Tag Archives: Lisa Hay

Bomb-plot defense questions FBI report's accuracy

An attorney for an Oregon terrorism suspect on Wednesday tried to draw into question the accuracy and selectiveness of the written records made by an FBI agent who headed up the undercover investigation into her client.

The records are crucial to establishing the initial face-to-face contact between the suspect, Mohamed Mohamud, and an undercover agent posing as a jihadi.

That meeting would help establish Mohamud’s mindset before an FBI sting operation targeting him swung into high gear and culminated with his arrest. Mohamud is accused of attempting to detonate a bomb at a Portland Christmas tree-lighting ceremony in November 2010.

His attorneys are trying to show he was not predisposed to terrorism before he met two men — actually undercover agents — who promised him the chance to work for al-Qaida and carry out an act of terrorism in the U.S.

The FBI has said the undercover agent attempted to tape-record the original face-to-face meeting with Mohamud on July 30, 2010, but the battery in his recording device failed.

After the meeting, the undercover agent’s FBI handler, Elvis Chan, took notes and wrote a summary about it. The FBI learned on Aug. 2, 2010, that the recorder did not function, but Chan said he wasn’t told about it.

He destroyed his notes on Aug. 3, 2010, leaving only his written summary.

During Mohamud‘s terrorism trial on Wednesday, defense attorney Lisa Hay questioned why Chan chose not to record the agent telling Mohamud that he was in competition with five other men to help carry out a purported al-Qaida plot, a fact that Hay asserted in previous questioning could coerce a naive 18-year-old into getting involved with the plot.

Hay said Chan neglected to include facts from other calls and meetings that would be helpful to Mohamud’s defense, including Mohamud expressing a desire to go overseas instead of carrying out the plot, and another occasion when he wanted to “back out.”

Chan did note the small talk between Mohamud and the undercover agent, including details on where Mohamud went to school and what he was studying.

“I summarized what I believed to be the highlights of the meeting,” Chan said.

“And the highlights for you were the small talk,” Hay replied.

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Source: FULL ARTICLE at Fox US News

Defense: Would terror suspect act without FBI?

A veteran federal public defender grilled an undercover FBI agent on his motives when he posed as a member of al-Qaida and presented an Oregon teenager with options to serve as a good Muslim.

None of those options included walking away from an alleged car-bomb plot, which culminated in the arrest of terrorism suspect Mohamed Mohamud in November 2010, the defense argues. The bomb was a fake provided by the undercover agents posing as members of al-Qaida.

At Mohamud’s terrorism trial in U.S. District Court on Friday, attorney Lisa Hay found at least two examples of the agent, testifying under the pseudonym “Youssef,” giving Mohamud a list of choices. None included backing off the plot entirely, and Mohamud’s defense argues he was entrapped by the FBI.

The agent denies attempting to influence Mohamud.

In one meeting held after Mohamud allegedly picked the time and place of the purported bomb plot, the agent tried to dissuade him from choosing martyrdom, telling him he could kill himself or, preferably, get on a boat after the detonation and leave the country.

“You didn’t give him the option to go home,” Hay said. “You didn’t give him three options, did you?”

The agent responded, “We gave him outs.”

Hays pressed him. “Actually, you were trying to influence him to pick which option you wanted.”

In recordings previously aired, the agent repeatedly said that Mohamud should do “what’s in (his) heart,” a statement that Hay said could be taken several ways, depending on the tone of voice.

Remember, Hay said, Mohamud considered “Youssef” and his purported al-Qaida co-conspirator “Hussein” to be hardened terrorists who were interviewing Mohamud, then 19, about his ability to serve the cause of violent jihad against the West.

The agent said he was merely giving Mohamud “suggestions,” and wasn’t trying to say that Mohamud couldn’t leave.

The prosecution is trying to show that Mohamud was a threat to commit an act of terrorism without their intervention, and the sting operation only showed what he was capable of doing.

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Reach reporter Nigel Duara on Facebook at http://bit.ly/RSmBei

Source: FULL ARTICLE at Fox US News

Ore. terrorism suspect portrayed as inexperienced

A defense attorney for an Oregon terrorism suspect used her cross-examination of an FBI agent on Wednesday to raise the idea that Mohamed Mohamud was a naive, inexperienced teenager manipulated into taking part in a phony plot to detonate a bomb.

The agent, who had posed as an al-Qaida terrorist, was cross-examined by defense attorney Lisa Hay during the third day of testimony in Mohamud’s trial. He acknowledged that Mohamud had trouble with relatively simple tasks, such as renting a storage shed and buying items to be used in the making of the bomb.

The device was to be set off at a Portland Christmas tree-lighting ceremony in 2010. But it was a fake, supplied by the undercover FBI agents.

The agent, who used the pseudonym Youssef, also testified that he suggested topics for Mohamud’s so-called “goodbye video.” The video, shot at the behest of the agents, was to be shown after Mohamud committed the crime and fled the country.

The 21-year-old Mohamud is charged with attempting to ignite a weapon of mass destruction, which could put him in prison for life.

Hay said during her questioning that Mohamud “didn’t have much money until you came into his life,” and that the older undercover agents provided financial and emotional support — and food — at a time when Mohamud’s parents were separated and a close friend had gone to Afghanistan.

Youssef testified that Mohamud shed tears during their initial meeting, something the agent attributed to the teen’s loneliness because of his friend’s departure.

When the agent met Mohamud, the young man was living with his mother. Hay played wiretapped recordings in which the agent, in the attorney’s view, spoke to him like a child.

“No offense, but to us you’re a kid,” the agent said on one recording.

The agents eventually wanted Mohamud to get his own apartment because it would make the sting operation easier to facilitate. They gave him almost $3,000 to rent a place and buy bomb-making materials.

Mohamud wrote in a September 2010 email that he had never rented an apartment before and asked if they or a “brother” might co-sign.

“Kind of a clueless idea to think al-Qaida would co-sign,” Hay said. “Don’t you agree?”

The attorney also played recordings in which the agents asked Mohamud to rent a large storage shed in which to build the bomb.

Youssef testified the FBI assigned such tasks to test the Mohamud’s resolve. In this test, however, Mohamud initially didn’t understand what type of storage unit the agents wanted, and then took a month to follow through. The agent acknowledged that he and another agent had to prod Mohamud, eventually giving him the name of a storage company and driving by.

“Not much of a test if you’re pointing out the right one,” Hay said.

Under re-direct questioning by prosecutor Ethan Knight, the agent said the FBI did not have to manipulate Mohamud to get him to participate in a plot to potentially kill thousands of people.

“He knew what he wanted to do, and it was to kill Americans,” Youssef said, adding that this was: “Before I met him.”

Source: FULL ARTICLE at Fox US News