In a case with serious repercussions for U.S. national security and for Brazil, a Clinton-appointed U.S. federal judge concluded that an immigration record entered in the Customs and Border Protection system during the Biden administration was fraudulent. The fraudulent record reflected a non-existent entry into the U.S. by the national security advisor to former President Jair Bolsonaro. The fabricated entry was then somehow obtained and used by a controversial Brazilian Supreme Court judge to imprison that national security official.
Beyond concluding that the C.B.P. document was fake, the federal judge, Gregory A. Presnell of the Middle District of Florida, berated U.S. government lawyers for their refusal to produce all documents in the government’s possession concerning who was responsible for this fraudulent record and how it ended up being used in Brazil to imprison one of Bolsonaro’s closest advisors. I obtained a copy of the transcript from that U.S. judicial hearing and first reported the developments in Folha de S.Paulo, Brazil’s largest newspaper, on Friday.
The judge’s orders were issued as part of a lawsuit brought in U.S. federal court late last year by Filipe Martins, the top Bolsonaro advisor on international relations who was preventively imprisoned for six months in 2024 based on this false C.B.P. immigration entry. At the time, Martins was awaiting trial on charges that he had participated with Bolsonaro in plotting a coup after Lula’s narrow victory over Bolsonaro in the 2022 presidential election.
The judge overseeing the cases involving the alleged coup is Brazilian Supreme Court Justice Alexandre de Moraes, who has become a political lightning rod not just in his own country but also around the world. He has overseen a censorship scheme so severe that even The New York Times cited internet freedom experts calling it “a potentially dangerous, authoritarian expansion of power.” On other occasions, the Times — obviously hostile to Bolsonaro — raised serious questions about whether Moraes has become a grave threat to Brazilian democracy in the name of saving it.
This is the same judge who ordered both Rumble and Twitter be blocked across Brazil for refusing to comply with all of his censorship orders. When he was unable to collect a massive fine he had imposed on Twitter due to its lack of bank accounts in the country, he simply ordered the funds removed from Starlink’s accounts, a completely different Musk-linked company. Last year, the Trump administration imposed personal financial sanctions on Moraes, alleging that Moraes carried out tyrannical attacks on the free speech rights of U.S. companies and has corrupted Brazilian justice for nakedly partisan ends. The Trump administration appears poised to impose sanctions on him once again.
Moraes has repeatedly demonstrated a particular obsession with punishing Martins, who was appointed by Bolsonaro to be his national security advisor at the age of 31. Brazilian law is similar to American law when it comes to a defendant’s rights regarding pre-trial imprisonment: defendants are typically allowed to remain free prior to trial, absent very narrow circumstances (such as proof of witness tampering or a plan to flee the country). Moraes somehow obtained the false C.B.P. entry showing Martins left Brazil for the U.S. and never returned, and then used that false evidence to order his preemptive imprisonment before trial by claiming it proved Martins sought to flee justice. Moraes had Martins placed in a particularly harsh prison, clearly hoping to induce “confessions” that would implicate Bolsonaro and other political enemies of the judge.
One of the many questions that have never been answered — beyond the key question of who fabricated this document — is how this false C.B.P. entry fell into the hands of Brazilians attempting to imprison Martins. The first time this false C.B.P. record emerged publicly was when a Brazilian reporter known to be very close to Moraes, Guilherme Amado, published a news report full of falsehoods, clearly designed to implicate Martins, starting with the highly accusatory (and false) headline: “Under investigation, former Bolsonaro aide went to Orlando in 2022 and evaporated.”
Just two weeks later, the same reporter announced that Moraes himself had begun using this allegation, speaking off the record to various journalists and politicians to tell them that Martins had gone to the U.S. and “disappeared,” clearly laying the groundwork to order his arrest. Weeks later, Moraes did exactly that, issuing an order that relied upon a police report featuring the fraudulent C.B.P. record to claim that Martins had gone to the U.S. and never returned to Brazil (i.e., “evaporating”).
Not only is it now indisputable that the document on which this story was based was fraudulent, as even the C.B.P. admits, but it was so obviously fraudulent from the start. Indeed, within two days of investigating the case back in 2024, I had obtained so much definitive proof that Martins had never left Brazil that not even my meticulous editors at Folha de S.Paulo attempted in any way to dilute the strong language of my reporting — published shortly after Moraes’ original order of imprisonment — stating that Martins had been imprisoned based on clear fraud.
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