Inventing-Terrorists-study

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an immigration form, which is technically a crime; lying togovernment officials about minor matters; gun possession based on aprior felony many years earlier; minor tax and business financematters).Journalist Chris Hedges has written that “the concept of pre-emptiveprosecution mocks domestic law as egregiously as pre-emptive war mocksthe foundations of international law.” 2Preemptive prosecution is similar toearlier methods of political repression in the U.S. whereby ideology,beliefs, and thoughts were targeted for prosecution: the Palmer Raids of the1920s, the Japanese internments during World War II, the Communistwitch hunts of the 1950s, and COINTELPRO during the 1960s and 1970s,which targeted progressives and particularly the Black Liberationmovement for infiltration, disruption, frame-ups, and even assassination,i.e., Black Panthers Fred Hampton and Mark Clark.The Senate Select Committee to Study Governmental Operationswith Respect to Intelligence Activities (known as the “Church Committee”because it was chaired by Senator Frank Church) issued a report in 1976 onthe COINTELPRO program that stated in part:Many of the techniques used would be intolerable in a democraticsociety even if all of the targets had been involved in violent activity,but COINTELPRO went far beyond that…the Bureau conducted asophisticated vigilante operation aimed squarely at preventing theexercise of First Amendment rights of speech and association, on thetheory that preventing the growth of dangerous groups and thepropagation of dangerous ideas would protect the national securityand deter violence…nonviolent organizations and individuals weretargeted because the Bureau believed they represented a “potential”for violence. 3Targeting non-violent individuals because the government believes thatthey represent a potential for violence is precisely what preemptive4
prosecution is all about. In preemptive prosecution, the targets areprosecuted with fake, manufactured, or pretext charges to preempt themfrom developing their “potential for violence,” as the Church Committeereport puts it.METHODOLOGYIn 2010, the Department of Justice (DOJ) published a list ofindividuals that it claimed represented all of the terrorism and terrorismrelatedconvictions in the U.S. from September 11, 2001 to March 18, 2010(http://web.archive.org/web/20100530015008/http://www.justice.gov/cjs/docs/terrorism-convictions-statistics.pdf). Via the Project SALAM database,this study uses the DOJ list as a basis to categorize and analyze cases ofpreemptive prosecution. The DOJ list is unfortunately incomplete. It is bothover-inclusive and under-inclusive: it omits “terrorism” cases decided afterMarch 18, 2010, it omits some “terrorism” cases that were decided prior tothat date, and it includes some cases that do not appear to be terrorismcases at all (see below under “No Preemptive Prosecution”). This probablyreflects a lack of clear standards for inclusion on the DOJ list.Project SALAM has built and maintained a much morecomprehensive database that contains significantly more cases than theDOJ list, including more preemptive prosecution cases and additional casesthat reflect a real security threat. However, the statistical analysis of thisstudy considers, in Appendix A, only those cases that appear on the DOJlist. (Project SALAM’s database includes more complete information oneach case than does the DOJ list, and thus Appendix A includes thisinformation, but only with regard to those cases that appear on the DOJlist.) This study will refer later on to other cases that are not on the DOJ5
Page 3 and 4: INVENTING TERRORISTSThe Lawfare of
Page 5 and 6: About the Authors, Preparers, and S
Page 7: AppendicesA: Tactics Used in Prosec
Page 16 and 17: list, but which are found in the Pr
Page 18 and 19: Muslims or other targeted groups is
Page 20 and 21: were ideologically “predisposed
Page 22 and 23: Vildirim Beyozit Tumer. He was a Tu
Page 24 and 25: with bombs at the Boston Marathon,
Page 26 and 27: Material support:Preemptive prosecu
Page 28 and 29: Management Units or in solitary con
Page 30 and 31: Even worse, in some cases the gover
Page 32 and 33: social hospitality intended to help
Page 34 and 35: communities in places like Bosnia a
Page 36 and 37: and shame him or her into doing som
Page 38 and 39: in Bosnia that were under attack. B
Page 40 and 41: the government indicted him for mat
Page 42 and 43: 1. After 9/11, the FBI began a hunt
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
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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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APPENDIX BPREEMPTIVE PROSECUTION CA
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1. had not engaged in any violent a
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theatrical sort of way of trying to
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conversation, presumably because th
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and was released in February 2011.
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circumstances,” nationality, and
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appropriate care, treatment, and me
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manipulation to try to create an in
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Hashmi was extradited to the U.S. i
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Muslim charity in the U.S. In 2007,
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cooperate with the FBI. The FBI eve
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easy to prosecute terrorists, even
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about the phone call from Maldonado
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attorney, Montes accepted this prop
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Steve Duin, “Jihad at Pioneer Cou
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After the defendants were arrested,
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Later, FBI officials contacted Niaz
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district judge in California, but i
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Atlanta Penitentiary in August 2006
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Rafiq Sabir, a physician, to provid
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monitored all of her communications
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arrested both men. The attacker was
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they were building an Islamic utopi
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Ziyad Yaghi, Omar Hassan, Hysen She
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more about Boyd than they were sayi
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APPENDIX CBibliography
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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 (
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