Posted on 02/05/2003 5:46:30 PM PST by Cicero
Former Guard officer, ex-wife accused of espionage
THE ASSOCIATED PRESS
SPOKANE -- FBI agents have arrested a former Washington Army National Guard officer and his ex-wife on espionage charges relating to issues of national defense.
The government declined to release details of the alleged espionage, other than to describe it in court documents as "unauthorized retention of documents relating to the national defense of the United States."
Rafael Davila, 51, and Deborah Davila, 46, were arrested Tuesday and were being held without bail.
Officials for the Justice Department in Washington, D.C., the U.S. attorney's office in Spokane and the FBI in Spokane and Seattle declined to provide any details about the case.
"Clearly we can't comment on those things for national security reasons," said Ray Lauer, an FBI spokesman in Seattle.
In court here on Tuesday, Assistant U.S. Attorney Earl Hicks had said the "case involves the sale of 'top secret' and 'secret' documents involved with the defense of the United States."
Col. Rick Patterson of the Washington Army National Guard said Rafael Davila was a major who was discharged in January 1999. Patterson said the National Guard is delving into records for additional details.
The indictment said that between Jan. 1 and Aug. 20 of 1999, both defendants had unauthorized possession of sensitive documents and failed to deliver them to the person entitled to receive them.
Deborah Davila was also indicted for allegedly trying between Aug. 1-15, 1999, to deliver the documents to a person who was not authorized to receive them.
The indictment also contends that around Aug. 20, 1999, Deborah Davila made a false statement to federal agents that she did not recognize the name of attorney Kirk Lyons, and was certain she had never met him. The indictment said she knew those statements were false.
The indictment does not say what connection, if any, Lyons has with the case.
Lyons, an attorney in Black Mountain, N.C., said Wednesday he did not know Rafael Davila, barely knew Deborah Davila, and had no connection to any espionage.
"That's the most hilarious, funny, ridiculous thing I've heard in my life," Lyons said. "It sounds like flaky people squealing to the government for money."
Lyons said he had no idea what sort of government secrets might be involved in the case.
He said he knew Deborah Davila only from Scottish dance events a decade ago in the Spokane area. He said she also attended the wedding of Lyons and his wife, which was performed by Aryan Nations founder Richard Butler at the hate group's former compound near Hayden, Idaho.
Lyons has represented Ku Klux Klan and Posse Comitatus leaders in past trials.
He also said Deborah Davila would be an unlikely spy.
"Deborah is a nice girl, but she doesn't have the brains to be a spy," Lyons said.
Davila was arrested at his parents' home in Ontario, Ore., authorities said. His former wife, a special education teacher, was arrested at her home in College Place, near Walla Walla.
Information from: The Spokesman-Review
It sounds as if the actions being investigated are rather old. It also seems significant that the lawyer whose name comes up has defended "Klux Klan and Posse Comitatus" members, and that the divorced couple were married by the founder of the Aryan Nations.
None of these are savory organizations, but I can't help wondering if this isn't some sort of politically motivated witch hunt. The press loves it when the feds arrest people identified as right-wing racists and lets terrorists go about their business.
Maybe this investigation is on the up-and-up and they really are traitors. There aren't enough details to be sure. But it's a curious item, IMHO.
It is. And there is an Aryan connect ;).
FBI agents arrest pair on espionage charges
Woman with Aryan ties accused of trying to pass defense secrets
Bill Morlin
Staff writer
A former Washington Army National Guard officer and his ex-wife were arrested Tuesday on espionage charges involving an alleged attempt to pass secrets to an attorney for well-known racists.
Rafael Davila, 51, and Deborah Davila-Cummings, 46, were simultaneously arrested by FBI agents at separate locations in Washington and Oregon.
Davila-Cummings is accused of attempting to pass top-secret U.S. documents. A federal source said the intended recipient was attorney Kirk Lyons of North Carolina. He is named in the indictment, but not charged.
The charges were filed in U.S. District Court in Spokane.
The indictment alleges that sometime in August 1999, Davila-Cummings attempted to deliver "national defense documents."
Her former husband is accused of "unauthorized retention" of national security documents that she's accused of attempting to deliver.
The nature of the documents isn't detailed in the indictment.
Davila was arrested at his parents' home in Ontario, Ore, authorities said. His former wife, a special education teacher for the Pasco School District, was arrested at her home in College Place, Wash.
They both face up to life in prison if convicted of the charges.
Both are named in separate counts of "unlawful retention of documents relating to the national defense of the United States."
Only Devila-Cummings is named in a third count of attempting to deliver documents relating to the national defense.
She is accused in a fourth count of making a false statement to the FBI.
On April 20, 2000, the indictment alleges, she made a "false, fraudulent and fictitious material statement" when interviewed by FBI agents.
She said "she did not recognize Kirk Lyons' name and was certain she never met Kirk Lyons, when in truth and fact she knew her statement and representation was false," the indictment says.
Her father, Earl Cummings, of Spokane, said he learned of his daughter's arrest when she called him from jail on Tuesday.
"I have no idea what they're talking about," the 80-year-old Cummings said.
Asked if his daughter had ties to the Aryan Nations or its members, Cummings responded, "None whatsoever."
He said his daughter and her former husband were divorced "some time ago," and he couldn't provide further details about the former husband's background.
Another source said Davilia served in Vietnam, then became a military intelligence officer for the Washington Army National Guard.
The couple has lived in Western Washington and Alaska, other sources said.
They were ordered held without bond after an initial appearance Tuesday before U.S. Magistrate Judge Cynthia Imbrogno.
She scheduled detention hearings for Thursday.
"This case involves the sale of `top secret' and `secret' documents involved with the defense of the United States," Assistant U.S. Attorney Earl Hicks said in court on Tuesday.
Outside of court, he declined to comment. Hicks said a statement would be released today by U.S. Department of Justice officials in Washington, D.C.
Jim McDevitt, the U.S. attorney for the Eastern District of Washington, also wouldn't discuss details of the case.
"These espionage case are very, very important," McDevitt said. "These allegations are very, very serious."
Lyons couldn't be reached for comment in North Carolina Tuesday.
He was married at the former Aryan Nations compound to a woman whose family was close to Aryan Nations founder Richard Butler.
Lyons has called himself an "active sympathizer" with his clients, who have included former Texas Ku Klux Klan leader Louis Beam and James Wickstrom, head of the Posse Comitatus.
More recently, Lyons has been associated with the Council of Conservative Citizens.
The most effective spies are often perceived this way.
Maybe,but if they are found guility of treason,both of them should be hanged in public while every member of the US military ,intelligence agencies,and congressional staffs not doing neccessary duty should be ordered to watch the hangings on closed circuit tv. NO tolerance for traitors!
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