A federal judge in Santa Ana recently asked a fitness instructor who worked as an undercover FBI informant to meticulously review his records. The request aims to ensure the court possesses all necessary documents to decide a class-action lawsuit alleging the government improperly spied on Muslims in Orange County.
The lawsuit, filed in 2011, centers on the 2006 "Operation Flex" surveillance of local Muslims. It has been delayed for years due to government claims of national security concerns. Former FBI informant Craig Monteilh, who posed as a convert to Islam and joined the Islamic Center of Irvine, is scheduled to return to court next Tuesday. He will inform U.S. District Judge David O. Carter whether his personal record review aligns with what the federal government already possesses.
Judge Carter told Monteilh, “I’d like to have all of the notes you have in your possession.” The judge also requested a full accounting of the notes the government holds. These notes are reports Monteilh made to his FBI handlers during the operation.
Carter emphasized the need to avoid any "surprise" note resurfacing later that could further interrupt the lawsuit's progress. The case has navigated through lower and appellate courts for approximately 15 years, even reaching the U.S. Supreme Court before landing in Judge Carter’s court.
Now-retired U.S. District Judge Cormac Carney dismissed the case in 2012, based on the government's assertion it could not defend itself without disclosing state secrets. The 9th U.S. Circuit Court of Appeals affirmed Carney’s ruling in part and reversed it in part. This led to an appeal to the U.S. Supreme Court, which reversed the appellate court ruling in 2022 and sent it back to the 9th Circuit. In December 2024, the 9th Circuit ruled that the religious discrimination case could proceed without considering privileged information, leaving Judge Carter to oversee the process.
Monteilh stated he has notes because it sounds "a lot better than I have a photographic memory," and added that the government possesses all his notes from 2007. He explained he is attempting to transfer notes from 2006-07 to a thumb drive using a new computer but has not found a secure location to do so, stating he is "not willing to leave them with anyone overnight." Judge Carter reiterated, “All I’m asking for is completeness” of the records, and noted, “I don’t really want to go forward unless I have a complete record.” Monteilh estimated it would take about a week to review his records.
Monteilh has since recanted some of his earlier declarations in the case and is expected to be questioned about this change. Plaintiffs’ attorneys informed Judge Carter that the government recently provided video footage of Monteilh from 15 years ago, showing him in mosques, which they suggest would indicate violations of privacy and the First Amendment.
Recently, Monteilh sent a letter to the attorneys on the case expressing relief at being freed from a non-disclosure agreement (NDA) with the FBI. He stated, “It feels so good not to have that NDA lurking over me.” In another recent letter, Monteilh claimed that his handwritten notes, audio, and video recordings constitute only half of what the plaintiffs seek. He asserted that the other, "much more informative" half involves the electronic communications the FBI possesses, explaining that the FBI and Monteilh communicated frequently via email throughout Operation Flex. He described this email correspondence as "necessary for mass surveillance," citing examples such as identifying license plate numbers at large gatherings, specific individuals, tracking donation box activity, and monitoring who was entering and exiting the imam’s office.
Monteilh has claimed in court papers that he worked as a “double agent” for the government and the plaintiffs, providing information to an "American civil rights organization." He also claimed in a statement last year to the Department of Justice that he originated the idea for Operation Flex in May 2006, pitching the concept of infiltrating mosques to four FBI agents at different times. Monteilh further asserted he has a "history of creating operations dating back to 1983." He also claimed to have orchestrated the lawsuits against the government to obtain information and as "revenge" against the FBI. He stated his motivation stemmed from the FBI allegedly reneging on promises, leading to his arrest and prison time after he provided intelligence. Monteilh claimed his purpose was to expose and embarrass the FBI.
Monteilh stated that his cover was exposed by FBI agents during criminal proceedings against Ahmadullah Sais Niazi, whose case was later dismissed. As a result, Monteilh said he partnered with the American Civil Liberties Union (ACLU) and the Council on American Islamic Relations (CAIR) "to protect myself from an enraged Islamic community" after his FBI role was revealed, alleging the FBI was "reckless and negligent."
