Inventing-Terrorists-study

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Like the Virginia Paintball Network convictions, the governmentfastened on an innocent activity––in Shah’s case, his practice of the martialarts––and said it was evidence of terrorist activity. But any such terroristrelatedactivity was suggested and facilitated only by the FBI provocateursand agents, not Shah. The New York Times wrote that “[t]he governmenthas acknowledged that neither Mr. Shah, nor the three others accused in thecase…were on the verge of any violent act.”References:Andrea Elliott and William K. Rashbaum, “Anti-Muslim Bias Seen in ChargesAgainst Man Linked to Al Qaeda,” New York Times, June 1, 2005,http://www.nytimes.com/2005/06/01/nyregion/01terror.htmlAlan Feuer, “Bronx Man Pleads Guilty in Terror Case,” New York Times, April5, 2007, http://www.nytimes.com/2007/04/05/nyregion/05terror.htmlAlan Feuer, “Tapes Capture Bold Claims of Bronx Man in Terror Plot,” NewYork Times, May 8, 2007,http://www.nytimes.com/2007/05/08/nyregion/08terror.html?pagewanted=all&_r=0Graham Rayman, “FBI Agent on Synagogue Case Has Questionable Record,”Village Voice blogs, May 21, 2009,http://blogs.villagevoice.com/runninscared/2009/05/index.php?page=11Stewart, Lynne. Known as “the people’s lawyer” because of hercommitment to represent her clients zealously, especially those who werebeing prosecuted for their politics, Lynne Stewart was one of the lawyers in1993 for Sheikh Omar Abdel Rahman (the “Blind Sheikh”) and ten otherco-defendants who were charged with conspiracy to bomb New York Citylandmarks, including two tunnels, the UN, and FBI headquarters. Duringthe time he was incarcerated, Abdel Rahman was placed under SpecialAdministrative Measures (SAMs), which curtailed his ability tocommunicate with the outside world. All of his visits and othercommunications, including those with his lawyers, were monitored by thegovernment. Stewart correctly saw the SAMs as an assault on a lawyer’stime-honored ability to zealously represent a client. If the governmentB-40
monitored all of her communications with her client, how was attorney–client confidentiality to be maintained? Moreover, SAMs made itimpossible to establish a relationship of trust with a client.In 1999, Abdel Rahman wanted to make a statement to hissupporters in Egypt. Stewart announced the statement at a pressconference. Similar statements from the sheikh had been announced atpress conferences in the past by other defense lawyers, and the prosecutionhad not objected. Indeed, the prosecution did not immediately object to thisannouncement, either.Three years later, after 9/11, the government looked back at theincident, and in an apparent effort to intimidate lawyers who did not takeSAMs seriously enough indicted Stewart and two other co-defendants forconspiracy and for violating the SAMs. They were convicted of conspiracyand providing material support to terrorists in 2005. Stewart was disbarred.She was originally sentenced to twenty-eight months in prison, but becausethe prosecutor claimed that she had been under-sentenced in light ofperjury at her trial, she was resentenced on July 15, 2010 to ten years. Thesentence reflects an unprecedented attack on the legal profession by thegovernment that makes it almost impossible to give zealous representationto clients in terrorist cases.In prison, Stewart’s breast cancer, which had been in remission,returned, and her prognosis is grave. After one unsuccessful request forcompassionate release in 2013, which was blocked by the director of theBureau of Prisons on grounds that her “health was improving,” Stewart wasgiven compassionate release from prison on December 31, 2013 by orderof the district judge who had resentenced her.References:“Justice for Lynne Stewart,” website, various dates, http://lynnestewart.org/B-41
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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 87 and 88: 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
Page 103 and 104: theatrical sort of way of trying to
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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 and 120: cooperate with the FBI. The FBI eve
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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: Rafiq Sabir, a physician, to provid
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
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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