Inventing-Terrorists-study

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Material support:Preemptive prosecution cases containing material supportcharges: 99 of 399, or 24.8%Elements cases containing material support charges: 33 of399, or 8.3%Combination of both types of cases containing materialsupport charges: 132 of 399, or 33.1%Stings: (note that many sting cases also contained material supportand/or conspiracy charges)Preemptive prosecution cases that were stings: 71 of 399, or17.8%Elements cases that were stings: 13 of 399, or 3.3%Combination of both types of cases that were stings: 84 of399, or 21.1%Conspiracy:Preemptive prosecution cases with conspiracy charges: 117 of399, or 29.3%Elements cases with conspiracy charges: 42 of 399, or 10.5%Combination of both types of cases with conspiracy charges:159 of 399, or 39.8%False statement or perjury charges:Preemptive prosecution cases with false statement/perjurycharges: 65 of 399, or 16.3%Elements cases with false statement/perjury charges: 9 of 399,or 2.3%Combination of both types of cases with falsestatement/perjury charges: 74 of 399, or 18.6%16
Immigration-related charges:Preemptive prosecution cases with immigration-relatedcharges: 26 of 399, or 6.5%Elements cases with immigration-related charges: 0 of 399, or0%Combination of both types of cases with immigration-relatedcharges: 26 of 399, or 6.5%DISCUSSION1. BackgroundAfter 9/11, the FBI was charged with preventing future terroristattacks, and it focused in part on ideology as a way to predict who mightengage in future terrorist attacks. If a defendant said or did things toindicate he or she held a particular religious or political view, the FBI couldclaim that the defendant’s innocent actions or statements involvingcharitable giving or management, peace-making, free speech, freeassociation, or other constitutionally protected activity were materialsupport for terrorism. If pretext material support charges were notavailable, the FBI engaged paid agents provocateur to entrap targets intosaying or doing something illegal, or prosecuted targets for non-terrorismrelatedcrimes that otherwise would not have been prosecuted. The trialswere typically characterized by inclusion of secret evidence, excessivesecurity to intimidate the jury, questionable governmental “experts,”mistranslations and mischaracterizations of the defendant’s words, andother unfair tactics that forced defendants to defend themselves on highlyun-level playing fields. Many such defendants were sentenced toextraordinarily long prison sentences, often served at Communication17
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 14 and 15: an immigration form, which is techn
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 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
Page 61 and 62: 50 See Graham Rayman, “Were the N
Page 63: 62 For example, Viktor Bout, a Russ
Page 67 and 68: Appendix A - Tactics used in prosec
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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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