Inventing-Terrorists-study

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TABLE OF CONTENTSSummary . . . . . . . . . 1Definition of Preemptive Prosecution . . . . . 3Methodology . . . . . . . . 5Preemptive Prosecution: General Considerations . . 7Preemptive Prosecution: Specific Considerations . . 7Elements of Preemptive Prosecution . . . . 10No Preemptive Prosecution . . . . . 101. Individuals Who Were Guilty but Were Not<strong>Terrorists</strong> . . . . . . 112. Individuals Who Attacked Other Countries . 123. Individuals Who Were Security ThreatsInside the U.S. . . . . . 134. Individuals Not on the DOJ List Who WereSecurity Threats . . . . . 13Statistical Analysis . . . . . . . 15Discussion . . . . . . . . . 171. Background . . . . . . . 172. Tactical Patterns of Preemptive Prosecutions . . 19Material support for terrorism charges . . 19Constitutionally protected free speech . 19Free association . . . . . 20Charitable giving and management . . 21Social hospitality . . . . . 21Training camps . . . . . 22Stings (entrapment) . . . . . 24Conspiracy charges . . . . . 27Use of pressure to obtain information or cooperation 28Use of pre-trial solitary confinement and SpecialAdministrative Measures (SAMs) . . . 293. Tactical Patterns of Elements of Preemptive Prosecutions 304. Not Preemptive Prosecution: Real Security Threats . 31Conclusions . . . . . . . . 31Recommendations . . . . . . . . 34Endnotes . . . . . . . . . 44
AppendicesA: Tactics Used in Prosecution Sorted by PreemptiveProsecution Used, Elements of Preemptive ProsecutionPresent, or No Preemptive Prosecution Used [based onU.S. Department of Justice list, “National SecurityDivision Statistics on Unsealed International Terrorismand Terrorism-Related Convictions 9/11/01–3/18/10”] A-1toA-29B: Preemptive Prosecution Cases Mentioned in the Study B-1toB-50C: Bibliography C-1toC-25
Page 3 and 4: INVENTING TERRORISTSThe Lawfare of
Page 5: About the Authors, Preparers, and S
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.
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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
Page 101 and 102:
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
Page 127 and 128:
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
Page 139 and 140:
monitored all of her communications
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arrested both men. The attacker was
Page 143 and 144:
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
Page 158 and 159:
_____. “NSA phone record collecti
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Silver, Charlotte. “Stateless in
Page 162 and 163:
Associated Press. “5 years later,
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Hanners, David. “Terrorist traine
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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
Page 174 and 175:
Offices of the Inspectors General (
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