Fort Dix 6, Guantanamo, Islamofascists, Lawfare

Fort Dix 6 legal spin begins in media: echoes of Gitmo

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As Debra Burlingame has pointed out, hundreds of American lawyers and their high-powered PR machines (such as this one) have created “image makeovers for suspected al Qaeda financiers, foot soldiers, weapons trainers and bomb makers.” Not to be outdone, the lawyers for the Fort Dix 6 are already putting the mainstream media to work. Constitutional lawyer and syndicated talk-radio host Mark Levin pointed this heavily slanted Associated Press article out last night on his show:

He railed against the United States, helped scout out military installations for attack, offered to introduce his comrades to an arms dealer, and gave them a list of weapons he could procure, including machine guns and rocket-propelled grenades. These were not the actions of a terrorist, but of a paid FBI informant who helped bring down an alleged plot by six Muslim men to massacre U.S. soldiers at New Jersey’s Fort Dix. And those actions have raised questions of whether the government crossed the line and pushed the six men down a path they would not have otherwise followed.

It is an argument — entrapment — that has been made in other terrorism cases, and one that has failed miserably in this post-Sept. 11 era. One defense attorney on the case, Troy Archie, said no decision has been made on whether to argue entrapment, but based on the FBI’s own account, “the guys sort of led them on.” Rocco Cipparone, a lawyer for another one of the defendants, said he will take a hard look at “the role of paid informants and how aggressive they were in potentially prodding or moving things along.”

The Fort Dix Six were arrested earlier this week after a 15-month FBI investigation that relied heavily on two paid informants who secretly recorded meetings and telephone conversations in which the suspects talked of killing “in the name of Allah.”

The AP waited until well down in the article before they provided a little balance:

U.S. Attorney Christopher Christie defended the government’s handling of the case. He and the FBI portrayed the defendants as Muslim fanatics who were nearly ready to strike. They were arrested Monday night during what the FBI said was an attempt to buy AK-47 machine guns, M-16s and other weapons.

Former FBI agent Kevin Barrows said prosecutors appeared to have done things right. “They corroborated with surveillance, and they had a gun buy set up,” Barrows said. “That further solidified the case, as opposed to it just being a tape of somebody saying, `Yeah, I want to buy guns.’ They worked this for a long time and the evidence seems really, really solid.”

You can hear the 7 minute audio of Mark Levin’s commentary here.

A little later, I called in and spoke with my friend Mark. Like those defending the ghouls at Gitmo, the lawyers for the Fort Dix 6 are making a case in the press — without evidence — and their sound bites will not stand up in a court of law.

American jihad, CAIR, Fort Dix 6, John Doe protection, War on Terror

Lawmaker: Fort Dix hero may need immunity

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This just in via the Washington Times: Members of Congress, the US Attorney that will prosecute the Fort Dix 6, and a leading Muslim-American praised New Jersey’s ‘John Doe’ today and say he is another example of why a measure to protect those who report suspicious activity from civil liability is needed. Yet leading “tough on terror” Democrats in Congress are stalling. I wonder why? Could it be they cair more about protecting the business interests of trial lawyers than the American public and our troops training at places like Ft Dix, NJ? Speaking of CAIR, they did the usual two-step:

“The events in Fort Dix are just another reminder of the need for this legislation,” said Rep. Steve Pearce, New Mexico Republican and author of legislation to protect “John Doe” passengers being sued by a group of Muslim imams for reporting their suspicious behavior. “We owe a debt of gratitude to this individual for alerting authorities to this potential terrorist attack and thwarting what could have been a terrible disaster. I can only imagine how grateful the men and women at Fort Dix and their families are for the courage of this person to take action when he saw something suspicious,” Mr. Pearce said.
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“If we didn’t get that tip,” said U.S. Attorney Christopher Christie in New Jersey, “I couldn’t be sure what would happen.”

M. Zuhdi Jasser, director of the American Islamic Forum for Democracy, agrees that the FBI’s arrests show the need to protect the principle of “see something, say something.” “What if this ‘John Doe’ had contrarily chosen to be silent due to a fear of litigation?” Dr. Jasser said.

Republican Minority Leader John Boehner of Ohio and Homeland Security Committee Ranking Member Rep. Peter King of New York used a procedural tactic to add the Pearce language to a rail and transportation security bill in March. The amendment passed unanimously by Republicans and had bipartisan support from 105 Democrats. “A courageous act such as this one should not only be commended, it should be touted as a positive example of what citizens can do help prevent acts of terrorism here at home,” Mr. Boehner said. “It’s critical that Democrats leave the Pearce language intact during conference negotiations so this kind of citizen participation is fostered and protected, not discouraged and litigated,” Mr. Boehner said.

Drew Hammill, spokesman for Speaker Nancy Pelosi, California Democrat, said “this is an issue for the conferees.” [Ed. — In other words, they are hoping to kill the bill in conference]

Jeffrey Addicott, director of the Terror Law Center at St. Mary’s law school, says there are no protections in place for those who report crimes, and that they can be sued for violating constitutional rights or for racial discrimination. “If the report does not have factual claims, you can be sued for violating someone’s civil rights,” Mr. Addicott said. [Ed. — The ‘John Doe’ legislation only protects those who act in good faith. It would not protect those who intentionally or maliciously file false reports]

The Council on American-Islamic Relations (CAIR) praised the FBI for the arrests and said that it “seems clear that a potentially deadly attack has been averted.” “We continue to urge American Muslims to be vigilant in reporting any suspected criminal activities that could harm the safety and security of our nation.” But CAIR also said the press and public officials should “refrain from linking this case to the faith of Islam” and asked mosques and other Muslim institutions “to report any incidents of anti-Muslim backlash.” [Ed. — Translation: CAIR has lots of money and their lawyers need the work.]