15-Year Sentence for Oakland Man Who Pleaded Guilty to Terrorism Charge
Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area
Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing
Motion Denied: Court Drama Continues in 'Shrimp Boy' Case
Yee, Chow and Jackson Expected Back in Court Friday
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He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"katewolffe":{"type":"authors","id":"11523","meta":{"index":"authors_1591205172","id":"11523","found":true},"name":"Kate Wolffe","firstName":"Kate","lastName":"Wolffe","slug":"katewolffe","email":"kwolffe@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Reporter + Weekend Host","bio":"Kate Wolffe reports on local Bay Area happenings for KQED, and hosts the news on weekend afternoons. She joined KQED in 2018 as an intern on the Forum team, before moving to cover topics ranging from politics to criminal justice to homelessness. A Bay Area native and UC Berkeley graduate, Kate loves to discover new corners of the region.","avatar":"https://secure.gravatar.com/avatar/22455f14db824a03ee252f73052fe939?s=600&d=blank&r=g","twitter":"katewolffe","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["author","edit_others_posts"]},{"site":"forum","roles":["editor"]}],"headData":{"title":"Kate Wolffe | KQED","description":"KQED Reporter + Weekend Host","ogImgSrc":"https://secure.gravatar.com/avatar/22455f14db824a03ee252f73052fe939?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/22455f14db824a03ee252f73052fe939?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/katewolffe"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11729243":{"type":"posts","id":"news_11729243","meta":{"index":"posts_1591205157","site":"news","id":"11729243","score":null,"sort":[1551243820000]},"guestAuthors":[],"slug":"15-year-sentence-for-oakland-man-who-pleaded-guilty-to-terrorism-charge","title":"15-Year Sentence for Oakland Man Who Pleaded Guilty to Terrorism Charge","publishDate":1551243820,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A federal judge sentenced an Oakland man Tuesday to 15 years, eight months in prison after a protracted sentencing hearing that weighed whether the now 23-year-old actually meant to carry out any of his wide-ranging plots for mayhem across the Bay Area.\u003c/p>\n\u003cp>Amer Sinan Alhaggagi was caught on video in summer 2016 discussing with an undercover FBI agent his plans to \"redefine terror\" in the Bay Area. They talked about bombing gay nightclubs and UC Berkeley dorms, setting fires in the Berkeley Hills, poisonings and slayings.\u003c/p>\n\u003cp>\"I want to make it to the point where every American here, like, thinks twice or three times before he leaves his home,\" Alhaggagi said.\u003c/p>\n\u003cp>\"That is the very heart of what terrorism is,\" federal prosecutor Waqar Hasib argued Tuesday, adding that \"one of the most troubling things\" was that Alhaggagi's targets were in the Bay Area.\u003c/p>\n\u003cp>\"We are known for being open and accepting,\" Hasib argued. \"It is that very value of openness and acceptance that Mr. Alhaggagi sought to exploit in carrying out his attacks.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The defense argued that Alhaggagi was never charged for any of the things he said to the FBI agent, or any of his ill-conceived attacks. Instead, and only after he stopped communicating with the agent, he set up several social media accounts for an Islamic State supporter in Iraq. The accounts, the government argued, were later used to spread terrorist propaganda — and it was that action that generated a federal terrorism charge.\u003c/p>\n\u003cp>\"It was a totally different thing, it was an online thing, he regretted it and he stopped it,\" defense attorney Mary McNamara argued Tuesday.\u003c/p>\n\u003cp>Alhaggagi apologized in a brief statement before he was sentenced.\u003c/p>\n\u003cp>\"I find it hard to look and listen to all the horrible things I said to the undercover agent,\" he said. \"I can see why people, the FBI, got worried. I made myself look like a crazy person.\"\u003c/p>\n\u003cp>\"I'm ashamed and embarrassed,\" he concluded.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=U9z1FBzHNOE\u003c/p>\n\u003cp>His sentence also includes a two-year term for identity theft charges — he stole credit card numbers and used them to buy expensive clothes, according to court filings.\u003c/p>\n\u003cp>\u003cstrong>'Doesn't Sound Like a Jihadi'\u003c/strong>\u003c/p>\n\u003cp>Alhaggagi's status as an internet troll was a central issue to his case. His defense argued that he had retreated online after a series of failures in his life and was drawn to stoking arguments between Sunni and Shia Muslims online.\u003c/p>\n\u003cp>One of his chats about fanciful arms deals in summer 2016 alerted an FBI source, who then told Alhaggagi that a \"cousin\" (an undercover FBI agent) was on his way to Oakland for a meeting.\u003c/p>\n\u003cp>\"Up until now, this had been an online game of chicken with the informant,\" McNamara said in court. \"Now, someone was going to come out of the internet and appear in person.\"\u003c/p>\n\u003cp>She argued Alhaggagi kept up his internet persona in person, punctuating his talk of mass slaying with smiles and laughter, much like the \"lols\" and smiling emojies that peppered his chats.\u003c/p>\n\u003cp>\"He doesn’t sound like a jihadi, doesn’t look like a jihadi, doesn’t act like a jihadi,\" McNamara said, adding that other cases involving terrorism charges generally don't involve juvenile jokes and emojies. \"He’s a goofball, he’s a class clown, he’s a horrible little person when he’s trolling.\"\u003c/p>\n\u003cp>But Judge Charles Breyer noted a few actual steps Alhaggagi took to further his plans. He downloaded a bomb-making manual, found during a search of his electronics after he was arrested in November 2016. And he took photographs of supposed targets.\u003c/p>\n\u003cp>\"He was willing to participate in these conversations with people other than government agents, and the consequences are enormous,\" Breyer said from the bench. \"He may think it’s a joke, he may not have intended it, but the other person may not know it’s a joke. The other person may intend it.\"\u003cbr>\n[aside hero=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2018/12/screen-shot-2-1020x523.jpg\" label=\"Terrorist or Troll? The Case of Amer Sinan Alhaggagi\" link1=\"https://www.kqed.org/news/11713245/terror-debated-at-dramatic-sentencing-of-oakland-man-who-opened-twitter-accounts-for-islamic-state,Terror Debated at 'Dramatic' Sentencing of Oakland Man Who Opened Twitter Accounts for Islamic State\" link2=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area,Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area\" link3=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing,Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing\" link4=\"https://www.kqed.org/news/11592065/man-charged-with-attempting-to-support-terrorism-talked-about-attacking-s-f-east-bay-targets,Man Charged With Attempting to Support Terrorism Talked About Attacking S.F., East Bay Targets\"]\u003cbr>\nMore than 150 members of the Bay Area Yemeni-American community signed a statement in support of Alhaggagi. They packed court hearings over the past year, and several people sobbed softly at the end of the sentencing hearing Tuesday.\u003c/p>\n\u003cp>Alhaggagi's uncle, Hashem Awnallah, said after the hearing that his community knew another side of Alhaggagi.\u003c/p>\n\u003cp>\"The community also knew him as a person who cared for others,\" Awnallah said. \"The world needs to know that he is not radicalized, he is not dangerous, and definitely, he is not a terrorist.\"\u003c/p>\n\u003cp>His community pooled together $10,000 for an educational fund after Alhaggagi's release, and Awnallah said they are convening conversations to talk about online radicalization.\u003c/p>\n\u003cp>\u003cstrong>Jailhouse Informant\u003c/strong>\u003c/p>\n\u003cp>Breyer said he found credible the testimony of a jailhouse informant, who described meeting Alhaggagi, known as \"the terrorist,\" at Glenn Dyer Jail in Oakland in early 2017.\u003c/p>\n\u003cp>Richard Jump, 54, testified Tuesday that he'd been incarcerated for half his adult life. He served as a jailhouse lawyer among inmates in the pod of cells.\u003c/p>\n\u003cp>But, he said, Alhaggagi's continued plotting even after his arrest crossed a line.\u003c/p>\n\u003cp>\"This stuff is so far from what I've always considered acceptable criminal behavior,\" Jump testified. \"It's indiscriminate, that type of action. It can hurt anyone.\"\u003c/p>\n\u003cp>Jump said he and a cellmate found a letter Alhaggagi had written, with directions for someone on the outside to destroy a phone and some electronic files.\u003c/p>\n\u003cp>He said he saw a cartoon depicting a truck driving up to the federal court building in San Francisco and blowing it up. And there was talk of bombs and bomb-making.\u003c/p>\n\u003cp>To Alhaggagi's defense, this was continued puffery — the young man was faced with serious criminal charges and surrounded by convicts, and he again leaned on his internet persona.\u003c/p>\n\u003cp>But Breyer found Alhaggagi's repeated willingness to plot violence, as entertainment, showed a disturbing lack of empathy.\u003c/p>\n\u003cp>\"That is chilling,\" Breyer said. \"If people lack empathy toward one another, they are extraordinarily dangerous.\"\u003c/p>\n\u003cp>He said Alhaggagi's 15-year sentence would serve as a deterrent, not just to the defendant, but to anyone who thinks it's OK to talk the way he did.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"We have become somewhat sensitized to the seriousness of joking,\" Breyer said. \"You know why we’ve become sensitized? Because some people are not joking.\"\u003c/p>\n\n","blocks":[],"excerpt":"The case included discussions of terror plots in the Bay Area, emojies and the motivations of an internet troll.","status":"publish","parent":0,"modified":1551298655,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":36,"wordCount":1244},"headData":{"title":"15-Year Sentence for Oakland Man Who Pleaded Guilty to Terrorism Charge | KQED","description":"The case included discussions of terror plots in the Bay Area, emojies and the motivations of an internet troll.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"15-Year Sentence for Oakland Man Who Pleaded Guilty to Terrorism Charge","datePublished":"2019-02-27T05:03:40.000Z","dateModified":"2019-02-27T20:17:35.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11729243 https://ww2.kqed.org/news/?p=11729243","disqusUrl":"https://ww2.kqed.org/news/2019/02/26/15-year-sentence-for-oakland-man-who-pleaded-guilty-to-terrorism-charge/","disqusTitle":"15-Year Sentence for Oakland Man Who Pleaded Guilty to Terrorism Charge","path":"/news/11729243/15-year-sentence-for-oakland-man-who-pleaded-guilty-to-terrorism-charge","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge sentenced an Oakland man Tuesday to 15 years, eight months in prison after a protracted sentencing hearing that weighed whether the now 23-year-old actually meant to carry out any of his wide-ranging plots for mayhem across the Bay Area.\u003c/p>\n\u003cp>Amer Sinan Alhaggagi was caught on video in summer 2016 discussing with an undercover FBI agent his plans to \"redefine terror\" in the Bay Area. They talked about bombing gay nightclubs and UC Berkeley dorms, setting fires in the Berkeley Hills, poisonings and slayings.\u003c/p>\n\u003cp>\"I want to make it to the point where every American here, like, thinks twice or three times before he leaves his home,\" Alhaggagi said.\u003c/p>\n\u003cp>\"That is the very heart of what terrorism is,\" federal prosecutor Waqar Hasib argued Tuesday, adding that \"one of the most troubling things\" was that Alhaggagi's targets were in the Bay Area.\u003c/p>\n\u003cp>\"We are known for being open and accepting,\" Hasib argued. \"It is that very value of openness and acceptance that Mr. Alhaggagi sought to exploit in carrying out his attacks.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The defense argued that Alhaggagi was never charged for any of the things he said to the FBI agent, or any of his ill-conceived attacks. Instead, and only after he stopped communicating with the agent, he set up several social media accounts for an Islamic State supporter in Iraq. The accounts, the government argued, were later used to spread terrorist propaganda — and it was that action that generated a federal terrorism charge.\u003c/p>\n\u003cp>\"It was a totally different thing, it was an online thing, he regretted it and he stopped it,\" defense attorney Mary McNamara argued Tuesday.\u003c/p>\n\u003cp>Alhaggagi apologized in a brief statement before he was sentenced.\u003c/p>\n\u003cp>\"I find it hard to look and listen to all the horrible things I said to the undercover agent,\" he said. \"I can see why people, the FBI, got worried. I made myself look like a crazy person.\"\u003c/p>\n\u003cp>\"I'm ashamed and embarrassed,\" he concluded.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/U9z1FBzHNOE'\n title='//www.youtube.com/embed/U9z1FBzHNOE'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>His sentence also includes a two-year term for identity theft charges — he stole credit card numbers and used them to buy expensive clothes, according to court filings.\u003c/p>\n\u003cp>\u003cstrong>'Doesn't Sound Like a Jihadi'\u003c/strong>\u003c/p>\n\u003cp>Alhaggagi's status as an internet troll was a central issue to his case. His defense argued that he had retreated online after a series of failures in his life and was drawn to stoking arguments between Sunni and Shia Muslims online.\u003c/p>\n\u003cp>One of his chats about fanciful arms deals in summer 2016 alerted an FBI source, who then told Alhaggagi that a \"cousin\" (an undercover FBI agent) was on his way to Oakland for a meeting.\u003c/p>\n\u003cp>\"Up until now, this had been an online game of chicken with the informant,\" McNamara said in court. \"Now, someone was going to come out of the internet and appear in person.\"\u003c/p>\n\u003cp>She argued Alhaggagi kept up his internet persona in person, punctuating his talk of mass slaying with smiles and laughter, much like the \"lols\" and smiling emojies that peppered his chats.\u003c/p>\n\u003cp>\"He doesn’t sound like a jihadi, doesn’t look like a jihadi, doesn’t act like a jihadi,\" McNamara said, adding that other cases involving terrorism charges generally don't involve juvenile jokes and emojies. \"He’s a goofball, he’s a class clown, he’s a horrible little person when he’s trolling.\"\u003c/p>\n\u003cp>But Judge Charles Breyer noted a few actual steps Alhaggagi took to further his plans. He downloaded a bomb-making manual, found during a search of his electronics after he was arrested in November 2016. And he took photographs of supposed targets.\u003c/p>\n\u003cp>\"He was willing to participate in these conversations with people other than government agents, and the consequences are enormous,\" Breyer said from the bench. \"He may think it’s a joke, he may not have intended it, but the other person may not know it’s a joke. The other person may intend it.\"\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"hero":"https://ww2.kqed.org/wp-content/uploads/sites/10/2018/12/screen-shot-2-1020x523.jpg","label":"Terrorist or Troll? The Case of Amer Sinan Alhaggagi ","link1":"https://www.kqed.org/news/11713245/terror-debated-at-dramatic-sentencing-of-oakland-man-who-opened-twitter-accounts-for-islamic-state,Terror Debated at 'Dramatic' Sentencing of Oakland Man Who Opened Twitter Accounts for Islamic State","link2":"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area,Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area","link3":"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing,Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing","link4":"https://www.kqed.org/news/11592065/man-charged-with-attempting-to-support-terrorism-talked-about-attacking-s-f-east-bay-targets,Man Charged With Attempting to Support Terrorism Talked About Attacking S.F., East Bay Targets"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nMore than 150 members of the Bay Area Yemeni-American community signed a statement in support of Alhaggagi. They packed court hearings over the past year, and several people sobbed softly at the end of the sentencing hearing Tuesday.\u003c/p>\n\u003cp>Alhaggagi's uncle, Hashem Awnallah, said after the hearing that his community knew another side of Alhaggagi.\u003c/p>\n\u003cp>\"The community also knew him as a person who cared for others,\" Awnallah said. \"The world needs to know that he is not radicalized, he is not dangerous, and definitely, he is not a terrorist.\"\u003c/p>\n\u003cp>His community pooled together $10,000 for an educational fund after Alhaggagi's release, and Awnallah said they are convening conversations to talk about online radicalization.\u003c/p>\n\u003cp>\u003cstrong>Jailhouse Informant\u003c/strong>\u003c/p>\n\u003cp>Breyer said he found credible the testimony of a jailhouse informant, who described meeting Alhaggagi, known as \"the terrorist,\" at Glenn Dyer Jail in Oakland in early 2017.\u003c/p>\n\u003cp>Richard Jump, 54, testified Tuesday that he'd been incarcerated for half his adult life. He served as a jailhouse lawyer among inmates in the pod of cells.\u003c/p>\n\u003cp>But, he said, Alhaggagi's continued plotting even after his arrest crossed a line.\u003c/p>\n\u003cp>\"This stuff is so far from what I've always considered acceptable criminal behavior,\" Jump testified. \"It's indiscriminate, that type of action. It can hurt anyone.\"\u003c/p>\n\u003cp>Jump said he and a cellmate found a letter Alhaggagi had written, with directions for someone on the outside to destroy a phone and some electronic files.\u003c/p>\n\u003cp>He said he saw a cartoon depicting a truck driving up to the federal court building in San Francisco and blowing it up. And there was talk of bombs and bomb-making.\u003c/p>\n\u003cp>To Alhaggagi's defense, this was continued puffery — the young man was faced with serious criminal charges and surrounded by convicts, and he again leaned on his internet persona.\u003c/p>\n\u003cp>But Breyer found Alhaggagi's repeated willingness to plot violence, as entertainment, showed a disturbing lack of empathy.\u003c/p>\n\u003cp>\"That is chilling,\" Breyer said. \"If people lack empathy toward one another, they are extraordinarily dangerous.\"\u003c/p>\n\u003cp>He said Alhaggagi's 15-year sentence would serve as a deterrent, not just to the defendant, but to anyone who thinks it's OK to talk the way he did.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We have become somewhat sensitized to the seriousness of joking,\" Breyer said. \"You know why we’ve become sensitized? Because some people are not joking.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11729243/15-year-sentence-for-oakland-man-who-pleaded-guilty-to-terrorism-charge","authors":["3206","11523"],"categories":["news_6188","news_8"],"tags":["news_24652","news_6115","news_18878"],"featImg":"news_11729250","label":"news"},"news_11712239":{"type":"posts","id":"news_11712239","meta":{"index":"posts_1591205157","site":"news","id":"11712239","score":null,"sort":[1544793323000]},"guestAuthors":[],"slug":"terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area","title":"Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area","publishDate":1544793323,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>U.S. District Judge Charles Breyer is expected Monday to consider whether a now 23-year-old Oakland man actually meant the deluge of statements he made online and in person two years ago, describing a series of plans to \"redefine terror\" in the Bay Area by bombing gay nightclubs, setting a wildfire in the Berkeley Hills, distributing cocaine laced with poison and attacking UC Berkeley dorms, among other plots.\u003c/p>\n\u003cp>\"I want to make it to the point where every American here, like, thinks twice or three times before he leaves his home,\" Amer Sinan Alhaggagi said on video as he toured the East Bay on July 29, 2016, with an undercover FBI agent posing as an al-Qaida operative. \"That's the goal. ... All the burning, the explosives, the poison, all of that adds up to some conclusion, you know?\"\u003c/p>\n\u003cp>KQED has exclusively obtained excerpts of that video and other evidence in the case against Alhaggagi, set for sentencing on Monday. In a relatively unusual maneuver this summer, he pleaded guilty to attempting to provide support to a foreign terrorist organization — the Islamic State — with no assurances from the prosecution that he would receive a lighter sentence.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/RS29855_COURTHOUSE_007-qut-1180x788.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>He essentially threw himself on the mercy of the court, said Stanford law professor Robert Weisberg.\u003c/p>\n\u003cp>\"I can understand why the defense thought the case was hopeless in terms of guilt because [the facts against Alhaggagi] are on their face pretty bad,\" Weisberg said. \"They really, really are.\"\u003c/p>\n\u003cp>He said Alhaggagi's defense attorney, Mary McNamara, knows what she's doing with the strategy to litigate her client's culpability at his sentencing hearing. The defense case essentially boils down to this: He didn't intend to follow through on anything that he said. He didn't understand the seriousness of setting up social media accounts for members of the Islamic State — the actual substance of the terrorism charge he faces. And he was essentially a troll, online and IRL, doing it for the LOLs.\u003cbr>\n[ad fullwidth]\u003cbr>\n\"The government spins an elaborate theory to explain why a supposed terrorist never took a single step to carry out any of his plots,\" the defense wrote in its sentencing memorandum. \"The government posits that Mr. Alhaggagi, an untrained 21 year old with the mentality of a teenager, is a criminal mastermind whose refusal to act is even \u003cem>bigger proof\u003c/em> that he is a terrorist.\"\u003c/p>\n\u003cp>Weisberg summarized the defense strategy in the case: \"You have to put in the context that this guy sort of ritually repeats horrible things that he’s heard elsewhere, and yes, there’s a risk that they’ll be taken seriously by others, but he’s a fool. He doesn’t know what he’s doing,\" he said.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The texts featured emojis (smiley faces) and the argot of teenagers on the internet (\"LOL\" for laugh out loud, \"LMAO\" for laughing my ass off) in response to claims of carnage and savagery.' \u003ccite>Defense Sentencing Memorandum\u003c/cite>\u003c/aside>\n\u003cp>The stakes are high for Alhaggagi, who faces a wide range of potential prison sentences. His attorneys, the probation department's presentencing report and a defense expert on Islamic radicalization are all recommending a four-year sentence. The prosecution is arguing for 33 years in prison.\u003c/p>\n\u003cp>\"This is one of these cases where ultimately, I think, a wise judge is being asked to come up with something sensible,\" Weisberg said. \"This business about pleading without a deal ahead of time — it’s not a practice I’d recommend very widely, nor one sees very widely, but it may very well make sense here.\"\u003c/p>\n\u003cp>\u003cstrong>Case Begins Online\u003c/strong>\u003c/p>\n\u003cp>Already an accomplished fraudster and identity thief, Alhaggagi began discussing obtaining weapons and joining the Islamic State in Syria in an encrypted online chat room on July 19, 2016, according to the prosecution's sentencing memorandum. An FBI source was lurking in the chat.\u003c/p>\n\u003cp>That source contacted Alhaggagi two days later, but in this conversation, Alhaggagi offered to provide weapons to the FBI source. Over the next week, the two engaged in a wide-ranging encrypted conversation about weapons, bomb-making, terror and the defendant's \"mad crazy plans\" for the Bay Area, according to discussion of the chats in the government's sentencing memorandum.\u003c/p>\n\u003cp>\"[Y]ou kknow [sic] what they say, everyone is a gangster untile [sic] it's time to do gangster shit [emojis],\" Alhaggagi chatted. \"I'm gonna case [sic] millions of dollars worth of damages and \u003cem>inshallah\u003c/em> [God Willing] 100's of bodies.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003cspan style=\"color: #000000\">Read the Arguments\u003c/span>\u003c/h4>\n\u003cfigure>\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/07/RS26073_GettyImages-73534290-qut-1180x787.jpg\" alt=\"\">\u003c/figure>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432118-181204-Alhaggagi-Gov-Sentencing-Memo.html\" target=\"_blank\" rel=\"noopener\">United States' Sentencing Memorandum\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432077-181204-Alhaggagi-Def-Sentencing-Memo.html\" target=\"_blank\" rel=\"noopener\">Defendant's Sentencing Memorandum\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432390-181204-Def-Sentence-Exhibit-a-Alhaggagi-Letter.html\" target=\"_blank\" rel=\"noopener\">Amer Alhaggagi Statement\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The specific emojis Alhaggagi used are not specified in the government's filing. His defense argues they provide important context.\u003c/p>\n\u003cp>\"The exchanges are vile, but read in context they are hard to take seriously,\" the defense's sentencing memorandum says. \"The texts featured emojis (smiley faces) and the argot of teenagers on the internet (“LOL” for laugh out loud, 'LMAO' for laughing my ass off) in response to claims of carnage and savagery.\"\u003c/p>\n\u003cp>The chat continued to Alhaggagi's plans to \"place a bomb in a gay club,\" and his statement that \"The whole bay area is gonna be up in flames,\" according to the excerpts of the chat in the government's sentencing arguments. Alhaggagi said his goal was now to \"get 10,000 pppl\" in a series of attacks. He discussed planting secondary bombs along routes that first responders would use to help casualties of his initial attack, according to the prosecution's filing.\u003c/p>\n\u003cp>\u003cstrong>FBI Identifies Alhaggagi\u003c/strong>\u003c/p>\n\u003cp>FBI agents identified Alhaggagi by comparing his screen names in the encrypted chats with a similarly named Twitter account, and tracing the location of that account to a cellphone store in Berkeley, according to the prosecution.\u003c/p>\n\u003cp>Agents also learned that he had recently applied to the Oakland Police Department, something he'd mentioned in his chats as a ploy to get him access to weapons.\u003c/p>\n\u003cp>An undercover FBI agent posing as a former al-Qaida operative in Afghanistan reached out to Alhaggagi and the two met in person on July 29, 2016.\u003c/p>\n\u003cp>\"When the agreed-upon time for the face-to-face meeting in Oakland came, it was ALHAGGAGI who stepped forward to introduce himself,\" the prosecution wrote.\u003c/p>\n\u003cp>\u003cstrong>The 'Quick-Thinking' FBI Agent\u003c/strong>\u003c/p>\n\u003cp>The following conversation between the agent and Alhaggagi was captured on a hidden camera in the agent's car.\u003c/p>\n\u003cp>Video excerpts attached to the prosecution's sentencing arguments begin with Alhaggagi discussing his plans to enter Islamic State-controlled territory through a town on the Turkey-Syria border, but he later discovered that IS was not in control of the town.\u003c/p>\n\u003cp>\"This description from Alhaggagi was in fact remarkably accurate,\" the prosecution wrote, citing the Islamic State's loss of the town to Kurdish forces in the summer of 2015.\u003c/p>\n\u003cp>Alhaggagi explained he received direction from Islamic State operatives to plan an attack in the Bay Area instead.\u003c/p>\n\u003cp>\"I've always wanted to do something here,\" he said.\u003c/p>\n\u003cp>https://youtu.be/U9z1FBzHNOE\u003c/p>\n\u003cp>One plot involved lacing cocaine with strychnine — rodent poison — and distributing the deadly powder at nightclubs. Alhaggagi said he had already ordered the poison.\u003c/p>\n\u003cp>In what became a tour of Alhaggagi's alleged targets in the East Bay, the two men discussed planting bombs in UC Berkeley dorms, and Alhaggagi said, \"Yeah, I'd like to kill the students.\"\u003c/p>\n\u003cp>They then drove into the Berkeley Hills, where Alhaggagi suggested starting a wildfire \"and then it'll spread.\"\u003c/p>\n\u003cp>Alhaggagi said in a Dec. 4 statement to the court that he thought the FBI agent wasn't serious, but rather a \"wannabe who liked to talk big and was maybe pissed off for losing his job.\" Alhaggagi said he was continuing his online trolling in the meeting with the agent, mimicking his \"chat persona\" of an aspiring terrorist.\u003c/p>\n\u003cp>As they headed back to Oakland, the prosecution argues that Alhaggagi decided to vet the FBI agent, asking a series of pointed questions engineered to test the agent's knowledge of al-Qaida and the Islamic State.\u003c/p>\n\u003cp>In one response, the agent praised Iran, \"a critical misstep that raised ALHAGGAGI's suspicions,\" the government wrote, because Iran is majority Shiite country, and the Islamic State is aligned with Sunni Muslims.\u003c/p>\n\u003cp>The agent then didn't recognize the name of the current head of al-Qaida.\u003c/p>\n\u003cfigure id=\"attachment_11712441\" class=\"wp-caption alignnone\" style=\"max-width: 760px\">\u003cimg class=\"size-full wp-image-11712441\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/pros-memo-screen-shot.jpg\" alt=\"A portion of the prosecution's sentencing memorandum, summarizing Alhaggagi's conduct.\" width=\"760\" height=\"549\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/pros-memo-screen-shot.jpg 760w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/pros-memo-screen-shot-160x116.jpg 160w\" sizes=\"(max-width: 760px) 100vw, 760px\">\u003cfigcaption class=\"wp-caption-text\">A portion of the prosecution's sentencing memorandum, summarizing Alhaggagi's conduct. \u003ccite>(Via the U.S. Attorney's Office for the Northern District of California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"[T]he quick-thinking FBI UCE [undercover employee] tried valiantly to recover ... but the damage had already been done. ALHAGGAGI had been alerted — an al-Qaeda operative who did not immediately recognize the name of al-Qaeda's highest leader after the death of Osama bin Laden might not be an al-Qaeda operative at all.\"\u003c/p>\n\u003cp>The defense seized on an apparent contradiction in the government's arguments on this point, disputing the prosecution's characterization of Alhaggagi as a \"mastermind\" who employed tests and ruses to expose an undercover agent, \u003cem>after\u003c/em> he'd revealed his true identity and described his plans in great detail. And he continued to meet with the agent.\u003c/p>\n\u003cp>\"Remarkably, the government paints its own operation in just the opposite light,\" the defense wrote. \"In the government's telling, the FBI was faced with what was a credible and imminent threat, but sent an agent to pose as an al Qaeda member who did not know the first thing about al Qaeda or ISIS.\"\u003c/p>\n\u003cp>The government argues that Alhaggagi eventually stopped meeting with the undercover agent and abandoned his plans because he'd started to suspect a case was being built against him.\u003c/p>\n\u003cp>\"This narrative is simply false,\" the defense wrote. \"It was not because of a misstep by the UCE [undercover employee] that Mr. Alhaggagi never acted on the supposed plans. It was because Mr. Alhaggagi never intended to commit any act of terror to begin with.\"\u003c/p>\n\u003cp>\u003cstrong>Activity Moves Back Online\u003c/strong>\u003c/p>\n\u003cp>The FBI kept Alhaggagi under 24-hour surveillance for the following months, but agents never found any evidence that he had, in fact, ordered strychnine or taken any other significant steps — beyond talk — to carry out his plans.\u003c/p>\n\u003cp>He stopped consistently communicating with the undercover agent after Aug. 14, 2016, when the agent showed him barrels of fake explosive chemicals in a storage shed the FBI had rented, and surveilled, to store attack materials.\u003c/p>\n\u003cp>The agent approached Alhaggagi on the street in Oakland in late September, according the prosecution, and he agreed to meet for a meal, but then never showed up.\u003c/p>\n\u003caside class=\"pullquote alignright\">'He believed none of what he said, was surprised when anyone took him seriously and, in fact, is something of a coward.' \u003ccite>Defense Sentencing Memorandum\u003c/cite>\u003c/aside>\n\u003cp>Federal agents arrested Alhaggagi in late November, initially under suspicion of identity theft charges stemming from the defendant's practice of stealing credit card information from customers of the mobile phone store where he worked. He used the credit cards to buy several thousand dollars worth of clothes.\u003c/p>\n\u003cp>After the arrest and search of Alhaggagi's phones and other devices, agents discovered communications with a 17-year-old in Iraq who in late 2017 was arrested and admitted to facilitating online propaganda for the Islamic State, according to the prosecution.\u003c/p>\n\u003cp>They also found an electronic copy of a pro-Islamic State magazine, an Islamic State bomb-making manual accessed three days before Alhaggagi's arrest, and a statement written in Arabic outlining some of the plans he discussed with the undercover agent.\u003c/p>\n\u003cp>Agents didn't find a handgun Alhaggagi had allegedly shown the FBI undercover agent. They recovered additional video, allegedly taken by Alhaggagi in late June of 2016, weeks before he was identified by the FBI. The government says Alhaggagi can be heard speaking Arabic over video of a burning car, and he said that he caused the fire in the name of the Islamic State.\u003c/p>\n\u003cp>\u003cstrong>Plots Continued After Arrest?\u003c/strong>\u003c/p>\n\u003cp>Though further details about the allegation were filed under seal, the prosecution argues that two jailhouse informants say Alhaggagi continued to plot attacks on U.S. facilities after he was arrested.\u003c/p>\n\u003cp>The defense disputes the veracity of the jailhouse informants' claims and argues the court should not consider their statements.\u003c/p>\n\u003cp>For their part, Alhaggagi's friends and family submitted about a dozen letters pleading for leniency to the court. They describe the defendant as an immature joker who loved attention and seemed unable to notice when a prank went too far.\u003c/p>\n\u003cp>\"Amer Alhaggagi is not a terrorist,\" his defense attorney wrote. \"He is neither radicalized nor dangerous. Rather, as prominent radicalization expert Dr. Marc Sageman has found, the entire catalogue of his online output constituted the made-up imaginings of an immature prankster who felt trapped in a strict and traditional home. He believed none of what he said, was surprised when anyone took him seriously and, in fact, is something of a coward.\"\u003c/p>\n\u003cp>The prosecution argues that interpretation falls for one of Alhaggagi's many frauds.\u003c/p>\n\u003cp>\"If not for the quick-thinking actions of the FBI and its undercover agent, it is no exaggeration whatsoever to say that this sentencing likely would have been about counting the bodies of victims, instead of counting the number of fake Twitter accounts and false IDs,\" the prosecution wrote. \"There is no doubt as far as the government is concerned that Alhaggagi was prepared to go 'live.' Why else did he do research on the dangers of strychnine? Why else was he looking online for fake passports? Why else did he obtain a bomb manual from [the Islamic State]. Why else was the bomb manual not enough? ... This was no joke.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Amer Alhaggagi's defense argues he didn't intend to follow through on anything he said, and he didn't understand the seriousness of setting up social media accounts for members of the Islamic State.","status":"publish","parent":0,"modified":1548957836,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":55,"wordCount":2307},"headData":{"title":"Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area | KQED","description":"Amer Alhaggagi's defense argues he didn't intend to follow through on anything he said, and he didn't understand the seriousness of setting up social media accounts for members of the Islamic State.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area","datePublished":"2018-12-14T13:15:23.000Z","dateModified":"2019-01-31T18:03:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11712239 https://ww2.kqed.org/news/?p=11712239","disqusUrl":"https://ww2.kqed.org/news/2018/12/14/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area/","disqusTitle":"Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/12/EmslieTerrorSentencing.mp3","audioTrackLength":148,"path":"/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area","audioDuration":155000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. District Judge Charles Breyer is expected Monday to consider whether a now 23-year-old Oakland man actually meant the deluge of statements he made online and in person two years ago, describing a series of plans to \"redefine terror\" in the Bay Area by bombing gay nightclubs, setting a wildfire in the Berkeley Hills, distributing cocaine laced with poison and attacking UC Berkeley dorms, among other plots.\u003c/p>\n\u003cp>\"I want to make it to the point where every American here, like, thinks twice or three times before he leaves his home,\" Amer Sinan Alhaggagi said on video as he toured the East Bay on July 29, 2016, with an undercover FBI agent posing as an al-Qaida operative. \"That's the goal. ... All the burning, the explosives, the poison, all of that adds up to some conclusion, you know?\"\u003c/p>\n\u003cp>KQED has exclusively obtained excerpts of that video and other evidence in the case against Alhaggagi, set for sentencing on Monday. In a relatively unusual maneuver this summer, he pleaded guilty to attempting to provide support to a foreign terrorist organization — the Islamic State — with no assurances from the prosecution that he would receive a lighter sentence.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/RS29855_COURTHOUSE_007-qut-1180x788.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>He essentially threw himself on the mercy of the court, said Stanford law professor Robert Weisberg.\u003c/p>\n\u003cp>\"I can understand why the defense thought the case was hopeless in terms of guilt because [the facts against Alhaggagi] are on their face pretty bad,\" Weisberg said. \"They really, really are.\"\u003c/p>\n\u003cp>He said Alhaggagi's defense attorney, Mary McNamara, knows what she's doing with the strategy to litigate her client's culpability at his sentencing hearing. The defense case essentially boils down to this: He didn't intend to follow through on anything that he said. He didn't understand the seriousness of setting up social media accounts for members of the Islamic State — the actual substance of the terrorism charge he faces. And he was essentially a troll, online and IRL, doing it for the LOLs.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n\"The government spins an elaborate theory to explain why a supposed terrorist never took a single step to carry out any of his plots,\" the defense wrote in its sentencing memorandum. \"The government posits that Mr. Alhaggagi, an untrained 21 year old with the mentality of a teenager, is a criminal mastermind whose refusal to act is even \u003cem>bigger proof\u003c/em> that he is a terrorist.\"\u003c/p>\n\u003cp>Weisberg summarized the defense strategy in the case: \"You have to put in the context that this guy sort of ritually repeats horrible things that he’s heard elsewhere, and yes, there’s a risk that they’ll be taken seriously by others, but he’s a fool. He doesn’t know what he’s doing,\" he said.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The texts featured emojis (smiley faces) and the argot of teenagers on the internet (\"LOL\" for laugh out loud, \"LMAO\" for laughing my ass off) in response to claims of carnage and savagery.' \u003ccite>Defense Sentencing Memorandum\u003c/cite>\u003c/aside>\n\u003cp>The stakes are high for Alhaggagi, who faces a wide range of potential prison sentences. His attorneys, the probation department's presentencing report and a defense expert on Islamic radicalization are all recommending a four-year sentence. The prosecution is arguing for 33 years in prison.\u003c/p>\n\u003cp>\"This is one of these cases where ultimately, I think, a wise judge is being asked to come up with something sensible,\" Weisberg said. \"This business about pleading without a deal ahead of time — it’s not a practice I’d recommend very widely, nor one sees very widely, but it may very well make sense here.\"\u003c/p>\n\u003cp>\u003cstrong>Case Begins Online\u003c/strong>\u003c/p>\n\u003cp>Already an accomplished fraudster and identity thief, Alhaggagi began discussing obtaining weapons and joining the Islamic State in Syria in an encrypted online chat room on July 19, 2016, according to the prosecution's sentencing memorandum. An FBI source was lurking in the chat.\u003c/p>\n\u003cp>That source contacted Alhaggagi two days later, but in this conversation, Alhaggagi offered to provide weapons to the FBI source. Over the next week, the two engaged in a wide-ranging encrypted conversation about weapons, bomb-making, terror and the defendant's \"mad crazy plans\" for the Bay Area, according to discussion of the chats in the government's sentencing memorandum.\u003c/p>\n\u003cp>\"[Y]ou kknow [sic] what they say, everyone is a gangster untile [sic] it's time to do gangster shit [emojis],\" Alhaggagi chatted. \"I'm gonna case [sic] millions of dollars worth of damages and \u003cem>inshallah\u003c/em> [God Willing] 100's of bodies.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003cspan style=\"color: #000000\">Read the Arguments\u003c/span>\u003c/h4>\n\u003cfigure>\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/07/RS26073_GettyImages-73534290-qut-1180x787.jpg\" alt=\"\">\u003c/figure>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432118-181204-Alhaggagi-Gov-Sentencing-Memo.html\" target=\"_blank\" rel=\"noopener\">United States' Sentencing Memorandum\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432077-181204-Alhaggagi-Def-Sentencing-Memo.html\" target=\"_blank\" rel=\"noopener\">Defendant's Sentencing Memorandum\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432390-181204-Def-Sentence-Exhibit-a-Alhaggagi-Letter.html\" target=\"_blank\" rel=\"noopener\">Amer Alhaggagi Statement\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The specific emojis Alhaggagi used are not specified in the government's filing. His defense argues they provide important context.\u003c/p>\n\u003cp>\"The exchanges are vile, but read in context they are hard to take seriously,\" the defense's sentencing memorandum says. \"The texts featured emojis (smiley faces) and the argot of teenagers on the internet (“LOL” for laugh out loud, 'LMAO' for laughing my ass off) in response to claims of carnage and savagery.\"\u003c/p>\n\u003cp>The chat continued to Alhaggagi's plans to \"place a bomb in a gay club,\" and his statement that \"The whole bay area is gonna be up in flames,\" according to the excerpts of the chat in the government's sentencing arguments. Alhaggagi said his goal was now to \"get 10,000 pppl\" in a series of attacks. He discussed planting secondary bombs along routes that first responders would use to help casualties of his initial attack, according to the prosecution's filing.\u003c/p>\n\u003cp>\u003cstrong>FBI Identifies Alhaggagi\u003c/strong>\u003c/p>\n\u003cp>FBI agents identified Alhaggagi by comparing his screen names in the encrypted chats with a similarly named Twitter account, and tracing the location of that account to a cellphone store in Berkeley, according to the prosecution.\u003c/p>\n\u003cp>Agents also learned that he had recently applied to the Oakland Police Department, something he'd mentioned in his chats as a ploy to get him access to weapons.\u003c/p>\n\u003cp>An undercover FBI agent posing as a former al-Qaida operative in Afghanistan reached out to Alhaggagi and the two met in person on July 29, 2016.\u003c/p>\n\u003cp>\"When the agreed-upon time for the face-to-face meeting in Oakland came, it was ALHAGGAGI who stepped forward to introduce himself,\" the prosecution wrote.\u003c/p>\n\u003cp>\u003cstrong>The 'Quick-Thinking' FBI Agent\u003c/strong>\u003c/p>\n\u003cp>The following conversation between the agent and Alhaggagi was captured on a hidden camera in the agent's car.\u003c/p>\n\u003cp>Video excerpts attached to the prosecution's sentencing arguments begin with Alhaggagi discussing his plans to enter Islamic State-controlled territory through a town on the Turkey-Syria border, but he later discovered that IS was not in control of the town.\u003c/p>\n\u003cp>\"This description from Alhaggagi was in fact remarkably accurate,\" the prosecution wrote, citing the Islamic State's loss of the town to Kurdish forces in the summer of 2015.\u003c/p>\n\u003cp>Alhaggagi explained he received direction from Islamic State operatives to plan an attack in the Bay Area instead.\u003c/p>\n\u003cp>\"I've always wanted to do something here,\" he said.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/U9z1FBzHNOE'\n title='//www.youtube.com/embed/U9z1FBzHNOE'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>One plot involved lacing cocaine with strychnine — rodent poison — and distributing the deadly powder at nightclubs. Alhaggagi said he had already ordered the poison.\u003c/p>\n\u003cp>In what became a tour of Alhaggagi's alleged targets in the East Bay, the two men discussed planting bombs in UC Berkeley dorms, and Alhaggagi said, \"Yeah, I'd like to kill the students.\"\u003c/p>\n\u003cp>They then drove into the Berkeley Hills, where Alhaggagi suggested starting a wildfire \"and then it'll spread.\"\u003c/p>\n\u003cp>Alhaggagi said in a Dec. 4 statement to the court that he thought the FBI agent wasn't serious, but rather a \"wannabe who liked to talk big and was maybe pissed off for losing his job.\" Alhaggagi said he was continuing his online trolling in the meeting with the agent, mimicking his \"chat persona\" of an aspiring terrorist.\u003c/p>\n\u003cp>As they headed back to Oakland, the prosecution argues that Alhaggagi decided to vet the FBI agent, asking a series of pointed questions engineered to test the agent's knowledge of al-Qaida and the Islamic State.\u003c/p>\n\u003cp>In one response, the agent praised Iran, \"a critical misstep that raised ALHAGGAGI's suspicions,\" the government wrote, because Iran is majority Shiite country, and the Islamic State is aligned with Sunni Muslims.\u003c/p>\n\u003cp>The agent then didn't recognize the name of the current head of al-Qaida.\u003c/p>\n\u003cfigure id=\"attachment_11712441\" class=\"wp-caption alignnone\" style=\"max-width: 760px\">\u003cimg class=\"size-full wp-image-11712441\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/pros-memo-screen-shot.jpg\" alt=\"A portion of the prosecution's sentencing memorandum, summarizing Alhaggagi's conduct.\" width=\"760\" height=\"549\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/pros-memo-screen-shot.jpg 760w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/pros-memo-screen-shot-160x116.jpg 160w\" sizes=\"(max-width: 760px) 100vw, 760px\">\u003cfigcaption class=\"wp-caption-text\">A portion of the prosecution's sentencing memorandum, summarizing Alhaggagi's conduct. \u003ccite>(Via the U.S. Attorney's Office for the Northern District of California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"[T]he quick-thinking FBI UCE [undercover employee] tried valiantly to recover ... but the damage had already been done. ALHAGGAGI had been alerted — an al-Qaeda operative who did not immediately recognize the name of al-Qaeda's highest leader after the death of Osama bin Laden might not be an al-Qaeda operative at all.\"\u003c/p>\n\u003cp>The defense seized on an apparent contradiction in the government's arguments on this point, disputing the prosecution's characterization of Alhaggagi as a \"mastermind\" who employed tests and ruses to expose an undercover agent, \u003cem>after\u003c/em> he'd revealed his true identity and described his plans in great detail. And he continued to meet with the agent.\u003c/p>\n\u003cp>\"Remarkably, the government paints its own operation in just the opposite light,\" the defense wrote. \"In the government's telling, the FBI was faced with what was a credible and imminent threat, but sent an agent to pose as an al Qaeda member who did not know the first thing about al Qaeda or ISIS.\"\u003c/p>\n\u003cp>The government argues that Alhaggagi eventually stopped meeting with the undercover agent and abandoned his plans because he'd started to suspect a case was being built against him.\u003c/p>\n\u003cp>\"This narrative is simply false,\" the defense wrote. \"It was not because of a misstep by the UCE [undercover employee] that Mr. Alhaggagi never acted on the supposed plans. It was because Mr. Alhaggagi never intended to commit any act of terror to begin with.\"\u003c/p>\n\u003cp>\u003cstrong>Activity Moves Back Online\u003c/strong>\u003c/p>\n\u003cp>The FBI kept Alhaggagi under 24-hour surveillance for the following months, but agents never found any evidence that he had, in fact, ordered strychnine or taken any other significant steps — beyond talk — to carry out his plans.\u003c/p>\n\u003cp>He stopped consistently communicating with the undercover agent after Aug. 14, 2016, when the agent showed him barrels of fake explosive chemicals in a storage shed the FBI had rented, and surveilled, to store attack materials.\u003c/p>\n\u003cp>The agent approached Alhaggagi on the street in Oakland in late September, according the prosecution, and he agreed to meet for a meal, but then never showed up.\u003c/p>\n\u003caside class=\"pullquote alignright\">'He believed none of what he said, was surprised when anyone took him seriously and, in fact, is something of a coward.' \u003ccite>Defense Sentencing Memorandum\u003c/cite>\u003c/aside>\n\u003cp>Federal agents arrested Alhaggagi in late November, initially under suspicion of identity theft charges stemming from the defendant's practice of stealing credit card information from customers of the mobile phone store where he worked. He used the credit cards to buy several thousand dollars worth of clothes.\u003c/p>\n\u003cp>After the arrest and search of Alhaggagi's phones and other devices, agents discovered communications with a 17-year-old in Iraq who in late 2017 was arrested and admitted to facilitating online propaganda for the Islamic State, according to the prosecution.\u003c/p>\n\u003cp>They also found an electronic copy of a pro-Islamic State magazine, an Islamic State bomb-making manual accessed three days before Alhaggagi's arrest, and a statement written in Arabic outlining some of the plans he discussed with the undercover agent.\u003c/p>\n\u003cp>Agents didn't find a handgun Alhaggagi had allegedly shown the FBI undercover agent. They recovered additional video, allegedly taken by Alhaggagi in late June of 2016, weeks before he was identified by the FBI. The government says Alhaggagi can be heard speaking Arabic over video of a burning car, and he said that he caused the fire in the name of the Islamic State.\u003c/p>\n\u003cp>\u003cstrong>Plots Continued After Arrest?\u003c/strong>\u003c/p>\n\u003cp>Though further details about the allegation were filed under seal, the prosecution argues that two jailhouse informants say Alhaggagi continued to plot attacks on U.S. facilities after he was arrested.\u003c/p>\n\u003cp>The defense disputes the veracity of the jailhouse informants' claims and argues the court should not consider their statements.\u003c/p>\n\u003cp>For their part, Alhaggagi's friends and family submitted about a dozen letters pleading for leniency to the court. They describe the defendant as an immature joker who loved attention and seemed unable to notice when a prank went too far.\u003c/p>\n\u003cp>\"Amer Alhaggagi is not a terrorist,\" his defense attorney wrote. \"He is neither radicalized nor dangerous. Rather, as prominent radicalization expert Dr. Marc Sageman has found, the entire catalogue of his online output constituted the made-up imaginings of an immature prankster who felt trapped in a strict and traditional home. He believed none of what he said, was surprised when anyone took him seriously and, in fact, is something of a coward.\"\u003c/p>\n\u003cp>The prosecution argues that interpretation falls for one of Alhaggagi's many frauds.\u003c/p>\n\u003cp>\"If not for the quick-thinking actions of the FBI and its undercover agent, it is no exaggeration whatsoever to say that this sentencing likely would have been about counting the bodies of victims, instead of counting the number of fake Twitter accounts and false IDs,\" the prosecution wrote. \"There is no doubt as far as the government is concerned that Alhaggagi was prepared to go 'live.' Why else did he do research on the dangers of strychnine? Why else was he looking online for fake passports? Why else did he obtain a bomb manual from [the Islamic State]. Why else was the bomb manual not enough? ... This was no joke.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_24652","news_6115","news_19542","news_6780","news_18878","news_2249"],"featImg":"news_11712242","label":"news_72"},"news_11681319":{"type":"posts","id":"news_11681319","meta":{"index":"posts_1591205157","site":"news","id":"11681319","score":null,"sort":[1531963457000]},"guestAuthors":[],"slug":"oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing","title":"Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing","publishDate":1531963457,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A 23-year-old Oakland man pleaded guilty to a terrorism-related charge in federal court Wednesday.\u003c/p>\n\u003cp>Amer Sinan Alhaggagi changed his plea with no assurance from prosecutors that it would shorten his sentence, an unusual move that leaves open a broad range of punishments as the case proceeds to sentencing.\u003c/p>\n\u003cp>Alhaggagi was arrested in late 2016 on an identity-theft charge. But he was later indicted for attempting to provide material support to a foreign terrorism organization — the Islamic State, or ISIS.\u003c/p>\n\u003cp>Federal prosecutors described Alhaggagi's alleged statements online and to an undercover FBI agent at closed hearing in 2016 that was unsealed last summer.\u003c/p>\n\u003cp>Alhaggagi \u003ca href=\"https://www.kqed.org/news/11592065/man-charged-with-attempting-to-support-terrorism-talked-about-attacking-s-f-east-bay-targets\" rel=\"noopener\" target=\"_blank\">allegedly chatted\u003c/a> about bombing a gay club in San Francisco, mixing strychnine with cocaine and distributing it at nightclubs, starting a fire in the Berkeley Hills and planting bombs at dorms on the UC Berkeley campus.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"What he said was all complete rubbish. He didn’t intend to do any of it,\" his defense attorney, Mary McNamara, said outside of court on Wednesday. \u003c/p>\n\u003cp>\"This is really a case about what the appropriate sentence should be,\" she said. \"Here is a young guy who is immature, said some stupid things online. The FBI sent their best people sent out their best people to try and get a sting operation going. He wouldn’t do any of the things that they asked him to do.\"\u003c/p>\n\u003cp>McNamara said that while \"he said some foolish things online,\" Alhaggagi's charges aren't related to any of those statements. Instead, the charge of attempting to provide support to ISIS stems from setting up a handful of social media accounts for people he'd met in an online chat room, according to the indictment in the case.\u003c/p>\n\u003cp>Alhaggagi doesn't dispute that he set up the accounts, and McNamara said there is no defense to the broad U.S. law against supporting foreign terrorist organizations.\u003c/p>\n\u003cp>\"The statute itself, we don’t have a defense to it,\" she said. \"You can give a dollar of support to ISIS — you’re guilty. You can provide humanitarian support to ISIS — you’re guilty. You open up a social media account when somebody asks you — you’re guilty. This is what’s happened in the country since 9/11.\"\u003c/p>\n\u003cp>Alhaggagi also allegedly talked about using fraudulent credit cards and checks to fund the effort, and he faces other charges related to identity theft and fraud.\u003c/p>\n\u003cp>In court Wednesday, he wore an Alameda County jail uniform, which was partially obscured by his hair grown down to his mid-back. The courtroom was packed with supporters, from his family and from the broader Yemeni community in the Bay Area.\u003c/p>\n\u003cp>He spoke little during the hearing, answering \"yes\" to Judge Charles Breyer's questions about whether he understood the potential consequences of changing his plea.\u003c/p>\n\u003cp>But in a filing his defense team made public after the hearing, Alhaggagi described his activity in online chats in late 2016. He said he participated in a \"pro-ISIS chat\" translated to \"Allah is with those who endure,\" where he \"engaged in the trolling behavior of falsely reporting users who had blocked me ... as Shiites.\"\u003c/p>\n\u003cp>\"By doing so, I hoped that Sunni ISIS sympathizers would in turn block these users,\" Alhaggagi wrote, adding that he also re-posted pro-ISIS messages in the chat.\u003c/p>\n\u003cp>\"I believe that it was due to my posting of the pro-ISIS messages and my naming people as Shiites that I was approached by the two individuals who asked me to set up social media accounts,\" the statement says. \"From the manner in which they approached me and the language they used, I believed them to be supporters of ISIS.\"\u003c/p>\n\u003cp>The actual status of the two people for whom Alhaggagi would go on to open Twitter, Facebook and Gmail accounts is in dispute.\u003c/p>\n\u003cp>Federal prosecutor S. Waqar Hasib said in court Wednesday that one of them is \"a real, live member of ISIS.\" McNamara described that person as a 16-year-old high school student in Iraq.\u003c/p>\n\u003cp>Alhaggagi ended his account of in the court filing with a series of apologies:\u003c/p>\n\u003cblockquote>\u003cp>I deeply regret what I have done. I should not have opened the accounts. And, since the time that I was charged, I have seen evidence that some of the Twitter accounts that I opened were in fact used to distribute news and other material about ISIS. I apologize to the FBI and to the Court. I also want to tell my family — my mother, my father, my sisters and my brother and the Yemeni community — how much I regret the damage that I have done to them all.\u003c/p>\u003c/blockquote>\n\u003cp>The maximum punishments for all the charges to which Alhaggagi pleaded guilty add up to a 47-year prison sentence. He could be sentenced to a minimum two years in prison because the identity theft charge mandates that punishment, McNamara said.\u003c/p>\n\u003cp>She said the defense plans to call an expert witness on radicalization at Alhaggagi's sentencing hearing, which scheduled for November.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"I think the testimony will show that he's not radicalized, he's not violent,\" McNamara said after the hearing. \"He's not somebody who believes in ISIS. He doesn't support them. He actually finds their conduct abhorrent. He is somebody whose an ordinary American kid who just had a big mouth.\"\u003c/p>\n\n","blocks":[],"excerpt":"Defense attorney says she can't fight the charges but is asking the court to consider what the 23-year-old defendant's conduct means.","status":"publish","parent":0,"modified":1531963457,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":906},"headData":{"title":"Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing | KQED","description":"Defense attorney says she can't fight the charges but is asking the court to consider what the 23-year-old defendant's conduct means.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing","datePublished":"2018-07-19T01:24:17.000Z","dateModified":"2018-07-19T01:24:17.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11681319 https://ww2.kqed.org/news/?p=11681319","disqusUrl":"https://ww2.kqed.org/news/2018/07/18/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing/","disqusTitle":"Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing","path":"/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A 23-year-old Oakland man pleaded guilty to a terrorism-related charge in federal court Wednesday.\u003c/p>\n\u003cp>Amer Sinan Alhaggagi changed his plea with no assurance from prosecutors that it would shorten his sentence, an unusual move that leaves open a broad range of punishments as the case proceeds to sentencing.\u003c/p>\n\u003cp>Alhaggagi was arrested in late 2016 on an identity-theft charge. But he was later indicted for attempting to provide material support to a foreign terrorism organization — the Islamic State, or ISIS.\u003c/p>\n\u003cp>Federal prosecutors described Alhaggagi's alleged statements online and to an undercover FBI agent at closed hearing in 2016 that was unsealed last summer.\u003c/p>\n\u003cp>Alhaggagi \u003ca href=\"https://www.kqed.org/news/11592065/man-charged-with-attempting-to-support-terrorism-talked-about-attacking-s-f-east-bay-targets\" rel=\"noopener\" target=\"_blank\">allegedly chatted\u003c/a> about bombing a gay club in San Francisco, mixing strychnine with cocaine and distributing it at nightclubs, starting a fire in the Berkeley Hills and planting bombs at dorms on the UC Berkeley campus.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"What he said was all complete rubbish. He didn’t intend to do any of it,\" his defense attorney, Mary McNamara, said outside of court on Wednesday. \u003c/p>\n\u003cp>\"This is really a case about what the appropriate sentence should be,\" she said. \"Here is a young guy who is immature, said some stupid things online. The FBI sent their best people sent out their best people to try and get a sting operation going. He wouldn’t do any of the things that they asked him to do.\"\u003c/p>\n\u003cp>McNamara said that while \"he said some foolish things online,\" Alhaggagi's charges aren't related to any of those statements. Instead, the charge of attempting to provide support to ISIS stems from setting up a handful of social media accounts for people he'd met in an online chat room, according to the indictment in the case.\u003c/p>\n\u003cp>Alhaggagi doesn't dispute that he set up the accounts, and McNamara said there is no defense to the broad U.S. law against supporting foreign terrorist organizations.\u003c/p>\n\u003cp>\"The statute itself, we don’t have a defense to it,\" she said. \"You can give a dollar of support to ISIS — you’re guilty. You can provide humanitarian support to ISIS — you’re guilty. You open up a social media account when somebody asks you — you’re guilty. This is what’s happened in the country since 9/11.\"\u003c/p>\n\u003cp>Alhaggagi also allegedly talked about using fraudulent credit cards and checks to fund the effort, and he faces other charges related to identity theft and fraud.\u003c/p>\n\u003cp>In court Wednesday, he wore an Alameda County jail uniform, which was partially obscured by his hair grown down to his mid-back. The courtroom was packed with supporters, from his family and from the broader Yemeni community in the Bay Area.\u003c/p>\n\u003cp>He spoke little during the hearing, answering \"yes\" to Judge Charles Breyer's questions about whether he understood the potential consequences of changing his plea.\u003c/p>\n\u003cp>But in a filing his defense team made public after the hearing, Alhaggagi described his activity in online chats in late 2016. He said he participated in a \"pro-ISIS chat\" translated to \"Allah is with those who endure,\" where he \"engaged in the trolling behavior of falsely reporting users who had blocked me ... as Shiites.\"\u003c/p>\n\u003cp>\"By doing so, I hoped that Sunni ISIS sympathizers would in turn block these users,\" Alhaggagi wrote, adding that he also re-posted pro-ISIS messages in the chat.\u003c/p>\n\u003cp>\"I believe that it was due to my posting of the pro-ISIS messages and my naming people as Shiites that I was approached by the two individuals who asked me to set up social media accounts,\" the statement says. \"From the manner in which they approached me and the language they used, I believed them to be supporters of ISIS.\"\u003c/p>\n\u003cp>The actual status of the two people for whom Alhaggagi would go on to open Twitter, Facebook and Gmail accounts is in dispute.\u003c/p>\n\u003cp>Federal prosecutor S. Waqar Hasib said in court Wednesday that one of them is \"a real, live member of ISIS.\" McNamara described that person as a 16-year-old high school student in Iraq.\u003c/p>\n\u003cp>Alhaggagi ended his account of in the court filing with a series of apologies:\u003c/p>\n\u003cblockquote>\u003cp>I deeply regret what I have done. I should not have opened the accounts. And, since the time that I was charged, I have seen evidence that some of the Twitter accounts that I opened were in fact used to distribute news and other material about ISIS. I apologize to the FBI and to the Court. I also want to tell my family — my mother, my father, my sisters and my brother and the Yemeni community — how much I regret the damage that I have done to them all.\u003c/p>\u003c/blockquote>\n\u003cp>The maximum punishments for all the charges to which Alhaggagi pleaded guilty add up to a 47-year prison sentence. He could be sentenced to a minimum two years in prison because the identity theft charge mandates that punishment, McNamara said.\u003c/p>\n\u003cp>She said the defense plans to call an expert witness on radicalization at Alhaggagi's sentencing hearing, which scheduled for November.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"I think the testimony will show that he's not radicalized, he's not violent,\" McNamara said after the hearing. \"He's not somebody who believes in ISIS. He doesn't support them. He actually finds their conduct abhorrent. He is somebody whose an ordinary American kid who just had a big mouth.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_6115","news_18878"],"featImg":"news_11681322","label":"news"},"news_10658807":{"type":"posts","id":"news_10658807","meta":{"index":"posts_1591205157","site":"news","id":"10658807","score":null,"sort":[1440722722000]},"guestAuthors":[],"slug":"motion-denied-court-drama-continues-in-shrimp-boy-case","title":"Motion Denied: Court Drama Continues in 'Shrimp Boy' Case","publishDate":1440722722,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>U.S. District Court Judge Charles Breyer on Thursday denied a motion by defense attorneys for Raymond \"Shrimp Boy\" Chow that sought to determine why federal authorities pursued a multiyear investigation of their client but seemed to turn a blind eye to crimes they allege were committed by prominent San Francisco politicians, including Mayor Ed Lee.\u003c/p>\n\u003cp>Chow's defense attorneys, Tony Serra and Curtis Briggs, asked the court to dismiss charges against Chow on the grounds their client was selectively prosecuted and, alternatively, for Breyer to force federal prosecutors and the FBI to turn over memos that could indicate why Lee \"suddenly vanished\" from the investigation.\u003c/p>\n\u003cp>\"I see no evidence whatsoever of any crime or wrongdoing by the mayor,\" Breyer told Briggs and Serra from the bench.\u003c/p>\n\u003cp>Thursday's hearing followed Chow's \u003ca href=\"http://ww2.kqed.org/news/2015/08/04/shrimp-boy-defense-ed-lee-other-officials-implicated-in-fbi-probe\" target=\"_blank\">explosive Aug. 4 motion\u003c/a> that included transcripts from FBI phone taps, body-worn wire recordings and other notes that appear to implicate several political players in San Francisco.\u003c/p>\n\u003cp>The connection to Lee comes from recorded statements from former Human Rights Commissioner Nazly Mohajer and commission staffer Zula Jones. According to FBI evidence cited and attached to the Aug. 4 filing, Jones called an undercover FBI agent on April 17, 2012. She initially told the agent that an individual could not donate more than $500. Then, from the filing:\u003c/p>\n\u003cblockquote>\u003cp>At this point, JONES realized she was speaking to UCE [undercover employee] 4773, said she called the wrong person back and said “Oh my god, I’m thinking you’re someone from San Jose …. Sorry I had a hectic day today, I really apologize.” She then switched the subject, “Ed knows that you gave the 10,000 … he knows that … he knows that you will give another 10,000. He also knows that we had to break the 10,000 up.”\u003c/p>\u003c/blockquote>\n\u003cp>In court Thursday, Briggs said Lee himself was also recorded on a tapped phone thanking an undercover FBI agent for the illegal donation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Agent 4773 actually spoke to Ed Lee on the phone in the context of an illegal donation,\" Briggs said.\u003c/p>\n\u003cp>Breyer pressed Briggs on what the \"context of an illegal donation\" means.\u003c/p>\n\u003cp>\"A bribe,\" Briggs said. But when Breyer pressed further, Briggs couldn't produce evidence directly linking Lee to criminal wrongdoing.\u003c/p>\n\u003cp>And the transcript of that alleged conversation was not included in Chow's original motion. Breyer has since ruled that all future references to \"wiretap applications and orders, and the documents incorporated therein, shall be filed under seal and may be disclosed only upon a finding of good cause by this Court.\"\u003c/p>\n\u003cp>He said Thursday that the case includes some 100,000 pages of transcripts from FBI wires.\u003c/p>\n\u003cp>\"There's nothing in the record that demonstrates that the mayor was involved in the contributions, or splitting it up, or that there was any impermissible quid pro quo,\" Breyer said.\u003c/p>\n\u003cp>Briggs said he inadvertently omitted the transcript of Lee's alleged taped conversation with the agent from the original motion, but he described it to reporters after Thursday's hearing.\u003c/p>\n\u003cp>\"[Jones] said, here, somebody wants to talk to you, and the FBI says it was Ed Lee got on the phone, said thank you so much for your support. I'm looking forward to working with you or something to that effect,\" Briggs said. \"Zula arranged a meeting a couple weeks later. Ed Lee sat down at that meeting with three undercover agents from the FBI and very carefully talked about potentially favorable contracts in the city ... and then he kind of disappears from the investigation.\"\u003c/p>\n\u003cp>The mayor's office did not respond to a request for comment, but a spokesman for Lee's re-election campaign did respond.\u003c/p>\n\u003cp>\"Are you kidding me???\" Ed Lee for Mayor 2015 Communications Director P.J. Johnston wrote in an emailed response. \"The judge vindicated the Mayor, and you're pursuing more outrageous accusations by Shrimp Boy ... Shrimp Boy’s legal strategy was to smear as many other people as he could. The strategy failed. It’s incumbent upon the media to pay at least half as much attention to the exoneration as they paid to the scurrilous accusations.\"\u003c/p>\n\u003cp>San Francisco's Ethics Commission, district attorney and city attorney have \u003ca href=\"http://www.sfexaminer.com/da-city-attorney-investigating-illegal-campaign-contributions-to-mayor-lee/\" target=\"_blank\">launched investigations\u003c/a> into the alleged improper campaign donations.\u003c/p>\n\u003cp>Chow's defense team said it didn't expect the case to be dismissed but had hoped the court would force the government to reveal how the decision was made to stop investigating Lee. With that discovery, the lawyers argued, they could likely make a better case that Chow was unfairly targeted while federal prosecutors turned a blind eye to Lee.\u003c/p>\n\u003cp>\"We're in a Catch-22 unless the court intervenes,\" Serra told Breyer.\u003c/p>\n\u003cp>Assistant U.S. Attorney Susan Badger argued the legal burden is on the defense to provide evidence of a selective prosecution, which they failed to do in this case. She said in court that the issue goes to the heart of government separation of powers.\u003c/p>\n\u003cp>\"The executive makes the decision who and what to prosecute, whether there is sufficient evidence,\" she said. \"The courts require a rigorous standard in order to allow the judicial branch to start scrutinizing prosecutorial discretion.\"\u003c/p>\n\u003cp>Breyer suggested to the defense that Lee and others may not have been prosecuted because the evidence wasn't there.\u003c/p>\n\u003cp>\"No, too big to fall,\" Serra responded. \"Too big to fall.\"\u003c/p>\n\u003cp>\"There's nothing there, Mr. Serra,\" Breyer said.\u003c/p>\n\u003cp>Serra said allegations brought up in the selective prosecution motion will be central to the defense's case when Chow's jury trial begins.\u003c/p>\n\u003cp>\"They could have got other political people easy as pie,\" Serra said after court. \"They chose not to, and this motion here, we wanted to find out really, why didn't you? Why didn't you go to the grand jury on the mayor? Why didn't you further the investigation? ... You're going to find that they didn't want to touch this very strong political core in San Francisco.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"They wanted to get our client Shrimp Boy. They were blind to everything else. So that's going to help us with a jury.\"\u003c/p>\n\n","blocks":[],"excerpt":"Defense asserts Mayor Ed Lee knew about illegal campaign donations, but judge says there's no evidence.","status":"publish","parent":0,"modified":1440723432,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1034},"headData":{"title":"Motion Denied: Court Drama Continues in 'Shrimp Boy' Case | KQED","description":"Defense asserts Mayor Ed Lee knew about illegal campaign donations, but judge says there's no evidence.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Motion Denied: Court Drama Continues in 'Shrimp Boy' Case","datePublished":"2015-08-28T00:45:22.000Z","dateModified":"2015-08-28T00:57:12.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10658807 http://ww2.kqed.org/news/?p=10658807","disqusUrl":"https://ww2.kqed.org/news/2015/08/27/motion-denied-court-drama-continues-in-shrimp-boy-case/","disqusTitle":"Motion Denied: Court Drama Continues in 'Shrimp Boy' Case","path":"/news/10658807/motion-denied-court-drama-continues-in-shrimp-boy-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. District Court Judge Charles Breyer on Thursday denied a motion by defense attorneys for Raymond \"Shrimp Boy\" Chow that sought to determine why federal authorities pursued a multiyear investigation of their client but seemed to turn a blind eye to crimes they allege were committed by prominent San Francisco politicians, including Mayor Ed Lee.\u003c/p>\n\u003cp>Chow's defense attorneys, Tony Serra and Curtis Briggs, asked the court to dismiss charges against Chow on the grounds their client was selectively prosecuted and, alternatively, for Breyer to force federal prosecutors and the FBI to turn over memos that could indicate why Lee \"suddenly vanished\" from the investigation.\u003c/p>\n\u003cp>\"I see no evidence whatsoever of any crime or wrongdoing by the mayor,\" Breyer told Briggs and Serra from the bench.\u003c/p>\n\u003cp>Thursday's hearing followed Chow's \u003ca href=\"http://ww2.kqed.org/news/2015/08/04/shrimp-boy-defense-ed-lee-other-officials-implicated-in-fbi-probe\" target=\"_blank\">explosive Aug. 4 motion\u003c/a> that included transcripts from FBI phone taps, body-worn wire recordings and other notes that appear to implicate several political players in San Francisco.\u003c/p>\n\u003cp>The connection to Lee comes from recorded statements from former Human Rights Commissioner Nazly Mohajer and commission staffer Zula Jones. According to FBI evidence cited and attached to the Aug. 4 filing, Jones called an undercover FBI agent on April 17, 2012. She initially told the agent that an individual could not donate more than $500. Then, from the filing:\u003c/p>\n\u003cblockquote>\u003cp>At this point, JONES realized she was speaking to UCE [undercover employee] 4773, said she called the wrong person back and said “Oh my god, I’m thinking you’re someone from San Jose …. Sorry I had a hectic day today, I really apologize.” She then switched the subject, “Ed knows that you gave the 10,000 … he knows that … he knows that you will give another 10,000. He also knows that we had to break the 10,000 up.”\u003c/p>\u003c/blockquote>\n\u003cp>In court Thursday, Briggs said Lee himself was also recorded on a tapped phone thanking an undercover FBI agent for the illegal donation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Agent 4773 actually spoke to Ed Lee on the phone in the context of an illegal donation,\" Briggs said.\u003c/p>\n\u003cp>Breyer pressed Briggs on what the \"context of an illegal donation\" means.\u003c/p>\n\u003cp>\"A bribe,\" Briggs said. But when Breyer pressed further, Briggs couldn't produce evidence directly linking Lee to criminal wrongdoing.\u003c/p>\n\u003cp>And the transcript of that alleged conversation was not included in Chow's original motion. Breyer has since ruled that all future references to \"wiretap applications and orders, and the documents incorporated therein, shall be filed under seal and may be disclosed only upon a finding of good cause by this Court.\"\u003c/p>\n\u003cp>He said Thursday that the case includes some 100,000 pages of transcripts from FBI wires.\u003c/p>\n\u003cp>\"There's nothing in the record that demonstrates that the mayor was involved in the contributions, or splitting it up, or that there was any impermissible quid pro quo,\" Breyer said.\u003c/p>\n\u003cp>Briggs said he inadvertently omitted the transcript of Lee's alleged taped conversation with the agent from the original motion, but he described it to reporters after Thursday's hearing.\u003c/p>\n\u003cp>\"[Jones] said, here, somebody wants to talk to you, and the FBI says it was Ed Lee got on the phone, said thank you so much for your support. I'm looking forward to working with you or something to that effect,\" Briggs said. \"Zula arranged a meeting a couple weeks later. Ed Lee sat down at that meeting with three undercover agents from the FBI and very carefully talked about potentially favorable contracts in the city ... and then he kind of disappears from the investigation.\"\u003c/p>\n\u003cp>The mayor's office did not respond to a request for comment, but a spokesman for Lee's re-election campaign did respond.\u003c/p>\n\u003cp>\"Are you kidding me???\" Ed Lee for Mayor 2015 Communications Director P.J. Johnston wrote in an emailed response. \"The judge vindicated the Mayor, and you're pursuing more outrageous accusations by Shrimp Boy ... Shrimp Boy’s legal strategy was to smear as many other people as he could. The strategy failed. It’s incumbent upon the media to pay at least half as much attention to the exoneration as they paid to the scurrilous accusations.\"\u003c/p>\n\u003cp>San Francisco's Ethics Commission, district attorney and city attorney have \u003ca href=\"http://www.sfexaminer.com/da-city-attorney-investigating-illegal-campaign-contributions-to-mayor-lee/\" target=\"_blank\">launched investigations\u003c/a> into the alleged improper campaign donations.\u003c/p>\n\u003cp>Chow's defense team said it didn't expect the case to be dismissed but had hoped the court would force the government to reveal how the decision was made to stop investigating Lee. With that discovery, the lawyers argued, they could likely make a better case that Chow was unfairly targeted while federal prosecutors turned a blind eye to Lee.\u003c/p>\n\u003cp>\"We're in a Catch-22 unless the court intervenes,\" Serra told Breyer.\u003c/p>\n\u003cp>Assistant U.S. Attorney Susan Badger argued the legal burden is on the defense to provide evidence of a selective prosecution, which they failed to do in this case. She said in court that the issue goes to the heart of government separation of powers.\u003c/p>\n\u003cp>\"The executive makes the decision who and what to prosecute, whether there is sufficient evidence,\" she said. \"The courts require a rigorous standard in order to allow the judicial branch to start scrutinizing prosecutorial discretion.\"\u003c/p>\n\u003cp>Breyer suggested to the defense that Lee and others may not have been prosecuted because the evidence wasn't there.\u003c/p>\n\u003cp>\"No, too big to fall,\" Serra responded. \"Too big to fall.\"\u003c/p>\n\u003cp>\"There's nothing there, Mr. Serra,\" Breyer said.\u003c/p>\n\u003cp>Serra said allegations brought up in the selective prosecution motion will be central to the defense's case when Chow's jury trial begins.\u003c/p>\n\u003cp>\"They could have got other political people easy as pie,\" Serra said after court. \"They chose not to, and this motion here, we wanted to find out really, why didn't you? Why didn't you go to the grand jury on the mayor? Why didn't you further the investigation? ... You're going to find that they didn't want to touch this very strong political core in San Francisco.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"They wanted to get our client Shrimp Boy. They were blind to everything else. So that's going to help us with a jury.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10658807/motion-denied-court-drama-continues-in-shrimp-boy-case","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8","news_13"],"tags":["news_6115","news_543","news_5690","news_6106","news_6058"],"featImg":"news_10658865","label":"news_6944"},"news_132281":{"type":"posts","id":"news_132281","meta":{"index":"posts_1591205157","site":"news","id":"132281","score":null,"sort":[1397226635000]},"guestAuthors":[],"slug":"yee-chow-and-jackson-expected-back-in-court-friday","title":"Yee, Chow and Jackson Expected Back in Court Friday","publishDate":1397226635,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Suspended state Sen. Leland Yee is due back in court Friday, along with most of the other 28 co-defendants who have been caught up in the sprawling political corruption case that includes charges of gun trafficking, murder for hire, corruption and fraud.\u003c/p>\n\u003cp>The complicated, multi-part indictment is still a long way from trial. But that hasn’t stopped the speculation about possible defenses for the three lead defendants— Yee, Raymond “Shrimp Boy” Chow and Keith Jackson — all expected back in court Friday.\u003c/p>\n\u003cfigure id=\"attachment_132332\" class=\"wp-caption alignleft\" style=\"max-width: 332px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/481741233.jpg\">\u003cimg class=\"wp-image-132332 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/481741233-640x462.jpg\" alt=\"State Sen. Leland Yee gets into an awaiting car as he leaves the Phillip Burton Federal Building after a court appearance on March 31, 2014 (Justin Sullivan/Getty Images).\" width=\"332\" height=\"239\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">State Sen. Leland Yee gets into an awaiting car as he leaves the Phillip Burton Federal Building after a court appearance on March 31, 2014 (Justin Sullivan/Getty Images). \u003ccite>( (Justin Sullivan/Getty Images).)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>James Brosnahan, \u003ca href=\"http://ww2.kqed.org/news/2014/03/31/131063/keith-jackson-james-brosnahan-leland-yee-scandal\" target=\"_blank\"> who is representing political consultant Keith Jackson\u003c/a>, implied that a lack of physical evidence will be part of his defense against gun-trafficking charges. “The guns that are referred to, from the Philippines, do not exist. They are nowhere to be found,” Brosnahan said.\u003c/p>\n\u003cp>Rory Little, professor of law at UC Hastings, cautions against this defense. “We have in our society made the decision to have crimes, like conspiracy, like fraud, like bribery, that do not require any physical evidence,” Little said. “You don’t need guns to prove a conspiracy to import guns.”\u003c/p>\n\u003cp>In terms of political corruption charges facing Yee, arguing that the legal definition of bribery has not been met could make a stronger case, Little said. “This was not a specific quid pro quo for an official act by a senator,” he said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Another attractive defense is entrapment -- arguing that the FBI overreached by concocting elaborate schemes to lure the defendants into committing crimes. Lawyers must convince a jury that “any law-abiding person would have acted in the same way,” a fact that Little said “is very hard to prove.”\u003c/p>\n\u003caside class=\"pullquote alignleft\"> “You don’t need guns to prove a conspiracy to import guns.”\u003cbr>\n\u003ccite>— Rory Little, Professor\u003c/cite>\u003cbr>\n\u003c/aside>\n\u003cp>While the FBI investigation, laid out in a 1\u003ca href=\"http://ww2.kqed.org/news/2014/03/26/a-reporters-guide-to-affidavit-on-leland-yee/\" target=\"_blank\">20-page criminal complaint\u003c/a>, took years to complete, attorneys have only had a few weeks to craft their cases. Regardless of the specific defenses they settle on, Little said a major part of any defense attorney’s job will be to “counteract the wave of publicity” triggered by the Hollywood-like aspects of the case.\u003c/p>\n\u003cp>Attorney Tony Serra, who is representing Raymond Chow, recently said his client “has helped the poor (and made) sacrifices,” claims meant to bolster Chow’s character.\u003c/p>\n\u003cp>At Friday’s status hearing, Yee and the other co-defendants will be appearing in front of U.S. District Judge Charles Breyer for the first time. Randomly selected to hear the case, Breyer is the brother of U.S. Supreme Court Justice Stephen Breyer. “He is one of the most experienced judges in the district,” with many highly publicized cases under his belt, Little said.\u003c/p>\n\u003cp>Still, it is much too early to predict anything about this case, other than packed courtrooms and a lot of media attention. According to Little, “It’s going to be a free-for-all.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/144124594&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"Entrapment, lack of physical evidence expected defenses in sprawling political corruption case.","status":"publish","parent":0,"modified":1398733166,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":547},"headData":{"title":"Yee, Chow and Jackson Expected Back in Court Friday | KQED","description":"Entrapment, lack of physical evidence expected defenses in sprawling political corruption case.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Yee, Chow and Jackson Expected Back in Court Friday","datePublished":"2014-04-11T14:30:35.000Z","dateModified":"2014-04-29T00:59:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"132281 http://ww2.kqed.org/news/?p=132281","disqusUrl":"https://ww2.kqed.org/news/2014/04/11/yee-chow-and-jackson-expected-back-in-court-friday/","disqusTitle":"Yee, Chow and Jackson Expected Back in Court Friday","customPermalink":"2014/04/10/yee-chow-and-jackson-back-in-court-friday/","path":"/news/132281/yee-chow-and-jackson-expected-back-in-court-friday","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Suspended state Sen. Leland Yee is due back in court Friday, along with most of the other 28 co-defendants who have been caught up in the sprawling political corruption case that includes charges of gun trafficking, murder for hire, corruption and fraud.\u003c/p>\n\u003cp>The complicated, multi-part indictment is still a long way from trial. But that hasn’t stopped the speculation about possible defenses for the three lead defendants— Yee, Raymond “Shrimp Boy” Chow and Keith Jackson — all expected back in court Friday.\u003c/p>\n\u003cfigure id=\"attachment_132332\" class=\"wp-caption alignleft\" style=\"max-width: 332px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/481741233.jpg\">\u003cimg class=\"wp-image-132332 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/481741233-640x462.jpg\" alt=\"State Sen. Leland Yee gets into an awaiting car as he leaves the Phillip Burton Federal Building after a court appearance on March 31, 2014 (Justin Sullivan/Getty Images).\" width=\"332\" height=\"239\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">State Sen. Leland Yee gets into an awaiting car as he leaves the Phillip Burton Federal Building after a court appearance on March 31, 2014 (Justin Sullivan/Getty Images). \u003ccite>( (Justin Sullivan/Getty Images).)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>James Brosnahan, \u003ca href=\"http://ww2.kqed.org/news/2014/03/31/131063/keith-jackson-james-brosnahan-leland-yee-scandal\" target=\"_blank\"> who is representing political consultant Keith Jackson\u003c/a>, implied that a lack of physical evidence will be part of his defense against gun-trafficking charges. “The guns that are referred to, from the Philippines, do not exist. They are nowhere to be found,” Brosnahan said.\u003c/p>\n\u003cp>Rory Little, professor of law at UC Hastings, cautions against this defense. “We have in our society made the decision to have crimes, like conspiracy, like fraud, like bribery, that do not require any physical evidence,” Little said. “You don’t need guns to prove a conspiracy to import guns.”\u003c/p>\n\u003cp>In terms of political corruption charges facing Yee, arguing that the legal definition of bribery has not been met could make a stronger case, Little said. “This was not a specific quid pro quo for an official act by a senator,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Another attractive defense is entrapment -- arguing that the FBI overreached by concocting elaborate schemes to lure the defendants into committing crimes. Lawyers must convince a jury that “any law-abiding person would have acted in the same way,” a fact that Little said “is very hard to prove.”\u003c/p>\n\u003caside class=\"pullquote alignleft\"> “You don’t need guns to prove a conspiracy to import guns.”\u003cbr>\n\u003ccite>— Rory Little, Professor\u003c/cite>\u003cbr>\n\u003c/aside>\n\u003cp>While the FBI investigation, laid out in a 1\u003ca href=\"http://ww2.kqed.org/news/2014/03/26/a-reporters-guide-to-affidavit-on-leland-yee/\" target=\"_blank\">20-page criminal complaint\u003c/a>, took years to complete, attorneys have only had a few weeks to craft their cases. Regardless of the specific defenses they settle on, Little said a major part of any defense attorney’s job will be to “counteract the wave of publicity” triggered by the Hollywood-like aspects of the case.\u003c/p>\n\u003cp>Attorney Tony Serra, who is representing Raymond Chow, recently said his client “has helped the poor (and made) sacrifices,” claims meant to bolster Chow’s character.\u003c/p>\n\u003cp>At Friday’s status hearing, Yee and the other co-defendants will be appearing in front of U.S. District Judge Charles Breyer for the first time. Randomly selected to hear the case, Breyer is the brother of U.S. Supreme Court Justice Stephen Breyer. “He is one of the most experienced judges in the district,” with many highly publicized cases under his belt, Little said.\u003c/p>\n\u003cp>Still, it is much too early to predict anything about this case, other than packed courtrooms and a lot of media attention. According to Little, “It’s going to be a free-for-all.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/144124594&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/132281/yee-chow-and-jackson-expected-back-in-court-friday","authors":["188"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_6115","news_6066","news_139","news_6106"],"featImg":"news_132332","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. 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You ask the questions. You decide what Bay Curious investigates. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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