Mohamed Mohamud was arraigned in federal court in Portland, OR, today, to hear his single indictment on one count of attempting to use a weapon of mass destruction. It sounds like the federal public defender on his case is well aware of issues raised here and elsewhere this weekend:
Mohamud was sitting hunched forward, conversing quietly with his attorney. Stephen Sady, assistant federal public defender.
[snip]
“This situation is very unusual,” Sady said. He said that by Friday night, the press had been given a copy of the criminal complaint, which was essentially a press release.
“The arrest was obviously timed for maximum impact and maximum publicity.” Sady said.
[snip]
He said a quite sophisticated government agency had been “basically grooming” the individual and Sady said there was “potential for entrapment.”
“It’s the first meeting that matters,” he said, complaining that the government’s recording devices had failed in the first meeting.
Sady asked Acosta to make sure that every device that was used in the investigation that could collect and store data be preserved as pristinely as they are today. Not just the recordings, Sady emphasized, but also the recording devices.
As long as there’s a public defender alert enough to recognize the potential for entrapment, and the import of the missing recording and recording device of the first meeting between Mohamud and the FBI, I think we can presume this defendant is in competent legal hands.
Steven T. Wax, the federal public defender for the District of Oregon, said in anticipation of his office handling today’s arraignment, that Stephen Sady, the chief deputy federal public defender, “has been working on the case this weekend.”
Stephen Wax was the 2004 attorney for Brandon Mayfield.
Just watched the local news; friends since childhood and former neighbors all seem shocked that Mohamud could be involved in something like this FBI terror plot.
UPDATE: Acosta set Feb, 1, 2011, for the start of the trial. He also set aside 15 days for it, and assigned it to Judge Garr King.
UPDATE 2: Looks like the Portland Police Bureau’s current relationship with the FBI’s Joint Terrorism Task Force might become much more formalized, if Mayor Sam Adams gets his way:
Afterwards, Mayor Sam Adams talked to reporters in the city park across the courthouse. He said it was important Mohamud be tried in a civilian court, not a military tribunal.
Asked whether he thought the FBI entrapped Mohamud, Adams did not answer the question directly but said it was important such issues be aired before the court.
Adams also said the arrest was prompting him to review whether the city should rejoin the FBI Joint Terrorism Task Force. The city pulled out several years ago when former Mayor Tom Potter complained the police bureau was not able to adequately supervise the officers assigned to it.
Among other things, Adams said he wanted to understand what the city might have learned about the plot earlier if the city was part of the task force. He was not informed of it until hours after Mohamud was arrested. The police bureau was brought into the investigation earlier, however.



31 Comments

Mrs Santa was at the arraignment today, and is being interviewed on the local news, to talk about ‘what she saw on Friday night.’ Since there was nothing to see on Friday except a white van slide into a police-reserved 15-minute parking space directly opposite the tree alongside the Pioneer Square transit hub, I suppose this will be a short interview.
At least Mrs Santa is anti-terror, so there’s that.
more thanks, Teddy
you are doing a masterful job on this — keep covering it so it doesn’t slip into the void.
Check this out:
“Saltzman issued a release this afternoon saying the arrest of Mohamed Osman Mohamud at the downtown holiday tree lighting Nov. 26 proves the need to get the city reconnected with the JTTF. Mayor Sam Adams, who took the Police Bureau back from Saltzman in May, said over the weekend that he wasn’t aware of the case until 9:15 pm Friday, about three hours after the FBI arrested Mohamud.
Saltzman—the lone council member to vote in 2005 against pulling the city out of the federal terrorism task force (here’s an op-ed Saltzman wrote in The Oregonian at the time of the council’s vote)—wants the council to take up the JTTF question at its Dec. 8 meeting.”
- “Saltzman Calls for Portland to Rejoin Joint Terrorism Task Force” by Hank Stern, Nov. 29, 2010 (link: http://blogs.wweek.com/news/2010/11/29/saltzman-calls-for-portland-to-rejoin-joint-terrorism-task-force )
“The Portland Police Association announced today it has two candidates heading for a runoff to be president of the 900-member union. [..]
Whichever candidate wins the election, there’s one issue he won’t have to decide. That’s what to do with the ballots from last year’s no-confidence vote against then-Chief Rosie Sizer and then-Police Commissioner Dan Saltzman.
Last fall, hundreds of union members and their supporters marched on City Hall and held the no-confidence vote after Saltzman stripped Officer Christopher Humphreys of his badge. Humphreys was under investigation for shooting a 12-year-old girl with a beanbag gun.
Union leaders were scheduled to release the results of the no-confidence vote Nov. 30. But they agreed to withhold the results in exchange for Sizer and Saltzman backing down and re-instating Humphreys to desk duty.”
- excerpt “Police Union Shredded No-Confidence Ballots on Sizer and Saltzman (UPDATED With Election Results)” by James Pitkin, June 18, 2010 (link: http://blogs.wweek.com/news/2010/06/18/police-union-shredded-no-confidence-ballots-on-sizer-and-saltzman )
We need a graphic of Obama sitting at his desk reading a copy of the Bush Playbook with “Bush” crossed out on the cover and “Barry” scrawled beside it.
Thanks for covering this, Teddy. Bet you never dreamed when you moved to Portland you’d be on the front lines of the War on Terra.
At Glenn Greenwald’s post on this (where’s my HTML link tool, Teddy?), defense attorneys chimed in re the most current tests of entrapment case law. They seemed to mostly think that this indeed is entrapment.
My experience re entrapment is that it isn’t a final trial element, it is an issue usually decided in pre-trial settings.
I know, huh?
Here’s the link to Glenn’s Sunday post:
http://www.salon.com/news/opinion/glenn_greenwald/2010/11/28/fbi/index.html
You’re welcome.
I wasn’t surprised about Saltzman, but Sam Adams’ press conference in front of the federal courthouse today, where he talked about re-evaluating the relationship and possibly renewing it, shows that the FBI may get their way. Saltzman was the Councilman who voted against ending the JTTF relationship five years ago, but Adams (also Police Commissioner) was one of the four votes in favor of the change then.
thanks Teddy – righteous coverage – you’ve been way out in front
“Stephen Wax was the 2004 attorney for Brandon Mayfield.”
wow – great news.
There’s more …
From “Police Contract Talks Shut Down Over Public Access” (Mar. 17, 2010, link: http://www.theskanner.com/article/2010/03/17/Police-Contract-Talks-Shut-Down-Over-Public-Access ):
‘The first day of bargaining over the Portland police union’s contract with the City of Portland was shut down Friday morning over the issue of public access to the negotiations.
Will Aitchison, the lead attorney representing the Portland Police Association, declared that the city’s stand insisting on open talks with members of the public and media present will be disputed by the union in an unfair labor practices complaint before the Oregon Employee Relations Board.
A small group of citizens and media who showed up to the bargaining session looked on for two hours as Aitchison and city negotiator Steve Herron debated the public’s right to be there. After a series of caucuses, the union negotiating team walked out of City Hall.
“Mr. Aitchison accused Mr. Herron of inviting the public,” said community policing consultant Skip Osborne, who was one of the onlookers. “Mr. Herron said it was always open to the public, Mr. Aitchison said it has never been open in the past, and Mr. Herron said ‘that’s what it’s going to be now.’”
As Attorney General John Kroger moves to loosen restrictions on public access to government documents, local journalists are celebrating the freedom of information law awareness event known as Sunshine Week with a Thursday concert fundraiser and a Saturday public forum called “Sunshine Lessons: How Open is Oregon Government?’
Yeah, it’s great to know he’s on this case.
But WOW AC360 just had a reporter on who clearly got ALL her talking points from the FBI and, while she said she “spent the day reading the affidavit,” got several things absolutely wrong. I was really looking forward to Anderson Cooper’s report; it’s a shame it was such a pro-government slant.
Whatever happened to journalists’ skepticism?
And, ET, I was told today that the tools are coming.
MyFDL has been a long slog for the tech crew, and I think they’ve done a terrific job. I too long for the editing tools. Sometime soon, I hope.
Regarding Tri-Met/TSA/Geo Group/White House Office of Faith-Based and Neighborhood Partnerships …
Tri-Met, overseen by a board appointed by the Governor of Oregon (link: http://trimet.org/about/board.htm ), is serviced by ‘law enforcement officers assigned to the “Transit Police Division” in which “Nearly every law enforcement agency within the tri-county area participates in the division.’ (excerpt from “Transit Police South Precinct” Sept. 11, 2009, link: http://trimet.org/news/southprecinct.htm ).
Tri-Met also “contracts with private security firms and a neighborhood organization to provide a security presence and deter crime. Victory Outreach Rider Advocates travel the system encouraging appropriate behavior, while serving as the eyes and ears of the system.” (excerpt from “Maintaining a safe and secure system,” link: http://www.trimet.org/pdfs/pm/Safety_Security_September2009.pdf )
“TriMet’s Transit Police Division (TPD) is a dedicated unit within the Portland Police Bureau comprised of officers and command staff from various jurisdictions throughout the tri-county area. TPD officers augment the work of various law enforcement agencies throughout the transit district. The TPD Division is located in downtown Portland and has three precincts—one serving the Eastside from Gateway to Gresham, one unit on the Westside of the region, and the South Precinct operating out of the Clackamas Town Center Transit Center. As the rail system expands, new officers are added to the force. There is also a region-wide K-9 unit. All incidents on the transit system are coordinated through the regional 9-1-1 system, allowing the closest available unit to serve as the “first responders.” TPD evaluates issues, and tracks incidents and trends, collaborating on solutions.”
(excerpt from “Maintaining a safe and secure system,” link: http://www.trimet.org/pdfs/pm/Safety_Security_September2009.pdf )
“Is there a connection between TriMet’s planned press conference with federal authorities Thursday morning and this week’s bombings on two Moscow commuter trains?
It appears that way.
On Tuesday, The Oregonian asked TriMet to comment on a Center for Public Integrity investigation highlighting the vulnerability of U.S. passenger-rail systems.
This afternoon, spokeswoman Mary Fetsch responded with a brief and carefully crafted paragraph:
TriMet recognizes the importance of being vigilant in order to reduce the risk of terrorist activities on mass transit. We will have a news conference tomorrow detailing our latest TSA security grant and the status of cameras on our light rail system.”
- from “TriMet, TSA announcing MAX ‘security enhancements’ in Moscow bombing aftermath” by Joseph Rose for The Oregonian, Mar. 31, 2010, link: http://www.oregonlive.com/news/index.ssf/2010/03/trimet_tsa_announcing_max_secu.html )
Who monitors the cameras and how are they paid? No mention of that in any Tri-Met.Org literate available to the public.
Where does the money come from for the MAX cameras?
“Grant will fund more MAX station cameras
TriMet is receiving a $1.9 million federal grant from the Transportation Security Administration (TSA) to enhance security on the transit system.
The grant will allow us to add security cameras at 9 MAX stations, complete perimeter securement at TriMet facilities and fund a backup command center.
Starting this summer, we will begin installing cameras at the following stations: [..]
This will bring the total number of stations with cameras to 74 out of 84, many funded with TSA grants. This is the fourth TSA grant awarded to TriMet to enhance security.” (“TriMet Receives Grant for Security Upgrades” accessed Nov. 29, 2010, link: http://trimet.org/news/securitygrant.htm )
Who are the private security firms?
“TriMet also contracts with the Wackenhut private security company for additional presence at some locations. The current $6.8 million budget is set to increase to $7.4 million next year.” (“Fear rides the MAX” By Jim Redden for The Portland Tribune, Nov 9, 2007, Updated Oct 30, 2009, link: http://www.thetribonline.com/news/print_story.php?story_id=119455778532391500 )
How is the private security firm, Wackenhut, paid?
“Federal money for maintenance and infrastructure
In spring 2009, TriMet became eligible to receive $53.333 million in federal stimulus funds from the American Recovery and Reinvestment Act(ARRA). This includes $44.794 million in ARRA transit formula funds, plus $8.539 million in ARRA funds generously provided by the Oregon Department of Transportation, Metro and our regional partners.
Federal guidelines require that this stimulus money be spent only on capital projects and infrastructure that will make the transit system more robust and put Oregonians to work. TriMet’s 29 stimulus projects are projected to fund about 740 direct jobs and 1,100 indirect jobs.” (excerpt from “TriMet’s Stimulus-Funded Projects” accessed Nov. 29, 2010, link: http://trimet.org/stimulus/index.htm ).
Who is Victory Outreach Rider Advocates?
“For over 40 years, Julie and I founded Victory Outreach with a clear mission: to empower individuals to take control of their lives by placing their future in the hands of God. We have seen multitudes exchange a hopeless subsistence for a new resolve and confidence in life with a single-minded determination to help others.
Our unique vision continues to guide our values-driven approach to ministry, personal growth, and global-community involvement. Since our beginning, the preeminent value of Victory Outreach is family. We are a global family with members in every populated continent on earth.
Visit a Victory Outreach Church from London to Los Angeles, Manila to Mexicali; you will be greeted as family. If you have not visited a Victory Outreach Church lately, allow us to extend our hands. Welcome to the family.” (excerpt from “A Message From the Founder of Victory Outreach,” link: http://www.victoryoutreach.org/aboutus/victory-outreach-founders-message.asp ; international church locator at http://www.victoryoutreach.org/ChurchLocator/Default.asp )
What is some of the funding Victory Outreach Rider Advocates receives?
‘What is a “subgrantee”? As an intermediary organization, the Latino Coalition (LC) applies for grants directly from the Federal Government and other funding institutions. Once funds are awarded to the LC, an announcement is made in particular areas of priority where faith & community based organizations can learn the type of grants available and assess whether or not they meet the criteria to apply.’ (excerpt from “Latino Coalition Subgrantees” link: http://www.latinocoalition.org/subgrantees.html )
This looks like the time-in with the “White House Office of Faith-Based and Neighborhood Partnerships” (link: http://en.wikipedia.org/wiki/White_House_Office_of_Faith-Based_and_Neighborhood_Partnerships ) but can’t confirm as yet.
Where else does Wackenhut have contracts in Portland?
The only other viable candidate for the contract was a Florida-based company called Wackenhut [..] But Wackenhut had two things going against it—the city’s longstanding relationship with the PBA, and solid opposition from local unions.
Wackenhut’s alleged history of union busting—plus security lapses and inadequate training—forced SEIU Local 49 into supporting the PBA, despite a long history of the union opposing the organization.
When asked if she was celebrating PBA’s victory, SEIU Political Director Felisa Hagins paused for a second, then said, “We’re celebrating a victory in defeating an anti-union company that had no place in Portland.”
“We’re concerned about other city contracts Wackenhut has,” Hagins added. Specifically, she referred to the company’s contract to provide security in city hall—including a handful of guards who are now carrying concealed weapons.
“The fact that a company with a history of security lapses and inadequate training is carrying guns in city hall should concern people,” Hagins said.
According to the website eyeonwackenhut.com (which is hosted by SEIU), the company lost its contract to provide security to the Department of Homeland Security headquarters in DC—in part for mishandling a suspected anthrax attack. They also, according to the site, failed to give their guards radios or batons, “leaving them few options beyond the lethal force of their handguns.”
Perhaps more importantly to city hall, though, Wackenhut has taken fire for allowing their guards to take weapons exams multiple times in order to pass. When asked about the allegations, local Wackenhut Manager Ben Blair said, “No comment.”
(excerpt from “To the Rescue?” by Scott Moore for the Portland Mercury, Sept. 21, 2006, Link: http://www.portlandmercury.com/news/to-the-rescue/Content?oid=62754 )
Note that SEIU.Org’s eyeonwackenhut.com doesn’t work anymore and Wackenhut (link: http://en.wikipedia.org/wiki/Wackenhut) is really the GEO Group (link: http://en.wikipedia.org/wiki/GEO_Group )
Double-U Tee Eff? Is this the first time a mass-murder sting was staged? I mean, this ain’t no ABSCAM or a governor auctioning a Senate office. If you ask me, I’ll tell you: If there never was any ‘Reality TV’, there’d never be this show case. The real story is that the Feds did something like this. Or it’s not the real story. The real story is whatever this is covering up or hiding. Hey, I’m not a buff of the crackpot genre. But, look at it this way: You know how we’re told (and led to believe, with good reason) that many attempted ‘terrorist’ (and other kinds) plots are thwarted that we never find out about, the rationale being that the exposing of the failed plots would compromise the intelligence and law-enforcement efforts that prevented such attacks? That’s a fish that don’t bark, ain’t it? First, if that’s ‘true’, howcome this screams headlines? Second, if there have been failed attempts, there have to be perpetrators who have been found out, right? Don’t they get prosecuted? Where’s the record of any prosecution? Or do they go free so the methods that protect us don’t get compromised? The real story is the absurdity, and the real point is that it’s deliberate, willful absurdity.
Not complaining, mostly wondering. You’re right about the “a lot of work” thing, I’m sure.
Anyway, entrapment is usually tried before a judge, rather than before a jury, at least in Alaska. This will be a Federal case, so I’m not sure where in the stream the issue comes in.
Cord Jefferson writes today in “The Real Pat-Down Outrage” (link: http://www.theroot.com/views/pat-downs-america-should-be-outraged-about ) that “If the media want to focus on embarrassing frisks, they should look at what black and Hispanic Americans routinely deal with, courtesy of the police department.”
Here’s an excerpt from that above article:
‘The man who first pointed this out to me is New York Times reporter David Carr, who tweeted, “White people aren’t used to having the hands of state on them. Black folks know all about stop and frisk.”
Carr is right about that, at least as far as New York City goes. According to the New York Civil Liberties Union, the NYPD’s stop-and-frisk tactic, in which officers stop citizens on the street and search their bodies and bags, was used on 149,753 New Yorkers in the first three months of 2010. Of those frisked, 85 percent were black or Latino. Even more shocking is that 87 percent of those stopped were completely innocent. [..]
But what’s more interesting, especially amid all the TSA madness, is the dearth of attention given to the stop-and-frisk searches taking place across the country every single day. As Carr notes, invasive searches are a fact of life for many blacks, who can work to put themselves through Harvard and yet still be misidentified as “local gangbangers” by their neighbors.’
Why must a local law enforcement officer be deputized as a agent of the US Government? If they’re deputized, then they work for the Feds interest not the local government, and the local government must recognize a conflict of interest (laws are not equal). And if they’re deputized, shouldn’t the Feds pay their way? Also, how many Fed cases have the appearance of entrapment, while others suffer from shoddy field craft, missing or tampered evidence and prosecurial misconduct. Troubling.
Teddy–Sam clarified later that he does not currently believe Portland should rejoin the JTTF, only that now seems like a good time to review it. As he smartly said today, with the passions let’s also take time to collect some facts. I think it’s generally unlikely Saltzman will get three votes. Fish maybe, but not Randy or Amanda if I read them right.
Also, the police issue was resolved: the public may observe the negotiations; they are happening in the room right next to the one where I work.
Yes. I’m glad that you are on the case. This kind of entrapment stinks to high heaven.
Just when will the “war on terror” jump the shark for the U.S. population. Was it TSA demanding the X-raying of breast milk, or the total frame-up of a teen, manipulating him every step of the way? Or just what will it be?
As this thing unfolds, the truth will come out but is it possible that Teddy is behind the whole thing? Did he dupe the FBI into running their entrapment on Mohamud so he could run his own entrapment on them. The timing of the move to Portland takes on all new meaning in this light. Some guys will do anything to get a run on FDL.
Also, is it safe to plug in my Christmas tree?
They’ve been in discussion for five months about re-joining the JTTF. I think the Feebs are using this to nudge Sam and the Council. We’ll see, the December (6th?) meeting is where Sam says this will be discussed. Will you be there?
My own understanding of the decision to leave JTTF (locals, correct me on this, please!) is that Portland didn’t want its Police Bureau members in a position to have to violate Oregon state law as deputized members of the task Force under the FBI’s direction, specifically the part of the Oregon Constitution that prohibits state agents from collecting or singling people out because of their religion.
I presume (but don’t know) that it might have all stemmed from the Brandon Mayfield case, where his activities as a lawyer defending a Muslim charity (and as a convert himself to Islam) got the local Portland FBI office all excited when the HQ fingerprint lab mistakenly matched Mayfield’s fingerprint to a partial print from a backpack found in the Madrid transit bombings.
Tellingly, though it was the HQ Lab that made the print mistake, it was the local FBI office that was forced to issue the very rare apology to Mayfield when all charges against him were dismissed; they did the workup on him, alleging all kinds of religious-based connections.
I believe Melissa Harris-Tyler (formerly Harris-Lacewell) has been covering this aspect of the pat-downs at The Nation quite extensively; she marvels that white Americans are suddenly shocked to have happen to them something African-American mothers prepare ALL their children for when confronted by state agents in the USA.
Do you have a link for that ‘clarified later,’ please?
Harris-Perry
I sure do, Teddy! The Merc had it (are you familiar with the Merc’s Sarah Mirk? She’s doing the best alternative journalism in the city right now…)
http://blogtown.portlandmercury.com/BlogtownPDX/archives/2010/11/29/sam-adams-not-so-fast-on-rejoining-terrorism-task-force
“When asked outside the federal courthouse if he supported Saltzman’s timeline, Adams’ response was fairly curt: “Not at this point.” Although, soon after, the mayor did allow: “That doesn’t mean that I won’t in the future.”
Adams said he’s got “a whole cadre” of city attorneys looking at the issue in light of Friday night’s arrest, specifically at whether the conditions that fueled his concerns about the FBI and its approach to jurisprudence have eased under the Obama administration.
“I’m going at this with an open mind,” he said, but added he’d consider it only after a “fact-based” analysis of whether it makes sense. Noting the passions on both sides of the issue, he said: “I want to add to those passions some facts.”
That’s part of it; there’s also an issue where the civilian oversight of police would have less information than the chief. The mayor at the time, Tom Potter, was a former PDX police chief, and I think part of it was ego–but it does seem odd that the chief knows information that his boss can’t have access to. And there was also a sheen of disgust over the Patriot Act and the Bush administration’s approach to counterterror that skeeved Council out.
And yes, Mayfield was a big part of it, and it still drives Leonard’s opposition to it. Like I said, I think Dan might get Fish, but he’ll need to work hard on Amanda IMO.
whoops, put the reply above your request, sorry.
Let me buy you a beer and welcome you to town! Or at least drop me a line at loadedorygun-at-gmail and maybe I can pass on some knowledge that I’m not using much anymore since burning out on blogging…
Thank you!