The Wayne Simmons Story:

“The Truth Behind the Conspiracy to Destroy an American Patriot”

By: Lt. Gen. Thomas McInerney, USAF (ret.) and MG Paul Vallely, USA (ret.)

January 25, 2020

On April 9, 2014, at 0745, Wayne Simmons had his life changed forever. That morning he received a visit from Kendra McLamb and Joanne Altenberg, two incompetent Special Agents of the FBI. They came under the false pretense of investigating a financial crime, a crime which never existed.

Even though an Inspector General Action Request (IGAR) would be officially filed against those two agents, this was the genesis of the premeditated attack against Simmons by the Department of Justice. It was carried out by the Eastern District of Virginia (EDVA), under the direction of U.S. Attorney Dana Boente and Assistant U.S. Attorney Paul Nathanson. Boente answered directly to Attorney General Eric Holder and later AG Loretta Lynch. This cabal had one primary goal and that was to destroy Simmons at all costs in order to protect presidential hopeful Hillary Clinton. They were tasked to end Simmons’ appearances on Fox News by stripping him of any credibility.

For over a decade on Fox he had unleashed relentless attacks on the Left, the Obama Administration, and Secretary of State Hillary Clinton. He criticized her for her role in the 2012 Benghazi terrorist attack. Simmons had become one of the outspoken members of the Citizens Commission on Benghazi. A group of military and intelligence professionals who vociferously questioned the Obama Administrations lies about Benghazi.

This illegal attack on Simmons would begin one of the most egregious actions against an American undercover agent in national history. Evidence from a plethora of legal documents filed on PACER and from Open Source intelligence, prove that the FBI acted illegally during the arrest process. Over fifteen heavily armed FBI SWAT team agents raided Simmons’ Annapolis, MD home on October 15, 2015 at 0630 in the morning. The raid occurred even though Simmons and his attorneys were in direct discussions with the FBI for eighteen months.

The FBI not only failed to read Simmons his Miranda rights; they also illegally searched his residence without a warrant. Contrary to federal law Simmons was transported across state and federal district lines without granting him an appearance before a federal magistrate.

Simmons was eventually charged with fraud against the United States, wire fraud and felon in possession of a firearm.  He was sentenced to 33 months in federal prison after following the ill-advised recommendation of his third court appointed attorney, William Cummings.

During a recorded conversation, Cummings admits that Simmons was innocent. Cummings further states that if Simmons would plead guilty to specific crimes for which he was charged, he would serve no time in prison. If Simmons pled not guilty, he faced 20-40 years in federal prison. He grudgingly accepted the plea and pled guilty to crimes that his attorney knew he did not commit. Simmons was astonished when he was sentenced to 33 months in prison.

The EDVA’s principal claim that Simmons was not a CIA contractor imploded in the summer of 2016 after Simmons provided the House Permanent Select Committee on Intelligence (HPSCI), chaired at the time by U.S. Congressman Devin Nunes (R-CA), with detailed records of his operations files. Many of the files were over 40 years old. Those files listed Simmons’ training facilities along with their locations, his jump logs, flight-hour logs and his paymaster checks that detailed how Simmons was paid.  They also provided the addresses, directions, and photographs of the stash-and-safe houses used by Simmons and other intelligence personnel.  Yet the FBI and DOJ were not interested in any documentation that would prove Simmons’ bona fides or innocence.

However, the DOJ, CNN, Washington Post, and NY Times eagerly interviewed and believed as credible a disgruntled former CIA employee named Kent Clizbe. Two other former CIA employees, Gary Berntsen, a career CIA officer who served in the Directorate of Operations, and James Senner, a retired Senior Intelligence Officer (SIS 3), conspired with Clizbe to attack Simmons.

Berntsen and Senner were clearly aware that is impossible to confirm participation by anyone in a Deep Black CAP (Controlled Access Program). It is equally incomprehensible that intelligence officers at this level would not have been aware of the danger they would place Simmons in by claiming he was not a contractor. Even current and former Directors of CIA are precluded from access to most of the many hundreds of CAPs formed and operated for over 70 years by the CIA. In most cases, no documentation exists.

The Obama Administration’s Department of Justice had already indicted Simmons’ good friend and partner, American arms dealer Marc Turi. He was falsely charged with providing the illegal arms shipments used in the Benghazi terrorist attack of September 11, 2012.  Simmons’ relationship with Turi afforded him access to documents and unclassified operational intelligence that he used during his many years on Fox News and in other media.

This enabled Simmons to put the blame of the terrorist attack in Benghazi, squarely on Secretary of State Hillary Clinton. Four Americans died in the 2012 Benghazi attack including Ambassador Chris Stevens and Information Officer Sean Smith. Two CIA operatives were also killed, Glen Doherty and Tyrone Woods. Both were former Navy SEALs.

Marc Turi, also provided an affidavit to U.S. District Judge T.S. Ellis, stating that, “in the furtherance of U.S. foreign interests, Simmons was engaged in the covert procurement of equipment for an unnamed country.” The government and Judge T.S. Ellis ignored Turi’s affidavit and his offer to provide the weapons shipment orders secured by Simmons and Turi for the CIA.

Simmons is a man who has given three decades of his life protecting Americans and American national security interests. According to records and Operations files presented to HPSCI, Simmons performed some of the most dangerous, rigorous, and physically and mentally demanding tasks required of intelligence personnel.

His undercover efforts helped to combat the narcotics and weapons trade overwhelming the U.S. between 1979 and 1984. Simmons suffered physical and mental torture so great that he was placed on two separate TLA’s (temporary leaves of absence) from 1977-1979 and from 1984-1988. Records filed with the Maryland Department of Assessments and Taxation indicate that Simmons operated at least ten front companies during his decades of undercover work.   After his four-year TLA in the mid and late 1980’s Simmons returned to active intelligence operations. He spent the rest of his career as a contractor working undercover in venues such as Hong Kong, Macau, Kazakhstan, and Western Europe.

In Simmons’ case, even though the DOJ and FBI tried to use his past criminal arrests that occurred during his undercover operations to convict him in the eyes of the court and in the media, it was obvious to investigators from the MPM Group, Inc. and to Karl Milligan, President of Patriot Security Group, two of the top investigating agencies in the country, that over the decades very powerful forces continuously protected Simmons.

He was never incarcerated even though, while working undercover, he had multiple serious arrests, including a gun battle in 1981 where he was initially charged with assault with intent to murder. Another arrest occurred in 1984 during a massive arms for drugs operation Simmons set up in Tegucigalpa, Honduras. Those arrests and multiple other arrests that occurred while working undercover were stricken from Simmons’ record. The files were stored in a secure facility located outside of Baltimore, MD.

Since their objective was to destroy Simmons by claiming he was not a CIA contractor, the FBI and DOJ illegally and unethically accessed those records, then released them to the corrupt media and the public. According to government representations to the court, the crux of the case against Simmons involved his CIA contractor employment history claims dating back to the early 1970’s. Due to the nature of a majority of that employment in Deep Black CAPs, our nation’s most sensitive intelligence programs, written verification was extremely limited if not non-existent.

Simmons provided the government with no less than twelve attorneys, high-ranking U.S. government officials, flag officers from the military, and other credible witnesses who could have appeared before the sentencing court and proven that such unorthodox covert operations existed within the U.S. intelligence community.

A former Department of Justice attorney with the above Top Secret clearance level of Cosmic and Q, and one of the few men ever allowed by the CIA to audit CIA Black programs, provided an affidavit stating that he was aware of the CAP Simmons had participated in. He further stated that he was confident that Simmons was part of that black, wet program because of Simmons’ “intimate and detailed knowledge” of that specific above Top Secret, Controlled Access Program.

None of Simmons’ potential witnesses who could corroborate his background were ever interviewed by the government or by Simmons’ incompetent defense counsel, William Cummings. Cummings was a former U.S. Attorney for EDVA (1977-81). He was appointed to represent Simmons by his friend, U.S. District, Judge T.S. Ellis. Ellis is also the Judge appointed to the trials of Trump associates Paul Manafort, Lt. General Michael Flynn, and George Papadopoulos.   Simmons never retracted his employment claims during his sentencing allocution and his refusal to do so was never questioned by AUSA Paul Nathanson or Judge T.S. Ellis when they accepted his plea. Without reason the fake news media failed to report that on the morning Simmons was sentenced by U.S. District Judge T.S. Ellis, the principal charge against Simmons of falsifying his CIA contractor bona fides was dismissed by the government. Simmons was then coerced by his attorney to plead guilty to a new, false claim by the government of being a “Felon in possession of a firearm”.

Incredibly, that charge surfaced on the morning Simmons was to be sentenced. Even though Simmons was not a felon, and Judge Ellis accepted his claim of no felony convictions, Ellis still allowed the new charge to become part of the record. It became immediately clear that Judge T.S. Ellis and his friend, William Cummings, along with U.S. Attorney Dana Boente and AUSA Paul Nathanson, were serving the agenda of the Clinton political machine. Simmons’ media attacks on the Clintons were well known. He had to be silenced.

During an extensive investigation into the unprecedented attack on Wayne Simmons for crimes he did not commit, and after reviewing the legal documents on PACER that were filed in the Eastern District of Virginia (EDVA) and the U.S. Court of Appeals for the 4th District, Richmond, VAas well as from Open Source intelligence, the following points were discovered and should alarm every American:

  1. After Simmons’ initial pre-indictment representation by  Joseph Schmitz, a former Department of Defense Inspector General, and a Senior Trump Campaign advisor, Simmons retained the Law Firm of Perkins-Coie for $100,000. Perkins-Coie also represented American arms dealer, Marc Turi, who was falsely accused of providing the weapons used in the Benghazi terrorist attack of September 11, 2012. By representing both Simmons and Turi, Perkins-Coie controlled the legal fates of Hillary Clinton’s principal accusers and the entire narrative of the Benghazi terrorist attack.
  2. Unbeknown to both Simmons and Schmitz, Perkins-Coie unethically and possibly illegally, simultaneously represented Hillary Clinton, the DNC, Fusion GPS, and British Mi6 Agent Christopher Steele. Perkins-Coie also served as the “cut out” for the purchase of the Steele Dossier, which was fraudulently used by the FBI, CIA and DOJ to secure FISA (Foreign Intelligence Surveillance Act of 1978) warrants in their efforts to complete a coup against the newly elected President, Donald J. Trump.
  3. One month before the 2016 presidential election, and immediately after Simmons reported to federal prison in Schuykill, Pennsylvania, all charges against Marc Turi were “Dropped with Prejudice.” Hillary Clinton and her associates clearly believed she would be the next President of the United States. Thus, no outstanding legal actions involving Hillary Clinton and Benghazi could be left open or unfinished.
  4. While Simmons was being held without bail after his arrest on October 15, 2015, his attorney, J. Cabou, of Perkins-Coie, severed ties with Simmons by demanding that a $500,000 cash payment be made immediately to the firm. Cabou knew that Simmons could not make that payment after already paying $150,000 in pre- indictment legal costs. Simmons was then left with no representation and was forced to accept two completely unqualified public defenders.
  5. After filing two different motions for the removal of the public defenders, Simmons was finally granted a hearing before Judge T.S. Ellis. Ellis immediately denied Simmons’ choice of representation, that of renowned criminal defense attorney Raymond Mansilillo, of Boston, MA. Mansolillo has considerable national security trial experience as well as a Classified Information Procedure Act (CIPA) clearance.  Mansolillo also agreed to accept the Criminal Justice Act (CJA) fee.
  6. Simmons was forced by U.S. District Judge T.S. Ellis into representation by Ellis’ friend and former U.S. Attorney for EDVA, William Cummings, even though Cummings had virtually no CIPA experience.
  7. Collusion between Simmons’ attorney, William Cummings and the U.S. Attorney’s office became even more evident after emails surfaced showing that the names and locations of key defense witnesses for Simmons were surreptitiously provided to Assistant U.S. Attorney, Paul Nathanson, by Cummings.

These defense witnesses, all former or current intelligence officers familiar with Simmons, were then confronted by the U.S. Attorney’s office regarding their testimony. After that, locating those witnesses then became impossible. One witness known only as “DP”, was eventually located in Afghanistan after his unceremonious transfer.

Marc Turi, also provided an affidavit to U.S. District Judge, T.S. Ellis, stating that, “in the furtherance of U.S. foreign interests, Simmons was engaged in the covert procurement of equipment for an unnamed country.”

In the summer of 2016, Simmons received a tape recording from anonymous sources sympathetic to his plight. That conversation was between Simmons and his attorney, William Cummings. During the 10+ minute taped conversation Cummings would blame the adversities Simmons faced in court, including his failed plea deal and the prison time given to Simmons, on AUSA Paul Nathanson calling him, “duplicitous and difficult.” He would also charge that Judge Ellis was not “forthright” and did not honor Simmons’ plea deal because it was “not in writing.”

In 2017, while serving his 33-month sentence in federal prison, Simmons received an anonymous certified letter from a whistleblower who was disgusted with the collusion and corruption taking place inside the EDVA. The letter contained copies of altered legal documents proving the collusion between Simmons’ attorney, William Cummings and the U.S. Attorney’s office.  U.S. District Judge T.S. Ellis refused to grant Simmons a hearing where he could present the forged documents and the audio tape to the court.

Simmons has been out of federal prison for fifteen months and has rapidly rebuilt his life. As an adjunct to his patent issued by USPTO for “Point of Sale Credit Card Security”, also known as HADRIAN, he filed three more patent applications while serving twenty five of his thirty-three-month prison sentence. Simmons has succeeded in designing the first impregnable, cyber security system. His patent applications were immediately flagged by the United States Patent and Trademark Office (USPTO), who wrote that the applications could not be published as it “would be detrimental to national security.” The applications are now being permanently filed under national security protection.

In true irony, the same agencies that labeled Simmons as “Undeclared”, are now scrambling to have Simmons and his team of communications professionals brief them on his technology. That technology, which utilizes proprietary, multilayered communications protocols and techniques, will, according to the professionals who have reviewed and understand it, make internet communications, cell phone, and data communications impregnable.

Those who know Simmons have been unwavering in their support. That support quietly reaches all the way into the very highest levels of the U.S. government, the military, the intelligence community, and private industry.

Most if not all view what has happened in the court room of U.S. District Judge, T.S. Ellis, to Wayne Simmons, Lt. General Michael Flynn, Paul Manafort and George Papadopoulos as a frightening snapshot of the kind of corruption and malfeasance that may befall the American people if President Trump is not able to continue to put a stop to the excesses by federal agencies that have been compromised by political venality.

The recent revelations of collusion and corruption by the Comey led FBI, the Loretta Lynch- Eric Holder DOJ, John Brennan’s CIA and James Clapper’s, DNI, combined with  the endless list of compromised Democrat politicians, have finally allowed the American people an opportunity to look deep into the dark abyss of unbridled unelected power inside the American government.

Those individuals mentioned above and other high-ranking corrupt officials in the FBI, CIA and DOJ, like Peter Strzok, Lisa Page and Andrew McCabe, have been relentlessly pursued by Attorney General William Barr.  Media personalities Rush Limbaugh, Sean Hannity, John Solomon, Sarah Carter and Mark Levin have pilloried them. So have Congressmen Devin Nunes (R-CA), Mark Meadows (R-NC), Jim Jordan (R-OH), and many others. America owes them all a great and profound debt.

Simmons is adamant in his love of God, his family, his friends, and for America. He is very contemplative in his comments about those who attempted to destroy and discredit him. Simmons’ calm focus does not betray his anger for those who robbed him of one of the most vital things any person has in life, their reputation.

He is most proud of the faith, strength and courage that his children have always shown especially during the personal attacks levied on him by the corrupt news media and while he spent 25 months in federal prison.

When asked if he is a hero, Simmons’ eyes smolder with an intense stare. He modestly answers, “of course not” and then gently says that, “America has many heroes, in all walks of life. That’s what makes the United States the greatest country in the world.”

Simmons also states he is convinced that President Trump is leading America with divine inspiration and that he will win reelection this fall.

When asked if he would ever serve his country again Simmons replies, “I’ve never stopped.” The question remains, will the country he served so valiantly give him what all Americans deserve: justice?

We would like to recognize the dedicated support of Admiral Ace Lyons (since deceased) who remained steadfast in his efforts to bring justice to Wayne Simmons.