recently provided video footage of Monteilh from 15 years ago, showing him in mosques, which they indicated suggests violations of privacy and the First Amendment.

Before his private meeting with Judge Carter in chambers, Monteilh told the judge, “My position has always been to comply with the court.” He also mentioned previous concerns about violating a non-disclosure agreement, which he has now been assured is unenforceable. After meeting with Monteilh, Judge Carter ordered both sides to return Tuesday for Monteilh’s testimony.

In a statement last year to the Department of Justice, Monteilh claimed he originated Operation Flex in May 2006 and pitched the concept of infiltrating mosques to multiple FBI agents. He asserted a history of creating operations dating back to 1983. He also claimed ownership of the lawsuits against the government, stating his motivation was the FBI reneging on promises, which led to his arrest and prison time after he provided intelligence. Monteilh claimed he orchestrated the lawsuits as an act of revenge against the FBI, aiming to expose Operation Flex and his involvement, and to embarrass what he termed a “corrupt FBI,” a goal he expressed pride in.

Monteilh stated his cover was compromised by FBI agents during criminal proceedings against Ahmadullah Sais Niazi, whose case was later dismissed by the government. He recounted partnering with the American Civil Liberties Union (ACLU) and the Council on American Islamic Relations (CAIR) to protect himself from the Islamic community after his exposure. He characterized the FBI’s actions as reckless and negligent. He described his motive for working with the plaintiffs as not being someone to be slighted.

Furthermore, Monteilh claimed involvement in the operation to locate Osama bin Laden. He stated that Former Attorney General Eric Holder asserted privilege over information concerning the government’s efforts to track down Bin Laden in Pakistan to protect CIA assets and the details of the assassination. Monteilh claimed that Operation Flex, through his intelligence gathering, provided the real-time location of Osama bin Laden, which resulted in his killing. He expressed pride in this outcome, viewing it as an American citizen’s duty and an honor to have been central to Operation Flex. He also described the FBI’s treatment of him, their “most valued asset,” as shameful.

Regarding the ongoing class-action lawsuit, Monteilh indicated it was time to end what he called a “charade.” He stated that the legal declarations he and an ACLU attorney prepared were “not necessarily the truth” and contained information that was inaccurate. He claimed that “most of the information the ACLU and I made up,” and that he does not stand by that information, nor will he cooperate with the ACLU to advance what he described as “50-60% lies.”