Inventing-Terrorists-study

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same people that the United States supported militarily, he was latertargeted and prosecuted for these previously applauded actions. He wasconvicted of only one count of conspiracy, but was sentenced to twelveyears in prison.Lackawanna 6, The. In the spring of 2001 (before 9/11), six youngYemeni men from Lackawanna, New York agreed to go to Afghanistanand accept training after a “recruiter” at their mosque persuaded them thatit was their duty as Muslims. The six arrived for training just before 9/11and did not like the anti-American feeling at the camp or the kind oftraining they received. They quickly returned to Lackawanna and spoke nomore about it. Nonetheless, they were arrested on a tip from an anonymousinformant and eventually pleaded guilty to material support charges afterthey became convinced that they could not receive a fair trial and after theywere threatened with being sent to Guantanamo as “enemy combatants.”In 2002, President Bush and Vice President Cheney were briefeddirectly by the FBI and CIA about this case, and it was personally directedby then-Attorney General John Ashcroft. New York Governor GeorgePataki and the media trumpeted the Lackawanna 6 as the nation’s firsthomegrown Al-Qaeda terror cell. It was a test case in that “it was the firsttime U.S. citizens had been investigated for terrorist activity since 9/11.”But “[t]here was no evidence whatsoever that the Lackawanna Six wereplanning to do anything or attack anyone. So they were on trial, in a sense,for what they might have done.” However, U.S. Attorney Mike Battle sawthe earmarks of a conspiracy: material support was the issue, rather thanwhether the men were a sleeper cell, and “given the national mood…it wasB-22
easy to prosecute terrorists, even before they struck. Even, in other words,if they could be deemed terrorists before they became terrorists.” This casethus marks the first time that preemptive prosecution was publicly stated tobe a new law enforcement paradigm.All the defendants are now out of prison, making them some of thefirst (and few) men imprisoned on terrorism-related charges to be releasedat all. It is assumed that a few are presently in the witness protectionprogram, since three testified at Guantanamo before a military commissionagainst Ali Hamza al-Bahlul of Yemen, who was characterized bycounterterrorism analysts as Al-Qaeda’s public relations director. Theyspoke of a two-hour video, which al-Bahlul had produced, that they hadbeen shown at the Afghanistan training camp they attended. In March2014, one of the men, Sahim Alwan, testified for the government at thetrial of Sulaiman Abu Ghaith, a son-in-law of and close advisor to Osamabin Laden.References:Dina Temple-Raston, The Jihad Next Door: The Lackawanna Six and RoughJustice in the Age of Terror (Public Affairs, 2007).David McFadden, “3 From NY Terror Case Testify in Gitmo Trial,” AssociatedPress, October 31, 2008, http://old.cageprisoners.com/articles.php?id=26701Benjamin Weiser, “Witness Says Defendant Spoke to Qaeda Trainees,” NewYork Times, March 6, 2014, http://www.nytimes.com/2014/03/07/nyregion/witnesssays-defendant-spoke-to-qaeda-trainees.html?_r=0Mehanna, Tarek. Mehanna, who holds a Ph.D. in pharmacology, began aserious <strong>study</strong> of Islam’s tenets in the 1990s. Around 2000, he and two otherindividuals (one of whom eventually became an FBI informant) becamebest friends and frequently discussed their common interests, such asreligion, Muslims’ role in the U.S., and the justification for jihadist acts.After 9/11, the three friends talked about going to a training camp inB-23
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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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trap has been pending for years and
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http://www.stopfbi.net/2012/6/5/vic
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50 See Graham Rayman, “Were the N
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62 For example, Viktor Bout, a Russ
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Appendix A - Tactics used in prosec
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Page 99 and 100: APPENDIX BPREEMPTIVE PROSECUTION CA
Page 101 and 102: 1. had not engaged in any violent a
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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: cooperate with the FBI. The FBI eve
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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 CBibliography
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
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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 (
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