Snitching

Criminal Informant Law, Policy, and Research

International

NYU Law School report criticizes use of domestic terrorism informants

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NYU Law School’s Center for Human Rights and Global Justice has just released this report: Targeted and Entrapped: Manufacturing the “Homegrown Threat” in the United States. The report examines three recent high profile domestic terrorism cases, in all of which informants played a central role, and argues that the use of compensated informants is creating the perception of a threat in U.S. Muslim communities where none may have existed before. From the executive summary:

Since September 11, 2001, the U.S. government has targeted Muslims in the United States by sending paid, untrained informants into mosques and Muslim communities. This practice has led to the prosecution of more than 200 individuals in terrorism-related cases. The government has touted these cases as successes in the so-called war against terrorism. However, in recent years, former Federal Bureau of Investigation (FBI) agents, local lawmakers, the media, the public, and community-based groups have begun questioning the legitimacy and efficacy of this practice, alleging that–in many instances–this type of policing, and the resulting prosecutions, constitute entrapment.

In the cases this Report examines, the government’s informants held themselves out as Muslims and looked in particular to incite other Muslims to commit acts of violence. The government’s informants introduced and aggressively pushed ideas about violent jihad and, moreover, actually encouraged the defendants to believe it was their duty to take action against the United States. In two of the three cases, the government relied on the defendants’ vulnerabilities–poverty and youth, for example–in its inducement methods. In all three cases, the government selected or encouraged the proposed locations that the defendants would later be accused of argeting. In all three cases, the government also provided the defendants with, or encouraged the defendants to acquire, material evidence, such as weaponry or violent videos, which would later be used to convict them.

The report argues that the ways that the U.S. government uses informants to target Muslims threatens such basic legal principles as the right to a fair trial, the right to non-discrimination, and the rights to freedom of religion and expression. The report concludes with numerous policy recommendations.

‘Stop Snitching’ in the UK

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Since we have a guest from the UK, this story seemed particularly timely. A ‘stop snitching’ pamphlet was distributed in a largely black London housing project after a murder. The event has triggered a debate very similar to the debate in the U.S. over police-community relations. From the BBC story: Peckham murder ‘snitch’ leaflet: what has changed?:

“No one likes a rat,” the pamphlets stated. “Remember the police are not your friend. Don’t be deceived by promises of anonymity, protection and rewards. They will say and do anything to make you snitch, then destroy your life.” It concluded: “Be smart. Don’t snitch.” The flyers were linked to a website, entitled ‘Stop Snitching’. It is unclear whether the site is linked to a campaign of the same name launched in 2004, in the troubled US city of Baltimore. …

Claudia Webbe, chairwoman of the public panel set up to scrutinise the police’s work, said: “People on the estate were very angry and defiant after the leaflets – but for some it added to the fear. It tapped into suspicions some have long believed.” One Southwark councillor has claimed that the leaflets actually had the effect of increasing the number of calls to police – something the Metropolitan Police is yet to comment on. And Ms Webbe thinks the estate’s reaction since the leafleting campaign is symptomatic of how relationships between police and the black community have improved. She said: “In 1998 not a single person would have spoken to police after a murder like this.”

Afghan drug lord was paid CIA and DEA informant

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From today’s NY Times “Jailed Afghan Drug Lord was Informer on U.S. Payroll“:

When Hajji Juma Khan was arrested and transported to New York to face charges under a new American narco-terrorism law in 2008, federal prosecutors described him as perhaps the biggest and most dangerous drug lord in Afghanistan, a shadowy figure who had helped keep the Taliban in business with a steady stream of money and weapons. But what the government did not say was that Mr. Juma Khan was also a longtime American informer, who provided information about the Taliban, Afghan corruption and other drug traffickers. Central Intelligence Agency officers and Drug Enforcement Administration agents relied on him as a valued source for years, even as he was building one of Afghanistan’s biggest drug operations after the United States-led invasion of the country, according to current and former American officials. Along the way, he was also paid a large amount of cash by the United States.

For more on the increasingly common terrorism/drug informant connection, see David Headley: another drug/terrorism informant works both sides.

David Headley: another drug/terrorism informant works both sides

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According to the New York Times, David Headley, drug-dealer-turned-informant-turned-terrorist, was working for the DEA while collaborating with Pakistani terrorists who eventually attacked Mumbai, India in 2008. Headley has pleaded guilty to his role in that attack, and is currently cooperating with the government in an effort to avoid the death penalty. Story here: DEA Deployed Mumbai Plotter Despite Warning. Part of India’s anger over the incident stems from the fact that the DEA had been warned repeatedly by several people who knew Headley that he sympathized with terrorist groups, but, ignoring the warnings, the DEA nevertheless persuaded a court to take Headley off probation and sent him to Pakistan in 2001. From the Times:

In recent weeks, United States government officials have begun to acknowledge that Mr. Headley’s path from American informant to transnational terrorist illustrates the breakdowns and miscommunications that have bedeviled them since the Sept. 11 attacks. Warnings about his radicalism were apparently not shared with the drug agency that made use of his ties in Pakistan.

The director of national intelligence, James R. Clapper Jr., began an investigation into Mr. Headley’s government connections after reports last month that two of the former drug dealer’s ex-wives had gone to American authorities between 2005 and 2008, before the Mumbai attacks, to say they feared he was plotting with terrorists. Combined with the earlier warning from the former girlfriend, three of the women in Mr. Headley’s life reported his ties to terrorists, only to have those warnings dismissed.

An examination of Mr. Headley’s story shows that his government ties ran far deeper and longer than previously known. One senior American official knowledgeable about the case said he believed that Mr. Headley was a D.E.A. informant until at least 2003, meaning that he was talking to American agencies even as he was learning to deal with explosives and small arms in terrorist training camps.

An NPR story this morning explains the breakdown in official communication by noting that the DEA would have been protective of its informant and unlikely to share his identity with other agencies, Warnings Overlooked in Case of American Tied to Mumbai Attacks. But this is only part of the story. As the Times points out, the DEA ignored the warnings precisely because Headley was a long time and valuable informant. This is the same blindspot that earlier this year led CIA officials to bring a prized informant to a base in Afghanistan, only to see him turn suicide bomber — see Afghan suicide bomber was informant-double-agent.

This debacle illustrates the significant costs of the criminal informant compromise. First, informants avoid punishment for their own crimes–Headley served less than two years in prison although he could have faced up to nine years for distributing 15 kilograms of heroin. Second, as the government grows increasingly reliant on its criminal sources, officials come to tolerate informant crime, double-dealing and inaccuracy as a routine part of the compromise. Because the dominant culture of informant management is one of secrecy, even as between government agencies, this further weakens the process of intelligence-gathering, information-sharing, and law enforcement. Since the government maintains that it cannot conduct the war on terror without informants, it is time to rethink the rules of this risky public policy.

Primetime: U.S. customs authorizes informant to import cocaine

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Another large-scale informant crime spree, this one courtesy of a Grits comment. In this story, ABC News Primetime documented how U.S. Customs authorized its informant, Rodney Matthews, to import tons of cocaine into the U.S., much of which ended up on the streets. Here’s the link to the Primetime transcript. Caught with a few hundred pounds of marijuana, Matthews became a Customs informant and starting importing cocaine with the government’s blessing. While all the Customs officials interviewed acknowledged that such deals are routine, they disputed whether the drugs were permitted by the government to hit the streets: Agent Tom Grieve said it wasn’t authorized, while Mark Conrad of Customs internal affairs concluded that Grieve was lying to cover up the debacle. From the transcript:

FORREST SAWYER (Primetime) Was there anything said, anything that could have been in your wildest imagination misinterpreted to mean that Rodney Matthews could bring in a load and let it hit the streets?

AGENT TOM GRIEVE No. Not hit the streets. No, no, no, no. No. See, that’s-no, no.

FORREST SAWYER Tom Grieve says that there was no carte blanche, nothing like carte blanche.

MARK CONRAD, US CUSTOMS INTERNAL AFFAIRS Tom Grieve is simply a liar.

FORREST SAWYER ( VO ) Mark Conrad runs internal affairs for Customs in Houston. A 27-year veteran, Conrad spoke to PrimeTime in New York over the objections of the Customs Service.

MARK CONRAD We got in bed with Rodney Matthews and the importation of a humongous amount of narcotics coming into the United States.

FORREST SAWYER And the reason wasn’t because they were dirty?

MARK CONRAD No. The reason is there’s a great deal of pressure on agents in the field to make cases, to make the big one. And the bigger, the better.

FORREST SAWYER ( VO ) In fact, more than a dozen agents and former drug enforcement officials told us that letting dope hit the streets is the cost of doing business, that while the Matthews case is extreme, it’s just the tip of the iceberg.

Matthews’ former partner Jimmy Ellard got an even more dramatic deal. He had fled to Colombia and became a top transporter for drug kingpin Pablo Escobar. When he was caught in Florida, Ellard pled guilty to importing $6 billion [sic] worth of drugs into the U.S., and orchestrating a fatal airplane bombing. Ellard earned leniency by accusing several Customs officials of corruption. The officials were exonerated; Ellard served only six years in prison.