Los Angeles: FBI Sting Lawsuit Blocked by “State Secrets” Doctrine

Behind this plaque are the “state secrets” of Islamophobic and racially profiled sting operations–endorsed as unchallengable and unquestionable by the courts

It was like a James O’Keefe hidden camera operation gone wrong: In 2006, despite no evidence of wrongdoing, the FBI sent informant Craig Monteilh to spy on a California mosque, only to have Ahmadullah Sais Niazi, the guy Monteilh was trying to convince to launch a fake terrorist operation, report the informant to the authorities. (Naturally, in 2009 the FBI then unsuccessfully tried to prosecute Niazi anyway).

The Monteilh-Niazi incident was part of “Operation Flex,” an FBI counterterrorism program that involved surveillance of the Muslim community in Southern California. Three local Muslims, Sheikh Yassir Fazaga, Ali Uddin Malik, and Yasser AbdelRahim, sued the FBI in February 2011 arguing that the FBI violated their constitutional rights. The Obama administration responded by invoking the state secrets doctrine, which often serves as a sort of get-out-of-court-free card for the government, and asking Judge Cormac J. Carney to dismiss the case because it would force disclosure of materials that could jeopardize national security. Carney did just that on Wednesday, accepting the government’s argument that the case would endanger state secrets. In doing so, Carney dismissed the plaintiffs’ argument that embracing the state secrets doctrine in the Monteilh case would lead to a state of affairs where “any practice, no matter how abusive, may be immunized from legal challenge by being labeled as ‘counterterrorism’ and ‘state secrets.'”

“Such a claim assumes that courts simply rubber stamp the Executive’s assertion of the state secrets privilege. That is not the case here,” Carney wrote. “The Court has engaged in rigorous judicial scrutiny of the Government’s assertion of privilege and thoroughly reviewed the public and classified filings with a skeptical eye.”

The case involves two key elements of the Obama administration’s approach to national security: The use of FBI informants and fake terror plots and the aggressive use of the state secrets doctrine to keep its counterterrorism operations secret. As Trevor Aaronson reported in his award-winning story for the September/October 2011 issue of Mother Jones, “With three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings.” Continue reading

FBI: Fabricating threats, false prosecutions, and fear-mongering–in the name of security

The FBI’s ‘Islamic Terrorism’ Fraud

By Sherwood Ross | Aletho News | July 2, 2012

Nearly every major post-9/11 terrorism-related prosecution has involved a sting operation at the center of which is a government informant, The Nation magazine reports.

The publication cites the findings of the Center on National Security at Fordham Law School. The Center has tracked 138 terrorism or national security prosecutions involving informants since 2001.

As the informants work for money or a reduction of their own criminal charges, their testimony may well be tainted. What’s particularly distressing, writes Petra Bartosiewicz, a New York City journalist in the July 2nd issue of the magazine, is that the FBI informants “have crossed the line from merely observing potential criminal behavior to encouraging and assisting people to participate in plots that are largely scripted by the FBI itself.”

The reporter explains that “Under the FBI’s guiding hand, the informants provide the weapons, suggest the targets and even initiate the inflammatory political rhetoric that later elevates the charges to the level of terrorism.” Continue reading

Federal Bureau of Instigation

August 30, 2011

Entrapment as Government Policy–The FBI Goes Rogue
by LAWRENCE DAVIDSON

Here is an important question: What single organization is responsible for more terror plots in the USA than any other? Possible answers: Al Qaida. That would no doubt be the popular answer but it would be wrong. The KKK. Way past their prime, so that is not it. The Jewish Defense League. Good guess, but still not it. So what is the correct answer? It is the Federal Bureau of Investigation, AKA the FBI. Don’t believe me? Well, just read Trevor Aaronson’s expose entitled “The Informants” published in the September/October 2011 issue of Mother Jones.

Aaronson looked at over 500 terrorism related cases taken up by the FBI and found that over half of them involved the Bureau’s stable of 15,000 informants. Many of these are ex-felons and con men who are often paid well if their efforts result in an arrest and conviction. So what, you might say. Using informants to obtain information about criminal activity is an old and legitimate tactic. Yes, however, that approach to information gathering is not exactly how the FBI uses all of its informants. Indeed, the Bureau has a program, misnamed “prevention” which encourages its agents to get creative in the use of informants. How creative? Well, if they can’t find any terrorist activity going on, they have their informants instigate some. Where are they doing this? Mainly in our country’s Muslim communities. Continue reading