potential leadership of other prisoners. However, the judge granted Bout’stransfer to the general population, stating: “I find that Bout’s placement inthe SHU is not reasonably related to legitimate penological objectives butrather is an exaggerated response to the BOP’s concerns. Although Irecognize that courts are loathe to interfere with questions of prisonadministration, an area in which the BOP is best suited to make decisions, Icannot shirk my duty under the Constitution and Turner [Turner v. Safley,482 U.S. 78 (1987)] to ensure that Bout’s confinement is not arbitrary andexcessively harsh.”References:United States v. Viktor Bout, “Order Granting Viktor Bout’s Request for aTransfer to General Population,” Opinion and Order, 08 CR 365 (SAS), February 24,2012, http://www.jdsupra.com/legalnews/order-granting-viktor-bouts-request-for-86008/Butt, Ashar Iqbal. Butt was a recent immigrant to the U.S. from Pakistan.Around September 8, 2001, while visiting Manhattan, he had a friend takepictures of him in front of the World Trade Center. The photo store said thepictures would be ready in a few days. On September 12, 2001, a day afterthe attack on the World Trade Center, Butt went to get the photographs, butthe store had written his name down incorrectly and the clerk could notfind the pictures. Butt left hurriedly, looking anxious. The clerk made asecond search for the pictures, and on finding them saw the World TradeCenter in the background and called the FBI. Butt was immediatelyarrested and accused of entering the U.S. on a false passport. He was heldin jail until June 8, 2002, much of the time in solitary confinement, andthen was given an opportunity to plead guilty to the false passport charge,which he did on September 12. He was sentenced to six months in jail andordered deported. Defense attorney Anser Ahmad called Butt a “victim ofB-10
circumstances,” nationality, and limited English. “My understanding is thatif they thought he was a threat, they would have filed federal chargesagainst him,” he said.References:David Henry, “Al-Qaeda Threat to Philadelphia?”, ABC Channel 6 ActionNews––Philadelphia, June 27, 2002,http://www.freerepublic.com/focus/news/707287/postsMatthew P. Blanchard, “U.S. sweeps mall kiosks, hunting for terror clues. InJune, agents hit jewelry stands run by immigrants, including one in Phila. A Pa. casemay be the reason. U.S. looks for terrorism ties in malls,” Philly.com, July 8, 2002,http://articles.philly.com/2002-07-08/news/25357950_1_intrigue-jewelers-mall-kiosksins-agentsJoseph A. Slobodzian, “Pakistani man gets jail, deportation. The illegalimmigrant was arrested last fall after a clerk noticed his photos of the World TradeCenter,” Philly.com, September 13, 2002, http://articles.philly.com/2002-09-13/news/25362029_1_ashar-iqbal-intrigue-jewelers-anser-ahmadChandia, Ali Asad. Chandia was part of the Virginia Paintball Network(see description of that case below). He was a popular third-grade teacherwho was only somewhat involved in the Network. Prior to 9/11, Chandiawent to Kashmir and stayed with an LET official, Mohammed AjmalKhan, at a time when LET was not a designated foreign terroristorganization. In early 2002, after LET had been added to the FTO list,Khan came to visit the U.S. and stayed for a short time with Chandia.While he was Chandia’s guest, Khan borrowed Chandia’s cell phone andcalled people associated with his organization. Khan also borrowedChandia’s computer and ordered a shipment of paintballs. Chandia helpedKhan pack the paintballs for shipment overseas. This was the extent ofChandia’s involvement. He was convicted of material support and is nowserving a fifteen-year sentence.In October 2010, an appeals court vacated (for the second time)Chandia’s sentence, agreeing with the defense that the application of aB-11
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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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considered terrorism. And the enhan
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Post-conviction, terrorism defendan
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U.S. was fighting on the same side.
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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 (