inventing-terrorists-study

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social hospitality intended to help a DTO by his actions, the government has typically discharged this obligation by claiming that the defendant had a “radical” ideology and so any social hospitality must have been intended to help a DTO. The implication is unfair, but juries are so willing to convict Muslim defendants that they often ignore the lack of evidence of any intent to support a DTO. The potential sentences are so draconian, and juries are so easily manipulated by the government in terrorism cases, that defendants have on occasion pleaded guilty in flimsy cases rather than face the prospect of many decades in prison. 24 Training camps. Many young people desire to serve as protectors of communities under attack. The U.S. has a long history of permitting young Americans to fight against dictators and tyrants, such as in the Spanish Civil War, where many Americans fought against Franco. There is also a long tradition in America of permitting groups like the Ku Klux Klan to hold training camps in rural areas to indoctrinate individuals and give them firearms training. Such activities are protected by the First Amendment right to free speech and association and by the Second Amendment right to bear arms. The law is clear that as long as these groups, and the individuals in them, do not discuss specific criminal plans, simply meeting to talk politics generally and to undergo general military or other training is not illegal. The line is 22
crossed only when members engage in specific planning to engage in criminal activity. By contrast, since 9/11 the FBI has consistently brought material support charges against Muslims simply for attending training camps involving a DTO, or for attempting to attend such training camps, or for even discussing attending a training camp at home or abroad, on the theory that a publicly expressed desire to attend a training camp constitutes material support for terrorism. It is easy to see some of these situations as preemptive prosecutions. Groups of young men go into the woods to practice physical fitness and discuss their religious and political beliefs. The FBI has infiltrated the group and knows that no plans are being developed for any specific criminal activity. Thus prosecuting such a group for material support for terrorism is clearly preemptive prosecution–– prosecuting the group before its “potential for violence” has been developed and before a crime has been committed or contemplated. Even worse, inserting an agent provocateur into such a group to try to steer the group into committing prosecutable crimes is clearly preemptive prosecution. Most of the prosecutions of domestic groups fit this pattern, and so we define them to be preemptive prosecutions. 25 In the same way, it should not be a crime for someone to attend a foreign training camp with the goal of protecting communities abroad from attack by terrorist organizations or tyrannical governments. For example, a number of people attended training camps abroad and then defended Muslim 23
Page 3 and 4: INVENTING TERRORISTS The Lawfare of
Page 5 and 6: About the Authors, Preparers, and S
Page 7: Appendices A: Tactics Used in Prose
Page 11 and 12: SUMMARY This study, sponsored by tw
Page 13 and 14: The following appendices are includ
Page 15 and 16: prosecution is all about. In preemp
Page 17 and 18: Preemptive Prosecution: General Con
Page 19 and 20: 5. Charges of making false statemen
Page 21 and 22: groups, with brief details on each
Page 23 and 24: one conspiracy charge of planning t
Page 25 and 26: public from a terrorist attack, the
Page 27 and 28: Immigration-related charges: Preemp
Page 29 and 30: their careers; or because agencies
Page 31: should not make all of his friends
Page 35 and 36: with fake (harmless) missiles, bomb
Page 37 and 38: things: it ramps up fear on the par
Page 39 and 40: Often the FBI charges a defendant w
Page 41 and 42: 4. Not Preemptive Prosecution: Real
Page 43 and 44: 4. Over the last few decades, the U
Page 45 and 46: have no way of knowing whether the
Page 47 and 48: opportunity for an individual to su
Page 49 and 50: surveillance. To date, however, ver
Page 51 and 52: considered terrorism. And the enhan
Page 53 and 54: Post-conviction, terrorism defendan
Page 55 and 56: U.S. was fighting on the same side.
Page 57 and 58: trap has been pending for years and
Page 59 and 60: http://www.stopfbi.net/2012/6/5/vic
Page 61 and 62: 50 See Graham Rayman, “Were the N
Page 63: 62 For example, Viktor Bout, a Russ
Page 67 and 68: Appendix A - Tactics used in prosec
Page 83 and 84:
Appendix A - Tactics used in prosec
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95:
Page 99 and 100:
APPENDIX B PREEMPTIVE PROSECUTION C
Page 101 and 102:
1. had not engaged in any violent a
Page 103 and 104:
theatrical sort of way of trying to
Page 105 and 106:
conversation, presumably because th
Page 107 and 108:
and was released in February 2011.
Page 109 and 110:
circumstances,” nationality, and
Page 111 and 112:
appropriate care, treatment, and me
Page 113 and 114:
manipulation to try to create an in
Page 115 and 116:
Hashmi was extradited to the U.S. i
Page 117 and 118:
Muslim charity in the U.S. In 2007,
Page 119 and 120:
cooperate with the FBI. The FBI eve
Page 121 and 122:
easy to prosecute terrorists, even
Page 123 and 124:
about the phone call from Maldonado
Page 125 and 126:
attorney, Montes accepted this prop
Page 127 and 128:
Steve Duin, “Jihad at Pioneer Cou
Page 129 and 130:
After the defendants were arrested,
Page 131 and 132:
Later, FBI officials contacted Niaz
Page 133 and 134:
district judge in California, but i
Page 135 and 136:
Atlanta Penitentiary in August 2006
Page 137 and 138:
Rafiq Sabir, a physician, to provid
Page 139 and 140:
monitored all of her communications
Page 141 and 142:
arrested both men. The attacker was
Page 143 and 144:
they were building an Islamic utopi
Page 145 and 146:
Ziyad Yaghi, Omar Hassan, Hysen She
Page 147 and 148:
more about Boyd than they were sayi
Page 149:
APPENDIX C Bibliography
Page 152 and 153:
Becker, Andrew, G.W. Schulz, and Da
Page 154 and 155:
Eberhardt, Sally, and Jeanne Theoha
Page 156 and 157:
-----. “The FBI’s anticipatory
Page 158 and 159:
_____. “NSA phone record collecti
Page 160 and 161:
Silver, Charlotte. “Stateless in
Page 162 and 163:
Associated Press. “5 years later,
Page 164 and 165:
Hanners, David. “Terrorist traine
Page 166 and 167:
McFadden, David. “3 From NY Terro
Page 168 and 169:
United States v. Viktor Bout. “Or
Page 170 and 171:
[Aref-Hossain case] “Muslim Solid
Page 172 and 173:
Accompanied by Appendix B: Chronolo
Page 174 and 175:
Offices of the Inspectors General (
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