William Fisher, “The Perpetual Trial of Sami Al-Arian,” OpEdNews, May 30,2012, http://www.opednews.com/articles/The-Perpetual-Trial-of-Sam-by-WILLIAM-FISHER-120530-522.htmlLaila Al-Arian, “When Your Father Is Accused of Terrorism,” The Nation, July2012, http://www.thenation.com/article/168373/when-your-father-accused-terrorismAssociated Press, “5 years later, Fla.–Va. terrorism case in limbo,” Argus-Press.com, May 15, 2014, http://www.argus-press.com/news/national/article_22e6ca84-d0a6-5fe1-a2aa-cf79cbc509a9.htmlAl-Timimi, Ali. A Ph.D. in computational biology, a cancer researcher,and an expert and lecturer on Islamic theology and philosophy, Al-Timimiwas named in 2004 as an unindicted co-conspirator in the VirginiaPaintball Network (see description of that case below). In a meeting heattended at a prominent northern Virginia mosque five days after 9/11, hesupposedly told his followers that “the time had come for them to goabroad and join the mujaheddin engaged in violent jihad in Afghanistan.”According to the prosecution, many who attended that meeting laterformed the Virginia Paintball Network, trained for jihad, and some left theU.S. for training camps. Al-Timimi and others went to Afghanistan tosupport the Taliban, but arrived after the Taliban had collapsed. However,in 2003, Al-Timimi told the Arabic-language network Aljazeera that “[a]nAmerican citizen should never kill another fellow American, no matterwhat the pretext. In Islamic law, if an Islamic country is attacked, thosecitizens of that country have a right to self-defense. And this is somethingthat is not just an Islamic law, but it’s also an international law...So, for thegovernment to take a discussion that I might have had in the past, talkingabout the law of warfare in Islam, where I might say in a lecture that I gavein 1996 that if an Islamic country [is attacked], by Islamic law then theinhabitants of that country can defend themselves, and now to try to saythat therefore I have encouraged killing, it is really a very silly andB-4
theatrical sort of way of trying to present charges.”Nevertheless, after the conclusion of the Virginia Paintball Networktrials, prosecutors tried Al-Timimi for encouraging the Network to wagejihad in India and the U.S. On July 14, 2005, Al-Timimi was sentenced tolife plus seventy years, essentially for one conversation. David Cole ofGeorgetown University said that the judgment against Al-Timimi was“overly harsh” and that the government’s case “raised questions about theviolation of First Amendment free speech rights.”References:“Free Ali Al-Timimi,” website, various dates, http://freeali.wordpress.com/“Ali al-Tamimi [sic],” Wikipedia, n.d., http://en.wikipedia.org/wiki/Ali_al-TamimiKevin Bohn, “Muslim lecturer indicted in terror case,” CNN, September 23,2004,http://www.cnn.com/2004/LAW/09/23/lecturer.indicted/index.html?eref=sitesearchAref-Hossain Case, The. Yassin Aref was a Kurdish refugee from Iraqwho was the imam of a mosque in Albany, New York. The governmentclaimed to have become suspicious of Aref’s “ideology” for some reasonand decided to entrap him with a sting that used an agent provocateur,Shahed Hussein, who was called “Malik” for the sting. Malik, awaitingsentencing for his own crimes, was promised a sentencing break if hecooperated with the government to get Aref.First Malik, acting for the government, entrapped a member ofAref’s mosque, Mohammed Hossain, into accepting a loan so that Hossaincould improve his rental properties. (The government conceded that it hadno concern that Hossain was a terrorist; it was only using Hossain as a wayto get to the real target, Aref.) Malik told Hossain (but not Aref) that themoney for the loan came from the sale of a missile to a terrorist group.B-5
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INVENTING TERRORISTSThe Lawfare of
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About the Authors, Preparers, and S
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AppendicesA: Tactics Used in Prosec
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an immigration form, which is techn
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list, but which are found in the Pr
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Muslims or other targeted groups is
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were ideologically “predisposed
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Vildirim Beyozit Tumer. He was a Tu
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with bombs at the Boston Marathon,
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Material support:Preemptive prosecu
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Management Units or in solitary con
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Even worse, in some cases the gover
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social hospitality intended to help
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communities in places like Bosnia a
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and shame him or her into doing som
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in Bosnia that were under attack. B
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the government indicted him for mat
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1. After 9/11, the FBI began a hunt
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have no way of knowing whether the
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opportunity for an individual to su
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surveillance. To date, however, ver
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Becker, Andrew, G.W. Schulz, and Da
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Eberhardt, Sally, and Jeanne Theoha
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-----. “The FBI’s anticipatory
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_____. “NSA phone record collecti
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Silver, Charlotte. “Stateless in
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Associated Press. “5 years later,
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Hanners, David. “Terrorist traine
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McFadden, David. “3 From NY Terro
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United States v. Viktor Bout. “Or
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[Aref-Hossain case] “Muslim Solid
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Accompanied by Appendix B: Chronolo
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Offices of the Inspectors General (