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Newburgh Four: Poor, Black, and Jailed Under FBI 'Entrapment' Tactics
In June, four men were jailed for 25 years over a US terror plot. The FBI painted them as dedicated fanatics, but were they lured by the promise of cash from a fake informant?
Imam Salahuddin Muhammad could hardly miss Shahed Hussain when he first appeared three years ago at his mosque in the dilapidated town of Newburgh, just 60 miles up the Hudson River from New York.
Newburgh Four member James Cromitie is led away by police. At trial, the judge said Cromitie was a man 'whose buffoonery is positively Shakespearean in its scope'. (Photograph: Robert Mecea/AP) Hussain was flash, drove expensive cars and treated people to gifts of cash and food. He also had radical opinions that stood out in a mosque that welcomed Shia and Sunni followers and had good relations with local Jewish and Christian communities.
"This guy said women should not be heard, not be seen. I thought that was strange," Muhammad told the Guardian as he sat in his office inside Newburgh's mosque." Muhammad, who is a black American convert, had no idea how strange things would get.
Hussain would make Newburgh's Muslim community famous when earlier this year four other black Newburgh Muslims were jailed for 25 years for a 2009 plot to fire a Stinger missile at US military planes. They also planted car bombs, packed with lethal ball bearings, outside Jewish targets in the wealthy New York suburb of Riverdale.
Prosecutors painted them as America-hating terrorists bent on slaughter. All four followed the instructions of Hussain, who meticulously organized the scheme: from getting the missile and bombs, to reconnaissance missions, to teaching the tenets of radical Islam.
The "Newburgh Four" now languish in jail. Hussain does not. For Hussain was a fake. In fact, Hussain worked for the FBI as an informant trawling mosques in hope of picking up radicals.
Yet far from being active militants, the four men he attracted were impoverished individuals struggling with Newburgh's grim epidemic of crack, drug crime and poverty. One had mental issues so severe his apartment contained bottles of his own urine. He also believed Florida was a foreign country.
Hussain offered the men huge financial inducements to carry out the plot – including $250,000 to one man – and free holidays and expensive cars.
As defence lawyers poured through the evidence, the Newburgh Four came to represent the most extreme form of a controversial FBI policy to use invented terrorist plots to lure targets. "There has been no case as egregious as this. It is unique in the incentive the government provided. A quarter million dollars?" said Professor Karen Greenberg, a terrorism expert at Fordham University.
Lawyers for the Newburgh Four have appealed. Their case will now be heard early next year. It is sure to prompt a re-examination of the way Hussain and the FBI invented a terrorist plot involving impoverished black Muslims in an economically deprived city.
The case will question the new ethos of the FBI, which, since the terror attacks of 9/11, has focused on pre-emptive prosecution. It also raises serious questions as to how the FBI has treated Muslim communities in America, who it says are a key ally in fighting terrorism, and yet are subjected to such tactics.
If the appeal fails, some believe the Newburgh Four case could end up at the Supreme Court. That won't be much comfort to Newburgh's Muslim community. "It felt terrible being targeted," said Muhammad. On his office walls hung several awards praising his work on inter-faith projects and promotion of peace. "We worked so hard to establish this place. Then our beautiful mosque is in newspapers all over the world," he said.
There is little doubt Newburgh has serious social problems. The wide expanse of Broadway sweeps to the Hudson as grandly as it did in the city's 19th-century heyday, but many shops are boarded up. Side streets are full of houses falling apart, boarded up, or burnt out. Even at 9am drug dealers openly ply their trade.
It is this poverty-drenched environment in which Hussain met James Cromitie, a loudmouth Walmart worker who claimed to deal drugs and stolen goods. Exactly why Hussain picked Newburgh is not clear. He had already acted as an informant in another controversial "entrapment" case in Albany, New York, where a local pizza owner and an imam were convicted for terrorist money laundering.
Now Hussain's brief was to fish for new suspects. He claimed to find one in Cromitie, who was prone to anti-Semitic rants. Hussain coaxed Cromitie along, eventually developing the plot to attack Riverdale and a US airbase on behalf of a Pakistani terrorist group. It was Cromitie who then recruited the other three men – David Williams, Onta Williams and Laguerre Payen – to fulfill Hussain's desire for lookouts.
From then, the FBI prosecution seemed straightforward. After all, even though the plot was fake, the men seemed to think they were carrying out an Islamic terror attack. Prosecutors believed they were a real threat. But it is not that simple.
None of the four men fit the usual profile of a terrorist-in-waiting, let alone an active militant. But they did fit the profile of desperate men who would do anything for money – and Hussain promised massive earthly awards.
For Cromitie, he proffered $250,000: a staggering sum. Hussain also offered to buy him a new BMW, a holiday in Puerto Rico, and a barber shop to set him up in his own business. The other three were also offered thousands of dollars in what must have seemed a miraculous windfall.
Both Williams men had done time in jail and were struggling. Onta Williams, the son of a crack addict mother, had started dealing drugs at 14. Meanwhile Payen, of Haitian origin, was possibly schizophrenic. He urinated in bottles in his bedroom and, when told of a trip to Florida as reward, said he could not go because he had no passport.
In meetings discussing the plot, Payen said little; he just devoured the copious free food Hussain bought. It is not a portrait of radical Islamists. It is a sad picture of life in an urban ghetto.
Blustering fantasist
Yet the FBI treated the gang, especially Cromitie, as dedicated fanatics. Cromitie certainly disliked Jews. "All the evil in this world is due to the Jews," Cromitie told Hussain. But Cromitie also told Hussain he believed President Bush was the anti-Christ and he wanted to kill him "700 times".
Cromitie falsely claimed to have visited Afghanistan. He said he stole guns from his job at Walmart, yet the shop did not sell firearms. He said he had been jailed for murder and thrown bombs at police stations: all lies.
Cromitie seemed less a terrorist and more a blustering fantasist. Indeed, away from the company of Hussain, there is little sign Cromitie did anything for the plot. When Hussain gave him a camera and told Cromitie to reconnoitre targets, he promptly sold it.
He knew little about Islam; it was Hussain who tried to educate him about jihad. Hussain complained bitterly his pupil was doing nothing. "You've not started the first step, brother. Come on," Hussain griped on tape.
In fact, Cromitie tried to ditch Hussain. For weeks on end Cromitie pretended to leave Newburgh to avoid him. Cromitie ignored Hussain's phone calls, deleted voice mails and pretended not to be in when Hussain came around his house. He stopped going to the mosque.
Only when Cromitie lost his job, and became desperate for money, did he contact Hussain again. "I told you, I can make you $250,000, but you don't want it, brother," Hussain told him.
Now Cromitie agreed and set about finding lookouts. "Ok, fuck it. I don't care. Ah, man. Maqsood, you got me," he said, using Hussain's fake name.
Even further into the plot – when Cromitie again told Hussain he did not think he could do it – Hussain said his overseas terrorist "brothers" might cut his head off. Cromitie came back on side.
The sheer scale and proactive nature of Hussain's actions has shocked legal experts, Muslim groups and civil rights organisations. They say it went far beyond a fair use of resources in neutralising a real threat. Not only was the entire plot fake, but it seemed only Hussain's Islamic coaching, talk of cash rewards and constant attention was keeping it alive.
But then Hussain was no normal informant. The entire FBI entrapment strategy in post-9/11 America has drawn fire for using informants with criminal records, shady pasts, financial incentives or a record of deception. Hussain had all four.
"He is a brilliant con man. He could con people about anything," said Steve Downs, a lawyer with Project Salam, which campaigns on entrapment cases.
At trial, Hussain's shocking past emerged. He claimed to have been arrested on murder charges in Pakistan. He admitted entering the US on a fake British passport. He had fraud convictions for a driving license scam. Indeed, he became an FBI informant in exchange for help with those charges.
He claimed to be poor, yet received mysterious sums of money from Pakistan. In 2009 and 2010 he got at least $250,000 that way. He explained having two luxury cars with a bizarre story that Pakistani leader Benazir Bhutto gave them to his family on a trip to New York.
He also claimed he never offered Cromitie a quarter of a million dollars, saying the phrase "$250,000" was a secret code name for the plot. Then he confessed he had not told either his FBI handlers or Cromitie of the code's existence; only he knew about it.
During the entire investigation, he earned $100,000 from the FBI in wages and expenses. In a tough economy, that is well-paid work for a convicted fraudster.
Yet Hussain was the sole personal witness for the FBI. His reports of what Cromitie had talked about were taken as truth, even though Hussain did not record the first four months of their meetings. And, once he began recording, the FBI unusually allowed him to switch the tape on and off. "They gave him a real long leash. He could do whatever he wanted," said Downs.
Therefore, there are large, unexplained gaps in the tapes, including the final minutes of the plot itself as the bombs were put in position. Hussain claimed - as he often did – that equipment malfunctioned at the vital moment.
Shakespearean buffoonery
Even Judge Colleen McMahon – who put the Newburgh Four behind bars – slammed the FBI. "Only the government could have made a terrorist out of Mr Cromitie, a man whose buffoonery is positively Shakespearean in its scope," she said in court. She added: "I believe beyond a shadow of a doubt that there would have been no crime here except the government instigated it, planned it and brought it to fruition."
Those comments did not appease Alicia McWilliams, David Williams's aunt. "This was a movie script, written by the FBI," she fumed.
But it is hard to drum up support. Newburgh showed that for a jury the mention of the word "terrorism" can override legal concerns. It also makes campaigning for the Newburgh Four – and other Muslims caught in entrapment schemes – difficult. "Fear does that to people. When you say "terrorism", that is a powerful word. Even half of my family don't want anything to do with this," McWilliams said.
But what were the Newburgh Four thinking? In letters sent from jail, David Williams claimed they were intent on eventually robbing Hussain. Williams had a brother in need of a liver transplant and he said he wanted cash for that. It is a story McWilliams believes.
Muhammad also thinks it might be possible. "Maybe they thought they were playing Hussain for money. But they were the ones being played," the imam said. Others are not so sure.
Greenburg believes the men likely knew what they were doing, but were interested in cash, not religion. "From the evidence, they believed in the plot. But they didn't believe in jihad," she said. For prosecutors, that was enough to justify the whole scheme. "Ordinary people … would have known better. For Pete's sake, they would have called the cops when they heard there was a terrorist in town. These four men? They didn't give it a second thought," said prosecutor David Raskin in court.
However, that concept disturbs civil rights experts and legal figures, who dislike that FBI informants can offer money to people in return for committing crimes and then prosecute them. "I'm sure you could find hundreds of people, unfortunately, who would agree to commit very bad crimes for money," defence lawyer Mark Gombiner said.
Some say the FBI has now softened its tactics in the wake of the fallout from Newburgh. Last month, a sting by New York police netted suspected terrorist Jose Pimentel allegedly building a bomb with the help of an NYPD informant. Yet the FBI declined to get involved. It did not consider the man a legitimate threat. "The Newburgh case has had an impact. I know that," said Greenberg.
But for now the Newburgh Four remain in jail. Their families desperately hope they will be successful in next year's appeal. And Hussain? With two successful cases behind him, he is an experienced FBI asset. He has now disappeared from those who knew him in Albany and Newburgh. "Maybe he got a new assignment from the FBI," said Downs.



47 Comments so far
Show All"...do you see the way being cleared for arresting those who oppose U.S. foreign and domestic policies of aggression, etc?" HELLS YEAH. You would have to be blind not to see that possibility. Legal protections have been systematically and planfully dismantled over the years. Now hit orders can be put out for anyone without any explanation or oversight, and / or we can be thrown into jail forever without any due process, trial, lawyer etc. We citizens are now eligible to experience the way, say Latin American activists and others, have been treated by the CIA for years.
Between unemployment, global warming, ruinous and immoral war, etc. etc. however, we cannot stop telling the truth and think that our silence will protect us. Something gets everyone in the end, so would rather go down doing the right thing and joining with others than to sit by and watch "As the World Burns" on my TV.
And all the while we are told, indoctrinated, 'Do Not Fight Back. Submit. Obey."
To those of you who think that playing by the rules, trying to work within an utterly corrupt system, going-along-to-get-along, I say you have been DOMESTICATED.
You have surrendered your humanity. You are now PRODUCT, property of the Masters, the Elite who proclaim their status with their boot on your throat. You wouldn't fight back, or even think of defying them, even though your life and that of your families is at stake.
You seem to be locked into the uni-directional violence-from-the-top-down-only-is-acceptable paradigm, unwilling to even consider self-defense.
"Rebecca Solnit related all the reasons why violence would not work."
But violence DOES work. That's why the Elite use it so frequently and so freely. They KNOW it works. They have also inculturated and indoctrinated the descending levels of social hierarchy with the mistaken belief that you not only should not resist, but that to do so is immoral.
Ms. Solnit also dragged out the old canard that "The Master's tools can never be used to bring down the Master's house."
Only partially correct. The 'Master' will never willingly use the his own tools to bring down what he has built. But that's not to say you can't get your own tools to do the job. A hammer doesn't care who uses it, or how. It can be used to build, it can be used to demolish. Intent is the key.
I would hazard a guess that many people who use that saying have never built or demolished a house, including Ms. Solnit. I have done both. It's hard, dirty back-breaking labor. But it has to be done.
Many people, too many is my opinion, have the demonstrably false idea that you can and must work from within the system if you want to see change. But haven't the events of the past ten years demonstrated that no matter how many marches, protests, vigils, letter campaigns, on and on ad nauseum PROVEN that the Elite and their political puppets DON'T CARE? How can you change a system that corrupts you, that co-opts you into compromising your morals and ideals? Just look at the professional Corporate PR flacks who now run Greenpeace and related environmental organizations, working hand in glove with the very Corporations that are destroying the environment, the same Corporations that control the Government via political funding.
This article about the FBI PROVES that the PTB are so desperate for an identifiable enemy to blame they are willing to manufacture them. Therefore, the system, which you want to work with, will either corrupt you, or cast you in the role of villain. It is beyond redemption. QED.
Change IS organic. It is also natural, and very frequently painful, and bloody. Like any mammalian birth. Even hatching from an egg requires that the offspring use force, violence, to break the shell. Otherwise, it dies.
I don't expect a Utopia. And I think you know any 'Utopia' would be just as tyrannical as what we are living in now.
"As for processes that take place organically, how about you and I come halfway each, and agree that there will probably be some violence; but that it makes sense not to egg on more than is necessary."
Very much in agreement on this point. That being said, I will defend my friends and family, and do what I must in order to achieve that.
In this case the threat of retaliation was even overt.
Case Dismissed!
Judge Jim
Sure! You are a poor black man in a dangerous rough neighborhood, who probably gets harassed and intimidated by cops for any reason or no reason at all - and where snitches have a very short life span. Sure, you would call the cops on this Hussain guy.
I'm curious what would have happened if the four guys simply shot him. They would have faced life without parole with "Hussain" transformed into a loving father and heroic anti-terrorism fighter.
The sad case of the Cuban Five comes to mind. They were sent to prison, some for life for informing the FBI about an ongoing Miami-Cuban-terrorism plot.
“The most brilliant propagandist technique will yield no success unless one fundamental principle is borne in mind constantly - it must confine itself to a few points and repeat them over and over”
And:
“Think of the press as a great keyboard on which the government can play.”
Joseph Goebbels, MiniProp for Hitler’s Third Reich
1897-1945
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Naturally the common people don't want war: Neither in Russia, nor in England, nor for that matter in Germany. That is understood. But, after all, it is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked, and denounce the peacemakers for lack of patriotism and exposing the country to danger. It works the same for any country."
Herman Goering to Gustave Gilbert at Nuremberg, 18 April, 1946
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The above is part of the primer of domestic terrorism and control. It has merely been "improved" by new techniques and hardware. The step-by-step enslavement of We the People is proceeding apace. We have been slowly conditioned to accept fascism and cruelty as normal. Little by little the ante has been raised and the people have gone along with it.
It sounds like at least a few are becoming aware, but the fascists have been preparing for that also. Hence the NorthCom training of combat brigades in "suppressing civil dissent," the ongoing development of more suppression devices such as the sound cannon, the pain ray, various new gasses, etc., and the concentration camps built with a no-bid contract by KBR. KBR is now putting out an RFP for contractors to man, feed, water, etc., the camps.
As We the People become more aware, turn off the Big Game and Dancing with the Stars, and take to the streets to assert our rights, the 1% will order its minions to suppress or imprison us.
IF the 99%ers in the military and the domestic police decide to turn on their masters, or at least refuse to fire on their own people, we may be successful. If not, there is a world of misery before us until the 1% finally turns on itself for absolute control and the system collapses from its own dry rot.
Remember, bombs and guns and camps can kill people, but they cannot erase ideas. This has been proved time and time again. As long as we keep the idea of peace and freedom in our minds and hearts, eventually we will succeed, but the cost will be high.
I wouldn't hold my breath waiting for that to happen. Police (and military) work attracts the same type of thugs the world over. Remember the goon at UC Davis? The one who casually pepper sprayed people while they were sitting quietly? He's your typical cop. Many of them look at civil unrest as an opportunity.
The legal precedent and confidential informant tactics on display in this tale of a targeted antiterrorism sting operation grew directly out of the war on drugs. Federal conspiracy law and federal law regarding entrapment evolved over the years to bring us where we are: cops posing as terrorists, or cops handling civilian snitchs posing as terrorists, paying to recruit criminals and dupes to act like terrorists in order that the long arm of the law can swoop in preemptively at the last moment to save the day, often with great fanfare. Feeling safer yet?
The law of entrapment has been stretched and distorted almost beyond recognition in the federal courts and most state criminal justice systems over the last thirty years. No longer is it unusual for one team of cops (posing as big time drug sellers) to induce some financially strapped or greedy sucker to be the middle man go-between to set up a controlled substance transaction with a second team of cops (posing as big time drug buyers).
Surprize! Shame on the guy in the middle for getting stung when the buy/bust climax comes down. If he or she was pre-disposed to commit the crime according to the prosecution team's theory, then justice has been done and the cycle repeats.
It is not impossible to find law enforcement officials who will look you straight in the eye and say such tactics do, in theory, deter crime. Maybe universal paranoia will scare them all straight.
Bill from Saginaw
If nothing else, they stoke self-inflating and self-justifying budgetary allotments for the entire law-enforcement "fusion" pyramid-- police, "justice", the Homeland Security apparatus, and the teeming Amerikan gulag at the end of the line. And, concomitantly, they're the trusty ropes and rungs on the career ladders in the vast and expanding interlaced institutions staging and running the show.
Just to cite an old example: the PRI radio program "This American Life" did a story years ago about some foolish aging charlatan who was beguiled into posing as a "weapons dealer" by a government informant dangling the prospect of making big bucks selling "missile launchers" to some nebulous outlaw customer-- ostensibly a terrorist organization.
Although the mark was no angel, he was so far from being an actual "weapons dealer" that the informant had to obtain a dummy missile launcher from his government handlers as a prop for the poor sucker to bring to a meeting with the alleged "buyers".
Without digging for the link and re-listening to the story, IIRC it featured a retired FBI agent who expressed surprise that the agencies would even use this particular snitch-- a "Curveball"-type with whom the retired agent had personally worked in the past, and who proved to be so treacherous and unreliable that he was dropped from the snitch rolls.
Naturally, after toting the informant-supplied non-smoking gun to the meeting, the target was promptly busted, prosecuted, and convicted.
He never knew what hit him; the only thing he was arguably "guilty" of was being a sucker willing to risk leaning outside the law to make a fat profit-- exactly the sort of bold risk-taking that earns Amerika's esteemed banksters and financiers lucrative bonuses and accolades instead of long prison sentences.
The conviction was sold as a big feather in the cap of the ambitious prosecuting US Attorney, who vehemently insisted that the caper was unquestionably a genuine and substantial victory by Amerikan justice over the nefarious, evil forces of terrorism.
Incidentally, the self-righteously gloating US Attorney was none other than Chris Christie, who's since risen to the office of governor of New Jersey and is bruited about as potential Presidential material.
So, although The Guardian and other mass-media outlets are to be commended for exposing this horrorshow, it's no wonder that bogus and thoroughly scurrilous trumped-up "investigations" and prosecutions are, and show every sign of remaining, a staple in the Amerikan Imperium's institutions of law-enforcement and-- you should pardon the expression-- justice.
Anyway, they had been doing peaceful protesting when a guy joined their group. After a while, he told them they were not effective, that they needed to do something to catch the attention of the media and the people to bring their message forward. They continued to demonstrate and distribute literature.
Then, he again made his pitch and said they should blow up a bank or something to get attention. They said no, they were dedicated to non-violence.
Then he told them he could get hold of explosives and would teach them how to make bombs. They said "No!"
Eventually, he showed up at a meeting with all the paraphernalia and said he would show them how to assemble it. They said "No!!" Finally, he said he would place one and set it off to show them how easy it was to do and how effective it would be. They again refused, but he said he would do it anyway. Apparently, a few went near the scene, just to see what he was doing. Suddenly, the cops came in and rounded up the whole group as terrorists and threw them in the slammer.
When it came up to trial, the "bomber" was the chief witness against them. When it came out that he was an FBI agent, the judge said it was entrapment and threw the case out of court.
I don't suppose there are many on the bench today who would have the moral courage to do the same thing. Nowadays, the 'bomber" would probably give his "evidence" in the judge's chambers so his cover wouldn't be blown.
Can you say agent provocateur?
I knew you could.
Yes, it does take some moral courage for a judge in a black robe (even one with lifetime job security tenure, as in the federal judiciary) to dismiss a criminal indictment on grounds the police/prosecutor team used tactics that the judge finds reprehensible.
Remember, the case you mention arose from the Vietnam War era. The real problem is that in the last thirty to forty years, federal and many state courts' caselaw has restricted the ability of judges regardless of their moral courage level to use the Draconian sanction of dismissal, even when the government misconduct is demonstrably egregious.
Bill from Saginaw
My main purpose for the seemingly out of context comment was to see if any others have noticed this phenomena. You gave as good a answer as I would expect. I just hope CD remains open to comments and others where the people can vent their frustrations, which will possibly against the law in a short time.
Horseshit. How about the Texan used car salesman who was plotting with another low life FBI informant to assassinate the Saudi ambassador to the US. The FBI, along with the CIA, the DHS, large city police depts, and special, death dealing units of the imperial US military, is just another whoring, US terror enforcement unit.
- I'll have nothing to do with them.
I refer again to the Oct 18 essay by Mike Pirsch entitled "America is a Fascist State Because it is Racist" [www.blackagendareport.com/content/america-fascist-state-because-it-racist] & Also note this article by Li Onesto 'Stories from Harlem' [www.globalresearch.ca/index.php?context=va&aid=28210]