Entrapment Again

“His planning unfolded under the scrutiny and even assistance of undercover agents, officials said. ” NY Times, November 27, 2010, in reference to Mohamed Osman Mohamud, who was recently arrested in Portland, Oregon, for “attempting to use a weapon of mass destruction”.

This horrible person was planning to blow up a bomb at the lighting of a community Christmas Tree expected to attract up to 10,000 people.

Well… was he. Did Osman Mohamud, out of the blue, suddenly decide that he wanted to kill a lot of Americans? Or was he a rather fanatical Moslem whom the FBI recruited for a terrorist act which the FBI undercover informant was “planning”.

The FBI got wind of him months ago when he apparently tried to contact radicals in Pakistan. They got wind of him. Then undercover FBI agents contacted him and offered to help him commit some kind of terrorist act. They demurely “suggested” — on the secret recordings, of course– that he do something less destructive and more symbolic, but he insisted, no, no, he wanted to see innocent people die. That should satisfy those human rights activists who keep complaining about entrapment!

So the FBI undercover agent offered to help him build a bomb. Wait a minute…. Mohamud obtained some of the materials and turned them over to the FBI undercover agent and the undercover agent returned a device to him which he told him was a bomb. The FBI supplied the bomb. Mohamud then drove to the public square at the Christmas Tree Lighting and dialed the number that was supposed to blow it all up. That’s when the FBI arrested him.

So the FBI encouraged Mohamud to commit a crime but when Mohaumd proved too inept to actually commit the crime on his own, the FBI kindly stepped in and provided him with the bomb.

So if an FBI undercover agent went up to a man in a bar– let’s go crazy and suggest a white man– and said “I could get you some top grade heroin” and the man said, wonderful, let’s go, and he was arrested and brought to trial, what would happen? Most judges would refuse to convict. The question is, would the defendant have committed a crime without the intervention of the undercover police officer?  If not, it’s called “entrapment”. It’s why policewomen posing as prostitutes can’t actually bring up the idea of sex for money; the man has to bring it up or the charges won’t stick– it will look like committing a crime was the police woman’s idea. That’s why policemen can’t pose as drug dealers, going around offering drugs to people. It has to be the idea of the person committing crime.

(I feel ridiculous explaining this. I would be very happy to learn it’s not necessary– most people understand why allowing entrapment by the police is a bad idea. )

The police should not be going around trying to create crime by presenting opportunities to people to commit crimes. Among other things, this is offensive to the idea of equality under the law, for the police have no intention of going up to just anybody to see if he or she might be willing to consider committing a crime if offered the opportunity.

No, no, they only approach certain, selected, unlucky individuals. Right now, they certainly don’t seem interested in approaching, say, NRA members, or members of white supremacist militia groups, or vigilante groups, or Scientologists, any of which might have a number of members who could easily be persuaded to commit a serious crime with the right encouragement, and technical assistance. Say, burn down a house, or shoot a few illegal immigrants, or burn down a mosque.

If the police had not intervened, it is by no means certain that Mohamud would have committed any crimes on his own initiative. He might have. He might have remained a blustery, stupid young man who nevertheless never had the guts to actually go out and do something with his big talk. Like a lot of people.  He might have realized he didn’t have the technical skill to build a bomb and given up the idea.

He should perhaps have been charged with being an accessory to attempted murder. The FBI agent, of course, is the conspirator.

Ah yes… and I hear the right-wingers squawking hysterically, “Oh! So you want to wait until a crime has been committed before you lock someone up!”

Well, maybe not.  I think I could go along with the idea.  As long as the FBI approached other militant groups– including America militia groups– as well as potential Moslem extremists.  The fact is, we know that there are many, many more American Nationalist militants than there are Moslem extremists in America.

“So you think the police should have let him build a real bomb and set it off at the Christmas tree lighting?” No, but they should never have assisted him with building a bomb. They already had him under surveillance.  They could have charged him with a minor offence like “uttering threats”.  They should have let him fend for himself and then arrest him if he succeeded in building a bomb, once he had a real bomb in his possession, before he had a chance to use it. If I were a judge, I would ask myself again and again: would a crime have been committed if not for the intervention of the police?

Why should that be frightening? That’s how we do it with every other crime, even murder. Did you forget that there was a price to be paid for freedom and democracy? And one of them is that most of the time people commit crimes before being arrested.

And anyway, didn’t you want the government off your back?


The tabloids, in Britain, have been offering bribes to officials with FIFA to see if they would take them. Some of them did. My first question is, did they bring up the idea of a bribe or did the undercover reporter?

It absolutely matters. If the reporters were the ones who brought up the idea of bribes, they should first investigate every other FIFA Official to see how many others would accept the offer. It would not be fair to single out only the ones who happened be available to the undercover reporters.


I know– a lot of people are going to go, “well, even if it wasn’t his idea, he still agreed to it and should be locked up for at least 50 years”.

Yeah right. And why is it inevitable that some of the recordings of Mohamud’s conversations with the undercover FBI agent have been “lost”? It is inevitable. It is inevitable. It is inevitable. The police ask you to believe that they just happened to go missing. What a coincidence!

And you don’t want to look like a fool for being soft on crime, do you?

I personally would be quite satisfied if we had a justice system that would immediately drop any charges against an individual if it becomes clear that no crime would have been committed without the active participation or encouragement of the police or police agents or informants. Simple. The police already understand that principle when it comes to prostitution and illegal drugs.

Actually, I would not be satisfied with this because it is an innovation. I would be satisfied with this because it’s what 200 years of jurisprudence has settled on in order to prevent the police and justice system from abusing their powers.

Yes, there will be some crimes committed that would have been prevented under the newer interpretation of the law. But, that’s pretty well how our justice system is supposed to work. Until recently, we in the democratic west, didn’t try to lock people up for thinking about committing a crime.

The reason is that we don’t know who else might commit a crime if offered the same “encouragement” as people like Mohamed Osman Mohamud were offered.

Politics of Personal Destruction

Firstly, context. It’s a repeat of the Bill Clinton years. While Democrats and liberals generally– but not always– respect the outcome of elections– the hard conservative right does not. They do not accept that part of the democratic process is that you respect the outcome of elections. They do not accept that it is good for democracy that all parties respect the outcome of elections. They do not accept that anyone other than themselves has a right to govern.

So they attack unscrupulously. When the media takes note of their deceits and distortions, they accuse the media of bias. They imagine what they would do if they were “the media”, and what they do in fact do over at Fox News, and then accuse the media of doing it.

So when a couple of “investigative journalists” (you have to laugh for a long time at the thought– do these propagandists actually “investigate” anything?) find a couple of gullible Acorn employees and entrap them into seeming to approve of a bordello, oh the ecstatic joy in the humorless enclaves of the bigots and corporatists and godly! All this to preserve those handsome Bush tax cuts to the rich.

How do the rich do it? How do they always seem to be able to muster enough of these idiots to cause a ruckus?

I put quotation marks around “investigative Journalists” because real journalists follow stories and report what they find regardless of how it plays into the agenda of any particular interest group. These people were only seeking stories damaging to Obama. If they had found a story damaging to the Republicans, would they have presented it? Well, you won’t find what you aren’t looking for.

We are fortunate that the right wing retains it’s inexhaustible reserve of hubris– it appears that they were, in fact, evicted and the police were called at at least one location after they mentioned the idea of using 13-year-olds as prostitutes– and they denied it by claiming that, in fact, they were still there for a few minutes. If they had offered this information immediately, they might have established more credibility.

You will undoubtedly hear some conservatives who, while finding these activities distasteful, will immediately claim that liberals do it too. Maybe. Maybe somewhat. I really don’t believe that the so-called “liberal” media indulges in this kind of crap in the same way, with the same hysterical passion as conservatives.

Does any respectable conservative really believe that Fox News does anything like “journalism”?

Yes, indeedy, everyone is biased to some extent, but not everyone is stupid or brutally one-sided.

Without a doubt, it would be possible for a couple of liberals to attend a few “Christian” churches, or bible camps, or workshops, or whatever, and come away with equally controversial material. So what? There is fringe material in every movement, and I’ll bet there is a lot more fringe to the rightwing fringe than there is to the left.

How scary is Peter, Paul, & Mary compared to Timothy McVeigh?


In the 1980’s, if liberals pointed out that America was not entirely sin-less when it came to 3rd World exploitation, conservatives accused liberals of practicing “moral equivalence”: just because America does a few things that the Soviet do doesn’t mean they are the same. True.

In the same way, just because Michael Moore is rude to Charlton Heston, doesn’t mean that liberals are the same as conservatives.

The Toronto Terror Plot

This is from the Globe & Mail, September 3, 2009:

During subsequent meetings over Chinese-food buffets and in coffee shops, Mr. Elsohemy says he helped the two key conspirators work out the finer points of spectacular plan. He claimed to know people who operated a chemical plant, and suggested he could get bomb ingredients.

It was Mr. Elsohemy who told police the targets of the alleged plot were the Canadian Security Intelligence Service headquarters in Toronto, the Toronto Stock Exchange, and a unspecified military base along Highway 401. He jotted down alleged remarks the conspirators made about the bombings they hoped would force Canadian troops from Afghanistan.

Through all this, the agent was trying to leverage the confidences into something concrete. According to sources close to the case, he asked his RCMP handlers for as much as $15-million to put himself and his immediate family into hiding, before settling on a package worth closer to $4-million.

It’s not clear who or what he was afraid of, precisely. But a car for his brothers, dentist bills for his wife, and a place for his parents were all under negotiation – a remarkable turnaround for a family occasionally mired in bankruptcy proceedings.

What do we have here? A police informant with a spectacularly obvious desire for big money. The informant advises the alleged plotters as to where and how to get bomb materials, and then proceeds to actually procure the bomb materials for them. He even helps to unload (the fake materials, from the RCMP) for them.

This is rather like a police woman enticing a man into her apartment for sex, undressing, rubbing up against him, taking his wallet out of his pants pocket, and then arresting him for soliciting for the purposes of prostitution. It’s called “entrapment”.

The alleged plotters might have been guilty of something– but I was astonished when one of them pled guilty, without an opportunity to put Mr. Elsohemy on the stand. I can only conclude he didn’t get good legal advice. Equally likely, he didn’t have the money for good legal advice. Maybe he just isn’t very smart, which would be consistent with the earlier reports on this case that talked about a ragtag, disorganized group of blowhards conducting a paint-ball tournament up north.

Maybe he was intimidated and frightened by the bully tactics of the police and prosecution.

Either way, a guilty plea is a dream come true for the RCMP which can now trumpet this conviction as “proof” that there really, really, really was a terror plot and Dudley Dooright saved the day.

If the RCMP had taken a similar approach to some domestic right wing survivalist groups, I have no doubt they might have obtained the same results.   Young men of all cultures are highly susceptible to the macho excitement of potential violence.

Entrapment

Years ago, the police would sometimes attack prostitution by sending a female officer out on the streets to solicit customers. She would approach a man who looked interested and offer him sex for money. If he said “okay”, she arrested him.

Eventually, courts began to dismiss these cases because of something called “entrapment”. The judge was not convinced that the suspect would have committed the crime had the police not proposed it to him.

That’s not fair, because the police can be selective about who they propose crimes to, and what kind of crimes they propose. What if the police targeted a convention of Baptist ministers? It’s not silly to imagine that they could easily round up a dozen or so suspects even from that pre-selected group.

For the same reason, if it is true– I don’t know if it is or not– that an undercover police officer offered to obtain the ammonium nitrate for the “terrorists”, there should be a serious problem with the case.

There should be.