This article originally appeared on the website of the National
Newspaper Publishers Association, the NNPA.
In the language of George Orwell’s double speak, war is peace, truth
is lies.
And 2006 is 1984.
In today’s post-9/11 environment, Big Brother’s prying eyes peer into
your phone records, your Internet conversations and the intimate transactions
of your life. And thought crime, by the reckoning of some legal and
law enforcement experts, is apparently a punishable offense.
While the Justice Department and the U.S. Attorney General’s office
touted last week’s FBI bust of the Miami Seven as a significant victory
in the war on terror, critics of the government’s methods have suggested
the raid was part of a “pre-emptive” criminal justice policy that
presumes guilt before the fact.
These same critics have suggested that the Miami Seven, or the Seas
of David, as they called themselves, were nothing more than a bunch
of loudmouth bozos who went around spouting anti-American rhetoric,
and whose plan to blow up the Sears Tower in Chicago was hatched and
encouraged by an FBI informant posing as an al-Qaida operative.
So now the question becomes, were these men entrapped?
Is dissent a tangible criminal offense?
And if so, where is the hue and cry from the various human and civil
rights groups, like the NAACP and the American Civil Liberties Union?
“There are groups like the Ku Klux Klan and other white supremacist
organizations that recruit over the Internet and talk loudly about
taking certain actions,” said former FBI counter-terrorist special
agent Tyrone Powers.
“Shouldn’t they be charged under the same statutes as the Miami Seven?”
John White, director of communications for the national office of
the National Association for the Advancement of Colored People, said
the organization has contacted its office in Miami to get a feel for
the situation there. But so far, White said, there has been no hue
and cry from anyone regarding the case.
“It’s premature,” said White, “for us to have a take on this.”
The ACLU, saying they weren’t familiar enough yet with the case to
comment, suggested the National Association of Criminal Defense Lawyers
might be able to help.
“I read the (federal) indictment his morning,” said Jack King, an
attorney with the Washington, D.C.-based lawyers’ group. “It was so
thin, it was unbelievable.”
King likens the Miami Seven to the 1968 Panther 21 case in which New
York Black Panther Party members were indicted on charges of plotting
to blow up the New York Botanical Gardens and several department stores.
King called the Panther case a classic example of police infiltration
and frame – up linked to COINTELPRO, the government’s ’60s-era program
designed to disrupt domestic dissent.
“The Panther 21, unlike the Oakland (Calif.) Panthers, were slackers
who were infiltrated by a rookie cop. The cop was the only one plotting
to do anything. Those guys were totally and completely inept.”
King said the Panther 21 were held without bond for 25 months before
being acquitted by a New York jury after 45 minutes of deliberations.
“These guys in Miami, all they did was talk,” said King. “They marched
around the neighborhood in fatigues. They were eccentric and different
and somebody called the cops and dropped a dime on them.
“But one look at the indictment and you know,” King said. “It looks
like these guys were never going to do anything.”
The Seas of David has been portrayed as a cult that professed to a
convoluted doctrine of Christianity loosely sprinkled with a seasoning
of pseudo-Islamic dogma.
The gang made no secret about their discontent with some U.S. policies.
That made them conspicuous in the dangerous Miami ghetto of Liberty
City, where weary neighbors are constantly on the alert.
It was that conspicuousness which brought them the unwanted attention
of the authorities.
In a federal indictment, the Miami Seven were charged with conspiring
with al-Qaida to “levy war against the United States, and to oppose
by force the authority thereof” by committing acts of violence, including
blowing up the Sears Tower and destroying the FBI building in Miami.
U.S. Attorney R. Alexander Acosta of the Southern District of Florida
said, “… the group had the intent and took several steps toward fulfilling
their plan of blowing up the Sears Tower and the Miami FBI building.
They were never able to obtain, however, the explosives or access
needed to implement their plan.”
However, an article appearing in Time Magazine article suggests the
group’s ringleader never asked the informant/faux al-Qaida operative
for explosives.
Instead, Time said, the group requested “… $50,000, radios, uniforms
and steel-toed boots. Was the plan to blow up the Sears Tower or kick
it down?”
By their own accounts, law enforcement officials have characterized
the Miami Seven as the proverbial “gang that couldn’t shoot straight,”
an inept bunch who were not positioned financially, logistically or
tactically to pull off anything resembling a real act of terror.
FBI deputy director John Pistole called the group “more aspirational
than operational.”
Powers said the Miami Seven conspirators were not in any sense an
al-Qaida sleeper cell.
“This is a publicity case, “ said Powers. “Essentially, they have
a group of guys having a conversation. But once you take one step
toward bringing an act to fruition, you can be charged.
“The problem with the case is, (the group) never had any contact with
an al-Qaida official,” Powers said.
“The big catch is not seven guys in Florida, it is seven guys in Florida
having a conversation with an al-Qaida official. An informant doesn’t
count. At best, you have criminal conspiracy and the FBI knows it.
“These guys’ mission, “ he continued, “was rhetorical.”
Powers said that under the present “pre-emptive” philosophy of criminal
justice, there are a lot of groups and organizations that could be
charged criminally.
Powers added that any group contemplating civil disobedience could
now be placed in the FBI’s files.
An official at the FBI office in Miami said he had no further comment
on the matter beyond the indictment handed down by the U.S. Attorney
General’s office.
However, the U.S. Department of Justice was not reticent to talk about
it at all.
“We’re not in the position to rate the seriousness of the threat,”
said Justice Department spokesman Brian Sierra. “Our job is to address
criminal conduct.
“The defendants conspired to provide their services and material support
to al-Qaida. If there are persons conspiring to co-operate with al-Qaida,
that is a crime,” Sierra said. “If the facts bear out there was a
crime, it doesn’t matter if their fingers were on the trigger. In
fact, if that’s the case, it’s often too late.”
Greg Miller, a former federal prosecutor, said he believed there were
questionable issues attendant to the raid and subsequent arrests.
“Some things struck me as odd,” Miller said. “(Seas of David) didn’t
appear to have taken significant steps to further the alleged plot.
“There are many people who are around friends who grumble and say
a lot of things about their disenchantment with government policies.
We have to be concerned with the investigative policies of the government
that when people are blowing off steam, it is turned into a crime.”
Miller said the Miami Seven defense will likely allege entrapment,
but it will be difficult to prove.
“The government,” said Miller, “will try to show predisposition to
commit a crime. But in our efforts to ferret out terrorists, we have
to be careful not to overreact and abridge the people’s Constitutional
rights. Those rights cannot be stepped on in order to fight terrorism.
“If this case boils down to a bunch of people sitting around complaining,”
Miller continued, “then the system has a problem.”