In America, to be convicted as a terrorist, it is no longer necessary to prove that you have commited a terrorist act. Nor is it necessary to show that you intended to commit a terrorist act. All that is necessary is to show that you have a jihadist heart.
If you doubt me, than perhaps you haven’t heard of the case of Hamid Hayat of Lodi, Calif., who was convicted of giving material aid to terrorists because he had, in the words of the prosecutor’s closing argument, “a jihadi heart and a jihadi mind.”
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SACRAMENTO — The government had no direct evidence. The confession was vague and even contradictory. And the statements about attacking American targets came only after heavy prompting from FBI interrogators.
But what the three federal prosecutors could — and did — show convincingly was that 23-year-old Hamid Hayat of Lodi, Calif., espoused strong anti-American sentiments, supported militant Muslim political parties in Pakistan and had a romantic attachment to the idea of jihad.
A “romantic attachment to the idea of jihad” is not something of which I approve. Just as I strongly disapprove of of the point of view which claims that the US invasion was justified because it was part of the greater global struggle against terror. Both is a point of views are all to easily turned to justify the murder of innocent people. Both opinions are equally false, and equally misguided. Holding such opinions, however, is a not crime. At least, it didn’t use to be a crime.
The proof of Hayat’s views were a teenage scrapbook, a slip of paper inscribed with a warrior’s prayer in Arabic, books about jihadi martyrs, and Hayat’s own boastful comments secretly recorded by a man he thought was his best friend but who turned out to be a paid FBI informant.
After they established Hayat’s mind-set, the prosecutors were able to overcome key obstacles: the flawed confession and nagging credibility issues with the informant. The informant’s unsubstantiated claim that he had seen Osama bin Laden’s top deputy in Lodi was used repeatedly to undermine him during the nine-week trial.
In interviews, several jurors said Hayat’s confession and evidence of what jury foreman Joe Cote, a 64-year-old retired salesman from Folsom, Calif., called “un-Americanism” convinced them that he posed a danger.
Cote said the Arabic prayer Hayat carried in his wallet, translated by a government expert as “Oh Allah, we place you at their throats, and we seek refuge in you from their evil,” was especially influential with jurors.
“It carried a lot of weight,” Cote said. “A supplication is only carried in the country of the enemy. He would never carry it in Pakistan. Even though he’s an American citizen, his love and his home are in Pakistan.” […]
During the trial, no evidence was introduced suggesting that Hayat was poised to commit a terrorist act. The facts seemed to point in the opposite direction.
His father, mother, younger brother and a sister were all back in the United States after a two-year sojourn in Pakistan. Hayat had recently married and talked hopefully about bringing his new bride to Lodi, the Central Valley town where he had found a job in a cherry-packing plant.
Asked during his interrogation how he would receive orders to attack, Hayat, a junior high school dropout whose understanding of English is limited, answered hesitatingly: “Maybe, uh, send a letter or anything like that, maybe.”
But McGregor Scott, U.S. attorney for the Eastern District of California, said in an interview Friday that the case against Hayat was short on the standard elements of proof because the crime had not yet happened.
“In the post-9/11 context,” Scott said, “law enforcement has been given a mission by the president and the attorney general to prevent deadly acts before they occur. That is the new paradigm for law enforcement.”
Just consider that last part. It’s chilling. The “new paradigm for law enforcement” is to convict people before they commit any crime, merely on the chance that they might in the future, based on their beliefs. I’m sure from a law enforcement perspective, that’s a very good thing. We have a preventative war doctrine after all, so why not preventative law enforcemment? But from a civil liberties standpoint, from the standpoint of a country which enshrined in the US Constitution its belief that all human beings have the right to say and think whatever they please, it’s a very, bad thing indeed.
Perhaps its not surprising that Hayat was convicted of having unpatriotic thoughts. We are the country, after all, that put innocent Japanese-Americans into dentention centers during WWII because we feared they might think they owed a greater loyalty to the Emperor of Japan than to the US flag. But at least the frightened Americans who put their fellow citizens in concentration camps for the duration of that war didn’t have the hypocrisy of actually trying and convicting their fellow citizens of any crime. Hamid Hayat’s only crime was holding opinions and beliefs that other Americans, in the secrecy of the jury room, found threatening.
Personally, I find many people in America hold views of which I am legitimately fearful. White Supremacists hold the view that I am a race traitor who should be shot because I married a woman of Japanese descent, and, even worse, had children with her, thus diluting my precious racial heritage. Certain white southerners celebrate their heritage by flying the Confederate flag, a symbol as disloyal and unpatriotic as they come, and racist to the core, celebrating a time and a place and a people which believed holding human beings in slavery was more important than any loyalty they owed to their country.
Many people think that we should patrol our border with Mexico and shoot any brown skinned person we see trying to come into our country illegally, or not. Some people hold the opinion that homosexuality is a sin and should result in the execution of all who practice it, as they do in Iran. Others, that science is the pawn of the Devil. Some even believe that America should be a Christian nation governed solely by biblical law. All of these opinions are, to my mind, extremely dangerous and very frightening.
I still wouldn’t want to see the people who hold them convicted of a crime, however.
We have crossed many lines in the last few years here in America of which I never thought I would live to see the day. Torture. Imprisonment without due process of law. Spying on our telephone and email communications. Secret government files on dissenters labeled as terrorist organizations. The censorship of of government scientists, and other restrictions on our rights of free speech and free association. You might think this is just one more insignificant line we have crossed.
Maybe it is. But at some point we have to have the discussion of whether we want to keep crossing these lines and continuing down this path. And it better be soon, because when we started convicting people of crimes for having unacceptable beliefs, we crossed a very dangerous line, indeed.
In my opinion.
Oh God, I can’t even comment.
Very good, scary, and perceptive story It also fits well with the Zacharious Massaoui trial where the guy may well be given the death penalty for contemplating 9-11 involvement, but not actually being a part of it. Isn’t that the ultimate injustice? I mean convict him of potential conspiracy or something, but he did not actually partake in 9-11, so how can you convict him for murder for what he might have done?
I don’t know…he was training to fly a plane into a building. I don’t think we should have a death penalty because our justice system is too imperfect. But, since we do have a death penalty, it’s hard to argue that it shouldn’t be considered in ZM’s case.
The real issue is that ZM is totally insane. He is certainly more insane than Hinckley. I’m surprised they weren’t able to push that defense.
We are out for blood. No one cares whether he is insane or not.
On some level, I don’t care either. I remember when I was in France in 2001, Parisians were being untypically rude to Americans because we were about to execute McVeigh, which was the first federal execution since the 50’s or something. And I was annoyed that I was being blamed for it just becauseI was an American, but at the same time, I really had a hard time regretting that McVeigh was losing his life.
When you kill hundreds (or thousands) of innocent civilians in a terrorist attack (especially one on your own turf) some measure of justice must be handed down. I wouldn’t even feel ambivalent about it except that in allowing the government to kill a clearly guilty mass murderer, you also allow them to kill a much less obvious and potentially innocent mass murderer.
ZM intended to kill us my the hundreds, perhaps thousands. Should I care that he’s crazy? I dunno. I guess I should. And I do. But, I also want him to pay for his crimes.
BooMan, he wants to be a martyr. Why should we give him what he wants?
I say, leave him in jail foir life.
makes sense to me. Less complicated all around. I oppose the death penalty. It’s just that I don’t think the death penalty is always the wrong sentence on moral grounds, but on practical grounds.
I am only expressing my ambivalence about it.
If I train to use a handgun, am I to be convisted of a crime before I use it?? How do you know a person will fly a plane into a building because he takes flying lessons?
The point is that what goes on between your ears should never be a crime, but what you actually do may be a crime! It may well be impossible to stop crime in the planning stages, and that is why we use deterent punishment for those that do commit crimes to discourage others from so commiting crimes. It may just be impossible, or more accurately incompatible with freedom, to stop a crime in a person who is totally committed to do a crime and does not care about consequences!
Wrong analogy. If you buy a gun and begin target practice and tell your instructor that you are not interested in gun safety or maintenence because you only intend to use it one time to settle some score…and then they discover on your computer that you have been plotting to kill a public official with the gun? Well, that’s a crime and you can be convicted of it.
And if you confess your intention in court? All the more so.
The question is about sentencing, not about guilt.
I have to admit that this is tough stuff; however, if we want to remain a free country with free citizens, just how far are you willing to go in convicting people for suggesting, writing, or maybe thinking about crimes. Jimmy Carter said he lusted in his head over some women, so should he be convicted of a crime??
People are complex and do and especially say/think things for varied and sometime dumb reasons, but when is that a crime. We all know that doing something illegal is a crime, and deterence is an accepted social attritube to try and prevent other such crimes. However, when you try to stop a crime by convicting someone of something he might do, well that is a very, very, very, slippery slope for any society, but especially a so-called free society!
since we do have a death penalty, it’s hard to argue that it shouldn’t be considered in ZM’s case
Actually, it was a rather difficult stretch to make & somewhat novel, which the judge herself kept reminding the prosecution. It is, however, readily accepted by right-wingnuts & the morally deficient.
well the related crime of 9/11 was a novel crime. And since ZM confessed to an intention to carry out a similar crime, it is a novel situation.
You can’t compare it to a conspiracy to commit grand larceny, or a conspiracy to have your wife rubbed out. This is something bigger, something huge in the national psyche.
Take Khalid Sheikh Mohammed, the alleged mastermind behind the attack. He is in custody and we have no intention of putting him on trial. But if he were put on trial, and the jury is of course pre-selected to make sure their are no conscientious objectors to the death penalty, how would you argue that he is not deserving of the death penalty?
You can definitely argue the supporters of the death penalty are morally deficient. I don’t agree with that. I think they are shortsighted. A desire for justice in a particular case overwhelms the greater good of a less imperfect justice system than never executes, or attempts to execute the innocent.
I don’t buy the theory that a novel crime requites novel prosecutions that play with the constitution. It just sounds like another variant of ‘9/11 changed everything’ that we keep getting fed.
I meant it’s a legal novelty. Training & plotting to fly a plane into the WTC is a chargeable crime, but on its own, not death penalty eligible. It’s the dubious claim that had he ‘told all he knew’ (which the jury bought) the specific 9/11 attack could have been averted which made him “eligible” (as if one won a prize). This is creative prosecution.
It’s my understanding that one of the findings the jury must still decide is whether his lies-by-omission resulted in the death of at least one person. That’s already fairly novel legal terrain, though still tethered to some sense of reasonableness.
What Judge Brinkema questioned was the gov’t’s claim that, once he’d opened his mouth under the initial immmigration detention, he was then required to correct his intial statements, & that their theoretical actions could have made a difference. That’s novel. It’s weird 5th amendment terrain.
KSM doesn’t apply — he could be readily charged with the DP under current federal statute (‘cept of course, that little quaint prohibition about taking testimony obtained through torture). I’d argue against executing him on the same grounds the rest of the civilized world does — I believe it’s immorral & LWOP is a more fitting punishment. The same grounds which annoyed you in Europe re: McVeigh.
There’s a strong argument that can be made that the Dp doesn’t really servve the interests of Justice, & in many cases, creates even more victims, but now’s not the time to spit that out.
I am reminded by the chorus of this Cheap Trick song:
Dream Police
The dream police, they live inside of my head.
The dream police, they come to me in my bed.
The dream police, they’re coming to arrest me, oh no.
Wonder if we have already crossed it? Think of all of the topics that everyone here has written about. Scary, IMO.
The death penalty should never be premeditated.
When they start booking chemo treatment time for me because I may
get cancer some day, I`m outta here.
It should be noted that Hamid was charged with “material support for terrorism” based, partly on his trip to Pakistan where the gov’t alledged he attended a training camp (outside Rawalpindi), but presented no solid evidence of that beyond his sketchy confession.
There are video clips of Hamid’s “Confession” available here.
Local tv aired some of them. When asked about security at the training camp he’s alleged to have attended, the FBI agent prompts: “Kalishnikovs right?” Hamid responds by talking about “sticks,” casting about ’til he remembers the word he’s seeking: “no, cricket bats.” Hamid was interrogated for 11 hours straight; 5 were taped. By the end, he’s exhausted, asking if he can have a bed to lie down on. “You realize, Hamid, you’re going to jail.” (paraphrased quotes from memory)
Words of a juror, who was dismissed at defense’ request, after hearing the bulk of the gov’t’s case:
Meanwhile, one of the jurors immediately regreted her decision, claiming that she had been pressured by the jury foreman, accusing him of making racist remarks during deliberations & of other jury misconduct which has led to a request for a mistrial.
Unfortunately, juror remorse is fairly common & rarely leads to a mistrial. Some of what Lopez charges has been verified, and some of it has been challenged. The judge (who is very conservative) may open an investigation, but is unlikely to overturn a jury verdict.
I’m shocked the gov’t obtained a confession in this case, but probably shouldn’t be. I don’t think they ever expected it to go to trial, but rather were aiming for a plea agreement as has happened elsewhere. Almost forgotten at this point, are the two Imam’s who initially drew the FBI’s attention (Hamid’s father, Umer, at one point wore a wire to no effect) who agreed to not fight their deportations.
I’ve posted before about this trial, but got the idea that few here were interested in reading about it:
Anatomy of an FBI Interrogation: Lodi terror trial
Lodi “terror cell” – Prosecutors fail to delay trial – Jury selection starts Tuesday
A Nation of Snitches?
al Zawahiri sighting doubted-Lodi trial
Lodi Terror Trial Update: (Dismissed Juror sees no case)
I’ve thought about doing all sorts of evil things. Those thoughts always get stopped in the “No, Omir, if you do that you are going to jail” phase, so I don’t do them. But it sounds like they can now throw me in prison for just thinking them.
What about George Bush? Not only is he thinking evil things, he has actually told us he intends to do some of them and a few of them are already on the books. Why is he still walking around loose?
Oh, wait, I forgot, because he is a beneficiary of the Golden Rule.
This is not America. I don’t even know where we are anymore.
Well, The Beatles got it wrong. It’s “…back in the US, back in the US, back in the USSA.” United Soviet States of America, that is. How could they have guessed?