I figured it was too good to be true when the Council on American Islamic Relations (CAIR) issued a press release congratulating the FBI on the arrests of four Muslims in the New York/New Jersey on charges of plotting to set off explosions. Now CAIR has issued a new press release, which calls into question the whole case.
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“This entire scheme seems to be the product of sending yet another FBI agent provocateur into an American mosque to instigate a ‘plot’ that would likely never have been hatched but for the rhetorical and financial inducements of the government informant. As a defense attorney said of the informant in this case, who was also the informant in a previous case, ‘Where he goes conspiracies blossom.’ According to the family of one of the suspects, the FBI informant even promised to pay for a liver transplant for his dying brother.
“We need to know who first suggested the specific targets in this plot and, if it was the FBI informant, why a government agency would create a scenario that may drive a wedge between two American religious minorities.
“These arrests seem to be based on a government formula for announcing law enforcement ‘victories’ that we have seen all too often in the past - take a paid informant, insert him into a mosque or community without probable cause of criminal behavior, locate marginal characters open to financial or rhetorical inducements, facilitate criminal actions suggested by the provocateur, and then announce ‘terror’ arrests with great fanfare.
“This formula, which could be used in any faith community, produces flashy arrests but rests on shaky constitutional ground and does little to advance legitimate law enforcement goals. It also serves to alienate an entire religious minority and provides fodder for those who seek to demonize Islam and marginalize American Muslims.”
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So once again, it is all a case of FBI/Government misconduct-entrapment against petty criminals. Without trying to issue a judgement on the guilt or innocence of the four suspects, I find it curious that CAIR routinely comes to the conclusion that everybody arrested by the FBI on terror-related charges is innocent. I found the press release on CAIR's website while searching for their response to the sentencing of the Holy Land Foundation "Charity" leaders to lengthy jail terms-especially since CAIR was listed as "un-indicted co-conspirator" in the Dallas-based federal trial.
As for the charges of entrapment that CAIR is implying, that is an issue that will be decided in court should it be raised as a defense. As I have pointed out in other cases, it will be the government's task to refute those charges by showing "pre-disposition" (a legal term in entrapment issues) on the part of the defendants to commit the crime charged. Tapes and other corroborating evidence will then be the deciding factor.
I am willing to make a deal with CAIR. I won't prejudge the defendants' guilt if CAIR doesn't prejudge their innocence. I am confident they will receive a fair trial. If CAIR doesn't share that sentiment, then I question why they have so little faith in our system of justice.
Thursday, May 28, 2009
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5 comments:
Uh, but Gary, in our country everyone is ALWAYS presumed INNOCENT. I shouldn't have to remind you of that, but apparently I do. The burden of proof is on the prosecution to prove that they are guilty. So it's perfectly reasonable and ethical for CAIR to presume innocence here. It's also very Constitutional. The courts aren't neutral and then each side makes their case as to why the suspects are innocent or guilty. No, the prosecution is the only one that has to prove anything. Okay I'm getting repetitive, but you needed to be reminded this.
Please Bryan, save the lecture on the law. I'm former DEA remember? I stated that I would not prejudge them guilty. What I am pointing out is that CAIR routinely not only presumes them innocent-which you so eloquently pointed out is the legal thing to do-but that they are attacking the government's case and actions-as they routinely do.
Well, isn't that what a defense team is supposed to do? They don't try to prove the defendant's innocence, they simply try to DISprove the prosecution's case. I'm failing to see what is so outrageous here.
Bryan,
I didn't know CAIR was the attorney of record for the defendants.
Nor did I Gary. Would it make Bryan feel better if the bombs they planted were real and have killed dozens if not hundreds of people. I know it would have given great joy to CAIR.
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