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<h1><font size=4><b>Fake terror plots, paid informants: the tactics of
FBI 'entrapment' questioned</b></font></h1><font size=3>Critics say
bureau is running a sting operation across America, targeting vulnerable
people by luring them into fake terror plots
<ul>
<li><a href="http://www.guardian.co.uk/profile/paulharris">Paul
Harris</a> in <a href="http://www.guardian.co.uk/world/new-york">New
York</a>
<li><a href="http://www.guardian.co.uk/">guardian.co.uk</a>, Wednesday 16
November 2011 12.33 EST </font>
<li><font size=1>
<a href="http://www.guardian.co.uk/world/2011/nov/16/fbi-entrapment-fake-terror-plots?fb=native&CMP=FBCNETTXT9038" eudora="autourl">
http://www.guardian.co.uk/world/2011/nov/16/fbi-entrapment-fake-terror-plots?fb=native&CMP=FBCNETTXT9038</a>
</font><font size=3>
</ul><br>
David Williams did not have an easy life. He moved to Newburgh, a gritty,
impoverished town on the banks of the Hudson an hour or so north of
<a href="http://www.guardian.co.uk/world/new-york">New York</a>, at just
10 years old. For a young, black American boy with a father in jail,
trouble was everywhere.<br><br>
Williams also made bad choices. He ended up going to jail for dealing
drugs. When he came out in 2007 he tried to go straight, but money was
tight and his brother, Lord, needed cash for a liver transplant. Life is
hard in Newburgh if you are poor, have a drug rap and need cash
quickly.<br><br>
His aunt, Alicia McWilliams, was honest about the tough streets her
nephew was dealing with. "Newburgh is a hard place," she said.
So it was perhaps no surprise that in May, 2009, David Williams was
arrested again and hit with a 25-year jail sentence. But it was not for
drugs offences. Or any other common crime. Instead Williams and three
other struggling local men beset by drug, criminal and mental health
issues were convicted of an Islamic terrorist plot to blow up Jewish
synagogues and shoot down military jets with missiles.<br><br>
Even more shocking was that the organisation, money, weapons and
motivation for this plot did not come from real Islamic terrorists. It
came from the <a href="http://www.guardian.co.uk/world/fbi">FBI</a>, and
an informant paid to pose as a terrorist mastermind paying big bucks for
help in carrying out an attack. For McWilliams, her own government had
actually cajoled and paid her beloved nephew into being a terrorist,
created a fake plot and then jailed him for it. "I feel like I am in
the Twilight Zone," she told the Guardian.<br><br>
Lawyers for the so-called Newburgh Four have now launched an appeal that
will be held early next year. Advocates hope the case offers the best
chance of exposing the issue of FBI "entrapment" in terror
cases. "We have as close to a legal entrapment case as I have ever
seen," said Susanne Brody, who represents another Newburgh
defendant, Onta Williams.<br><br>
Some experts agree. "The target, the motive, the ideology and the
plot were all led by the FBI," said Karen Greenberg, a law professor
at Fordham University in New York, who specialises in studying the new
FBI tactics.<br><br>
But the issue is one that stretches far beyond Newburgh. Critics say the
FBI is running a sting operation across America, targeting – to a large
extent – the Muslim community by luring people into fake terror plots.
FBI bureaux send informants to trawl through Muslim communities, hang out
in mosques and community centres, and talk of radical Islam in order to
identify possible targets sympathetic to such ideals. Or they will
respond to the most bizarre of tip-offs, including, in one case, a man
who claimed to have seen terror chief Ayman al-Zawahiri living in
northern California in the late 1990s.<br><br>
That tipster was quickly hired as a well-paid informant. If suitable
suspects are identified, FBI agents then run a sting, often creating a
fake terror plot in which it helps supply weapons and targets. Then,
dramatic arrests are made, press conferences held and lengthy convictions
secured.<br><br>
But what is not clear is if many real, actual terrorists are
involved.<br><br>
Another "entrapment" case is on the radar too. The Fort Dix
Five – accused of plotting to attack a
<a href="http://www.guardian.co.uk/world/new-jersey">New Jersey</a> army
base – have also appealed against their convictions. That case too
involved dubious use of paid informants, an apparent over-reach of
evidence and a plot that seemed suggested by the government.<br><br>
Burim Duka, whose three brothers were jailed for life for their part in
the scheme, insists they did not know they were part of a terror plot and
were just buying guns for shooting holidays in a deal arranged by a
friend. The "friend" was an informant who had persuaded another
man of a desire to attack Fort Dix.<br><br>
Duka is convinced his brothers' appeal has a good chance. "I am
hopeful," he told the Guardian.<br><br>
But things may not be that easy. At issue is the word
"entrapment", which has two definitions. There is the common
usage, where a citizen might see FBI operations as deliberate traps
manipulating unwary people who otherwise were unlikely to become
terrorists. Then there is the legal definition of entrapment, where the
prosecution merely has to show a subject was predisposed to carry out the
actions they later are accused of.<br><br>
Theoretically, a simple expression, like support for jihad, might
suffice, and in post-9/11 America neither judges nor juries tend to be
nuanced in terror trials. "Legally, you have to use the word
entrapment very carefully. It is a very strict legal term," said
Greenberg.<br><br>
But in its commonly understood usage, FBI entrapment is a widespread
tactic. Within days of the 9/11 terror attacks, FBI director Robert
Mueller issued a memo on a new policy of "forward leaning –
preventative – prosecutions".<br><br>
Central to that is a growing informant network. The FBI is not choosy
about the people it uses. Some have criminal records, including attempted
murder or drug dealing or fraud. They are often paid six-figure sums,
which critics say creates a motivation to entrap targets. Some are
motivated by the promise of debts forgiven or immigration violations
wiped clean. There has also been a relaxing of rules on what criteria the
FBI needs to launch an investigation.<br><br>
Often they just seem to be "fishing expeditions". In the
Newburgh case, the men involved met FBI informant Shahed Hussain simply
because he happened to infiltrate their mosque. In southern California,
FBI informant Craig Monteilh trawled mosques posing as a Muslim and tried
to act as a magnet for potential radicals.<br><br>
Monteilh, who bugged scores of people, is a convicted felon with serious
drug charges to his name. His operation turned up nothing. But Monteilh's
professed terrorist sympathy so unnerved his Muslim targets that they got
a restraining order against him and alerted the FBI, not realising
Monteilh was actually working on the bureau's behalf.<br><br>
Muslim civil rights groups have warned of a feeling of being hounded and
threatened by the FBI, triggering a natural fear of the authorities among
people that should be a vital defence against real terror attacks. But
FBI tactics could now be putting off many people from reporting tip-offs
or suspicious individuals.<br><br>
"They are making mosques suspicious of anybody. They are putting
fear into these communities," said Greenberg. Civil liberties groups
are also concerned, seeing some FBI tactics as using terrorism to justify
more power. "We are still seeing an expansion of these tools. It is
a terrible prospect," said Mike German, an expert at the American
Civil Liberties Union and a former FBI agent who has worked in
counter-terrorism.<br><br>
German said suspects convicted of plotting terror attacks in some recent
FBI cases bore little resemblance to the profile of most terrorist cells.
"Most of these suspect terrorists had no access to weapons unless
the government provided them. I would say that showed they were not the
biggest threat to the US," German said.<br><br>
"Most terrorists have links to foreign terrorist groups and have
trained in terrorism training camps. Perhaps FBI resources should be
spent finding those guys."<br><br>
Also, some of the most serious terrorist attacks carried out in the US
since 9/11 have revolved around "lone wolf" actions, not the
sort of conspiracy plots the FBI have been striving to combat. The 2010
Times Square bomber, Faisal Shahzad, only came to light after his car
bomb failed to go off properly. The Fort Hood killer Nidal Malik Hasan,
who shot dead 13 people on a Texas army base in 2009, was only discovered
after he started firing. Both evaded the radar of an FBI expending
resources setting up fictional crimes and then prosecuting those
involved.<br><br>
Yet, as advocates for those caught up in "entrapment" cases
discover, there is little public or judicial sympathy for them. Even in
cases where judges have admitted FBI tactics have raised serious
questions, there has been no hesitation in returning guilty verdicts,
handing down lengthy sentences and dismissing appeals.<br><br>
The Liberty City Seven are a case in point. The 2006 case involved an
informant, Elie Assaad, with a dubious past (he was once arrested, but
not charged, for beating his pregnant wife). Assaad was let loose with
another informant on a group of men in Liberty City, a poor,
predominantly black, suburb of Miami. The targets were followers of a
cult-like group called The Seas of David, led by former Guardian Angel
Narseal Batiste.<br><br>
The group was, perhaps, not even Muslim, as its religious practices
involved Bible study and wearing the Star of David. Yet Assaad posed as
an Al-Qaida operative, and got members of the group to swear allegiance.
Transcripts of the "oath-taking" ceremony are almost farcical.
Batiste repeatedly queries the idea and appears bullied into it. In
effect, defence lawyers argued, the men were confused, impoverished
members of an obscure cult.<br><br>
Yet targets the group supposedly entertained attacking included the Sears
Tower in Chicago, Hollywood movie studios and the Empire State Building.
Even zealous prosecutors, painting a picture of dedicated Islamic
terrorists, admitted any potential plots were "aspirational",
given the group had no means to carry them out.<br><br>
Nonetheless, they were charged with seeking to wage war against America,
plotting to destroy buildings and supporting terrorism. Five of them got
long jail sentences. Assaad, who was recently arrested in Texas for
attempting to run over a policeman, was paid $85,000 for his
work.<br><br>
This year the jailed Liberty City men launched an appeal and last week
judgment was handed down. They lost, and officially remain Islamic
terrorists hell-bent on destroying America. Not that their supporters see
it that way.<br><br>
"Our country is no safer as a result of the prosecution of these
seven impoverished young men from Liberty City," said Batiste's
lawyer, Ana Jhones.<br><br>
"This prosecution came at great financial cost to our government,
and at a terrible emotional cost to these defendants and their families.
It is my sincere belief that our country is less safe as a result of the
government's actions in this case."
<ul>
<li>© 2011 Guardian News and Media Limited or its affiliated companies.
All rights reserved. </font>
</ul><br><br>
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