31 For example, in the Holy Land Foundation case, the prosecution tried to argue thatthe standard Muslim greeting, “As salam aleikum” (“Peace be with you”), was aterrorist phrase. In the Dr. Rafil Dhafir case, the prosecutor told the Bureau of Prisonsthat Dhafir needed extra monitoring as a security threat because he was a “sheikh” and a“Salafist” (purely religious terms with no connection to terrorism).32 For example, the Newburgh Four.33 Brendan J. Lyons, “It took patience to set the trap in terror sting,” Albany TimesUnion, October 12, 2006,http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=636292634 For example, the “Christmas tree bomb plot” in 2010 in Portland, Oregon, an FBIinitiatedand -scripted sting whereby the target, Mohamed Osman Mohamud, wassupposed to explode a car bomb during a crowded public Christmas tree lightingceremony.35 See Paul Harris, “Fort Dix Five: ‘They don't want our side, our view, our words,’”The Guardian, February 13, 2012, http://www.guardian.co.uk/world/2012/feb/13/fortdix-five-fbi-terrorism-case.“Omar [informant] was the first to be sent into the field andhe rapidly befriended Shnewer, eventually persuading him to go on trips to scout outFort Dix. The Duka brothers never did so, nor was any evidence presented that showedthem as aware of the base as a target.” And, “Omar actually confessed that two Dukabrothers––Dritan and Shain––did not know of any Fort Dix plot. ‘[They] had nothing todo with this matter,’ Omar said during the trial.” 36 For example, Ahmadullah Niazi, and see Salvador Hernandez, “FBI tactics againstMuslims questioned,” Orange County Register, October 7, 2010,http://articles.ocregister.com/2010-10-07/crime/24640008_1_fbi-agents-fbi-s-handlingahmadullah-sais-niazi,and Ibrahim Hirsi, “CAIR charges that FBI agents intimidated aMinneapolis man who refused to become an informant,” Twin Cities Daily Planet,February 5, 2013, http://www.tcdailyplanet.net/news/2013/02/05/fbi-agents-allegedlyintimidate-minneapolis-man-after-refusing-become-informant37 For example, Ahmadullah Niazi was charged with making false statements after herefused to become an informant (charges were later dropped).38 For example, Carlos Montes (see Los Angeles Committee to Stop FBI Repression,“Victory Against Repression: Carlos Montes Court Case Ends in Victory!”, June 5,2012,48
http://www.stopfbi.net/2012/6/5/victory-against-repression-carlos-montes-court-caseends-victory)and Warith Deen Umar (see Bethlehem Neighbors for Peace, Imam UmarDefense Committee, no title, n.d., http://nepajac.org/umar.htm andhttp://nepajac.org/ImamUmar.htm).39 David Thomas, “How Mohammed Warsame Became an Accidental ‘Terrorist,’” TheNation, November 27, 2013, http://www.thenation.com/article/177397/howmohammed-warsame-became-accidental-terrorist40 For example, Fahad Hashmi, and see Sally Eberhardt and Jeanne Theoharis,“Guantanamos Here at Home,” The Nation, January 20, 2011,http://www.thenation.com/article/157896/guantánamos-here-home?page=full41 See Amy Goldstein, “A Deliberate Strategy of Disruption,” Washington Post,November 4, 2001, http://www.washingtonpost.com/wpdyn/content/article/2007/11/18/AR2007111800673.html;Sydney P. Freedberg, “TerrorSweeps a Battle of Rights and Safety,” St. Petersburg Times, January 13, 2002,http://www.sptimes.com/2002/01/13/State/Terror_sweep_a_battle.shtml; and U.S.Department of Justice, Office of Public Affairs, “The Criminal Justice System as aCounterterrorism Tool: A Fact Sheet,” Justice blog, January 26, 2010,http://blogs.justice.gov/main/archives/54142 Over 100 members of the Black Panthers or other revolutionary groups are stillimprisoned in the U.S. as a result of the government’s illegal repression in the 1960sand 70s under COINTELPRO. See the website of the National Jericho movement,http://www.thejerichomovement.com43 See Mark Sherman, “U.S. lawyer cites WWII-era mistakes on internment,” SeattleTimes, May 24, 2011,http://seattletimes.com/html/nationworld/2015131210_apuswwiiinternmentjusticedepartmentapology.html44 A new case, Hedges v. Obama, which “...attempt[s] to revive a constitutionalchallenge to Congress’s recent support of presidential power to detain suspectedterrorists” and draws on the previous case of the same name (referenced in note 16),aims to “wipe off the books” the Supreme Court’s ruling in Korematsu “and tell theCourt that it is no part of the justification today for detention of U.S. citizens during thewar on terrorism.” See Lyle Denniston, “A plea to cast aside Korematsu,”SCOTUSblog, January 16, 2014, http://www.scotusblog.com/2014/01/a-plea-to-castaside-korematsu/49
- 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 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: trap has been pending for years and
- 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
- Page 69 and 70: Appendix A - Tactics used in prosec
- Page 71 and 72: Appendix A - Tactics used in prosec
- Page 73 and 74: Appendix A - Tactics used in prosec
- Page 75 and 76: Appendix A - Tactics used in prosec
- Page 77 and 78: Appendix A - Tactics used in prosec
- Page 79 and 80: Appendix A - Tactics used in prosec
- Page 81 and 82: Appendix A - Tactics used in prosec
- Page 83 and 84: Appendix A - Tactics used in prosec
- Page 85 and 86: Appendix A - Tactics used in prosec
- Page 87 and 88: Appendix A - Tactics used in prosec
- Page 89 and 90: Appendix A - Tactics used in prosec
- Page 91 and 92: Appendix A - Tactics used in prosec
- Page 93 and 94: Appendix A - Tactics used in prosec
- Page 95: Appendix A - Tactics used in prosec
- 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
- Page 105 and 106: conversation, presumably because th
- Page 107 and 108: and was released in February 2011.
- 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
- Page 121 and 122:
easy to prosecute terrorists, even
- 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 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
- 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 (