[Pnews] Inventing Terrorists -The Lawfare of Preemptive Prosecution

Prisoner News ppnews at freedomarchives.org
Wed Dec 9 14:18:42 EST 2015

  <http://www.projectsalam.org/Inventing-Terrorists-study.pdf> The
  Lawfare of
  Preemptive Prosecution


    A study by Project SALAM
    National Coalition to Protect Civil Freedoms

May 2014
Written by Stephen Downs, Esq. and Kathy Manley, Esq.
Lynne Jackson, database designer
Jeanne Finley, editor

*/Lawfare: the use of the law as a weapon of war.
/* –– “Law and Military Interventions: Preserving Humanitarian Values in 
21st-Century Conflicts” by Brigadier General (S) Charles J. Dunlap, Jr., 
USAF. In Humanitarian Challenges for Military Intervention, Harvard 
University, John F. Kennedy School of Government, The Carr Center for 
Human Rights Policy, November 2001.


    Download Inventing Terrorists by clicking here.


    *Press Reports on "Inventing Terrorists"*

*Carl Strock's blog on the Times Union, June 13, 2014, 



This study, sponsored by two national organizations, Project SALAM 
(Support And Legal Advocacy for Muslims) and the National Coalition to 
Protect Civil Freedoms (NCPCF), focuses on post-9/11 claims by the U.S. 
government that it keeps the county safe from terrorism by arresting 
hundreds of so-called “terrorists” who were about to strike the U.S. 
until the FBI foiled their plots. In fact, this study shows that there 
have been remarkably few actual terrorism threats to this country in the 
last decade. The vast majority of arrests in the war on terror have 
consisted of

    • the FBI foiling its own entrapment plots; or
    • the government arresting people on material support for terrorism
    charges that effectively criminalize innocent conduct, such as
    charitable giving and management, free speech, free association,
    peace-making, and social hospitality; or
    • inflation of minor or technical incidents into terrorism events, such
    as immigration application inaccuracies, old weapons charges, or
    inaccurate statements to governmental officials The study shows that
    the war on terror has been largely a charade designed

to make the American public believe that a terrorist army is loose in 
the U.S., when the truth is that most of the people convicted of 
terrorismrelated crimes posed no danger to the U.S. and were entrapped 
by a preventive strategy known as preemptive prosecution. The theme of 
the study links preemptive prosecution to the metaphor of “lawfare,” the 
use of the law as a weapon of war, in this case the war on terror.

Statistically, the study asks how many of the individuals who appear on 
the *Department of Justice (DOJ) 2001–2010 list of “terrorism and 
terrorism-related convictions” 
(Appendix A) represented real terrorism threats, and how many were cases 
of preemptive prosecutions. The study then categorizes the cases of the 
individuals on the DOJ list as one of three types of cases: preemptive 
prosecutions, cases that contained elements of preemptive prosecution, 
or cases that were not preemptive prosecutions/represented real 
terrorism threats.

The statistical analysis shows that 72.4% of convictions on the DOJ list 
represent cases of preemptive prosecution that were based on suspicion 
of the defendant’s perceived ideology and not on his/her criminal 
activity. Another 21.8% of convictions on the DOJ list represent people 
who began on their own to engage in minor, non-terrorist criminal 
activity but whose cases were manipulated and inflated by the government 
to appear as though they were “terrorists”; these cases are referred to 
in the study as “elements of preemptive prosecution” or “elements.” 
Overall, 94.2% of all the terrorism-related convictions on the DOJ list 
have been either preemptive prosecution cases or cases that involved 
elements of preemptive prosecution.

The *study* <http://www.projectsalam.org/Inventing-Terrorists-study.pdf> 
defines preemptive prosecution, gives background on the origin of the 
concept, discusses the tactical patterns that characterize its use by 
the government, and provides a methodology for determining the 
categorization of a case. The study then shows, for cases on the DOJ 
list, the percentages for each categorization of a case, as well as 
percentages for the tactical patterns used in each categorization. The 
study concludes that the government has used preemptive prosecution to 
exaggerate the threat of Muslim extremism to the security of the 
country, and presents some hypotheses as to why the government has done 
this, without taking a position on which possibilities may be correct. 
The study also makes recommendations to change the present unfair 
terrorism laws.


    Access the Project SALAM Database

The purpose of the Project SALAM database is to bring together 
information in one place about United States Justice Department’s 
post-9/11 terrorism-related prosecutions and convictions of Muslims.

Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
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