Fake War on Terror: After Convictions, the Undoing of a U.S. Terror Prosecution

Publicly, federal prosecutors declared in the summer of 2002 that they had thwarted a "sleeper operational combat cell" based in a dilapidated apartment here. Privately, senior Justice Department officials had doubts about the strength of the case even as they were moving to indict four Middle Eastern immigrants on terrorism charges. The evidence was "somewhat weak," an internal Justice Department memorandum obtained by The New York Times acknowledged. It relied on a single informant with "some baggage," and there was no clear link to terrorist groups. But charging the men with terrorism, the memorandum said, might pressure them to give up information. After winning highly publicized convictions of two suspects on terrorism charges in June 2003, the Justice Department took the extraordinary step five weeks ago of repudiating its own case and successfully moving to throw out the terrorism charges. In a long court filing, the government discredited its own witnesses and found fault with virtually every part of its prosecution. [more ]