The 175-page study by Muslim advocacy group SALAM analyzes 399 individuals in cases included on the list of the US Department of Justice from 2001 to 2010.
“According to this study’s classification, the number of preemptive prosecution cases is 289 out of 399, or 72.4 percent. The number of elements of preemptive prosecution cases is 87 out of 399, or 21.8 percent. Combining preemptive prosecution cases and elements of preemptive prosecution cases, the total number of such cases on the DOJ list is 376, or 94.2 percent,” the report concluded.
The authors define ‘preemptive prosecution’ as “a law enforcement strategy adopted after 9/11, to target and prosecute individuals or organizations whose beliefs, ideology, or religious affiliations raise security concerns for the government.”
Nearly 25 percent of cases (99 of 399) contained material support charges. Another almost 30 per cent of cases consisted of conspiracy charges. More than 17 per cent of the analyzed cases (71 of 399 cases) involved sting operations. Over 16 percent of cases (65 of 399 cases) included false statement or perjury charges, and around six percent of cases involved immigration-related charges.
According to the report, since 9/11 only 11 cases posed “potentially significant” threat to the United States.
“Only three were successful (the [Tamerlan and Dzhokhar] Tsarnaev brothers and Major Nidal Hasan), accounting for 17 deaths and several hundred injuries,” the paper says.
One of the FBI’s strategies involved “using agents provocateur to actively entrap targets in criminal plots manufactured and controlled by the government.”
“The government uses agents provocateur to target individuals who express dissident ideologies and then provides those provocateurs 25 with fake (harmless) missiles, bombs, guns, money, encouragement, friendship, and the technical and strategic planning necessary to see if the targeted individual can be manipulated into planning violent or criminal action,” the report concluded.
The government could also choose to use “minor ‘technical’ crimes,” such as errors on immigration forms, an alleged false statement to a government official, gun possession, tax or financial issues, etc., to go after someone for their “ideology.”
“What they were trying to do is to convince the American public that there is this large army of potential terrorists that they should all be very-very scared about. They are very much engaged in world-wide surveillance and this surveillance is very valuable to them. They can learn a lot about all sorts of things and in a sense control issues to their advantage,” Steven Downs, an attorney for Project SALAM, which issued the report, told RT. “And the entire legal justification for that depends on there being a war on terror. Without a war on terror they have no right to do this. So they have to keep this war on terror going, they have to keep finding people and arresting them and locking them up and scarring everybody.”
In the conclusion, authors of the report offered the US government several recommendations that the DOJ “should employ” to change the present unfair terrorism laws. A total seven recommendations call on the US government to accurately identify people who offer material support for terrorism, strengthening the “entrapment” defense in the courts; abolish “terror-enhanced sentencing” that triples or quadruples jail time in cases linked to terrorist acts; disallow secret court proceedings, and immediately notifying defendants if any evidence in their case is derived from secret surveillance.